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

ACTS 






AND 



RESOLVES 



PASSED BY THE 



dcncral ^omi of Passarkuscttfi 



IX THE "I'EAR 



1948 



TOGETHER WITH 



TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 

1948 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1948 



The General Court, which was chosen November 5, 1946, 
assembled on Wednesday, the seventh day of January. 1948, for 
its second annual session. 

His Excellency Robert F. Bradford and His Honor Arthur 
W. CooLiDGE continued to serve as Governor and Lieutenant 
Governor, respectivelj', for the political year of 1948. 



ACTS. 



An Act relative to the distribution of copies of the QJid^)^ \ 

BULLETINS OF COMMITTEE HEARINGS OF THE GENERAL 
COURT. 

Whereas, This act establishes the charge for the maihng Emergency 
of copies of the bulletins of committee hearings of the General p'"^^™'^'^- 
Court and the deferred operation thereof would prevent 
such charge from applying to such bulletins to be issued 
forthwith, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

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

Section 12 of chapter 5 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking amended.'^"' 
out, in line 6, the word "two" and inserting in place thereof 
the word: ■ — three, — so as to read as follows: — Section 12. Bulletins of 
The committees on rules of the two branches, acting con- he^ri^gsf^ 
currently, shall publish during each regular session of the 
general court bulletins of committee hearings, and shall 
appoint the editor thereof and fix his compensation. The 
chairman of either of said committees shall approve bills 
for editing and printing said bulletins before they are sent 
to the comptroller for allowance. On receipt of three dollars 
from each applicant therefor the sergeant-at-arms shall 
mail to him copies of these bulletins. 

Approved January 8, 1948. 

An Act relative to further stay of judgment and (JIkxt). 2 
execution in actions of summary process. 

Whereas, The deferred operation of this act would tend in Emergency 
part to defeat its purpose, which is to provide the courts preamble. 
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 public health and convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 43 of the acts of 1946 is hereby 
amended by striking out section 1, as amended by section 1 
of chapter 78 of the acts of 1947, and inserting in place 



Acts, 1948. — Chap. 3. 

thereof the following: — Section 1. So long as this act con- 
tinues in force, a stay or successive stays of judgment and 
execution may be granted under sections nine to thirteen, 
inclusive, of chapter two hundred and thirty-nine of the 
General Laws, for a period not exceeding twelve months or 
for periods not exceeding twelve months in the aggregate. 

Section 2. Section 2 of said chapter 43, as amended by 
section 2 of said chapter 78, is hereby further amended by 
striking out, in lines 2 and 3, the word "forty-eight" and 
inserting in place thereof the word: — forty-nine, — so as 
to read as follows: — Section 2. This act shall become in- 
operative on March thirty-first, nineteen hundred and 
forty-nine. 

Section 3. An additional stay, or successive stays, may 
be granted under said chapter forty-three, as most recently 
amended by this act, in any case in which a stay entered by 
order of court prior to the effective date of this act is unex- 
pired; provided, however, that the aggregate of all stays 
granted in such case before and after said effective date shall 
not exceed twelve months. 

Section 4. Any person who recovers possession of 
premises used for dwelling purposes in an action of summary 
process on the misrepresentation to the court that he intends 
to use said premises for his own use shall be guilty of con- 
tempt of court. Approved January 12, 1948. 



Chap. 3 An Act to authorize the town of otis 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 Otis 
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 thousand dollars, and 
may issue bonds or notes of the town therefor which shall 
bear on their face the words, "Otis School Loan, Act of 
1948". 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 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 January 15, 1948. 



Acts, 1948. — Chaps. 4, 5, 6. 



An Act relative to the status of frank white as a 
member of the fire department of the city of bos- 
TON. 

Be it enacted., etc., as follows: 

Section 1. Frank White, u meiuber of the fire depart- 
ment of the city of Boston, who was injured in the per- 
formance of duty as a miUtary substitute in said department, 
shall be deemed to be permanently appointed thereto 
without further examination and without being required 
to serve any probationary period. 

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

Approved January 20, 194S. 



Chap. 



An Act authorizing towns to incur additional liabili- (JJ^qj) 5 

TIES FOR the REMOVAL of SNOW AND ICE. 

Whereas, There is immediate need for authorizing the Emergency 
incurring of additional liabilities for the removal of snow preamble, 
and ice in towns as provided by this act, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the public safet}' and convenience. 

Be it enacted, etc., as follows: 

Section 13 of chapter 44 of the General Laws, as most g. l. (Ter. 
recently amended by section 17 of chapter 358 of the acts of § 13,'etl?'., 
1946, is hereby further amended b}^ adding at the end the amended. 
following paragraph: — 

Notwithstanding the foregoing limitations upon the au- Towns may 
thority of town officers to incur liabilities during the said b"i-'^es*for 
interval, town officers having charge of the maintenance of snow and ^ 
public ways may, with the written approval of a majority of ^'^^ ^^^ 
the board of selectmen and the appropriation, advisory or 
finance committee in towns having such a committee, and in 
other towns with the written approval of the director of ac- 
counts in the department of corporations and taxation, upon 
the request of the selectmen, incur additional liabilities for 
snow and ice removal to an amount not in excess of the 
amount authorized by the said selectmen and the committee 
or director, as the case may be. 

Approved January 21, 1948. 

An Act authorizing the town of milton to raise and Chap. 6 

APPROPRIATE MONEY FOR AND TO PAY A CERTAIN BILL. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton at its annual town meet- 
ing in the current year may raise and appropriate a sum not 
exceeding nine hundred and seventy-eight dollars to pay for 
a chain link fence purchased by its school committee and 
now erected and installed around part of the land occupied 
by the Vose school in Milton, and subject to such appropria- 
tion may pay for said fence notwithstanding non-compliance 



6 Acts, 1948. — Chap. 7. 

with any provision of section twelve of chapter four of the 
general by-laws of said town pertaining to contracts entered 
into by it. 

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

Approved January 21, 1948. 

Chap. 7 An Act authorizing the town of somerset to pay sums 

OF MONEY TO CERTAIN CORPORATIONS AND PERSONS FOR 
WATER MAIN EXTENSIONS AND EQUIPMENT. 

Be it enacted, etc., as follows: 

Section 1. The town of Somerset is hereby authorized to 
appropriate the sum of twenty-two thousand two hundred 
and sixty-two dollars and forty-seven cents and pay the 
same to the following named corporations and persons to 
reimburse them for moneys expended by them for water 
main extensions and hydrants and appliances in or on cer- 
tain public streets and private ways in said town, viz.: — 

1. Riverview Highlands, Inc. : — 

Brayton Avenue and across Fall River -Providence 

Highway $8,936 20 

McArthur Avenue 2,708 00 

Buckner Court 766 00 



Total $12,410 20 

2. A. F. Spinelli, Inc. and/or Phillips Concrete Co., Inc. : — 

Doolittle Court $2,202 87 

Hodges Avenue 2,959 29 

McArthur Avenue 1,412 00 

Halsey Avenue ....... 1,3.54 40 



Total $7,928 56 

3. Francisco Cabeciras: — 

Fourth Street $495 16 

4. Arnold Chace : — 

Ivanhoe Avenue . . . . . . . $313 93 

5. John F. Soares: — 

Brayton Avenue Extension ..... $631 88 

6. Henry Cheetham : — 

Hillside Avenue $235 02 

Roland Avenue 247 72 



Total $482 74 

Provided, that no payments shall be made hereunder unless 
and until said corporations and persons shall have released 
to said town by proper instruments all right, title and interest 
which they have in said works, nor unless and until said town 
shall have received or acquired permanent easements for 
the operation and maintenance of said water main extensions, 
hydrants and appliances in or on the aforesaid private ways 
and streets. 

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

Approved January 21, 1948. 



Acts, 1948. — Chaps. 8, 9. 



An Act authorizing the town of needham to invest fhf,^ o 

CERTAIN FUNDS IN OBLIGATIONS ISSUED BY THE FEDERAL ^' 

GOVERNMENT. 

Be it enacted, etc., as follows: 

Section 1. The town of Needham is hereby authorized to 
invest in obhgations of the United States government the 
sum of five hundred thousand dollars, or any part thereof, 
being the unexpended balance in its treasury of a loan 
obtained by said town under authority of clause three of 
section seven of chapter forty-four of the General Laws; pro- 
vided, that as soon as it shall be possible for the town to pro- 
ceed with the construction of the addition to Glover Memorial 
Hospital authorized by the special town meeting of June 
tenth, nineteen hundred and forty-seven, the town shall dis- 
pose of such obligations and use the proceeds thereof, to- 
gether with any income received from the obligations for the 
purposes specified in the vote authorizing the loan. Obliga- 
tions purchased under this act shall be in the custody of the 
town treasurer, and in case any obligation so purchased 
matures or is called, the proceeds may be reinvested by the 
treasurer, with the approval of the selectmen, in other ob- 
ligations the purchase of which is authorized by this act. 

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

Approved January 22, 1948. 

An Act authorizing the town of whitman to establish nUf,^ q 

A BOARD OF PUBLIC WORKS EXERCISING THE POWERS OF ^' 
CERTAIN OTHER BOARDS, DEPARTMENTS AND TOWN OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. There shall be established in the town of 
Whitman a board of public works, hereinafter called the 
board, to consist of three members. The initial members 
thereof shall be elected at the annual town meeting next fol- 
lowing the date on which this act shall become fully effective, 
as follows : — one to serve for one year, one for two years, and 
one for three years from the date of said annual town meet- 
ing; and thereafter when the term of any member expires, 
his successor shall be elected to serve for three years. In all 
cases, the members shall serve until their successors are 
qualified. Upon the date when this act shall become fully 
effective as provided in section four and pending the election 
of the initial members of the board, the board of selectmen 
shall act as such board of public works with all the powers, 
rights and duties provided in section two. The members of 
the board of public works shall forthwith after each annual 
town election, elect one of their members to act as chairman 
to serve until the next annual town election. Vacancies in 
the board shall be filled for the unexpired term by a joint 
meeting of the board of selectmen and the then remaining 
members of the board of public works. No person shall 



8 Acts, 1948. — Chap. 9. 

serve on the board who holds another elective or appointive 
office in the town. The members of the board shall receive 
such compensation for their services as the town may de- 
termine. 

Section 2. Upon the date when this act becomes fully 
effective the board shall have the powers, rights and duties 
now or from time to time vested by general or special law in 
the following boards, departments, and offices in said town, 
to wit: water commissioners, highway department, includ- 
ing the highway surveyor, park department, moth depart- 
ment, tree warden and town forest committee and such 
boards, departments and offices shall thereupon be abolished. 
In addition, the board is hereby authorized to and shall as- 
sume all powers, rights, duties and liabilities with respect 
to the collection and disposal of garbage in said town. No 
contracts or liabilities in force on the date when this act 
becomes fully effective shall be affected, but the board shall 
in all respects be the lawful successor of the boards, depart- 
ments and offices so abolished. 

Section 3. The board shall appoint a superintendent of 
public works and fix his compensation. He shall be a compe- 
tent civil engineer, being especially fitted by training and 
experience to perform the duties of said office. He may or 
may not be a resident of the town. The board of selectmen 
acting as a board of public works as provided in section one, 
may appoint and remove a temporary superintendent of 
public works to serve until the election of the board of public 
works and may fix his compensation. The appointment of 
such temporary superintendent shall in no way be binding 
on the board of public works. The temporary superintendent 
so appointed need not possess the qualifications required 
hereunder in case of the appointment of a superintendent by 
the board of public works. The superintendent shall exercise 
and perform under the supervision and direction of the board, 
such of the powers, rights and duties transferred to it under 
section two as it may from time to time designate. The 
superintendent shall be responsible for the efficient exercise 
and performance of such powers, rights and duties. The 
board by a majority vote may at any time remove the 
superintendent for cause after a hearing or an opportunity 
therefor provided that a written statement setting forth 
specific reasons for such removal is filed with the town clerk 
and a copy thereof delivered to or sent by registered mail to 
said superintendent at least five daj^s before the date of said 
proposed hearing. The action of the board shall be final. 
No member of the board shall be eligible for appointment as 
such superintendent of public works. During his tenure, the 
superintendent shall hold no elective or other appointive 
office, nor shall he be engaged in any other business or occu- 
pation. The superintendent shall, subject to the approval 
of the board, appoint such assistants, agents and employees 
as the exercise and performance of his powers, rights and 
duties may require and may remove them, subject to the ap- 



Acts, 1948. — Chap. 10. 

proval of the board. He shall keep full and complete records 
of the doings of his office and render to the board as often 
as it may require a full report of all operations under his 
control during the period reported upon; and annually and 
from time to time as required by the board, he shall make a 
synopsis of such reports for publication. He shall keep the 
board fully advised as to the needs of the town within the 
scope of his duties and shall annually furnish to the board 
not later than the first day of December of each year a care- 
fully prepared and detailed estimate in writing of the appro- 
priation required during the next succeeding fiscal year for 
the proper exercise and performance of all said powers, 
rights and duties. The superintendent, as the board may 
direct, may undertake such engineering services as the town 
may need in departments other than those mentioned in 
section two. 

Section 4. This act shall be submitted for acceptance to 
the legal voters of said town at the annual town election in 
the year nineteen hundred and forty-eight, in the form of 
the following question which shall be placed on the official 
ballot to be used for the election of town officers at said elec- 
tion: "Shall an Act passed by the General Court in the year 
nmeteen hundred and forty-eight, entitled 'An Act au- 
thorizing the Town of Whitman to establish a Board of 
Public Works exercising the powers of certain other boards, 
departments and town officers' be accepted?" If a majority 
of votes cast in answer to such question are in the affirmative, 
this act shall become fully effective on the first day of January, 
nineteen hundred and forty-nine. If, at the annual town 
election held in the year nineteen hundred and forty-eight, a 
majority of votes cast in answer to such question is not in the 
affirmative, then upon the receipt of a petition duly signed 
by not less than one hundred registered voters of the town 
requesting submission to the voters in a subsequent year, 
but not later than nineteen hundred and fifty, the board 
of selectmen shall thereupon cause to be placed on the 
official ballot at the next annual town election following the 
timely receipt of said petition, the question pertaining to the 
acceptance of this act as provided in this section, and if a ma- 
jority of the votes cast in answer to such question are in the 
affirmative, this act shall become effective on the first day of 
January following. If this act is not accepted as provided in 
this section, it shall thereupon become null and void. 

Approved January 22, IBIfS. 



An Act authorizing the borrowing of additional funds QJiaj) 10 

BY THE BYFIELD WATER DISTRICT IN THE TOWN OF NEWBURY. 

Be it enacted, etc., as follows: 

Section 4 of chapter 419 of the acts of 1947 is hereby 
amended by striking out, in line 5, the word "seventy-six" 
and inserting in place thereof the words: — one hundred and 



10 



Acts, 1948. — Chaps. 11, 12. 



twenty-five, — so as to read as follows: — Section 4- For 
the purpose of paying the necessary expenses and liabilities 
incurred under the provisions of this act, other than expenses 
of maintenance and operation, the district may borrow from 
time to time such sums as may be necessary, not exceeding, 
in the aggregate, one hundred and twenty-five thousand dol- 
lars, and may issue bonds or notes therefor, which shall bear 
on their face the words, Byfield 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. Indebtedness incurred under this 
act shall be subject to the provisions of chapter forty-four 
of the General Laws pertaining to such districts. 

Approved January 22, 1948. 



G. L. (Ter. 
Ed.). 140, 
§ 151, etc., 
amended. 



Dog officers, 
fees. 



Chap. 11 An Act increasing the fee of dog officers for killing 

UNLICENSED DOGS AND FOR THE CARE OF CONFINED UN- 
LICENSED DOGS. 

Be it enacted, etc., as follows: 

Section 1. Section 151 of chapter 140 of the General 
Laws, as most recently amended by section 13 of chapter 320 
of the acts of 1934, is hereby further amended by striking 
out the fifth sentence and inserting in place thereof the fol- 
lowing sentence : — Dog officers, other than those employed 
under regular pay, shall receive from the treasurers of their 
respective cities and towns two dollars for each dog killed, as 
provided in section one hundred and fifty-one A, in full 
compensation for their services. 

Section 2. Section 151A of said chapter 140, inserted by 
section 14 of said chapter 320, is hereby amended by striking 
out the last sentence and inserting in place thereof the follow- 
ing sentence : — A dog officer having custody of a confined 
dog shall be allowed the sum of seventy-five cents per day 
for the care of such dog, payable by the owner or keeper 
thereof, if known, otherwise from the dog fund. 

Approved January 23, 1948. 



G. L. (Ter. 
Ed.), 140, 
§ 151A, etc., 
amended. 

Dog officers, 
fees. 



Chap. 



Emergency 
preamble. 



12 An Act authorizing certain counties to make certain 
expenditures in anticipation of the county appro- 
PRIATION ACT FOR THE CURRENT YEAR, FOR THE PURPOSE 
OF PUTTING INTO EFFECT A FORTY HOUR WEEK FOR COUNTY 
EMPLOYEES AND EMPLOYEES OF THE HOSPITAL DISTRICTS, 
AND THE LONGEVITY PROGRAM, SO CALLED. 

Whereas, The deferred operation of this act would result 
in unnecessarily delaying the effecting of certain necessary 
changes in the hours of employment and the rates of pay of 
county employees and employees of hospital districts, there- 
fore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 



Acts, 1948. — Chaps. 13, 14. 11 

Be it enacted, etc., as follows: 

Notwithstanding any provisions of general or special law, 
the county commissioners of all counties, except Suffolk and 
Nantucket, may, on and after January first in the current 
year, expend from any money in hand such sums as may be 
necessary to put into effect a forty hour week, so called, for 
county employees and employees of hospital districts and 
the longevity program, so called ; and any money so expended 
shall be included in the estimates of expenditures submitted 
to the general court in anticipation of the county appro- 
priation act for the current year. 

Approved January 26, 1948. 



Chap. 13 



Ax Act authorizing certain counties to make certain 

EXPENDITURES IN ANTICIPATION OF THE COUNTY APPRO- 
PRIATION ACT FOR THE CURRENT YEAR FOR THE PURPOSE 
OF EFFECTING ADJUSTMENTS IN SALARY RATES OF CERTAIN 
ELECTED COUNTY OFFICIALS AND THEIR ASSISTANTS. 

Whereas, The deferred operation of this act would result Emergency 
in unnecessarily delaying the effecting of adjustments of ^''^^^ ^' 
salary rates of certain elected county officials and their 
assistants, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section thirty-four of 
chapter thirty-five of the General Laws, the county commis- 
sioners of all counties, except Suffolk and Nantucket, may, 
on and after January first in the current year, expend from 
any money in hand such sums as may be necessary to effect 
adjustments in the salary rates of certain elected county 
officials and the assistants thereof whose offices are expressly 
established by law, and any money so expended shall be 
included in the estimates of expenditures submitted to the 
general court in anticipation of the county appropriation act 
for the current year. Approved January 26, 1948. 

An Act authorizing the town of Winchester to sell Chap. 14 

CERTAIN LAND HELD BY IT FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Winchester is hereby authorized 
to sell and convey a certain parcel of land held by it for park 
purposes and no longer needed for park purposes; the land 
being a triangular parcel of land situated in said Winchester 
bounded southeasterly by other land of the town of Win- 
chester 638 feet more or less ; southwesterly by land of Bos- 
ton and Maine Railroad, Woburn Branch, 180 feet; and 
northwesterly by land of I3eggs and Cobb 530.99 feet. Con- 
taining 43,000 square feet more or less; be all of said measure- 
ments more or less, and being the same parcel which is 



12 



Acts, 1948. — Chap. 15. 



marked "43,000 square feet" on a "Plan of Land, Town of 
Winchester — Beggs and Cobb, Swanton Street, Winchester, 
Mass., November, 1947, Parker Holbrook, Town Engineer." 
Section 2. This act shall take full effect upon its accept- 
ance by a majority of the town meeting members of the town 
of W^inchester present and voting thereon at a meeting called 
for the purpose. Approved January 27, 1948. 



Chap. 15 An Act further regulating the payment of compen- 
sation TO former public employees w^ho have been 
retired, and relative to the termination of elec- 
tive office held by members of contributory retire- 
ment systems. 



Emergency 
preamble. 



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



Member hold- 
ing office by 
popular 

election. 



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

Pensioners 
not to be 
paid for 
services. 



Whereas, There is serious doubt as to the proper interpre- 
tation of the law relative to certain vacancies in town offices 
to be filled at the forthcoming town elections, this act is 
necessary to insure the orderly conduct of such elections, 
therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (d) of subdivision (1) of section 
5 of chapter 32 of the General Laws, as most recently 
amended by section 5 of chapter 660 of the acts of 1947, 
is hereby further amended by striking out, in lines 15 and 16, 
as appearing in section 1 of chapter 658 of the acts of 1945, 
the words "election and qualification of his successor at the", 
— so as to read as follows : — (d) Any member holding office 
by popular election at the time of attaining the maximum 
age for his group, whether or not he is then entitled to a 
superannuation retirement allowance, may continue to serve 
in such office after attaining such maximum age but only 
until the next regular election ; provided, that no deductions 
shall be made from his regular compensation after he has 
attained such maximum age and when eligible for retirement 
he shall receive a superannuation retirement allowance equal 
to that to which he would have been entitled if retired at the 
maximum age for his group. Nothing contained in this 
paragraph shall prevent any member from holding an office 
to which he is elected by popular vote after attaining the 
maximum age for his group. 

Section 2. Section 91 of said chapter 32, as most re- 
cently amended by chapter 462 of the acts of 1947, is hereby 
further amended by striking out the first sentence and in- 
serting in place thereof the following : — No person while 
receiving a pension or retirement allowance from the com- 
monwealth or from any county, city or town, shall, after 
the date of his retirement be paid for any service rendered 
to the commonwealth or any county, city, town or district, 
except upon his return and restoration to active service as 
ordered by the appropriate retirement board after re-exami- 
nation in case of retirement for disabilitj^, for jury service. 



Acts, 1948. — Chap. 16. 13 

or for service rendered in an emergency under section sixty- 
eight, sixty-nine or eighty-three, or for service in a public 
office to which he has thereafter been elected by direct vote 
of the people, or for service as a member of the executive 
council after having been chosen or appointed under the pro- 
visions of Article XXV of the Amendments to the Constitu- 
tion of the commonwealth, or for service in a confidential 
capacity under section seven of chapter thirty in the execu- 
tive department, or in the department of the state secretary, 
the state treasurer, the state auditor or the attorney general ; 
pro\dded, that there shall be deducted from the compensa- 
tion for the services of any person employed in a confidential 
capacity as aforesaid an amount equal to the retirement 
allowance or pension received by him. 

Section 3. Chapter 50 of the General Laws, as appear- g. l. (Xer. 
ing in the Tercentenary Edition, is hereby amended by mw'§^6a, 
inserting after section 6 the following section: — Section 6 A. added. 
If an elected state, city, or town officer is to be retired on or Fiuing of 

11-1 r • vacancy 

before the next regular election by reason of superannuation caused by 
before the completion of the term of office to which he was efelfted'^'^* °^ 
elected, thereby causing a vacancy in said office, such va- "f'u^ated 
cancy shall be ffiled at said regular election as provided by 
law for such office. 

The retiring authority shall notify the county commis- 
sioners, mayor and aldermen in cities, or the selectmen in 
towns, as the case may be, of the impending retirement of 
such elected officer at least six months preceding the next 
state, city, or town election, as the case may be. 

jipproved January 29, 1948. 



An Act to enable the old south society, in boston to (Jhnnj 16 
ADD TO its membership PERSONS WHO ARE NOT PROPRIE- ^' 

TORS OF PEWS. 

Be it enacted, etc., as follows: 

Section 1. The members of the rehgious society now hav- 
ing the corporate name of Old South Society, in Boston, in- 
corporated by chapter two hundred and twenty-nine of the 
acts of eighteen hundred and forty-five under the name of 
Old South Church, in Boston which name was changed to 
Old South Society, in Boston by chapter eighty-eight of the 
acts of eighteen hundred and fifty-nine, shall after the effec- 
tive date of this act include, in addition to proprietors of 
pews in the Old South Meeting-house in Boston, such other 
persons as the members for the time being of the said Old 
South Society, in Boston shall from time to time elect to 
membership for such term and subject to such conditions as 
the by-laws of said society shall prescribe. The corporation 
as so constituted shall have all the powers and privileges and 
shall be subject to all the duties, liabilities and restrictions 
contained in the act of incorporation as heretofore amended. 

Section 2. This act shall take full effect on its accept- 
ance by vote of the said Old South Society, in Boston at its 



14 Acts, 1948. — Chaps. 17, 18. 

annual meeting or at any other meeting called for the pur- 
pose and held before January first, nineteen hundred and 
forty-nine, and the filing with the state secretary of a certified 
cop3' of said vote, but not otherwise. 

Approved February 2, 1948. 



CJiav. 17 An Act authorizing and directing the metropolitan 

DISTRICT COMMISSION TO ALLOW^ THE CITY OF CHELSEA TO 
dedicate a CERTAm TRAFFIC CIRCLE IN SAID CITY AS THE 
MANUEL J. WEINER TRAFFIC CIRCLE. 

Be it enacted, etc., as follows: 

The metropolitan district commission is hereby authorized 
and directed to allow the city of Chelsea to dedicate the 
rotary traffic circle situated at the intersection of Webster 
and Garfield avenues and the Revere Beach parkway in said 
city as the Manuel J. Weiner Traffic Circle in memory of 
Manuel J. Weiner, a deceased veteran of World War II, 
and to place at said circle a suitable tablet or marker bearing 
said designation. 

Approved February 2, 1948. 

Chap. 18 An Act increasing the amount that may be borrowed 

AND expended IN PROVIDING FOR ADDITIONAL TOILETS 
AND FOR A SEWAGE DISPOSAL SYSTEM FOR THE WALDEN 
POND STATE RESERVATION. 

Be it enacted, etc., as follows: 

Section 1. Chapter 389 of the acts of 1947 is hereby 
amended by striking out section 2 and inserting in place 
thereof the following two sections : — Section 2. For the 
purpose of meeting the expenses authorized under section 
one, the county treasurer of said county, with the approval 
of the county commissioners, may borrow from time to time 
upon the credit of the county such sums as may be neces- 
sary, but not exceeding, in the aggregate, one hundred thou- 
sand dollars, and may issue temporary notes of the county 
therefor, payable in not more than one year from their date 
or dates of issue. 

Section 2 A. Upon completion of the project herein au- 
thorized, the county treasurer shall, with the approval of 
the county commissioners, issue bonds or notes of the county, 
in a total amount not to exceed one hundred thousand dol- 
lars, which shall bear on their face the words Walden Pond 
State Reservation Loan, Acts of 1947; and such bonds or 
notes shall be payable in not more than five years from their 
dates of issue. Such bonds or notes shall be signed by the 
treasurer of said county and countersigned by a majority of 
the county commissioners. The county may sell the said 
securities at public or private sale upon such terms and 
conditions as the county commissioners may deem proper, 
but not for less than their par value. Receipts from the sale 



Acts, 1948. — Chaps. 19, 20. 15 

of such bonds or notes shall be applied to the payment of 
costs of construction and to the payment of any temporary 
loans authorized under section two, or to either of such 
purposes. Indebtedness incurred under this act shall, except 
as herein provided, be subject to chapter thirty-five of the 
General Laws. 

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

Approved February 2, 1948. 

An Act relative to the verification by banks of the rhn^ lo 

DEPOSIT BOOKS OF THEIR DEPOSITORS OR SHAREHOLDERS ^' 

DURING A CERTAIN PERIOD. 

Be it enacted, etc., as follows: 

Section 1. The provisions of any law authorizing a bank, 
as defined in section one of chapter one hundred and sixty- 
seven of the General Laws, as amended, to verify the deposit 
or pass books of its depositors or shareholders, are hereby 
suspended and shall have no force or effect during the effec- 
tive period of this act. During said period any such bank, 
when so directed by the commissioner of banks, shall call 
in the deposit or pass books of its depositors or shareholders 
and said books shall be verified in the manner and to the 
extent prescribed by said commissioner. 

Section 2. Chapter 30 of the acts of 1943 is hereby 
repealed. 

Section 3. Section one of this act shall cease to be opera- 
tive on July first, nineteen hundred and fifty. 

Approved February 2, 1948. 

An Act providing for the establishment of special Ohnj) 20 

GUARANTY FUNDS IN THE INCORPORATION OF SAVINGS 
BANKS. 

Be it enacted, etc., as follows: 

Section 8 of chapter 168 of the General Laws, as appearing o. l. (Ter. 
in the Tercentenary Edition, is hereby amended by adding ^^enie^d ' ^ ^' 
at the end the following: — Said board may require the publication 
subscribers to establish, or provide for the establishment of, shaii include 
a special guaranty fund, in such amount as the board may special °guar- 
determine, and in such event shall issue regulations govern- ^"*^ ^""'^• 
ing the maintenance and withdrawal of said fund, which 
shall be paid in, in full, to the corporation before it com- 
mences business. Notice that such a special guaranty fund 
will be maintained, and of the amount thereof, shall be in- 
cluded in the publication required by this section. 

Approved February 2, 1948. 



16 



Acts, 1948. — Chaps. 21, 22. 



G. L. (Ter. 
Ed.), 30. 
§ 42, etc., 
amended. 



Disposal of 
duplicate 
and obsolete 
documents, 
etc. 



Chap. 21 An Act relative to disposal of certain vouchers paid 

BY the commonwealth. 

Be it enacted, etc., as follows: 

Section 42 of chapter 30 of the General Laws, as most 
recently amended by section 1 of chapter 450 of the acts of 
1941, is hereby further amended by striking out, in line 14, 
the word "twenty" and inserting in place thereof the word: 
— ten, — so as to read as follows: — Section If.2. The state 
librarian or a person in his department designated by him, 
an assistant attorney general designated by the attorney 
general, and the chairman of the commission on adminis- 
tration and finance or a person in his department designated 
by him, acting as a board, after consultation with the chair- 
man of any board or commission or the head of any depart- 
ment or institution which may be interested, may, either 
of their own motion or upon the request of said chairman or 
head, sell any duplicate volumes or documents, the property 
of the commonwealth, which are held in the state library or 
any other department, and sell or destroy, from time to time, 
obsolete or worthless records, books and documents, and sell 
or destroy vouchers after the expiration of ten years from the 
date of payment thereof, and destroy books and papers of 
insolvent insurance companies deposited with the commis- 
sioner of insurance under section one hundred and seventy- 
eight of chapter one hundred and seventy-five, after the ex- 
piration of six years from the date of such deposit. At least 
thirty days before selling or destroying any such records, 
books, vouchers or documents, the board shall publish in a 
daily newspaper in Boston a notice of its intention so to do, 
containing a brief description or summary of the articles to 
be sold or destroyed, and it shall give such other and further 
notice as it deems advisable to historical societies or persons 
interested in the matter. It may, and upon petition of 
twenty-five or more citizens of the commonwealth shall, 
before selling or destroying any particular records, books, 
vouchers or documents, give a public hearing to all persons 
interested, and ten days' notice of such hearing shall be given 
in a daily newspaper published in Boston. Any money re- 
ceived from sales under this section shall be paid to the com- 
monwealth. Approved February 2, 19j^8. 



Chap, 22 An Act changing the date for the holding of biennial 
municipal elections in the city of woburn. 

Be it enacted, etc., as follows: 

Section 1. Chapter 194 of the acts of 1928 is hereby 
amended by striking out section 1, as amended by section 1 
of chapter 61 of the acts of 1932, and inserting in place 
thereof the following: — Section 1. Beginning with the first 
Tuesday after the first Monday of November in the year 
nineteen hundred and forty-nine, municipal elections in the 



Acts, 1948. — Chaps. 23, 24, 25. 17 

city of Woburn for the choice of mayor, members of the city 
council and members of the school committee shall be held 
biennially on the first Tuesday after the first Monday of 
November in every odd-numbered year. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 
wise. Approved February 2, 1948. 

An Act regulating membership in ward and town QJiQ/p^ 23 

COMMITTEES. 

Be it enacted, etc., as follows: . 

Section 2 of chapter 52 of the General Laws, as appearing g. l. (Ter. 
in section 1 of chapter 346 of the acts of 1938, is hereby f 2?eu-^; 
amended by adding at the end the following sentence : — amended. 
If any member shall change his residence from the ward or ward and 
town in which he was elected during the said four years, he mutles"'"' 
shall cease to be a member at the end of the calendar year membership, 
during which said residence is changed. 

Approved February 2, 1948. 

An Act relative to voting precincts in the city of Qfiap. 24 

WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The voting precincts existing in the city of 
Worcester on September first in the year nineteen hundred 
and forty-seven shall continue as such until changed under 
the provisions of chapter fifty-four of the General Laws. 

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

Approved February 2, 1948. 

An Act to authorize the state purchasing agent to (Jfidj) 25 

INCUR LIABILITIES IN CONNECTION WITH THE ACQUIREMENT 
OF SURPLUS MATERIAL FROM THE FEDERAL GOVERNMENT. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to enable the state purchasing "^^^^"^ 
agent immediately to purchase certain supphes, including 
material to be disposed of by the federal government as 
surplus, therefore this act is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Chapter 261 of the acts of 1947 is hereby amended by 
striking out section 4 and inserting in place thereof the fol- 
lowing: — 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 and incidental expenses 
for the purchase of supplies, as provided by said section 



18 Acts, 1948. — Chaps. 26, 27. 

fifty-one, including material to be disposed of as surplus, so 
called, by the federal government through agencies of the 
federal government, in an amount not exceeding three hun- 
dred and fifty thousand dollars, in addition to any amount 
heretofore provided for the purpose, and the comptroller 
may certify for payment such incidental expenses and 
liabilities so incurred to an amount not exceeding three hun- 
dred and fifty thousand dollars, in addition to any amount 
heretofore provided for the purpose. 

Approved February 2, 1948. 

Chap. 26 An Act to authorize the town of charlton to borrow 

MONEY FOR THE PURPOSE OF CONSTRUCTING AN ADDITION 
TO THE HIGH SCHOOL, AND FOR THE CONSTRUCTION OF AN 
ELEMENTARY SCHOOL, AND FOR THE EQUIPPING AND FUR- 
NISHING OF SAID SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to the high school, and constructing an elementary school, 
and originally equipping and furnishing said addition and 
new building, the town of Charlton may borrow, from time 
to time, within a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding in the 
aggregate one hundred and thirty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Charlton School Building Loan, Act of 1948. 
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 para- 
graph of section seven thereof. 

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

Approved February 2, 1948 

ChOLJ). 27 An Act authorizing the holding of baseball games on 

THE lord's day ON WALTON FIELD IN THE TOWN OF WAKE- 
FIELD. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section twenty-seven 
of chapter one hundred and thirty-six of the General Laws, 
it shall be lawful to take part in or witness baseball games on 
the Lord's day at the Wakefield high school athletic field, 
known as Walton Field, in the town of Wakefield, provided 
that a license or permit for such games has been issued by 
the licensing authority. Approved February 2, 1948. 



Acts, 1948. — Chaps. 28, 29. 19 



Ax Act providing for revocation of the certificate QJiQq) 9C 
OF registration of any physician guilty of the use of / • "^ 

narcotic drugs in ANY' WAY' OTHER THAN FOR THERA- 
PEUTIC PURPOSES. 

Be it enacted, etc., as follows: 

Section 2 of chapter 112 of the General Laws, as most ej^}?!^- 
recently amended by chapter 365 of the acts of 1946, is § 2', etc.. ' 
hereby further amended by striking out the fifth and sixth '^"''"^^^'^■ 
sentences, as appearing in section 37 of chapter 451 of the 
acts of 1939, and inserting in place thereof the following 
sentences: — The board, after due notice and hearing, may CanceUation 
revoke any certificate issued by it to, and cancel the regis- tLl^lT^'^' 
tration of, any physician convicted of a felony, or any P!^^®'''i^° ^'^'^ 
physician who has been shown at any such hearing to have of ns^cotics! 
been guilty of the use of narcotic drugs in any way other '^^'^' 
than for therapeutic purposes, and may, at any time after 
the expiration of one year thereafter, reissue any certificate 
so revoked, and register anew any physician whose registra- 
tion was so cancelled. The board, after due- notice and 
hearing, may suspend, for a period not exceeding one year, 
any certificate issued by it to, and cancel the registration of, 
any physician who has been shown at such hearing to have 
been guilty of gross and confirmed use of alcohol in any of its 
forms while engaged in the practice of his profession; or of 
abuse of the authority granted in section two hundred and 
nine A of chapter ninety-four; or of publishing or causing to 
be published, or of distributing or causing to be distributed, 
any literature contrary to section twenty-nine of chapter 
two hundred and seventy-two; or of acting as principal or 
assistant in the carrying on of the practice of medicine by 
an unregistered person or by any person convicted of the 
illegal practice of medicine or by any physician whose regis- 
tration has been cancelled, and whose certificate has been 
revoked or suspended, by the board; or of aiding and abetting 
in any attempt to secure registration, either for himself or 
for another, by fraud; or, in connection with his practice, 
of defrauding or attempting to defraud any person. 

Approved February 2, 1948. 

An Act establishing a town manager form of govern- nhnj) 2Q 

MENT FOR THE TOWN OF AMESBURY. "* 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Amesbury, as hereinafter provided, the annual town 
election of said town for the purpose of electing town officers 
and to take action on such matters as are by law to be deter- 
mined by ballot, shall be held on the second Monday in 
March of each year, and the annual meeting for the trans- 
action of all other business shall be held on the first Monday 
of March each year at half past seven o'clock in the evening. 



20 Acts, 1948. — Chap. 29. 

Section 2. Election of Selectmen. — At the first annual 
town meeting following the acceptance of this act, the quali- 
fied voters of the town shall elect by official ballot five select- 
men who shall hold office, two for the term of three years, 
two for the term of two years and one for the term of one 
year, from the annual town meeting at which they are 
elected. At each annual town meeting thereafter there shall 
be elected in the place of each selectman whose term is about 
to expire a selectman, to serve for the term of three years. 
The selectmen elected hereunder shall serve until the quali- 
fication of their respective successors. If a vacancy or va- 
cancies occur in the membership of the selectmen so elected, 
the remaining members shall call a special town meeting to 
fill the vacancy or vacancies for the balance of the unexpired 
term or terms, except that if a vacancy or vacancies occur 
less than three months prior to the date of the annual town 
meeting and not less than three selectmen so elected remain 
in office, the vacancy or vacancies shall remain unfilled until 
such annual town meeting. 

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

Section 4. Election of School Committee. — At the first 
annual town election following the acceptance of this act, 
the registered voters of the town shall elect by ballot six 
members of the school committee; two for a term of one 
year; two for a term of two years, and two for a term of 
three years; and annually thereafter there shall be elected 
two members of the school committee, each for a term of 
three years in the place of the members whose terms are 
about to expire. Members of the school committee elected 
hereunder shall serve until the quahfication of their suc- 
cessors. When a vacancy occurs in the membership of the 
school committee, the remaining members shall give written 
notice thereof to the selectmen, who, with the remaining 
members of the school committee shall, after one week's 
notice, fill such vacancy by ballot. A majority of the ballots 
of the officers entitled to vote shall be necessary to such 
election. The person so appointed or elected shall perform 
the duties of the office until the next annual meeting or until 
another is qualified. Upon the election and qualification of 
the members of the school committee in the year of the an- 
nual town election following the acceptance of this act, the 
terms of office of the members of the then existing committee 
shall terminate. 

Section 5. Powers of School Committee. — Upon the 
election and qualification of the six members of the school 
committee elected as herein provided, all the powers, rights, 
duties and habilities, except as hereinafter provided, now 
or hereafter conferred or imposed by law upon the school 
committee, shall be exercised and performed by the school 
committee elected under the provisions of section four. 



Acts, 1948. — Chap. 29. 21 

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 ineligible 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 col- 
lector. The town manager, subject to any applicable pro- 
vision of law relating thereto, may assume the duties of any 
office which he is authorized to fill by appointment. 

Section 7. Certain Elective Officers to continue. — Except 
as otherwise provided herein, the elective offices already es- 
tablished by law in the town of Amesbury shall not be abol- 
ished or in any way affected by the acceptance of this act. 



TOWN MANAGER. 

Section 8. Appointment of Town Manager. — On the 
first day of January following the acceptance of this act, the 
selectmen shall appoint, 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 the 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 office, 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 
selectmen. 

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 but not later than sixty 
days following such vacancy. Pending the appointment of a 
town manager or the filling of any vacancy, the selectmen may 
appoint a suitable person to perform the duties of the office. 

Section 10. Acting Manager. — The town manager may 
designate, by letter filed with the town clerk, a qualified 
officer 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 resolution, 
designate an officer of the town to perform the duties of the 
manager until he shall return or his disability shall cease. 



22 Acts, 1948. — Chap. 29. 

Section 11. Removal of Manager. — The selectmen, by a 
majority vote of the full membership of the board, may re- 
move 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 hear- 
ing 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 con- 
sideration, the selectmen by a majority vote of the full 
membership of the board may adopt a final resolution of 
removal. In the preliminary resolution, the selectmen may 
suspend tlie 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. 

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 ad- 
dition 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 ad- 
ministration 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. 

(b) The town manager, in accordance with the provisions 
of this act and except as otherwise expressly prohibited by 
the General Laws, may reorganize, consofidate 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- 



Acts, 1948. — Chap. 29. 23 

dred and eight of chapter forty-one of the General Laws, 
but subject to all applicable pro\isions of chapter thirty- 
one of the General Laws, the town manager shall fix the 
compensation 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 ad- 
vised 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. 

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

(i) 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 super- 
vision only upon requisition duly signed by the head of any 
such department. 

0') 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 ap- 
plicable to said town, all by-laws and all regulations es- 
tablished 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 counsel 
•whenever in his judgment it may be necessary. 

(l) 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 estabfished 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 park com- 



24 Acts, 1948. — Chap. 29. 

missioners. The board established hereunder shall consist 
of five members who shall be appointed by the town manager. 
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 suc- 
cessor shall be appointed by the town manager for a term 
of five 3^ears. 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 and board of 
survey shall terminate. 

Section 16. Ap-pointment 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 
board of pubhc welfare, the vacancy shall be filled forthwith 
by the town manager for the unexpired term. Upon the ap- 
pointment and qualification of the members of the board 
of pubhc 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 
welfare 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 con- 
ferred 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 bj^ 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 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 there- 
after there shall be appointed by the town manager, a mem- 
ber 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 unexpired term. Upon the appointment and qualifica- 
tion 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 



Acts, 1948. — Chap. 29. 

rights and be subject to all the duties and liabilities con- 
ferred or imposed by law upon boards of health 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. The town manager may appoint an agent of the 
board of health who may be a member of said board and who 
shall possess all the powers and liabilities conferred or im- 
posed by law upon agents of boards of health in towns, but 
in the performance of his duties he shall be subject to the 
general supervision and direction of the town manager. 

Section 18. A'p-pointment of Board of Park Commissioners. 
— The town manager shall appoint a board of park commis- 
sioners 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 
board of park 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 park commissioners as provided in this section 
the terms of office of the members of the then existing board 
of park commissioners of the town shall terminate. The 
board of park commissioners appointed hereunder shall or- 
ganize for the proper conduct of their duties and shall possess 
all the powers and rights and be subject to all the duties 
and Habilities conferred or imposed by law upon the boards 
of park 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 19. Appointment of Board of Cemetery Commis- 
sioners. — The town manager shall appoint a board of 
cemetery 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 qualifica- 
tion of the members of the board of cemetery commissioners 
as provided in this section the terms of office of the members 
of Jhe then existing board of cemetery commissioners of the 



26 Acts, 1948. — Chap. 29. 

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 habilities 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 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 qualified. If for any reason a 
vacancy occurs in the membership of the board of fire en- 
gineers, 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 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 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 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 ap- 
pointed 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 qualification of assessors 
as provided in this section the terms of office of the mem- 
bers of the then existing board of assessors of the town shall 
terminate. The assessors appointed hereunder shall or- 
ganize 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 



Acts, 1948. — Chap. 29. 27 

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 ap- 
point 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, per- 
form the duties and be subject to the liabilities and penalties 
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 be subject to the general 
supervision and direction of the town manager in the per- 
formance of his duties. 

Section 23. Toum 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 elec- 
tive 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 con- 
ferred or imposed by law upon town treasurers but in the 
conduct of his office shall be subject to the general super- 
vision and direction of the town manager. Whenever it shall 
be necessary to execute any deed conveying land, or any other 
instrument required 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. Toion Collector. — The town manager shall 
appoint a suitably qualified person to the office of town col- 
lector. The existing elective office of collector of taxes shall 
be continued until the person appointed to said office of town 
collector shall have qualified, at which time the elective office 
of collector of taxes shall terminate. The collector shall have 
the powers, perform the duties and be subject to the liabilities 
and penalties now or hereafter conferred or imposed by law 
upon town collectors except that in the performance 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 pro- 
.visions of chapter thirty-one of the General Laws if ap- 
plicable, but otherwise subject to removal by the town mana- 
ger as provided herein. Except as otherwise provided in this 



28 Acts, 1948. — Chap. 29. 

act, the town accountant shall have the powers, perform the 
duties and be subject to the liabilities and penalties now or 
hereafter conferred or imposed by law upon town account- 
ants 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 perform- 
ance of his duties by the town clerk or by a justice of the 
peace. 

Section 26. Department of Public Works. — There shall 
be established a department of public works as herein pro- 
vided. The town manager shall appoint a suitably qualified 
person to the office of superintendent of public works who 
may be removed by the town manager, for cause, as provided 
in section thirteen. The superintendent of public works 
appointed hereunder shall possess all the powers and rights 
and be subject to all the duties and liabihties now or here- 
after conferred by law, general or special, upon the water 
commissioners of the town and upon sewer commissioners, 
highway surveyors and tree wardens of towns, but in the 
performance of his duties he shall be subject to the general 
supervision and direction of the town manager. He shall be 
sworn to the faithful performance of his duties by the town 
clerk or by a justice of the peace. Upon the appointment and 
qualification of the superintendent of public works as pro- 
vided in this section, the terms of office of the then existing 
water and sewer commissioners, highway surveyor and tree 
warden of the town shall terminate. The town manager 
shall estabhsh such divisions and subordinate offices within the 
department of public works as he deems necessary and shall 
prescribe the powers, rights, duties and liabilities of the same. 
Section 27. Board of Hospital Trustees. — The town 
manager shall appoint a board of trustees of the Amesbury 
Hospital to consist of five suitably qualified persons who shall 
be appointed for terms of such length and so arranged that the 
term of at least one member shall 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 of hospital trustees 
as provided in this section the terms of office of the members 
of the then existing board of hospital trustees of the town 
shall terminate. The board of hospital trustees 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 now or hereafter conferred or 
imposed by any general or special law upon the board of 
hospital trustees of the town, 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. 



Acts, 1948. — Chap. 29. 29 

i.EGAL AFFAIRii. 

Section 28. Appointment of Town Counsel. — The town 
manager shall annually appoint an attorney-at-law, who shall 
be a resident of the town, 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 submitted 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 capacity, 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 
fort3'-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 pay- 
ment 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. Tnvest-igdtion 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 vaUdity, excessive in amount, or otherwise contrary 
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 investigation and 
determination by the selectmen, payment shall be withheld. 

Section 31. Receipts paid to Treasury. — Every officer 
shall pa}' 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 ac- 
cordance with the provisions of this act and all fees received 
in accordance with the provisions of any general or special 
law shall be paid into the treasury of the town. 



30 Acts, 1948. — Chap. 29. 

Section 33. Certain Town Officers^ not to make Contracts 
with the Town. — It shall be unlawfuffor any selectman, the 
town manager, any member of the school committee, any 
trustee of the public 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 selectmen 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 contract 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 punished by a 
fine of not more than one thousand dollars, or by imprison- 
ment for not more than one year, or both. 

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 
raised by taxation to defray all expenses and lialDilities 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 possession 
and submit to him in writing a detailed estimate of the ap- 
propriations 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 



Acts, 1948. — Chap. 29. 31 

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 shall be eligible to serve on said committee. 
The moderator elected at the first town election following 
the acceptance of this act shall forthwith appoint three mem- 
bers 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 
moderator shall appoint three members of said committee 
for terms of three years. The terms of office of said mem- 
bers 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 with- 
out pay. It shall cause to be kept a true record of its pro- 
ceedings. Upon the appointment and qualification of a 
finance committee as provided herein the terms of office of all 
members of the then existing committee shall terminate. 

Section 37. Ayyointments 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 vacancy originally occurred. 

Section 38. Consideration of Town Warrant. — All 
articles in any warrant for a town meeting except articles 
providing for election of town officers 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. 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 fourteen days prior to said meeting and the town clerk 
shall forthwith cause said report to be printed and a copy 



32 Acts, 1948. — Chap. 29. 

thereof to be distributed prior to said meeting to each 
registered voter attending said meeting. 

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 re- 
quirements for the ensuing year as set forth in the budget 
submitted 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 dis- 
charge of its duty, said finance 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 
treasury. Officers, boards and committees of the town shall, 
upon request, furnish said committee with facts, figures 
and any other information pertaining to their several activi- 
ties. 

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. 

Section 42. Submission of Act and Time of Taking 
Effect. — This act shall be submitted to the qualified voters 
of the town of Amesbury for acceptance at the annual election 
to be held on the second Monday in March, nineteen hundred 
and forty-eight. The vote shall be taken by ballot in answer 
to the following question which shall be printed on the 
official ballot: "Shall an act passed by the general court in 
the year nineteen hundred and forty-eight entitled 'An act 
establishing a town manager form of government for the 
town of Amesbury' be accepted?" If this act shall be so 
accepted by a majority of the qualified voters voting thereon, 
it shall take effect on the following first day of January for 
the purpose of the appointment by the selectmen as herein 
provided of the town manager. All budgets and estimates 
of appropriations required for the ensuing fiscal year pre- 
pared by heads of departments under his control prior to the 
annual town meeting shall be subject to the supervision and 
approval of the town manager. Upon acceptance by a 
majority of the qualified voters as herein provided, this act 
shall also take effect for the purposes of the annual meeting 
for the year following its acceptance and for all things that 
pertain to said election, and shall take full effect upon the 
election and qualification of the selectmen, except as herein 
provided. Appointees of the officers and boards abolished 
and consolidated by this act shall continue to draw com- 
pensation at the same rate and to exercise like powers, au- 



Acts, 1948. — Chap. 29. 33 

thority and jurisdiction as theretofore until other provision 
is made. 

If this act is rejected by the quaUfied voters of the town 
of Amesbur}^ when first submitted to said voters under this 
section, it shall be submitted for acceptance in like manner 
to such voters at the annual town election in said town in 
the year nineteen hundred and forty-nine, and, if accepted 
by a majorit}^ of such voters voting thereon at said election, 
shall take effect as hereinbefore provided. 

Section 43. Duties of Certain Toivn 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 by the provisions of this 
act, when this act is accepted bj^ the qualified voters as 
herein provided, to comply with all the requirements of this 
act 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 44. Ily-laws, Rules, etc. — All law, by-laws, rules 
and regulations in force in the town of Amesbury when this 
act takes effect, not inconsistent with its provisions, whether 
enacted by authority of the town or any other authority, shall 
continue in full force and effect until otherwise provided by 
law, by-law or vote; all other laws, by-laws, rules and regula- 
tions, so far as they refer to the town of Amesbury, are hereby 
repealed and annulled, but such repeal shall not revive any 
pre-existing enactment. 

Section 45. Revocation of Acceptance. — At any time 
after the expiration of four years and within six years from 
the date on which this act is accepted, and not less than 
ninety days before the date of an annual meeting, a petition, 
signed by not less than twenty per cent of the registered 
voters of the town, may be filed with the selectmen, request- 
ing that the question of revoking the acceptance of this act 
be submitted to the voters. Thereupon the selectmen shall 
call a town meeting to be held at a date not later than forty- 
five days after the filing of the petition, but not between the 
first day of June and the first Tuesday of September, both 
dates inclusive. At such meeting the vote shall be taken in 
answer to the following question which shall be printed on 
the official ballot: "Shall the acceptance by the town of 
Amesbury of an act passed by the general court in the year 
nineteen hundred and forty-eight, entitled 'An Act es- 
tablishing a town manager form of government for the town 
of Amesbury' be revoked?" If such revocation is favored 
by a majority of the voters voting thereon by ballot, the 
acceptance of this act shall be revoked and this act shall 
become null and void beginning with the annual town meet- 
ing next following such vote, which meeting shall be held 
at such time, in conformity with general law, as may be 
determined by vote of the town; provided, that all town 
officers holding office under this act shall continue to hold 
office until their successors have been duly qualified. At the 



34 Acts, 1948. — Chaps. 30, 31. 

first annual town election following such vote of revocation 
the registered voters of the town shall elect by ballot all 
elective officers and boards whose election to office was re- 
quired prior to the acceptance of this act and the terms of 
office shall be so arranged that there shall be elected annually 
thereafter such officers as were elected annually prior to the 
acceptance of this act. 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 when this act 
is revoked, to comply with all the requirements of this section 
relating to elections, to the end that all things may be done 
necessary for the nomination and election of the officers re- 
quired to be elected following the revocation of this act. 
The said revocation shall not affect any contract then exist- 
ing or any action at law or suit in equity or other proceeding 
then pending, with the exception of any contract made by 
the town with the town manager then in office, whose office 
shall be abolished at the time of the annual town meeting 
next following such vote of revocation and who shall receive 
compensation in full to such date. Any special laws relative 
to said town which are repealed by this act shall be revived 
by such revocation. Any by-law in force when such revo- 
cation takes effect, so far as consistent with general laws 
respecting town government and town officers and with said 
special laws, shall not be affected thereby. 

Approved February 2, 1948. 

Chap. 30 An Act authorizing the town of Plymouth to pay a 

CERTAIN SUM OF MONEY TO FRANK WETHERS. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth is hereby authorized 
to appropriate the sum of three hundred and eighty-six 
dollars and twelve cents and to pay the same to Frank 
Wethers, in full settlement of his claim against said town 
for damage to his property caused by a recent fire at the 
South Pond road dump in said town. 

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

Approved February 5, 194S. 

Chap. 31 An Act enabling the town of milton to sell and convey 

A portion of certain land in east MILTON ACQUIRED BY 
IT IN PART FOR PLAYGROUND PURPOSES AND IN PART FOR 
SCHOOL OR OTHER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may sell, at public 
auction or private sale, and convey, the whole or any part 
of a certain parcel of real estate situated in said town and 
acquired in part for playground purposes and in part for 
school or other purposes, which is no longer needed for public 
use, and shall use the proceeds of such sale for the purposes 



Acts, 1948. — Chap. 32. 35 

stated in section sixty-three of chapter forty-four of the 
General Laws. Said parcel of real estate is shown as parcel 
"A", containing twenty-seven thousand eight hundred and 
eighty-seven square feet, on a plan entitled "Town of Mil- 
ton, Plan Showing Land Proposed to Be Acquired by the 
Town of Milton — also — Land Proposed to Be Transferred 
to the Roman Catholic Archbishop of Boston, July — 1947, 
Forrest J. Maynard, Town Engineer.", and is bounded and 
described as follows : — Beginning at a stone bound in the 
southeasterly Hne of the old "East Milton School House 
Lot" in the northeasterly side line of Adams Street at land 
of the Roman Catholic Archbishop of Boston; thence run- 
ning northwesterly on said Adams Street eighty-one and 
forty-five one-hundredths feet to a stone pier; thence 
running northeasterly along a stone wall bounded by land 
of the said Roman Catholic Archbishop of Boston two hun- 
dred and seventy-five feet to a point at lot "B " on said plan; 
thence running northeasterly by other land of the town of 
Milton one hundred and six feet to a point at the south 
corner of lot " C " on said plan ; thence running southeasterly 
by land of the said Roman Catholic Archbishop of Boston 
forty-six and seventy-six one-hundredths feet to a point; 
thence running southeasterly and southwesterly on a curved 
line by land of said Roman Catholic Archbishop of Boston 
one hundred and twenty-eight and twenty-one one-hun- 
dredths feet to a point as shown on said plan ; thence running 
southwesterly by land of the said Roman Catholic Arch- 
bishop of Boston two hundred and fifty feet to the point of 
beginning at said Adams Street. Said sale and conveyance 
shall be subject to an easement of the town of Milton for 
sewer and drain purposes over a strip of land ten feet wide 
shown on said plan. 

Section 2. Action hereunder may be taken by said town 
at the annual town meeting to be held in the current year, 
but not thereafter, except so far as is necessary to carry out 
the provisions of any vote passed at said meeting or to use 
as aforesaid the proceeds of said sale. 

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

Approved February 6, 1948. 



An Act to authorize the placing of all positions in the Qfidj) 32 

LABOR service OF THE TOWN OF NAHANT UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. All positions in the labor service of the town 
of Nahant shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to the labor service in towns, and the tenure of office 
of persons in the labor service of said town shall be un- 
limited, subject, however, to said laws; but the persons in 
such service on said effective date may continue to serve as 
such. 



36 Acts, 1948. — Chap. 33. 

Section 2. This act shall be submitted for acceptance to 
the voters of said town at the annual town meeting in the 
current year, or at any subsequent annual town meeting, in 
the form of the following question which shall be placed upon 
the official ballot to be used for the election of town officers: — 
"Shall an act passed by the general court in the year nine- 
teen hundred and forty-eight, entitled, 'An Act to authorize 
the placing of all positions in the labor service of the town 
of Nahant under the civil service laws', be accepted?" If a 
majority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon take full effect, 
but not otherwise. Approved February 6, 1948. 



Char). 33 -^^ ^^'^ authorizing the town of Yarmouth to receive 

AND administer THE PROPERTY OF THE SOUTH YARMOUTH 
BAPTIST CEMETERY ASSOCIATION IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The South Yarmouth Baptist Cemetery 
Association, a corporation duly incorporated by law and 
situated in the town of Yarmouth, hereinafter called the 
corporation, may, by deed duly executed, convey and 
transfer to said town, and said town is hereby authorized 
and empowered to receive, and thereafter to hold and main- 
tain, but for cemetery purposes only, and subject to all 
rights heretofore existing in any burial lots, the real and 
personal property of the corporation not subject to any 
trust, and thereupon, and upon the transfer of the trust 
funds as hereinafter provided, the corporation shall be dis- 
solved; and the cemetery of the corporation shall be and 
become a pubhc burial place, ground or cemetery. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction, and in compliance with the terms 
and conditions of such decree, said town may receive from 
the corporation a conveyance and transfer of, and administer, 
all funds or other property held by the corporation in trust 
for the perpetual care of the lots in its cemetery and for 
other purposes, and also any property devised or bequeathed 
to the corporation under the will of any person living at 
the time of said transfer or conveyance or under the will of 
any deceased person not then probated. Interest and 
dividends accruing on funds deposited in trust with any 
savings bank under authority of section thirty-seven or 
section thirty-eight of chapter one hundred and sixty-eight 
of the General Laws, or with any other banking institution, 
for the benefit of the corporation, or of any lots in its ceme- 
tery, may, after such conveyance, be paid by such bank or 
institution to the treasurer of said town; and upon such 
payment said treasurer shall use the same for the purposes of 
said trusts. 

Section 3. All real and personal property and property 
rights, acquired by said town from the corporation under 



Acts, 1948. — Chaps. 34, 35. 37 

authority of this act, shall be held and managed by said 
town in the same manner in which cities and towns are 
authorized by law to hold and manage property for cemeter}^ 
purposes; provided, that all rights which any persoas have 
acquired in the cemetery of the corporation or any lots 
therein shall remain in force to the same extent as if this 
act had not been passed and such transfer had not occurred. 
The records of the corporation shall be dehvered to the clerk 
of said town and such clerk may certify copies thereof. 

Section 4. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Yarmouth voting thereon at the annual town meeting 
or at a special town meeting called for the purpose in the 
current year, but not otherwise. 

Af-proved February 6, 1948. 



An Act prohibiting loans or other extensions of Qfidqj 34 

CREDIT BY BANKING COMPANIES TO THEIR OWN EXECUTIVE ^' 

OFFICERS AND PROVIDING PENALTIES THEREFOR. 

Be it enacted, etc., as follows: 

Chapter 172A of the General Laws is hereby amended EdV'mA 
by inserting after section 8, as amended by chapter 39 of new'§8A, ' 
the acts of 1947, the following section: — Section 8A. No ^^^^^{^^ 
executive officer of any such corporation which has been companies pro- 
authorized to do the business of a banking company under Jxtending"™ 
section one shall borrow from or otherwise become indebted gxecuVve ^'^^''^ 
to such corporation, and no such corporation shall lend or officers. 
extend credit in any other manner to any of its own execu- 
tive officers. If any such executive officer, either individually 
or as trustee holding property in trust, becomes the owner 
of any property, real or personal, upon which such corpora- 
tion has a lien or liens, his office shall become vacant at the 
expiration of ninety days thereafter, unless he has caused 
said lien or liens to be satisfied, transferred or assigned. 
Whoever violates any provision of this section shall be 
punished by a fine of not more than one thousand dollars, 
or by imprisonment for not more than ninety days, or both. 

Approved February 6, 1948. 

An Act further regulating the investments of banking Qfiap, 35 

COMPANIES. 

Be it enacted, etc., as follows: 

Section 7 of chapter 172A of the General Laws is hereby o. l. (Ter. 
amended by striking out clause Second, as amended by ^^"^sicond.^ ^' 
chapter 208 of the acts of 1943, and inserting in place thereof etc., amended, 
the following clause: — 

Second. In any securities authorized as investments for investment of 
savings banks by clauses Second to Seventh, inclusive, of regulated"." 
section fifty-four of chapter one hundred and sixty-eight; 
provided, that not more than twenty per cent of its certifi- 



38 Acts, 1948. — Chaps. 36, 37, 38. 

cate and other funds sljall be invested b)'' any such corpora- 
tion in the classes of securities referred to in sub-divisions 
(c) to (i), inclusive, of said clause Second and in said clauses 
Third to Seventh, inclusi\'e, of said section fifty-four, and 
provided, further, that not more than one per cent of its 
certificate and other funds shall be invested by any such 
corporation in the obhgations of any one of the obligors 
referred to in said sub-divisions and clauses. 

Approved February 6, 1948. 

Chap. 36 ^^ ^^'^ REGULATING LOANS BY BANKING COMPANIES UPON 
THE SECURITY OF THEIR OWN SHARES, AND THE ACQUISITION 
OR HOLDING BY THEM OF SUCH SHARES. 

Be it enacted, etc., as follows: 

EdV i?>A Chapter 172A of the General Laws is hereby amended by 

new '§ 7B, ' inserting after section 7A, inserted by section 8 of chapter 266 
t \-' of the acts of 1938, the following section: — Section 7B. No 

Banking com- . i n i. , ° . ,. •, 

panies may not such corporatiou shall dircctly or indirectly make a loan in 
secuHty of its wholc or in part on the security of shares of its own capital 
Ttock"*'''*''' stock, nor acquire or hold such shares unless such acquisition 
shall be necessary to prevent loss upon a debt previously 
contracted in good faith, and shares so acquired shall, 
within six months after their acquisition, be disposed of at 
public or private sale. The treasurer or any other officer or 
employee of any such corporation who knowingly violates 
any provision of this section shall be punished by a fine of 
not more than five hundred dollars or by imprisonment for 
not more than six months, or both. 

Approved February 6, 1948. 

Chap. 37 -^N Act relative to branch offices of merged banking 

COMPANIES. 

Be it enacted, etc., as follows: 

G- L. (Ter. Scction 12 of chapter 172A of the General Laws, as appear- 

§'i2,'etc., ' ing in section 4 of chapter 452 of the acts of 1935, is hereby 
amended. amended by adding at the end thereof the following sentence : 

of'^me'rgeT*''^'^ — The offico Or officcs of such a corporation which is merged 
banking or consoHdated with, or conveys all or substantially all of 

companies. .^^ asscts to, anothcr such company located in another 
county, shall be discontinued as branch offices of the con- 
tinuing corporation within such time as the commissioner 
may by regulations establish. 

Approved February 6, 1948. 

Chap. 38 An Act to establish a board of tree and park commis- 
sioners IN THE TOWN OF HINGHAM. 

Be it enacted, etc., as follows: 

Section 1. There shall be established in the town of 
Hingham a board of tree and park commissioners, to consist 



Acts, 1948. — Chaps. 39, 40. 39 

of a superintendent of trees and parks and two other mem- 
bers, who shall be elected by means of the official ballot. 
Said board shall exclusively have the powers and perform 
the duties of tree warden, moth superintendent, board of 
park commissioners, and town forest committee. The offices 
of tree warden, moth superintendent, board of park com- 
missioners, and town forest committee shall be abolished 
upon the election and qualification of a board of tree and 
park commissioners as provided by this act. At the first 
annual town meeting following the acceptance of this act, 
as provided in section two, a superintendent of trees and 
parks shall be elected for a term of three years, and the two 
other members of the board of tree and park commissioners 
for terms of one and two years, respectively. At the ex- 
piration of said terms, all members shall thereafter be elected 
for terms of three years. The superintendent of trees and 
parks shall receive such salary as the town shall vote, and 
the other two members of the board shall serve without 
compensation. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the voters of the town of Hingham at an annual 
town meeting held within five years of the date of the passage 
hereof. Approved February 6, 1948. 

An Act relative to notices by the registrar of motor QJidj) 39 

VEHICLES WITH RESPECT TO POLICIES AND BONDS ISSUED 
BY INSURANCE AND SURETY COMPANIES WHICH HAVE 
MERGED OR CONSOLIDATED. 

Be it evaded, etc., as follows: 

Section .34H of chapter 90 of the General Laws, as amended ^^ngj'^''" 
by chapter 119 of the acts of 1933, is hereby further amended §"3411, etc., 
by adding, at the end of the second paragraph, as appearing '^'"'''^^«'^- 
in the Tercentenary Edition, the following: — ; provided, Notice by 
that if the authority of such a company to issue or execute niotor vehicles 
motor vehicle liability policies or bonds in the common- merged^ insur- 
wealth ceases by reason of its merger or consolidation with ^""^ . 
another company so authorized, and it is proved to the satis- regulated.' 
faction of the commissioner of insurance that the new or 
continuing company has assumed all the obligations and 
liabilities of such company under any and all such policies 
and bonds issued by it, such notice of the registrar will not 
be required with respect to policies or bonds so issued previous 
to the d.ate of merger or consolidation. 

Approved February 6, 1-948. 

An Act authorizing the city of Worcester to use a (Jjiai) 40 

PORTION OF KENDRICK FIELD, A PUBLIC PLAYGROUND, FOR 
the PURPOSE OF WIDENING BROOK STREET IN SAID CITY. 

Be it enacted, etc., as follow s: 

Section 1. For the purpose of widening the southerly 
side of Brook street in the city of Worcester, from the under- 



40 Acts, 1948. — Chap. 41. 

pass at the railroad crossing to Ararat street, said city is 
hereby authorized to use land from Kendrick field, a public 
playground under the jurisdiction of the parks and recrea- 
tion commission of said city. 

Section 2. This act shall take effect upon its acceptance 
during the current year by the city council of said city. 

Approved February 6, 1948. 



ChaV 41 ^^ ^^^ AUTHORIZING THE TOWN OF DUDLEY TO CONSTRUCT 
AND OrERATE A SYSTEM OF SEWERAGE AND SEWAGE DIS- 
POSAL. 

Be it enacted, etc., as follows: 

Section 1. The town of Dudley may lay out, construct, 
maintain and operate a system or systems of main drains 
and common sewers for a part or the whole of its territory, 
with such connections and other works as may be required 
for a system of sewage disposal; and for the purpose of pro- 
viding better surface or other drainage, guarding against 
pollution of waters, and otherwise protecting the public 
health, may lay, make and maintain such main 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 waters thereof, and may lay, make 
and maintain subdrains, and, with the approval of the 
state department of public health, discharge the water into 
any brook, stream or water course within the town. 

Section 2. The town may make and maintain, in any 
way therein where main drains or common sewers are con- 
structed, such connecting drains, subdrains 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 special sewer committee, appointed in 
accordance with a vote of the town on June twenty-fifth, 
nineteen hundred and forty-seven, shall act as a board of 
sewer commissioners to carry on the work proposed under 
this act, and until a board of sewer commissioners has been 
elected, or the selectmen authorized by vote to act as such 
board, as provided herein. The committee shall serve with- 
out pay and shall have all the powers and authority given 
to the board of sewer commissioners in this act or by gen- 
eral law. Whenever the phrase "said board of sewer com- 
missioners" or "said board" hereinafter occurs, it shall 
mean and include the board of sewer commissioners, the 
selectmen acting as such, or the committee of the town pro- 
vided for in this section, as the case may be. 

Section 4. At any town meeting, held within a period 
of two years after the completion of the work authorized 
by this act and proposed for first construction, the town 
may vote that the selectmen shall act as a board of sewer 
commissioners. If the town does not so vote, the town 



Acts, 1948. — Chap. 41. 41 

shall elect by ballot, at any town meeting not later than 
the second annual meeting after the completion of the first 
construction work aforesaid, a board of sewer commissioners 
who shall be citizens of the town to hold office, if elected at 
an annual meeting, one until the expiration of one year, 
one until the expiration of two years, and one until the 
expiration of three years, from such annual town meeting, 
and until their successors are qualified, or, if elected at a 
special meeting, one until the expiration of one year, one 
until the expiration of two years, and one until the expira- 
tion of three j'cars, 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 
member expires, the town shall elect one member of the 
board to serve for three years and until his successor is 
qualified. Any selectman shall be eligible to election to said 
board. In either case, whether the town votes that its 
selectmen shall act as a board of sewer commissioners or 
elects a board of sewer commissioners, the town may at any 
time thereafter, by any or all the methods permitted by 
general law, provide for the election of a board of three sewer 
commissioners, or that the selectmen msiy act as a board of 
sewer commissioners, as the case may be. 

Section 5. Said board of sewer commissioners, acting 
for and on behaK of said town, may take by eminent domain, 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, any lands, water rights, rights of 
way or easements, pubhc 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 pubUc 
way, or within the location of any railroad, and may enter 
upon or dig up any private land, public way or railroad 
location, for the purposes 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 rail- 
road corporation except at such time and in such manner as 
they may agree upon with such corporation, or, in case of 
failure to agree, as may be approved by the department of 
public utilities. 

Section 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 



42 Acts, 1948. — Chap. 41. 

for the use of said system or systems, the town may avail 
itself of any or all of the methods permitted by General 
Laws, and the provisions of said General Laws relative to 
the assessment, apportionment, division, re-assessment, 
abatement and collection of sewer assessment, to liens 
therefor and to interest thereon shall apply to assessments 
made under this act, except that interest shall be at the rate 
of four per cent per annum. At the same meeting at which 
it determines the proportion of the cost which is to be borne 
by the town, it may by vote determine by which of such 
methods the remaining portion of said cost shall be provided 
for. The collector of taxes of said town shall certify the 
payment or payments of such assessments or apportionments 
thereof to the sewer commissioners, or to the selectmen 
acting as such, who shall preserve a record thereof. 

Section 8. For the purposes of paying the necessary 
expenses and liabilities incurred under this act, the town 
may from time to time, within five years after the passage 
of this act, borrow such sums as may be necessary, not 
exceeding, in the aggregate, three hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on 
their face the words Dudley Sewerage Loan, Act of 1948. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than thirty years 
from their dates. Indebtedness incurred under this act shall 
be in excess of the statutory limit, but shall, except as pro- 
vided 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 of sewerage and sewage 
disposal or to the extension thereof, to the payment of in- 
terest upon bonds or notes issued for sewer purposes, or to 
the payment or redemption of such bonds or notes. 

Section 10. Said board of sewer commissioners may 
annually appoint a clerk and may appoint a superintendent 
of sewers who shall not be a member of the board, and shall 
define their duties. It may remove the clerk or super- 
intendent at its pleasure. Said board may, in its discretion, 
prescribe for the users of said sewer 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 the inspection of 



Acts, 1948. — Chap. 42. 43 

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 published 
in the town of Dudley, if there be any, and if not, then in 
some newspaper published in the county of Worcester, and 
shall not take effect until such publications have been made. 

Section 13. No act shall be done under authority of 
the preceding sections except in the making of surveys and 
other preliminary investigations until the plans for said 
system of sewerage and sewage disposal have been approved 
by the state department of public health. Upon application 
to said department for its approval, it shall give a hearing, 
after due notice to the public. At such hearing, plans show- 
ing the work to be done in constructing said system of 
sewerage and sewage disposal shall be submitted for approval 
by said department. 

Section 14. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of said town 
voting thereon at a town meeting called for the purpose 
within two years after its passage, but not otherwise. No 
expenditure shall be made and no hability incurred hereunder 
until such acceptance. Appj-oved February 9, 1948. 



An Act further regulating registration of voters. Cjhnj) 49 

Whereas, One of the principal purposes of this act is to Emergency 
make its provisions available for use within a period of p^'eambie. 
ninety days after its passage and its deferred operation would 
defeat such purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of ' 

the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 26 of chapter 51 of the General Laws, as most Sj^-^'^f* 
recently amended by section 1 of chapter 34 of the acts of etc., 'amended. 
1947, is hereby further amended by inserting before the last 
sentence the following sentence : — If, however, a voter Registration of 
desiring to vote at a regular or special primary or election regulated?*^'^'*' 
applies for registration during a period prior to such primary 
or election when registration therefor is permitted by the 
provisions of this section relative to such primary or election 
but is prohibited by the provisions of this section relative 
to registration before some earlier primary or election, he 
shall be registered if qualified and his name shall be placed 
on the voting lists for primaries and elections commencing 
with such later primary or election. 

Approved February 9, 1948. 



44 



Acts, 1948. — Chaps. 43, 44. 



Chap. 43 An Act relative to the punishment for arson. 



G. L: (Ter. 
Ed.), 266, § 1, 
etc., amended. 



Penalty for 
burning dwell- 
ing house. 



" Dwelling 

house", 

defined. 



G. L. (Ter. 
Ed.), 266, § 2, 
etc., amended. 



Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 266 of the General Laws, 
as amended by section 1 of chapter 192 of the acts of 1932, 
is hereby further amended by inserting after the word 
"years" in line 9, the following: — , or bj^ imprisonment in a 
jail or house of correction for not more than two and one 
half years, — so as to read as follows : — Section 1 . Whoever 
wilfully and maliciously sets fire to, burns, or causes to be 
burned, or whoever aids, counsels or procures the burning of, 
a dwelling house, or a building adjoining or adjacent to a 
dwelling house, or a building by the burning whereof a dwell- 
ing house is burned, whether such dwelling house or other 
building is the property of himself or another and whether 
the same is occupied or unoccupied, shall be punished by 
imprisonment in the state prison for not more than twenty 
years, or by imprisonment in a jail or house of correction for 
not more than two and one half years. The words "dwelling 
house", as used in this section, shall mean and include all 
buildings used as dwellings such as apartment houses, 
tenement houses, hotels, boarding houses, dormitories, 
hospitals, institutions, sanatoria, or other buildings where 
persons are domiciled. 

Section 2. Section 2 of said chapter 266, as amended by 
section 2 of said chapter 192, is hereby further amended by 
adding at the end thereof the following: — , or by imprison- 
ment in a jail or house of correction for not more than two 
and one half years. Approved February 9, 1948, 



Chap. 44 An Act establishing the date for the holding of the 
biennial municipal election in the city of new 

BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Chapter 95 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-nine, municipal elec- 
tions in the city of New Bedford for the choice of mayor, 
members of the city council, assessors 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 accept- 
ance during the current year by vote of the city council of 
the city of New Bedford, subject to the provisions of its 
charter, but not otherwise. Approved February 9, 1948. 



Acts, 1948. — Chaps. 45, 46. 45 



An Act further deferring the exercise by co-operative Qhav 45 

BANKS OF THE PRIVILEGE OF CONVERTING INTO CERTAIN 
FEDERAL AGENCIES. 

Be it enacted, etc., as follows: 

Chapter 235 of the acts of 1943 is hereby amended by 
striking out section 2, as most recently amended by chap- 
ter 20 of the acts of 1947, and inserting in place thereof the 
following section : — 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 six years im- 
mediately following September first, nineteen hundred and 
forty-three. A-pproved February 9, 1948. 



An Act to authorize the placing of the positions of Qfiav 46 

THE REGULAR OR PERMANENT MEMBERS OF THE POLICE 
FORCE AND THE OFFICE OF CHIEF OF POLICE OF THE TOWN 
OF BURLINGTON UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The positions of the regular or permanent 
members of the police force and the office of chief of police 
of the town of Burlington shall, upon the effective date of 
this act, become subject to the civil service laws and rules 
and regulations relating to police oflftcers in towns, and the 
tenure of office of any incumbent thereof shall be unlimited, 
subject, however, to said laws, but the persons holding said 
positions and office on said effective date shall continue to 
serve therein only until the expiration of their terms of 
office unless prior thereto they pass qualifying examinations 
to which they shall be subjected by the division of civil 
service. 

Section 2. This act shall be submitted to the voters 
of said town at the next annual town meeting in the form 
of the following question, which shall be placed upon the 
official ballot to be used for the election of town officers 
at said meeting: — "Shall an act passed by the general 
court in the year nineteen hundred and forty-eight, entitled, 
'An Act to Authorize the Placing of the Positions of the 
Regular or Permanent Members of the Police Force and the 
Office of Chief of Police of the Town of Burlington under 
the Civil Service Laws', be accepted?" If a majority of 
the votes in answer to said question is in the affirmative, 
then this act shall thereupon take full effect, but not other- 
wise. Approved February 9, 1948. 



46 Acts, 1948. — Chaps. 47, 48. 



Chap. 47 An Act to authorize the placing of the positions 
OF the regular or permanent members of the police 
force of the town of medfield under the civil 
service laws. 

Be it enacted, etc., as follows: 

Section 1. The positions of the regular or permanent 
members of the poUce force of the town of Medfield shall, 
upon the effective date of this act, become subject to the 
civil service laws and rules and regulations relating to police 
officers in towns, and the tenure of office of any incumbent 
thereof shall be unhmited, subject, however, to said laws, 
but the persons holding said positions on said effective date 
shall continue to serve therein only until the expiration of 
their terms of office unless prior thereto they pass qualifying 
examinations to which they shall be subjected by the division 
of civil service. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at the annual town meeting in the 
current year in the form of the following question, which 
shall be placed upon the official ballot to be used for the 
election of town officers at said meeting: — "Shall an act 
passed by the General Court in the year nineteen hundred 
and forty-eight, entitled, 'An Act to authorize the Placing 
of the Positions of the Regular or Permanent Members of 
the Police Force of the Town of Medfield under the Civil 
Service Laws', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, then this act 
shall thereupon take full effect, but not otherwise. 

Approved February 9, 1948. 



Chap. 48 An Act relative to the limitations on the deposit of 
funds of co-operative banks in commercial banks. 

Be it enacted, etc., as follows: 

Ed)''i7o'^'§ 25 Section 25 of chapter 170, of the General Laws is hereby 
etc!, 'amended.' amended by striking out the sentence inserted bj^ chapter 
174 of the acts of 1935, and inserting in place thereof the 
banks jimTof following scutence : — The corporation may deposit not 
deposits in more than five per cent of its share liabilities or twenty 

coin tncrci£il 

banks. thousand dollars, whichever is the greater, in each and any 

banking association incorporated under the authority of the 
United States and located in this commonwealth, and in 
each and any trust company incorporated in this common- 
wealth; provided, that any such deposit, if it exceeds twenty 
thousand dollars, shall not be more than twenty-five per 
cent of the capital stock and surplus fund of such association 
or trust company. Approved February 9, 1948. 



Acts, 1948. — Chaps. 49, 50. 47 



An Act relative to the making of direct reduction nhr,j. 40 

LOANS BY co-operative BANKS. ^' 

Be it enacted, etc., as follows: 

Section .36A of chapter 170 of the General Laws, as g. l. (Ter. 
amended, is hereby further amended by striking out the f aeX.^etc 
second and third paragraphs and inserting in place thereof amended. ' . 
the following two paragraphs: — 

No such loan shall have a term of more than twenty Direct reduc- 
years, nor shall such loan exceed eighty per cent of the value TO-opwiTtlv'^ 
of the mortgaged property as certified by the security com- banks, 
mittee of such corporation. No such loan upon any one ^'^^^ 
parcel of real estate so mortgaged shall exceed twelve thou- 
sand dollars. The aggregate amount of such loans as to 
each of which the unpaid balance of principal outstanding 
is more than ten thousand dollars made by any such cor- 
poration shall not at any time exceed twenty per cent of the 
aggregate amount of all loans secured by mortgages of real 
estate held by such corporation. 

The aggregate amount of such loans to any one borrower 
by any such corporation shall not exceed twelve thousand 
dollars or one per cent of the aggregate amount of all loans 
secured by mortgages of real estate held by such corpora- 
tion, whichever is greater, but in no event shall such aggre- 
gate amount of such loans to any one borrower by any such 
corporation exceed one hundred and fifty thousand dollars; 
provided, that the conditions contained in this paragraph 
shall not apply to any loan the real estate securing which 
has been sold to a bona fide purchaser who is deemed by 
such corporation to be a responsible person and who has 
agreed in writing with such corporation to assume payment 
of the note according to its terras and to comply with and 
perform the conditions of the mortgage, or to loans upon 
property purchased from the corporation; and provided, 
further, that all the loans to any one borrower by any such 
corporation, other than loans upon property purchased 
from the corporation, and upon matured or paid-up shares, 
shall not exceed the limit on one borrower's liability estab- 
lished b}^ this section, or that established by section sixteen, 
whichever is greater. Approved February 11, 1948. 



An Act relative to the investment of funds of certain Qfid'Y) 50 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. Any co-operative bank having assets totalling 
more than ten million dollars may, with the approval of its 
board of directors, invest funds in any of the securities 
named in clauses Third and Third A and clauses Fifth to 
Sixth A, inclusive, of section fifty-four of chapter one hundred 
and sixty-eight of the General Laws, subject, however, to the 



48 Acts, 1948. — Chap. 51. 

provisions of said clauses and to the following limitations : — 
not more than an amount equal to five per cent of the assets 
of any such bank shall be invested in railroad bonds or other 
obligations referred to in clauses Third and Third A of said 
section fifty-four, and not more than an amount equal to 
one and one half per cent of such assets shall be invested in 
the bonds or other obligations of any one railroad corpora- 
tion; not more than an amount equal to ten per cent of 
the assets of any such bank shall be invested in bonds or 
other obligations of telephone companies referred to in 
clauses Fifth to Fifth C, inclusive, of said section fifty-four, 
and not more than an amount equal to two per cent of such 
assets shall be invested in the bonds or other obligations 
of any one telephone company; not more than an amount 
equal to five per cent of the assets of any such bank shall be 
invested in gas, electric or water company bonds referred to 
in clause Sixth of said section fifty-four, and not more than 
an amount equal to one and one half per cent of such assets 
shall be invested in the bonds or other obligations of any 
such company; not more than an amount equal to ten per 
cent of the assets of any such bank shall be invested in 
bonds or other obligations of pubHc service companies re- 
ferred to in clause Sixth A of said section fifty-four, and not 
more than an amount equal to two per cent of such assets 
shall be invested in the bonds or other obligations of any 
one such public service company; and not more than an 
aggregate amount equal to twenty per cent of its assets 
shall be invested by any such bank in all the aforesaid 
securities. 

Section 2. After the expiration of two years from the 
effective date hereof, no such bank shall invest any of its 
funds under this act, provided that any such bank may 
continue to carry securities purchased or otherwise acquired 
by it under the authority of this act previous to the ex- 
piration of said two years. Approved February 11, 1948. 



Chap. 51 An Act prohibiting the discrimination of a person in 

ANY housing project BECAUSE OF RACE, COLOR, CREED 
OR RELIGION. 

Be it enacted, etc., as follows: 

Bd)' ilr Clause (e) of section 26FF of chapter 121 of the General 

§ 2'6FF, c'l. (e), Laws, as appearing in section 1 of chapter 574 of the acts of 
etc., amended. ^945^ jg hereby amended by adding at the end the following 
sentence: — For all purposes of this chapter, no person shall, 
because of race, color, creed or religion, be subjected to any 
because"?*'"" discrimination, — so as to read as follows: — (e) There 
rare. color etc., shall bc no discrimination; provided, that if the number of 
pro II 1 e . qualified applicants for dwelling accommodations exceeds 
the dwelling units available, preference shall be given to in- 
habitants of the city or town in which the project is located, 
and to the families who occupied the dwellings eliminated 



Acts, 1948. — Chaps. 52, 53. 49 

by demolition, condemnation and effective closing as part 
of the project as far as is reasonably practicable without dis- 
crimination against persons living in other sub-standard 
areas within the same city or town. For all purposes of this 
chapter, no person shall, because of race, color, creed or 
religion, be subjected to any discrimination. 

Approved February 11, 1948. 



An Act authorizing any municipality to redetermine (Jfidy 59 

FROM TIME TO TIME THE FIXED UNIFORM RATE CHARGED TO ^' 

ABUTTERS FOR THE CONSTRUCTION OF SEWERS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to permit municipalities to re- p^'s^'^^'*'- 
determine from time to time, especially at forthcoming town 
meetings, the fixed uniform rate which abutters shall pay 
for sewers, 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 83 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 15 the following new f'isAfadded. 
section: — Section 15 A. Any city at any meeting of the Municipalities 
proper municipal authority, or any town at a town meeting, mme ratel^to 
may, from time to time, redetermine the uniform rate fixed abutters*for*° 
under section fifteen, or under any special law, and charged construction of 
to the abutters for the construction of sewers. sewers. 

Section 2. This act shall not apply to assessments levied Application 
prior to its effective date. 

Approved February 12, 1948. 



An Act to authorize the town of sudbury to borrow (JJiar) 53 

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 new school building, the town 
of Sudbury may borrow, from time to time within a period 
of five years from the passage of this act, such sums as 
may be necessary, not exceeding, in the aggregate, four 
hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Sudbury 
School Building Loan, Act of 1948. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
paid in not more than twenty years from their dates. In- 
debtedness incurred under this act shall be in excess of 
the statutory limit, but shall, except as provided herein, 
be subject to chapter forty-four of the General Laws, ex- 



50 



Acts, 1948. — Chaps. 54, 55. 



elusive of the limitation contained in the first paragraph of 
section seven thereof. 

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

Approved February 12, 1948. 



Chap. 54 An Act making smaller groups of employees eligible 

FOR GROUP LIFE INSURANCE. 



G. L. (Ter. 
Ed.), 17.5, 
§ 133, cl. (a), 
etc., amended. 



Group life 

insurance 

defined. 



Be it enacted, etc., as follows: 

Clause (a) of section 133 of chapter 175 of the General 
Laws, as amended by chapter 346 of the acts of 1946, is 
hereby further amended by striking out, in hne 1, the word 
"fifty" and inserting in place thereof the word: — twenty- 
five, — so as to read as follows: — (a) not less than twenty- 
five employees, with or without medical examination, written 
under a policy issued to the employer, the premium on which 
is to be paid by the employer or by the employer and em- 
ployees jointly, and insuring only all of his employees, or 
all of any class or classes thereof determined by conditions 
pertaining to the employment, or by duration of service 
in which case no employee shall be excluded if he has been 
for one year or more in the employ of the person taking out 
the policy, or for such period longer than one year as may be 
required by any pension plan under or in connection with 
which the policy is taken out, for amounts of insurance 
based upon some plan precluding individual selection, and 
for the benefit of persons other than the employer, provided, 
that when the premium is to be paid by the employer and 
employees jointly and the benefits of the policy are offered 
to all eligible employees, not less than seventy-five per cent 
of such employees may be so insured, or not less than forty 
per cent if each employee belonging to the insured group 
has been medically examined and found acceptable for 
ordinary insurance by an individual policy ; 

Approved February 12, 1948. 



Chap. 55 An Act changing the time for the holding of bien- 
nial MUNICIPAL ELECTIONS IN THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 448 of the acts of 1909 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-nine, biennial municipal 
elections in the city of Taunton for the choice of mayor, 
members of the municipal council and members of the school 
committee shall be held biennially on the Tuesday next 
following the first Monday of November in every odd 
numbered year. 

Section 2. This act shall take full effect upon its ac- 



Acts, 1948. — Chaps. 56, 57. 51 

ceptance during the current year by vote of the municipal 
council of the city of Taunton, subject to the provisions 
of its charter, but not otherwise. 

Approved February 12, 1948. 



An Act relative to the attestation of records and Qfid^) 56 

INSTRUMENTS BY CITY CLERKS. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 18, as appearing in the Tercentenary §§^i8A^an'd"' 
Edition, the following two sections: — Section 18A. The isb, added. 
records of the city clerk of a city may be attested by the dIrTmay be'*^ 
volume and it shall be deemed to be a sufficient attestation ^^^{'^^^^ ^^ 
of each and all of the records contained therein when a 
volume of said records bears the attest with the written 
signature of the city clerk or of the assistant city clerk duly 
appointed under the provisions of section eighteen. 

Section 18B. A facsimile of the signature of a city clerk ^^Jj^''"!?^ 
or of a duly appointed assistant city clerk, imprinted by sufficient for 
either of them upon any original instrument in attestation ^"estation. 
of the fact that the said instrument has been recorded in 
the city clerk's office, shall have the same validity as the 
written signature of either of them. 

Approved February 12, 1948. 



An Act authorizing the south boston savings bank (Jjiav. 57 
to make further investments in the purchase and 
improvement of real estate in the city of boston 
to be used for the transaction of the business of 
said bank. 

Be it enacted, etc., as follows: 

Section 1. South Boston Savings Bank, incorporated 
by chapter fifty-four of the acts of eighteen hundred and 
sixty-three, subject to the approval of the commissioner of 
banks, may invest in the purchase of real estate in the city 
of Boston and in the preparation and erection of a suitable 
building thereon, to be used in whole or in part for the 
transaction of its business, a sum not exceeding five hundred 
thousand dollars, in addition to any sums said bank has 
heretofore been authorized to invest in real estate for bank- 
ing purposes. 

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

Approved February 12, 1948. 



52 Acts, 1948. — Chaps. 58, 59. 

Chap. 58 An Act authorizing co-operative banks to cash checks 

AND MONEY ORDERS AND TO MAKE A CHARGE THEREFOR. 

Be it enacted, etc., as follows: 

EdViTo'^new Chapter 170 of the General Laws is hereby amended by 

§ 43A, added, striking out section 43A, as amended by section 4 of chapter 

154 of the acts of 1946, and inserting in place thereof the 

Sale of checks following section : — Section ASA . Such corporation may, 

banks. under regulations made by the commissioner, sell negotiable 

checks drawn by or on it and payable by or through a trust 

company or a national banking association, and American 

Express Company money orders and travelers checks, and 

may cash any check or money order whatsoever and make 

a charge therefor. Approved February 12, 1948. 



Chap. 59 -An Act to authorize the placing of the positions of 

THE regular or PERMANENT MEMBERS OF THE POLICE 

force of the town of holliston under the civil 
service laws. 

Be it enacted, etc., as follows: 

Section 1. The positions of the regular or permanent 
members of the police force of the town of Holhston shall, 
upon the effective date of this act, become subject to the 
civil service laws and rules and regulations relating to police 
officers in towns, and the tenure of office of any incumbent 
thereof shall be unlimited, subject, however, to said laws, 
but the persons holding said positions on said effective date 
shall continue to serve therein only until the expiration 
of their terms of office unless prior thereto they pass qualify- 
ing examinations to which they shall be subjected by the 
division of civil service. 

Section 2. This act shall be submitted to the voters 
of said town at the annual town meeting in the current 
year in the form of the following question, which shall be 
placed upon the official ballot to be used for the election of 
town officers at said meeting: — "Shall an act passed by 
the General Court in the year nineteen hundred and forty- 
eight, entitled, 'An Act to authorize the Placing of the 
Positions of the Regular or Permanent Members of the 
Police Force of the Town of Holliston under the Civil 
Service Laws', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, then this act 
shall thereupon take full effect, but not otherwise. 

Approved February 12, 1948. 



Acts, 1948. — Chaps. 60, 61, 62. 53 

Chap. 60 



An Act relating to the establishment of a town 
manager form of government for the town of 
amesbury. 



Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 29 of the acts of the 
current year is hereby amended by striking out the third 
sentence and inserting in place thereof the following sen- 
tence: — He shall not be a resident of the town and need 
not be a resident of the commonwealth when appointed, 
but shall be a resident of the town during his term of office. 

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

Approved February 16, 1948. 



An Act authorizing the Worcester county institu- (Jhav 61 

TION FOR savings TO ACQUIRE ADDITIONAL REAL ESTATE 
suitable for a parking lot and use the same in THE 
TRANSACTION OF ITS BUSINESS. 

Be it enacted, etc., as follows: 

Section 1. Worcester County Institution for Savings, 
incorporated by chapter fifty of the acts of eighteen hundred 
and twenty-seven, may, subject to the approval of the 
commissioner of banks, invest its deposits to an amount 
not exceeding thirty-five thousand dollars in the purchase 
and preparation of a suitable site in the city of Worcester 
for a parking lot to be used in the transaction of its business. 

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

Approved February 17, 1948. 



An Act authorizing the town of middleton to permit fhnj) 62 

THE erection AND MAINTENANCE BY THE BOY SCOUTS 
OF AMERICA OF A BUILDING ON RECREATION PARK, SO 
CALLED, A PUBLIC PARK IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Middleton, by its board of 
selectmen, and upon such terms and conditions as such 
board may specify and approve, is hereby authorized to 
grant a permit authorizing the local troop or troops of the 
Boy Scouts of America within said town to erect, and there- 
after to maintain, on Recreation park, so called, a public 
park in said town, a building to be used by said Boy Scouts 
of America for recreational purposes. Notwithstanding 
such permit, the control and supervision of such land shall 
remain under the board of selectmen. Upon failure of said 
troop or troops for the period of two years to make use of 
said property for such purposes, said board of selectmen 
may immediately cancel such permit upon written notice to 
said troop or troops. Upon termination of such permit, any 



54 Acts, 1948. — Chaps. 63, 64. 

buildings or other structures on said property shall become 
the property of the town. 

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

Approved February 17, 1948. 



Chap. 63 An Act fixing the time for the filing of notices of 

CANDIDATES FOR RE-ELECTION AS TOWN MEETING MEMBERS. 

Be it enacted, etc., as follows: 

EdVsJl'io Section 10 of chapter 53 of the General Laws is hereby 
etc!. 'amended', amended by inserting after the third paragraph, as most 
recently amended by chapter 74 of the acts of 1947, the 
following paragraph: — • 
Town meeting ^jjy incumbent town meeting member may become a 
re-election of. Candidate for re-election by giving written notice thereof 
to the town clerk not later than fourteen days prior to the 
last day and hour for filing nomination papers notwith- 
standing any contrary provision in any special law. 

Approved February 17, 1948. 



Chap. 64 An Act authorizing the county commissioners of the 

COUNTY OP HAMPDEN TO PROVIDE ADEQUATE ACCOMMO- 
DATIONS AND FACILITIES FOR THE PROBATE COURT AND 
REGISTRY OF DEEDS AT SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate ac- 
commodations and facilities for the probate court and 
registry of deeds in the city of Springfield, the county com- 
missioners of the county of Hampden may construct and 
originally furnish and equip additions to the hall of records 
building in said city. 

Section 2. For the purpose aforesaid the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county such sums as 
may be necessary, not exceeding, in the aggregate, three 
hundred and sixty thousand dollars, and may issue bonds or 
notes of the county therefor which shall bear on their face 
the words, Hampden County Probate Court and Registry 
of Deeds Loan, Act of 1948. Each authorized issue shall 
constitute a separate loan, and such loans shall be payable 
not more than ten years from their dates. The bonds or 
notes shall be signed by the county treasurer and counter- 
signed by a majority of the county commissioners. The 
county may sell the said securities at public or private sale, 
upon such terms and conditions as the county commissioners 
may deem proper, but not for less than their par value. 
Indebtedness incurred hereunder shall, except as herein 
provided, be subject to chapter thirty-five of the General 
Laws. The county treasurer, with the approval of the county 



Acts, 1948. — Chaps. 65, 66. 55 

commissioners, may issue temporary notes of the county, 
payable in not more than one year from their date, in antici- 
pation of the issue of serial bonds or notes under this act, 
but the time within which such serial bonds or notes shall 
become due and payable shall not, by reason of such tem- 
porary notes, be extended beyond the time fixed by this act. 
Any notes issued in anticipation of the serial bonds or notes 
shall be paid from the proceeds thereof. 

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

Section 4. This act shall take full effect upon its ac- 
ceptance within two years by the county commissioners of 
Hampden county, but not otherwise; provided, that, prior 
to voting on such acceptance, said county commissioners 
shall have held an advertised public hearing in the city of 
Springfield on the question of such acceptance. 

Approved February 17, 1948. 



An Act further regulating personal loans in certain (Jhnr) 65 

CREDIT UNIONS. ^' 

Be it enacted, etc., as follows: 

Section 24 of chapter 171 of the General Laws is hereby o. l. (Ten 
amended by inserting after paragraph 6 of subdivision (A), fic^ 'amended*' 
as appearing in chapter 102 of the acts of 1941, the following 
paragraph : — 

7. Notwithstanding the limitations set forth in the para- Personal loans 
graphs numbered one and two of this section, a credit union ■"''suiated. 
having assets of two hundred thousand dollars or more may 
make loans in amounts not exceeding three hundred dollars 
each upon the unendorsed and unsecured note of the bor- 
rower, and in amounts not exceeding five hundred dollars 
each upon the note of the borrower with one or more responsi- 
ble endorsers or co-makers, or with satisfactory collateral 
pledged to secure the same. Approved February 17, 1948. 



An Act providing that copies of, or certificates re- nhnj) aa 

LATING TO, decrees OF DIVORCE SHALL CONTAIN CERTAIN 
information relating to the EFFECT OF A DECREE NISI 
AND TO THE RIGHT OF DIVORCED PERSONS TO REMARRY. 

Be it enacted, etc., as follows: 

Chapter 208 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 24 the following section : — Sec- f 24A^addefr 



56 



Acts, 1948. — Chaps. 67, 68. 



Certificatej^f tiou 2JfA. The coui't, in issuing a copy of, or a certificate 
contain certain relating to, a dccrec of divorce entered by it, shall cause to 
mforinition. bc printed or written thereon the provisions of sections 
twent3''-one and twenty-four. 

Approved February 17, 1948. 



G. L. (Ter. 
Ed.), 30. § 3.3, 
etc., amended. 



Recommenda- 
tions of de- 
partments, etc. 
suggesting 
legislation. 



Chap. 67 An Act relative to the time for filing recommenda- 
tions OF state officers and department heads for 
legislation. 

Be it enacted, etc., as follows: 

Section 33 of chapter 30 of the General Laws, as most 
recently amended by section 6 of chapter 292 of the acts of 
1945, is hereby further amended by striking out, in hne 9, 
the word "December" and inserting in place thereof the 
word : — November, — so as to read as follows : — Sec- 
tion 33. Any state officer or department or head thereof 
making an annual report may include therein recommenda- 
tions for legislative action, other than requests for appro- 
priations or any matters required to be covered by budget 
estimates submitted to the budget commissioner under 
section three or four of chapter twenty-nine. Such recom- 
mendations shall be deposited with the state secretary on 
or before the first Wednesday in November next after the 
end of the fiscal year covered by the annual report and shall 
be transmitted by him to the general court forthwith. They 
shall be accompanied by drafts of bills embodying the legisla- 
tion recommended, and such drafts of bills shall, seasonably 
before being deposited with the state secretary, be sub- 
mitted to the counsel to the senate or counsel to the house 
of representatives for advice and assistance as to the form 
thereof. Approved February 17, 1948. 



Chap. 



68 An Act authorizing the city of Lawrence to construct 

AND maintain A PUBLIC SWIMMING POOL ON CERTAIN 
LAND WITHIN THE LIMITS OF O'CONNELL PLAYSTEAD IN 
SAID CITY. 

Be it enacted, etc., as follows: 

The city of Lawrence is hereby authorized, notwith- 
standing any limitation contained in chapter forty-five of 
the General Laws, to build, equip and maintain, for the free 
recreational use of the public, a public swimming pool 
within the limits of Philip J. O'Connell Playstead, also 
known as South Lawrence Common, covering an area of 
not more than eighteen thousand square feet on the ground, 
which park was acquired by said city for park and recrea- 
tional purposes by deed of gift from the Essex Company 
dated September twenty-third, eighteen hundred and 
ninety-five and recorded in the registry of deeds for the 
northern district of Essex county. Said swimming pool 



Acts, 1948. — Chaps. 69, 70, 71. 57 

shall be located on the northerly side of the playstead adja- 
cent to Market street and it shall be set back a distance of 
not more than one hundred feet from the sideline of said 
street. Said swimming pool shall be so located as not to 
interfere with or infringe upon the use for recreational or 
athletic purposes of any part of the park area then so used. 

Approved February 17, 1948. 

An Act providing for the revival and transfer of a Qhav. 69 

CERTAIN all ALCOHOLIC BEVERAGES CLUB LICENSE TO 
THE Y D CLUB, BOSTON CHAPTER YANKEE DIVISION VET- 
ERANS' ASSOCIATION, CALLED THE Y D CLUB OF BOSTON. 

Be it enacted, etc., as follows: 

Notwithstanding any provision of any general or special 
law, the club license of the Army and Navy Officers' Mess 
Inc. in the city of Boston, issued under authority of chapter 
one hundred and thirty-eight of the General Laws, as 
amended, is hereby revived but only for the following pur- 
pose: To permit the licensing board of the city of Boston 
to transfer the said license to the Y D Club, Boston Chap- 
ter Yankee Division Veterans' Association, called the Y D 
Club of Boston, and to transfer the location of the licensed 
premises from those last occupied by the holder of the license 
to premises of the said club. For the purpose of advertising 
the hearing by the said board on the above question it 
shall not be necessary to advertise the address of the location 
from which the license is to be transferred. 

Approved February 17, 1948. 

An Act to authorize investment by domestic insur- (Jhny 70 

ANCE companies IN BONDS, NOTES OR OBLIGATIONS ISSUED, ^' 

ASSUMED OR GUARANTEED BY THE INTERNATIONAL BANK 
FOR RECONSTRUCTION AND DEVELOPMENT. 

Be it enacted, etc., as follows: 

Section 63 of chapter 175 of the General Laws is hereby g. l. (Ter. 
amended by inserting after paragraph 3, as most recently ^tt! 'amended^' 
amended by section 2 of chapter 266 of the acts of 1947, the 
following paragraph : — 

3A. In bonds, notes or obligations issued, assumed or investments of 
guaranteed by the International Bank for Reconstruction fn°sur''ance 
and Development. Approved February 17, 1948. companies. 

An Act permitting the late filing of certificates of (Jfiaj) 71 

NOMINATION AND NOMINATION PAPERS FOR THE ANNUAL 
TOWN ELECTION OF THE TOWN OF HUDSON 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 Hudson 



58 Acts, 1948. — Chaps. 72, 73. 

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, as existing immediately prior to the effec- 
tive date of chapter seventy-four of the acts of nineteen 
hundred and forty-seven, for the filing of such certificates 
and nomination papers. 

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

Approved February 19, 1948. 

Chap. 72 An Act relative to the establishment of salaries of 

APPOINTIVE officers OF THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. Section 54 of part II of chapter 621 of the 
acts of 1911 is hereby amended by striking out all after the 
word "officer" in line 2, — so as to read as follows: — Sec- 
tion 54- The city council shall establish by ordinance the 
salary or compensation of every appointive officer. 

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

Approved February 20, 19^8. 

Chap. 73 An Act relative to the powers of park street church. 
Be it enacted, etc., as follows: 

Section 1. Chapter 81 of the acts of 1835, as amended 
by chapter 252 of the Special Acts of 1916, is hereby further 
amended by striking out section 4 and inserting in place 
thereof the following section : — Section 4- All powers of 
the corporation over its properties, of every kind and nature 
(except insofar as the management and disbursement of 
property or funds raised, given or set apart by the corpora- 
tion or by donors for the purposes of fellowship, worship, 
evangelization, missions, benevolences, charity or other sim- 
ilar or specific purposes, may be entrusted to specific boards, 
committees or officers designated by the donors of specific 
property or by the vote of a majority of the members of the 
corporation entitled to vote who are present at a meeting) 
shall be vested in and exercised by a board which shall be 
entitled "Trustees of Park Street Church"; provided, that 

(a) No sale or mortgage of the church now constituting 
the Park Street Church meeting-house or the land on which 
it now stands, situated at the corner of Park and Tremont 
streets in Boston, or wherever the meeting-house of said 
church shall hereafter be situated, shall be made unless 
authorized at a meeting by the vote of not less than two 
thirds of the members of the corporation entitled to vote 
who are present or represented at a meeting at which not 
less than fifty per cent of the members entitled to vote shall 
be present or represented; 

(6) No alterations costing more than one hundred thou- 
sand dollars in the said meeting-house or land and no lease 
thereof in whole or in part for a term of five years or longer 



Acts, 1948. — Chap. 73. 59 

shall be made unless authorized by vote of not less than two 
thirds of the members of the corporation entitled to vote 
who are present or represented at a meeting at which not 
less than twenty per cent of the members entitled to vote 
shall be present or represented; 

(c)' No sale or mortgage of other real property owned by 
the corporation shall be made unless authorized by the vote 
of a majority of the members of the corporation entitled to 
vote who are present or represented at a meeting at which 
not less than five per cent of the members entitled to vote 
shall be present or represented; and 

(d) For the purposes of clauses (a), (6) and (c), above 
members may be pi'esent and vote in person or be repre- 
sented and vote by proxy. 

No contract, debt, gift, grant, pledge or obligation affect- 
ing the property of the corporation, the control of which is 
vested in the aforesaid board, shall be binding on the cor- 
poration and no expenditure of money, the control of which 
is vested in the aforesaid board, shall be made unless author- 
ized by vote of a majority of the members of the board who 
are present at a meeting at which not less than a majority 
of the members of the board shall be present. 

The aforesaid powers of the corporation over its prop- 
erties shall in no way be invalidated by any membership in 
or association with other churches in a denomination, or by 
any union said denomination may enter with other denomi- 
nations in which ownership of property of local congrega- 
tions is vested in a central body of trustees of the denomina- 
tion. Moreover, if at any time the corporation votes to 
sever its voluntary connection with a denomination, the 
corporation shall retain ownership and control of all its 
property. 

The aforesaid Trustees of Park Street Church shall consist 
of the pastor and the treasurer of the corporation, each for 
the time being then in office, and such number of trustees 
as shall be specified in the by-laws, each of which trustees 
shall be a member of the corporation, shall serve without 
recompense, shall be elected by the vote of not less than 
three fourths of the members of the corporation entitled to 
vote who are present at the annual meeting thereof, or at a 
special meeting called for the purpose, at which special 
meeting not less than five per cent of the members entitled 
to vote shall be present. Each trustee shall serve for such 
period as shall be specified in the by-laws. The by-laws 
may provide for the division of trustees into classes and for 
fixing the tenure of office of the several classes and may 
contain other provisions not inconsistent herewith regulat- 
ing the conduct and affairs of the corporation. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of Park Street Church and the filing with 
the state secretary of a certified copy of said vote within 
six months after the passage of this act. 

Approved February 20, 1948. 



60 



Acts, 1948. — Chaps. 74, 75. 



Admissibility 
in evidence of 
copies of 
hospital 
records. 



Chap. 74 An Act relative to the admissibility in evidence of 

COPIES OF HOSPITAL RECORDS. 

Be it enacted, etc., as follows: 

EdV' 233^ 79 Section 79 of chapter 233 of the General Laws, as most 
etc., 'amended. ' rcccntly amended by section 1 of chapter 473 of the acts of 
1946, is hereby further amended by inserting after the word 
"Columbia" in lines 4 and 5 the words: — , or by the laws 
and regulations of the United States of America pertaining 
to the department of national defense and the veterans admin- 
istration,- — so as to read as follows: — Section 79. Records 
kept by hospitals under section seventy of chapter one hun- 
dred and eleven shall be admissible, and records which the 
court finds are required to be kept by the laws of any other 
state or territory, or the District of Columbia, or by the 
laws and regulations of the United States of America per- 
taining to the department of national defense and the vet- 
erans administration, by hospitals similarly conducted or 
operated or which, being incorporated, offer treatment free 
of charge, may be admitted by the court, in its discretion, 
as evidence in the courts of the commonwealth so far as 
such records relate to the treatment and medical history of 
such cases and the court may, in its discretion, admit copies 
of such records, if certified by the persons in custody thereof 
to be true and complete; but nothing therein contained 
shall be admissible as evidence which has reference to the 
question of liability. Copies of photographic or micro- 
photographic records so kept by hospitals, when duly certi- 
fied by the person in charge of the hospital, shall be ad- 
mitted in evidence equally with the original photographs or 
micro-photographs. Approved February 20, 1948. 



Chap. 75 An Act relative to joint deposits in a savings bank 

IN trt'St for another. 



G. L. (Ter. 
Ed.), 108, new 
§ 34A, added. 

.Joint deposits 
in a savings 
hank in trust 
for another, 
regulated. 



Be it enacted, etc., as follows: 

Chapter 168 of the Genera] Laws is hereby amended by 
adding after section 34, as amended, the following section: 
— Section SlfA. If a deposit is made with such corporation 
by two persons, in trust for another, the name and residence 
of the person for whom it is made shall be disclosed, and it 
shall be credited to the depositors as trustees for such per- 
son. Payments may be made to either trustee or the sur- 
vivor; and if no other notice of the existence and terms of a 
trust has been given in writing to the corporation, upon the 
death of both trustees the amount then on deposit, with 
the dividends thereon, may be paid to the person for whom 
such deposit was made, or to his legal representative, or, if 
such deposit does not exceed two hundred dollars, it may 
be paid to a minor or to either of the parents of such minor. 
All payments made in accordance with this section shall be 
valid payments. Approved February 24, 1948. 



Acts, 1948. — Chaps. 76, 77, 78. 61 

An Act relative to the taking of lobsters and edible Qfiaj) 7g 

CRABS FROM THE COASTAL WATERS OF REVERE. 

fie it enacted, etc., as follows: 

Section 1. Section .37 of chapter 1,30 of the General EdM^3o.'^§s7 
Laws is hereby amended by striking out the paragraph most etc/ameAded.' 
recently amended by section 1 of chapter 533 of the acts 
of 1943 and inserting in place thereof the following: — 

In the waters of Dukes county, and of Marblehead and p^t°ft"lp"! etc. 
Svvampscott in Essex county, and of Revere in Suffolk 
county, no such pot, trap or other contrivance shall be 
buoyed otherwise than separately and plainly. 

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

Approved February 21^, 1948. 



An Act relative to the venue of prosectttions for the (Jhny 77 

CRIME of embezzlement OR FRAUDULENT CONVERSION ^' 

or APPROPRIATION BY FIDUCIARIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 277 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 58A, inserted by sec- f ssfefldded^ 
tion 1 of chapter 311 of the acts of 1943, the following sec- 
tion: — Section 58B. The crime of embezzlement or fraud- JJSons'for"^^' 
ulent conversion or appropriation by a fiduciary of money, [^^'''^fl^'ig'^iarTer 
goods or property held or possessed by him, as set forth in regulated, 
section fifty-seven of chapter two hundred and sixty-six, 
including the fraudulent disposition or destruction of such 
property, may be prosecuted and punished in the county 
wherein is located the probate court which appointed the 
fiduciary or in any county where the deed or other instru- 
ment in writing creating the trust under which he served 
or acted was recorded or in any county where he had held 
or possessed the property as aforesaid after embezzling or 
fraudulently converting or appropriating the same, as well 
as in any county where he committed the act of embezzle- 
ment or fraudulent conversion or appropriation or other 
fraudulent disposition or destruction of property held or 
possessed by him as aforesaid. 

Section 2. This act shall take effect on September first Effective date. 
of the current yeax. Approved February 24, 1948. 

An Act authorizing the city of pittsfield to use for (Jfiar) 78 
veterans' housing purposes certain premises held 
by said city for park, playground or recreation 
purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Pittsfield is hereby authorized to 
use for veterans' housing purposes the whole or any portion 
of certain premises held by said city for park, playground 
or recreation center purposes, which premises were conveyed 



62 Acts, 1948. — Chaps. 79, 80. 

to it by Charles H. Wilson by deed dated September fif- 
teenth, nineteen hundred and thirty-nine, and recorded in 
the Berkshire County Middle District Registry of Deeds 
in Book 483, page 416, and are more particularly described 
in said deed as follows: — "Lots number 17 and 18 on 
Plan of Taconic Property of James and E. H. Wilson, Inc., 
which plan is recorded in the Berkshire County Middle 
District Registry of Deeds, Book 417, pages 104 and 105". 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
said city subject to the provisions of its charter, but not 
otherwise. Approved February 24, 1948. 



Chap. 79 An Act validating the conveyance by the town of 

WARREN OF CERTAIN PARK LAND LOCATED IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Warren whereby 
it conveyed to the Warren Rural Improvement Association 
by deed dated August twenty-sixth, nineteen hundred and 
forty-six, and recorded in Worcester district deeds, book 
three thousand and sixty-three, page two hundred and 
fifty-seven, the land located on the west side of the Warren- 
West Brookfield state highway in said town, and acquired 
by said town for park purposes, is hereby validated and 
confirmed in so far as such action may be invalid by reason 
of lack of legislative authoritj^ to convey such park land. 

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

Approved February 25, 1948. 



Chap, 80 An Act validating acts of certain persons acting as 

MEMBERS OF THE BOARD OF REGISTRARS OF VOTERS IN 
THE TOWN OF TOPSFIELD IN THE YEARS NINETEEN HUN- 
DRED AND FORTY-SEVEN AND NINETEEN HITNDRED AND 
FORTY-EIGHT. 

Be it enacted, etc., as follows. • 

Section 1. The acts of the persons acting as registrars 
of voters in the town of Topsfield, between August sixth, 
nineteen hundred and forty-seven and February eleventh, 
nineteen hundred and forty-eight, relating to the registering 
of voters and certification of names on nomination papers, 
are hereby validated, notwithstanding any provisions of 
general or special law. 

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

Approved February 25, 1948. 



Acts, 1948. — Chaps. 81, 82. 63 

An Act authorizing the city of Cambridge to use sur- Qfiaj) 81 
PLUS income of its water department for an addi- 

TIONAL purpose. 

Be it enacted, etc., as foUoivs: 

Section 1. Section 3 of chapter 161 of the acts of 1946 
is hereby amended by inserting after the word "Laws" in 
Hne 6 the words: — , or for a swimming pool, the cost of 
which shall not exceed one hundred and fifty thousand 
dollars, — so as to read as follows: — Section 3. Not- 
withstanding the provisions of section two, whenever the 
surplus income of the water works shall exceed the sum of 
three hundred thousand dollars, such excess may be used 
by the city of Cambridge for any purpose for which the city 
may borrow under sections seven and eight of chapter 
forty-four of the General Laws, or for a swimming pool, the 
cost of which shall not exceed one hundred and fifty thousand 
dollars, under the following conditions: — 

(a) The city auditor of the city of Cambridge and the 
director of accounts of the commonwealth shall both certify 
the amount of the surplus income. 

(6) Appropriations from the amount thus certified, so 
far as such amount is in excess of three hundred thousand 
dollars, shall be made, upon the recommendation of the 
Cambridge water board and the city manager, by the city 
council of the city of Cambridge. 

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

Approved February 25, 1948. 



An Act relative to the auditing of accounts of Chav 82 

DISTRICTS. 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 40, as most recently amended by section ftci, 'amended'. 
6 of chapter 298 of the acts of 1947, and inserting in place 
thereof the following section: — Section Ifi. The director Auditing of 
shall cause an audit to be made of the accounts of all cities d?st°i^ts! °' 
and towns and of all fire, water, light and improvement regulated, 
districts of the commonwealth and may cause subsequent 
audits to be made of the accounts of each city and town 
annually, and of the accounts of each fire, water, light and 
improvement district as often as once in two years or annu- 
ally at the request of the prudential committee or commis- 
sioners, and for this purpose he, and his duly accredited 
agents, shall have access to all necessary papers, books and 
records. All accounts subject to audit by town auditors 
under section fifty-three of chapter forty-one shall be sub- 
ject to audit by the director, and the 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 



64 Acts, 1948. — Chaps. 83, 84, 85. 

inhabitants of the town or any part thereof, shall give the 
director, or his duly accredited agents, access to their ac- 
counts, funds, securities and evidences of property for the 
purposes of the audit. Upon the completion of each audit, 
as aforesaid, a report thereunder shall be made to the mayor 
and city government in cities, to the selectmen in towns, and 
to the prudential committee and commissioners in a district, 
and a copy of the same shall be furnished to the city, town 
or district clerk, who shall cause the same or a summary of 
its essential features to be published at the expense of the 
city, town or district. The director, in his discretion, may 
give preference to audits upon petitions under section 
thirty-five or thirty-six over audits under this section. 

Approved February 25 ^ 1948. 



Chap. 83 An Act authorizing the town of barnstable to author- 
ize THE VILLAGE OR DISTRICT OF W^EST BARNSTABLE TO 
ESTABLISH AN IMPROVEMENT DISTRICT. 

Be it enacted, etc., as follows: 

The town of Barnstable is hereby authorized at an annual 
or special town meeting to authorize the village or district 
of West Barnstable to establish an improvement district 
under the terms and conditions as set forth in section forty- 
four of chapter forty of the General Laws. 

Approved February 25, 1948. 

Chap. 84 A^ ^^'^ RELATIVE TO THE VERIFICATION BY CITY AND TOWN 
AUDITORS OF CASH -BALANCES OF TRUSTEES OF PUBLIC 
TRUSTS. 

Be it enacted, etc., as follows: 

G. L. (Ter.^ Section 53 of chapter 41 of the General Laws, as appear- 

amended.^ "''^' ing in the Tercentenary Edition, is hereby amended by strik- 
ing out the last sentence and inserting in place thereof the 
Verification of followiug Sentence I — They shall, at least once in each 
tmatl ° ^"' " year, verify the cash balance of such trustees by actual count 
of the cash and by reconciliation of bank balances, and shall 
insert in their annual report their certificate under oath of 
the facts so found ; provided, however, that they need not 
so verify the cash balance by actual count of the cash if the 
trustee is a bank, banking association or trust company. 

Approved February 25, 1948. 

Chap. 85 An Act to authorize the town of Orleans to construct 
and equip an addition to the fire house in said 
town. 

Be it enacted, etc., as follows: 

The town of Orleans shall be relieved from compliance 
with the provisions of sections forty-four A to forty-four D, 
inclusive, of chapter one hundred and forty-nine of the 



Acts, 1948. — Chaps. 86, 87. 65 

General Laws in providing for the construction of an addi- 
tion to the fire house; and said town is hereby authorized 
to purchase the necessary materials and equipment and 
construct said addition by day labor; provided, that the 
appropriation voted by the town for said construction may 
not be exceeded, and provided, further, that in the con- 
struction of the said fire house no materials or supplies the 
estimated cost of which exceeds five hundred dollars shall be 
acquired until competitive bids have been secured and that 
all contracts awarded for such materials and supplies shall 
be awarded to tlie lowest responsible bidder. 

Approved February 25, 1948. 



An Act establishing the office of puechasing agent (Jhav. 86 
IN the city of malden. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the city of 
Maiden a purchasing department, to consist of a purchasing 
agent and such assistants as the city council may determine. 
The salaries of the purchasing agent and assistants shall be 
determined by the city council. The agent and assistants 
shall be appointed by the mayor for such terms of office as 
may be prescribed by ordinance. The purchasing agent 
shall purchase all supplies for the city and for every de- 
partment thereof except in case of emergency. All pur- 
chases or contracts for purchases exceeding one hundred 
dollars in amount shall be based upon competition. A 
record shall be kept by the department of the prices paid 
for the supphes, and shall be open to the inspection of any 
citizen. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the city of Maiden, subject 
to the provisions of its charter, but not otherwise. 

Approved February 25, 1948. 



An Act combining the cemetery commission and the (Jfiap. 87 

PARK commission OF THE TOWN OF LYNNFIELD. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the town of 
Lynnfield a park and cemetery commission, to consist of 
three members. The initial members thereof shall be elected, 
one to serve for one year, one for two years, and one for three 
years, from the date of the annual meeting at which they 
are elected, and thereafter when the term of any member 
expires, his successor shall be elected to serve for three 
years. In all cases the members shall serve until their suc- 
cessors are elected and qualified. The members of said 
commission shall, after each election, elect one of their 



66 Acts, 1948. — Chap. 88. 

members to act as chairman for the ensuing year. If a 
vacancy occurs in said commission, the remaining members 
may fill such vacancy until the next annual town meeting, 
when a new member shall be elected to fill the unexpired 
term. No person shall serve on said commission who holds 
another elective or appointive office in the town. 

Section 2. Upon the election and qualification of the 
members of said commission, it shall have all the powers 
and duties now vested in the cemetery commission and the 
park commission and said commissions shall be abolished 
and the several terms of office of the members of said com- 
missions shall terminate. 

Section 3. This act shall be submitted for acceptance 
to the voters of the town of Lynnfield at a town meeting, 
held not later than the year nineteen hundred and forty- 
nine, in the form of the following question which shall be 
placed upon the oflScial ballot to be used at such meeting: — 
"Shall an act passed by the general court in the year nine- 
teen hundred and forty-eight, entitled 'An Act combining 
the Cemetery Commission and the Park Commission of the 
Town of Lynnfield', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, this 
act shall take full effect on January first next following. 

Approved February 25, 1948. 



Chap. 88 An Act authorizing savings banks to deposit money 
IN certain banking companies and increasing the 

AMOUNTS SAVINGS BANKS MAY DEPOSIT IN TRUST COM- 
PANIES AND NATIONAL BANKING ASSOCIATIONS. 

Be it enacted, etc., as follows: 

GjL. (T|r. Clause Seventh of section 54 of chapter 168 of the Gen- 

§ 54.' ci. ' eral Laws, as most recently amended by section 6 of chapter 
ame^nded.^*"" 215 of the acts of 1943, is hereby amended by striking out 
the last paragraph and inserting in place thereof the follow- 
ing paragraph : — 
Savincs A savings bank may deposit not more than five per cent 

dtpolir*^ of its deposits in any national banking association doing 
Mnain'" business within this commonwealth or in any trust com- 

banking^oom- pany incorporated under the laws of and doing business 
within this commonwealth or in any banking company in- 
corporated under the laws of and doing business within 
this commonwealth and qualified to receive demand depos- 
its under the provisions of section six A of chapter one 
hundred and seventy-two A; but such deposits shall not 
exceed twenty-five per cent of the capital stock and surplus 
fund of such association, trust company or banking com- 
pany. Approved February 25, 19^8 . 



panies, etc. 



Acts, 1948. — Chaps. 89, 90, 91. 67 

An Act authorizing the appropriation of money by Qlidj) fiO 

CITIES AND TOWNS FOR THE ACQUISITION OF LAND FOR, 
AND THE ESTABLISHMENT OF, PUBLIC BATHING BEACHES. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby g. l. (Xer. 
amended by striking out clause (25A), inserted by section 6 f I^cM^sa). 
of chapter 358 of the acts of 1946, and inserting in place ^*'=- amended, 
thereof the following : — 

(25 A) For acquiring land for, and the establishment, p°Y''"" *° 

. 1 .. r*iii*ii !• make appro- 

maintenance and supervision oi, bathmg beaches and swim- priations. 
ming pools for recreation and physical exercise. 

Approved February 25, 1948. 

An Act relative to loans by savings banks for financ- Chap. 90 

ING THE REPAIR AND REHABILITATION OF CERTAIN REAL 
ESTATE mortgaged TO SUCH BANKS. 

Be it enacted, etc., as follows: 

Section 54 of chapter 168 of the General Laws is hereby g. l. (Xer. 
amended by striking out clause Tenth A, as amended by filll^^' 
chapter 162 of the acts of 1945, and inserting in place thereof J^^l^i^' ^^^ • 
the following : — 

Tenth A. In loans to owners of improved real estate, Loans for 
upon which such corporation holds mortgages, for the pur- of'^c^e'rta^lf" 
pose of financing the repair, alteration or rehabilitation {.""[Mute 
thereof or the purchase and installation of fixtures to be 
affixed thereto; provided, that any such loan shall not ex- 
ceed one thousand dollars, exclusive of interest or discount 
from the date of the note, with respect to any one parcel of 
such real estate, shall be payable at a time not exceeding 
five years from the date thereof, and that the terms of the 
note shall require payments to be made on account of the 
principal in equal monthly installments, such payments to 
commence not later than one month after the date of the 
note, and to be in amounts which, at the maturity of the 
note, shall equal the original amount of the loan; or that 
such terms 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; and provided, further, that 
the total of all such loans outstanding at any one time shall 
not exceed two per cent of the deposits and income of such 
corporation. Approved February 25, 1948. 

An Act further providing for the continuation of phnqj oi 
the present lawful itse of certain buildings pend- ^' 

ING the issuance OF CERTAIN CERTIFICATES OF INSPEC- 
TION. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, v/hich is to continue for a further 
period of one year from March first of the current year the 



68 



Acts, 1948. — Chap. 92. 



provisions of the law hereby amended, therefore it is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 3 of the acts of 1944, 
as most recently amended by chapter 149 of the acts of 
1947, is hereby further amended by striking out, in line 10, 
the word "forty-eight" and inserting in place thereof the 
word : — forty-nine, — so as to read as follows : — Section 1 . 
Any acknowledgment of an application to an inspector, as 
such term is defined 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-nine in like manner and with 
like effect for such further periods of not more than ninety 
days each as circumstances may require, pending the grant- 
ing or refusal of the certificate. Such an acknowledgment 
may be revoked by an inspector, without a hearing and 
without the assignment of any cause therefor, at any time 
when in his opinion the public safety requires. 

Section 2. This act shall take effect on March first in 
the current year. Approved February 26, 1948. 



Chap. 92 ^^ ■'^CT FURTHER REGULATING INVESTMENTS BY SAVINGS 
BANKS OF DEPOSITS AND THE INCOME DERIVED THERE- 
FROM IN CERTAIN BONDS, NOTES AND OTHER INTEREST- 
BEARING OBLIGATIONS. 



F]inergency 
preamble. 



G. L. (Tor. 
Ed.). 108, 
§ M, cl. 
Fifth A, etc., 
amended. 



Otiiw bondu 
of telephone 
rompanies. 



Whereas, Certain bonds, heretofore eligible for invest- 
ment of deposits and the income therefrom of savings banks 
and trust companies in their savings department, have be- 
come or will become temporarily ineligible for such invest- 
ment, and it is in the public interest that the removal of 
such temporary ineligibility as provided by this act should 
be effected as soon as possible, therefore this act is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Clause Fifth A of section 54 of chapter 168 
of the General Laws, inserted by section 5 of chapter 413 
of the acts of 1941, is hereby amended by striking out sub- 
division (3) and inserting in place thereof the following: — 

(3) provided, further, that: 

(a) At the end of the fiscal year iinniediately preceding 
the date of investment except as otherwise provided in sub- 
section (c) of clause Fifth C, such bonds, whether secured 



Acts, 1948. — Chap. 93. 69 

by collateral or whether unsecured debentures, together 
with all other indebtedness of such company, both funded and 
current, shall total not more than fifty-five per cent of the 
sum of the depreciated value of the fixed property, the cash 
accounts, the receivables, and inventories of materials and 
supplies, all as shown by its books; and that 

(6) Such collateral trust or debenture bonds shall be 
issued under an indenture by the terms of which no bonds 
secured by an existing mortgage may be issued in excess of 
the amount outstanding under such mortgage at the date 
of such indenture and any new mortgage, other than a pur- 
chase money mortgage, which may thereafter be placed on 
property of the company shall secure such collateral trust or 
debenture bonds at least equally and ratably with any other 
debt to be secured thereby. 

Section 2. Clause Fifth B of said section 54, as so in- g. l. (Ter. 
serted, is hereby amended by striking out subdivision (3) . fti' li^' 

Section 3. Clause Fifth D of said section 54, as so in- Fifth b, etc.. 
serted, is hereby amended by adding at the end thereof the g l (Ter 
following:- Ed^).i68. 

This provision shall limit, by inclusion, any amounts in- Fifth d. etc., 
vested in bonds of telephone companies authorized for in- ^"^^l^'^^^- 

, , *^.. ~'^,,... /\ci Limitation. 

vestment under the provisions oi subdivision (c) oi clause 
Fifteenth. 

Section 4. Subdivision (8) of clause Sixth A of said ej^}J|"'- 
section 54, added by section 5 of chapter 236 of the acts of §54,'ci. 
1947, is hereby amended by adding at the end thereof the amended^**'" 
following: — This provision shall limit, by inclusion, any 
amounts invested in bonds of companies engaged in the sale 
and distribution of electricity or gas or both authorized for 
investment under the provisions of subdivision (c) of clause 
Fifteenth, — so that subdivision (8) will read as follows: — 

(8) Not more than twenty per cent of the deposits of fo^mpanT"^"" 
any such bank shall be invested in bonds under this clause, securities. 
nor shall more than two per cent of such deposits be in- 
vested in the bonds of any one such corporation. This pro- 
vision shall limit, by inclusion, any amounts invested in 
bonds of companies engaged in the sale and distribution of 
electricity or gas or both authorized for investment under 
the provisions of subdivision (c) of clause Fifteenth. 

Approved March 1, 191^8. 



An Act re-defining the term "motor vehicles" as QJidjy 93 

USED IN the motor VEHICLE LAWS. 

Be it enacted, etc., as follows: 

Section 1 of chapter 90 of the General Laws, as amended, g^ ^ ^"^ i 
is hereby further amended by striking out the paragraph etc. 'amended, 
defining motor vehicles as appearing in chapter 36 of the 
acts of 1938, and inserting in place thereof the following: — 

"Motor vehicles", all vehicles propelled by power other "Motor 

vehiclee", 



70 Acts, 1948. — Chaps. 94, 95. 

difi^ned ^^^^ muscular power, except railroad and railway cars, 

vehicles operated by the system known as trolley motor or 
trackless trolley under chapter one hundred and sixtj^-three 
or section ten of chapter five hundred and forty-four of the 
acts of nineteen hundred and forty-seven, vehicles running 
only upon rails or tracks, vehicles used for other purposes 
than the transportation of property and incapable of being 
driven at a speed exceeding twelve miles per hour and which 
are used exclusively for the building, repair and mainte- 
nance of highways or designed especially for use elsewhere 
than on the travelled part of ways, wheelchairs owned and 
operated by invalids and vehicles which are operated or 
guided by a person on foot. In doubtful cases, the registrar 
may determine whether or not any particular vehicle is a 
motor vehicle as herein defined. If he determines that it 
should be so classified, he may require that it be registered 
under this chapter, but such determination shall not be 
admissible as evidence in any action at law arising out of 
the use or operation of such vehicle previous to such deter- 
mination. Approved March 1, 1948. 

Chap. 94 An Act providing for the determination by the reg- 
istrar OF MOTOR VEHICLES OF THE HORSE POWER OF 
MOTOR VEHICLES SOUGHT TO BE REGISTERED. 

Be it enacted, etc., as follows: 
G. L. (Ter. The last paragraph of section 2 of chapter 90 of the Gen- 

§ 2, etc..' eral Laws, as amended by chapter 54 of the acts of 1933, is 

amended. hereby further amended by striking out, in lines 7 and 8, 

the words "commissioner of public works" and inserting 

in place thereof the word : — registrar, — so as to read as 

follows : — 
Registrar of If the registrar shall determine at any time that, for any 

motor vehicles , i-i j ^^ • e • i 

to determine reasou, a motor vehicle or trailer is unsafe or improperly 
etT^ '^"''*^'^' equipped or otherwise unfit to be operated, he may refuse 
to register such motor vehicle or trailer or, if it is already 
registered, may suspend or revoke its registration. The 
horse power of every motor vehicle sought to be registered 
shall be determined by the registrar, and his determination 
shall be final and conclusive. The registration of every 
motor vehicle and trailer registered under this section shall 
expire at midnight on December thirty-first of each year. 

Approved March 1, 1948. 

Chap. 95 An Act enabling the town of milton to sell and con- 
vey A PORTION OR portions OF CERTAIN LAND IN EAST 
MILTON ACQUIRED BY IT IN PART FOR PLAYGROUND PUR- 
POSES AND IN PART FOR SCHOOL OR OTHER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may sell, at public auc- 
tion or private sale, and convey, the whole or any part or 
parts of a certain parcel of real estate situated in said town 



Acts, 1948. — Chap. 95. 71 

which was acquired in part for playground purposes and in 
part for school or other purposes and is no longer needed 
for public use, and shall use the proceeds of such sale for 
the purposes stated in section sixty-three of chapter forty- 
four of the General Laws. One of the parcels proposed to 
be sold by the town is shown as parcel "A", containing 
twenty-seven thousand eight hundred and eighty-seven 
square feet, on a plan entitled "Town of Milton, Plan show- 
ing Land Proposed to be acquired by the Town of Milton — 
also — Land Proposed to be Transferred to the Roman 
Catholic Archbishop of Boston, July - 1947, Forrest J. May- 
nard, Town Engineer,", and the other parcel proposed to 
be sold by the town is shown in crosshatching, containing 
one thousand four hundred and twenty-seven square feet, 
on a plan entitled "Town of Milton, Plan of Land to be 
transferred to Private Ownership, December, 1947, Forrest 
J. Maynard, Town Engineer." 

Said parcel "A" is bounded and described as follows: — 
Beginning at a stone bound in the southeasterly line of the 
old "East Milton school house lot" in the northeasterly 
side line of Adams street at land of the Roman Catholic 
Archbishop of Boston; thence running northwesterly on 
said Adams street eighty-one and forty-five one-hundredths 
feet to a stone pier; thence running northeasterly along a 
stone wall bounded by land of the said Roman Catholic 
Archbishop of Boston two hundred and seventy-five feet to a 
point at parcel "B" on said plan first mentioned above; 
thence running northeasterly by other land of the town 
of Milton one hundred and six feet to a point at the south 
corner of parcel "C" on said first plan; thence running 
southeasterly by land of the said Roman Catholic Arch- 
bishop of Boston forty-six and seventy-six one-hundredths 
feet to a point ; thence running southeasterly and southwest- 
erh'- on a curved line by land of said Roman Catholic Arch- 
bishop of Boston one hundred and twenty-eight and twenty- 
one one-hundredths feet to a point as shown on said first plan; 
thence running southwesterly by land of the said Roman 
Catholic Archbishop of Boston two hundred and fifty feet 
to the point of beginning at said Adams street. The sale 
and conveyance of said parcel "A" shall be subject to an 
easement of the town of Milton for sewer and drain pur- 
poses over a strip of land ten feet wide shown on said first 
plan. 

Said other parcel shown in crosshatching on the second 
plan above referred to is bounded and described as follows: 
— Beginning at the northeast corner of the lot of Joseph 
and Margaret Daigle on the southerly side line of Wood- 
ward court as shown on said second plan and running 
southeasterly in a straight line eighty-eight and six one- 
hundredths feet to a common point of intersection of land 
of the Roman Catholic Archbishop of Boston, the town of 
Milton, and said Daigle (which common point of intersec- 



72 



Acts, 1948. — Chaps. 96, 97. 



tion is shown on said first plan) ; thence turning at an angle 
of twenty-eight degrees, twenty-one minutes, and no seconds 
and running northerly in a straight line by other land of 
the town of Milton forty-seven and fifty one-hundredths 
feet; thence running on a curved hne northerly, north- 
westerly and westerly by said land of the town of Milton 
forty-seven and twelve one-hundredths feet; and thence 
running westerly by said land of the town of Milton eleven 
and eighty-two one-hundredths feet to the point of begin- 
ning. The sale and conveyance of said parcel shown in 
crosshatching on said second plan shall be subject to an 
easement of the town of Milton for sewer and drain pur- 
poses over a strip of land ten feet wide shown on said plan. 

Section 2. Action hereunder may be taken by the town 
at the annual meeting to be held in nineteen hundred and 
forty-eight, but not thereafter, except so far as is necessary 
to carry out the provisions of any vote passed at said meet- 
ing or to use as aforesaid the proceeds of said sale. 

Section 3. Chapter 31 of the acts of the current year 
is hereby repealed. 

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

Approved March 2, 1948. 



Chap. 96 An Act providing for the use of photostatic copies of 

DISCHARGE PAPERS OF VETERANS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 115 of the General Laws, as appear- 
ing in section 1 of chapter 584 of the acts of 1946, is hereby 
amended by inserting after section 3 the following section : — 
Section 3A. Whenever a veteran shall be required by gen- 
eral or special law to file or exhibit a certificate of discharge 
from the armed forces of the United States, the filing or 
exhibition of a photostatic copy of such discharge shall be 
deemed sufficient to comply with the requirements of such 
law. 

Section 2. This act shall not apply in the case of per- 
sons making apphcation for the veterans' bonus, so called, 
under the provisions of chapter seven hundred and thirty- 
one of the acts of nineteen hundred and forty-five, as 
amended. Approved March 2, 19^8. 



G. L. (Ter. 
Ed.), 115, 
new § 3.\, 
added. 

Photostatic 
copy of dis- 
charge suf- 
ficient under 
law. 



Exception. 



Chap. 97 An Act further regulating age limits of persons in 

THE MILITIA OF THE COMMONWEALTH. 



G. L. (Ter. 
Ed.), 33. § 2, 
etc., amended. 



Age limit 
of persons 
in state 
militia. 



Be it enacted, etc., as follows: 

Section 2 of chapter 33 of the General Laws, as appearing 
in section 1 of chapter 425 of the acts of 1939, is herebj^ 
amended by striking out, in line 4, the word "eighteen" 
and inserting in place thereof the word: — seventeen, — so 
as to read as follows : — Section 2. The militia of the com- 
monwealth shall consist of all able-bodied male citizens and 



Acts, 1948. — Chap. 98. - 73 

all other able-bodied males who have declared their intention 
to become citizens of the United States, between the ages of 
seventeen and forty-five, and who are residents of the com- 
monwealth, and of such other persons as may, upon their 
own application, be enlisted or commissioned therein pur- 
suant to any provision of this chapter, subject, however, 
to such exemptions as are now, or may be hereafter, created 
by law. Approved March 2, 1948. 



An Act increasing the amount of commissions which nhnj, ge 

MAY BE PAID TO CERTAIN EMPLOYEES OF LIFE INSURANCE ^' 

companies WITH RESPECT TO CERTAIN POLICIES ISSUED 
ON THE LIVES OF SUCH EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 184 of chapter 175 of the General Laws, as most ^j^}^!''- 
recently amended by chapter 531 of the acts of 1947, is §'i84, etc.. 
hereby further amended by striking out the word "ten", *"'«"<!«''*• 
in line 19, as appearing in chapter 103 of the acts of 1937, 
and inserting in place thereof the word : — twenty-five, — 
so as to read as follows: — Section I84. Sections one hun- payment of 
dred and eighty-two and one hundred and eighty-three shall toTmpioy" 
apply to all kinds of insurance, including contracts of cor- eeaofiife 
porate suretyship, except insurance of vessels or craft, their companies, 
cargoes, marine builders' risks, marine protection and in- 
demnity, or other risks commonly insured under marine, as 
distinguished from inland marine, insurance policies. The 
said sections shall not prohibit any company from paying 
a commission to another company or to any person who is 
duly licensed as an insurance agent of such company or as 
an insurance broker and who holds himself out and carries 
on business in good faith as such, or prohibit any such per- 
son or any company from receiving a commission in respect 
to any policy under which he or it is insured, or in respect 
to any annuity or pure endowment contract held by him; 
nor shall said sections prohibit a life company from paying 
to any one of its employees, other than an insurance agent, 
who has been employed by it for at least one year a commis- 
sion or commissions, or such employee from receiving a com- 
mission or commissions, in respect to so much of the face 
amount of any pohcy or policies of insurance on his life at 
any time outstanding as does not exceed twenty-five thou- 
sand dollars; nor shall said sections apply to (1) a distri- 
bution, without special favor or advantage, by mutual com- 
panies to policyholders of savings, earnings or surplus with- 
out specification thereof in the policy, or (2) the furnishing 
to the insured of information or advice by any company, 
officer, agent or broker with regard to any risk for the pur- 
pose of reducing the liability of loss, or (3) the payment or 
allowance to the insured of a return premium upon the can- 
cellation or surrender of a policy, or of a cash surrender or 



74 Acts, 1948. — Chap. 99. 

other value upon the lapse or surrender of a policy of life 
or endowment insurance or upon the exchange, alteration 
or conversion of any such policy under section one hundred 
and thirty-nine. Approved March 2, WJtS. 



Chap. 99 An Act authorizing wyman-gordon company to main- 
tain TWO BRIDGES OVER GOLD STREET IN THE CITY OF 
WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice 
inserted in at least two newspapers published in the city of 
Worcester, and a pubhc hearing thereon, the city council 
of said city may, by a two thirds vote, with the approval of 
the mayor, issue a permit to Wyman-Gordon Company, a 
corporation, its successors and assigns, to maintain two 
bridges over Gold street in said city for the purpose of con- 
ducting plant faciUties between the property owned and 
occupied by said corporation on opposite sides of said street, 
upon sucji conditions and subject to such restrictions as the 
said council may prescribe. 

Section 2. Said bridges shall be maintained in their 
present form and shall be not less than eighteen feet above 
the grade line of the street, not more than three feet in 
width and no part of said bridges or their supports shall 
rest on the surface of the street. 

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

Section 4. If any part or section of this act be de- 
clared unconstitutional, the validity of its remaining pro- 
visions shall not be affected thereby. 

Section 5. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, subject to the provisions of its charter. 

Approved March 2, 1948. 



Acts, 1948. — Chaps. 100, 101. 75 

An Act further regulating investments by banking Chap.lOO 

COMPANIES IN LOANS SECURED BY MORTGAGES OF REAL 
ESTATE. 

Be it enacted, etc., as follows: 

Section 7 of chapter 172A of the General Laws is hereby g. l. (Ter. 
amended by striking out clause Fourth, inserted by sec- f yi^cL^^"^' 
tion 2 of chapter 192 of the acts of 1945, and inserting in Fourth, etc., 
place thereof the following clause : — me e . 

Fourth. In first mortgages of improved real estate located o/^undaln*^ 
in a city or town within fifteen miles of the main office of first mort- 
the corporation, but not more than one third of the whole s'^^^'' '""''°^- 
amount of certificate funds of the corporation shall be so 
invested. No loan on mortgage shall be made except upon 
written application, showing the date, name of applicant, 
amount asked for and security offered, nor except upon the 
report of not less than two members of the executive com- 
mittee, who shall certify on said application, according to 
their best judgment, the value of the premises to be mort- 
gaged; and such application shall be filed and preserved 
with the records of the corporation. Each such loan shall 
be made for a period of not less than one year nor more 
than fifteen years from the date of the note, and the note 
shall require repayment of the amount loaned in substan- 
tially equal instalments, to commence not later than one 
month from the date of the note, and to be paid at inter- 
vals of not exceeding one month. No such loan shall ex- 
ceed seventy-five per cent of the value of the premises to 
be mortgaged, nor shall it be made for a sum in excess of 
ten thousand dollars. Approved March 2, 1948. 



An Act authorizing banking companies to make loans Chav.^^^ 

INSURED BY THE FEDERAL HOUSING ADMINISTRATOR. 

Be it enacted, etc., as follows: 

Section 51 of chapter 167 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 89 of the acts of 1947, is hereby § si.'et^c' 
further amended by inserting after the word "banks", the a^wended. 
second time the same appears in line 4, as appearing in sec- 
tion 1 of chapter 66 of the acts of 1945, the words: — , bank- 
ing companies, — by inserting after the word "bank", the 
second time the same appears in line 5, as so appearing, 
the words : — , banking company, — and by inserting after 
the word "bank", in line 27, as so appearing, the words: 
— , banking company, — so as to read as follows : — Sec- Banking com- 
tion 61. Subject to such regulations as the commissioner pTkTi^M 
of banks deems to be necessary or advisable in respect to Iglgr^f ^^ 
trust companies, savings banks, co-operative banks, banking housing 
companies or credit unions, any trust company, savings '^'i"^'"'^^'"**^'"' 
bank, co-operative bank, banking company or credit union 
organized under the laws of this commonwealth is author- 
ized: — (a) to make such loans and advances of credit to 



76 Acts, 1948. — Chap. 102. 

residents of the commonwealth and purchases of obUga- 
tions representing such loans and advances of credit to resi- 
dents of the commonwealth as are insured by the federal 
housing administrator, and to obtain such insurance; (b) to 
make and acquire such loans secured by mortgages on real 
property in this commonwealth as the federal housing ad- 
ministrator insures or gives commitments to insure, and to 
obtain such insurance; (c) to collect and apply payments 
due upon and otherwise to service any mortgage loan origi- 
nated by it and insured by the federal housing administra- 
tor, and with respect to such mortgage loan to make agree- 
ments with any mortgagees approved by the federal housing 
administrator to collect and apply payments due upon and 
otherwise to service am^ such mortgage loan. With respect 
to the obligation of any mortgage contract entered into 
under any provision of this section, for the hfe of said obli- 
gation, no provision of law limiting the ratio of a mortgage 
loan to the value of the property or the term of the mort- 
gage, or limiting the power of any trust company, savings 
bank, co-operative bank, banking company or credit union 
to make loans other than those secured by mortgages upon 
real estate shall apply to loans made pursuant to this sec- 
tion and subject to regulations referred to herein, but noth- 
ing contained herein shall be deemed to abridge any power 
or authority conferred upon the commissioner of banks by 
any other provision of law. Notwithstanding the foregoing, 
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 geographical 
limits contained in clause First of section fifty-four of chap- 
ter one hundred and sixty-eight, and a co-operative bank 
may make mortgage loans hereunder within the geographi- 
cal limits contained in section thirty-six A of chapter one 
hundred and seventy. Approved March 2, 1948. 



Chap.102 -^N ^^T TO AUTHORIZE THE TOWN OF HOPEDALE TO APPRO- 
PRIATE FROM OVERLAY SURPLUS AND BORROW MONEY 
FOR CONSTRUCTING AN ADDITION TO THE HIGH SCHOOL 
BUILDING, 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to the high school building to be used as a gymnasium and 
originally equipping and furnishing said addition, the town 
of Hopedale may appropriate not more than fifteen thousand 
dollars from its overlay surplus and may borrow, from time 
to time, within a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding, in the 
aggregate, one hundred thousand dollars, and may issue 
bonds or notes of the town therefor, which shall bear on 
their face the words, Hopedale High School Building Loan, 



Acts, 1948. — Chaps. 103, 104. 77 

Act of 1948. Each authorized issue shall constitute a separate 
loan and said 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 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 4, 1948. 



Chap. lOS 



An Act changing the name of the charlemont fire 
district to charlemont water district. 

Be it enacted, etc., as follows: 

Section 1, Chapter 231 of the acts of 1931, as amended, 
is hereby further amended by striking out therein the words 
"Charlemont Fire District" wherever they may appear and 
inserting in place thereof the words : — Charlemont Water 
District. Such change of name shall not in any way affect 
the validity of any obligations assumed or action taken by 
the Charlemont Fire District prior to the passage of this act. 

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

Approved March 5, 1948. 



An Act authorizing the town of norw^ell to borrow Chav.104: 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folloics: 

Section 1. For the purposes of constructing a school 
building, and originally equipping and furnishing such 
building, the town of Norwell 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 Norwell School Building Loan, Act of 1948. 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. This act shall take effect upon its passage. 

Approved March 5, 1948. 



78 Acts, 1948. — Chaps. 105, 106, 107. 

Chav.105 An Act to authorize the city of Gloucester to bor- 
row MONEY FOR THE CONSTRUCTION AND FURNISHING 
OF TWO ELEMENTARY SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing two ele- 
mentary school buildings and originally equipping and 
furnishing said buildings, the city of Gloucester may borrow, 
from time to time, within a period of five years from the 
passage of this act, such sums as may be necessary, not ex- 
ceeding, in the aggregate, six hundred thousand dollars, 
and may issue bonds or notes of the city therefor, which 
shall bear on their face the words, Gloucester School Loan, 
Act of 1948. 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, including the limitation contained in 
the first paragraph of section seven thereof. 

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

Approved March 5, 1948. 



Chap.lOQ An Act increasing the amount of property that may 

BE held by northeastern UNIVERSITY. 

Be it enacted, etc., as follows: , 

Northeastern University, a corporation organized under 
the general law, is hereby authorized to hold real and per- 
sonal estate to an amount not exceeding fifteen million dol- 
lars, to be used for the purposes of said corporation as set 
forth in its charter or certificate of incorporation or in any 
amendment thereof. Approved March 5, 1948. 



Chap.107 An Act relative to the number of trustees of st. 
mark's school and to the establishment of a quorum. 

Be it enacted, etc., as follows: 

Section 2 of chapter 106 of the acts of 1865, as amended 
by section 1 of chapter 42 of the acts of 1914, is hereby 
further amended by striking out, in line 2, the word "thir- 
teen" and inserting in place thereof the word: — twenty- 
one, — and by striking out, in line 5, the word "five" and 
inserting in place thereof the word : — seven, — so as to 
read as follows : — Section 2. Said board of trustees shall 
consist of not less than seven nor more than twenty-one 
members, and shall have power to fill vacancies in their 
own number: provided, that no corporate business shall be 
transacted at any meeting of said board unless seven mem- 
bers of the trustees are present. 

Approved March 5, 1948. 



Acts, 1948. — Chaps. 108, 109, 110. 79 

An Act reducing the age requirement for applicants Qhav 108 

FOR registration AS REGISTERED NURSES. ^' 

Be it enacted, etc., as follows: 

Section 74 of chapter 112 of the General Laws, as appear- g. l. (Ter. 
ing in section 3 of chapter 620 of the acts of 1941, is hereby ^tl! amended^' 
amended by striking out, in line 8, the word "twenty-one" 
and inserting in place thereof the word : — twenty, — so that 
the third sentence will read as follows : — An applicant who Age of appii- 
furnishes satisfactory proof that he is at least twenty, of reSst/atb.i 
good moral character and a graduate of a school for nurses as registered 
approved by the approving authority for schools for nurses "e^^^fted. 
and schools for attendants established by section fifteen A 
of chapter thirteen, in this section and in sections seventy- 
four A, seventy-five and eighty-one A to eighty-one C, in- 
clusive, referred to as the approving authority, shall, upon 
payment of five dollars, be examined by the board, and, if 
found qualified, shall be registered, with a right to use the 
title registered nurse and to practice as such, and shall re- 
ceive a certificate thereof from the board, signed by its 
chairman and secretary. Approved March 5, 1948. 



An Act relative to the open season on salmon and Qfiaj) 109 
TO the taking or possessing of sunfish and blue- 
gills. 

Be it enacted, etc., as follows: 

Section 1. Section 45 of chapter 131 of the General ^j^^-j^Jf^ ^5 
Laws, as appearing in chapter 599 of the acts of 1941, is etc., ameAded. ' 
hereby amended by striking out, in the table under the 
open season for salmon, the date "Feb. 15" and inserting 
in place thereof the date: — July 31. 

Section 2. Said section 45 is hereby further amended Ed)',iJr§ 45. 
by adding after the word "of" the second time the same etc!, 'further 
appears in line 3 of the next to the last paragraph the fol- ^""^^ 
lowing : — common sunfish specifically known as Eupomotis 
Cibbosus, bluegills, — so that said paragraph will read as 
follows : — 

No person shall in any one calendar day, except as provided buTe^us*"^ 
in section forty-eight, take or have in his possession more regulated. 
than twenty fish in the aggregate of all kinds, exclusive of 
common sunfish specifically known as Eupo7notis Cibbosus, 
bluegills, suckers, eels and carp, from the inland waters of 
the commonwealth. Approved March 5, 1948. 



An Act relative to the taking of shiners for commer- Chap. 110 

CIAL purposes. 

Be it enacted, etc., as follows: 

Section 48 of chapter 131 of the General Laws, as appear- ^js"{Jf -c ^g 
ing in section 2 of chapter 599 of the acts of 1941, is hereby etc., 'amended. ' 



80 



Acts, 1948. — Chaps. Ill, 112. 



amended by adding after the word "waters" in line 10 the 
following : — , except great ponds and waters which in whole 
or in part are held under lease as public fishing grounds, . 

Approved March 5, 1948. 



G. I>. (Tor. 
Ed.), 12. § 24, 
amende<l. 



Certain 
expenses to 
be paid by 
the county. 



Chap.lll An Act relative to the payment of certain expenses 

INCURRED BY DISTRICT ATTORNEYS IN EXTRADITION PRO- 
CEEDINGS. 

Be it enacted, etc., as follows: 

Section 24 of chapter 12 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by inserting 
after the word "indictment" in line 7 the words: — or 
against whom complaints are pending, — so as to read as 
follows: — Section 2^. A district attorney, in the name 
of any county in his district, may contract such bills for 
stationery, experts, travel outside of the commonwealth 
by witnesses required by the commonwealth in the prosecu- 
tion of cases, for necessary expenses incurred by himself 
or by officers and others under his direction in going outside 
of the commonwealth for the purpose of searching for or 
bringing back for trial persons under indictment or against 
whom complaints are pending in said county, and for such 
other expenses as may in his opinion be necessary for the 
proper conduct of his office in the investigation of or prep- 
aration and trial of criminal causes; and all such bills 
shall be paid by the county for the benefit of which they 
were contracted upon a certificate by the district attorney 
that thej^ were necessarily incurred in the proper performance 
of his duty, and upon approval of the auditor of Sufi"olk 
county if the bills were incurred for said county, otherwise 
upon the approval of the county commissioners or of a 
justice of the superior court. Approved March 5, 1948. 



Chap.112 An Act relative to the furnishing of valuation and 

ASSESSMENT BOOKS. 



Be it enacted, etc., as folloivs: 

Section 1. Section 43 of chapter 59 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by striking out the first sentence and inserting in place 
thereof the following sentence: — The assessors shall make, 
on the books furnished as provided in section forty-five, a 
list of the valuation and the assessment thereon; in the 
following manner: In each column provided in the book or 
books so furnished shall be entered the valuation of that 
portion, if any, of the personal property of each person and 
corporation, indicated by the heading thereof. 

Section 2. Section 45 of said chapter 59, as amended 
^to'.! 'amended, by scctions 38 and 39 of chapter 254 of the acts of 1933, is 



G. L. (Ter. 
Ed.). 59. § 43. 
amended. 



Valuation and 
assessment to 
he made in 
books. 



G. L. (Ter 
Ed.). 59. § 45. 



Acts, 1948. — Chap. 113. 81 

hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentence: — 
Each city or town shall provide, on or before January first, pties or 
annually, suitable books, for the use of its assessors in the furnish booka 
assessment of taxes, which shall contain blank columns, *« assessors. 
with uniform headings for a valuation list, and blank tables 
for aggregates, in the following form or in such other form 
as the commissioner shall from time to time determine, or 
in such other form as he shall approve. 

Section 3. Section 49 of said chapter 59, as amended Ed^"5JT49 
by section 41 of said chapter 254, is hereby further amended etc!, 'amended', 
by striking out the first sentence and inserting in place 
thereof the following sentence: — The assessors, except Assessors to 
those of Boston, on or before July first, nineteen hundred of valuation 
and twenty-two, and in every thu'd year thereafter, shall commirs'io'Jier. 
deposit in the office of the commissioner, a copy of the 
assessors' valuation books of those years, to be by them 
certified under oath. 

Section 4. Said chapter 59 is hereby further amended EdVlJ^'I'so 
by striking out section 50, as appearing in the Tercentenary amended. 
Edition, and inserting in place thereof the following sec- 
tion : — Section 60. The books required by section forty- Books to 
five shall contain a copy of this section, of sections offawl'etc!"''^ 
forty-three to forty-nine, inclusive, and of sections eighty-four 
and ninety-four, and such certificates as are required by 
law to be signed by the assessors, with such explanatory 
notes as the commissioner considers necessaiy to secure 
uniformity of returns under the several headings. 

Ay-proved March 5, 1948. 



An Act relative to the return to court of certain QJiqj) \\^ 
executions and to the endorsements thereon. 

Be it enacted^ etc., as follows: 

Section 17 of chapter 235 of the General Laws, as ap- g. l. (Ter. 
pearing in the Tercentenary Edition, is hereby amended by ameAde^d.' ^ ^^' 
adding at the end the following paragraph : — 

If an execution having been satisfied in full or discharged ^"'''i^gf^pli"^ 
by law is not returned within ten days thereafter with an on ^certain 
endorsement showing such satisfaction or discharge or is regukter' 
returned without such endorsement the court issuing it 
may upon motion of the judgment debtor or any person 
in his behaK order it to be returned or the proper endorse- 
ment made thereon, as the case may be. The court may 
order the return of an execution and the endorsement of any 
partial satisfaction thereon. The fact of a return of an 
execution and its satisfaction shall be entered upon the 
records of the court. Approved March 5, 1948. 



82 Acts, 1948. — Chaps. 114, 115. 

Chap. 114: An Act relative to the powers and duties of the 

COMMISSIONERS OF PUBLIC WORKS IN THE TOWN OF NATICK. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of public works estab- 
lished in the town of Natick under chapter twenty-two of 
the acts of nineteen hundred and twentj^ shall exclusively 
have the powers, perform the duties and be subject to the 
liabilities and penalties of selectmen and surveyors of high- 
ways relative to public ways, monuments at the termini and 
angles thereof, guide posts, sidewalks and shade trees. 

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

Approved March 8, 1948. 



Chap. 115 An Act authorizing banking companies to make loans 

to veterans OF WORLD WAR II GUARANTEED OR INSURED 
BY THE ADMINISTRATOR OF VETERANS' AFFAIRS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 46 of the acts of 1945, 
as most recently amended by chapter 110 of the acts of 
1947, is hereby further amended by inserting after the 
word "banks" in line 4 the words: — , banking companies, 
— and by inserting after the word "bank" the second time 
the same appears in line 7 the words : — , banking com- 
pany, — so as to read as follows: — Section 1. Subject to 
such regulations as the commissioner of banks deems to be 
necessary or advisable in respect to trust companies, sav- 
ings banks, co-operative banks, banking companies or credit 
unions, and to such regulations as the commissioner of 
insurance deems to be necessary or advisable in respect to 
insurance companies, any trust company, savings bank, 
co-operative bank, banking company, 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 succes- 
sor or successors in such office, under the act of congress 
known as the Servicemen's Readjustment Act of 1944, or 
any amendment thereof, and to obtain such guaranties or 
insurance, 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 other- 
wise to service any such mortgage loan. 

Section 2. Section 2 of said chapter 46, as so amended, 
is hereby further amended by inserting after the word 
"bank" the second time the same appears in line 6 the 



Acts, 1948. — Chaps. 116, 117. 83 

words : — , banking company, — 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 obliga- 
tion of any contract entered into during said period under 
the provisions of'this act, for the life of said obUgation, no 
provision of law limiting the power of a trust company, 
savings bank, co-operative bank, banking company, 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 <S, 1948. 



An Act authorizing the city of Springfield to reim- Qfidj) HQ 

BURSE the widow OF RAYMOND T. MORIARTY FOR THE 
EXPENSES OF HIS FUNERAL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of. Springfield may appropriate and pay 
to the widow of Raymond T. Moriarty, who died September 
twentieth, nineteen hundred and forty-six, as a result of 
injuries sustained while in the performance of his duty as a 
member of the police department of said city, a sum not 
exceeding eight hundred and four dollars, in reimbursement 
of the expenses of his funeral. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved March 8, 1948. 



An Act to exempt subscriptions to a medical service Qhny 117 
CORPORATION FROM THE PROVISIONS OF LAW RELATING 
TO THE ASSIGNMENT OF WAGES. 

Be it enacted, etc., as follows: 

Section 8 of chapter 154 of the General Laws, as most ejn'-i^J4'"r § 
recently amended by chapter 125 of the acts of 1939, is etc!. 'amended! 
hereby further amended by adding after the letter "A" in 
line 5 the following: — , or subscriptions to a medical service 
corporation established under chapter one hundred and 
seventy-six B, — so as to read as follows: — <Sedton .§. Exemption of 
None of the foregoing sections of this chapter shall be appli- scriptTona. ' 
cable to or control or prohibit the deduction of labor or assignment of 
trade union or craft dues or obligations, or subscriptions to wages law. 
a non-profit hospital service corporation established under 
chapter one hundred and seventy-six A, or subscriptions 



84 



Acts, 1948. — Chaps. 118, 119. 



to a medical service corporation established under chapter 
one hundred and seventy-six B, from wages of an employee 
by an employer in accordance with a written request made 
by the individual employee. Approved March 8, 1948. 



Chap.118 ^N ^<^1' CLARIFYING THE LAW REQUIRING AN AUDITOR'S 
STATEMENT IN CONNECTION. WITH THE ANNUAL REPORT 
OF CONDITION OF CERTAIN CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 49 of chapter 156 of the General Laws, as amended 
by chapter 276 of the acts of 1941, is hereby further amended 
by striking out the first sentence and inserting in place 
thereof the fqllowing sentence : — Such report of a corpora- 
tion which has issued capital stock of one hundred thousand 
dollars or more, for this purpose counting shares without 
par value as of a par value of one hundred dollars each, 
shall be accompanied by a written statement on oath by an 
auditor that such report represents the true condition of 
the affairs of such corporation as disclosed by its books at 
the close of the fiscal year covered by such report. 

Approved March 8, 1948. 



G. L. (Ter. 
Ed.), 156, § 49, 
etc., amended. 



Verification 
by auditor. 



Certain sports 
and games 
permitted on 
Lord's day. 



Chap.lld An Act extending the hours during which indoor 

BASKETBALL GAMES MAY BE PLAYED ON THE LORD's DAY. 

Be it eyiacted, etc., as follows : 

Ed M^36% 21 Section 21 of chapter 136 of the General Laws, as most 
etc!, 'amended. ' recently amended by section 1 of chapter 318 of the acts 
of 1946, is hereby further amended by striking out, in line 
14, the word "seven" and inserting in place thereof the 
word : — eleven, — so as to read as follows : — Section 21 . 
In any city which accepts sections twenty-one to twenty- 
five, inclusive, by vote of its city council and in any town which 
accepts said sections by vote of its inhabitants, it shall be 
lawful on the Lord's day to take part in or witness any 
athletic outdoor sport or game, as hereinafter provided, 
between the hours of one thirty and six thirty post meridian 
and, in the case of a baseball game, for a further period 
beyond the hour of six thirty post meridian but only so 
long as the game can be played without the aid of artificial 
lighting. In any such city or town, it shall be lawful on 
the Lord's day to take part in or witness, as hereinafter 
provided, any indoor hockey game between the hours of 
one thirty and eleven post meridian or any indoor basket- 
ball game between the hours of three and eleven post 
meridian. Approved March 8, 1948. 



Acts, 1948. — Chaps. 120, 121, 122. 85 

An Act relative to the destruction of reports and Char) 120 

RECORDS OF CASES OF VENEREAL DISEASES. ^' 

Be it enacted, etc., as follows: 

Section 120 of chapter 111 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby repealed. fl26,Vcpcaied. 

Approved March 8, 1948. 



An Act relative to eligible lists under the civil (JJidj) \2\ 

SERVICE laws. 

Be it enacted, etc., as follows: 

Section 1. Section 12 of chapter 31 of the General Laws, g. l. (Ter. 
as most recently amended by section 5 of chapter 271 of the etc!; amended', 
acts of 1946, is hereby further amended by adding at the end 
the following paragraph: — 

No person shall remain eligible for more than two years Eligibility 
upon any eligible list, notwithstanding any other provision 
of law to the contrary. 

Section 2. This act shall take effect on October first, Effective date. 
nineteen hundred and forty-eight. 

Approved March 9, 1948. 



An Act designating the new bridge over the con- Chav.l22 

NECTICUT river between GREENFIELD AND MONTAGUE 
AS THE GENERAL FREDERICK E. PIERCE BRIDGE, AND 
DESIGNATING THE STATE HIGHWAY BETWEEN TURNERS 
FALLS AND GREENFIELD AS THE DEWOLF-GARIEPY MEMORIAL 
HIGHWAY. 

Be it enacted, etc., as follows. 

Section 1. The new bridge being constructed over the 
Connecticut river between the towns of Greenfield and 
Montague to replace the bridge known as the Montague Citj^ 
bridge shall be known and designated as the General Fred- 
erick E. Pierce bridge, and a suitable tablet or marker 
bearing said designation shall be attached to said new 
bridge by the state department of public works upon its 
completion. 

Section 2. The state highway between Route 2A in the 
Turners Falls section of the town of Montague and the 
Cheapside section of the town of Greenfield shall be known 
and designated as the DeWolf-Gariepy Memorial Highway, 
and suitable markers bearing said designation shall be 
erected along said highway by the state department of 
public works. Approved March 9, 1948. 



86 Acts, 1948. — Chaps. 123, 124. 

Chap. 12S An Act increasing the penalty for the illegal practice 

OF DENTISTRY. 

Be it enacted, etc., as follows: 

Ed V' 112 '^"§ 52 Chapter 112 of the General Laws is hereby amended by 
am'eAdcd.' ' striking out section 52, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following : — 
niTa/^mcticc ^^ction 52. Any person who falsely asserts that he has a 
of dentistry.'^'' Certificate granted by the board, or who, having such certifi- 
cate or a duplicate thereof, fails to exhibit the same as re- 
quired by section forty-five, or who falsely and with intent 
to deceive claims to be a graduate of any college granting 
degrees in dentistry, or who, except as permitted by section 
fifty-three, directly or indirectly practices or attempts to 
practice dentistry or dental hygiene without being regis- 
tered under sections forty-five to fifty-one, inclusive, or 
corresponding provisions of earlier laws, or any registered 
dentist or incorporated dental company who employs or 
permits a person to practice dentistry unless such person is 
registered and exhibits his name and certificate as provided 
in sections forty-four and forty-five, or any person who 
violates any provision of sections forty-three ,to fifty-three, 
inclusive, for which no other^ penalty is provided, shall, 
except as provided in section sixty-five, be punished by a 
fine of not more than three hundred dollars or by imprison- 
ment for six months, or both; and any registered dentist 
who fails to exhibit his full name, as required by section 
forty-four, shall be punished by a fine of not more than 
fifty dollars; provided, that any corporation violating any 
provision of sections forty-three to fifty-three, inclusive, 
shall be punished by the fine herein provided for such 
violation, and its officers, owners or managers concerned in 
the violation shall be punished by the fine or imprisonment 
herein provided for such violation, or both. 

Approved March 9, 1948. 



Chap. 124: An Act distinguishing certain limitations upon in- 
vestments BY SAVINGS BANKS FROM OTHER LIMITATIONS 
ON INVESTMENTS IN THE SAME CLASSES OF SECURITIES. 

Be it enacted, etc., as follows: 

Ed.\ ili!'^ 54, Clause Fifteenth of section 54 of chapter 168 of the Gen- 
ci. FifteeAtij, ' eral Laws is hereby amended by striking out subdivision 
ec, amen e . ^^^^ ^^ most recently amended by chapter 114 of the acts 

of 1945, and inserting in place thereof the following: — 
fundfiTmHed.^ (^) ^^^ morc than five per cent of the deposits of any such 
bank shall be invested in obligations made eligible for in- 
vestment under subdivision (c) of this clause, and not more 
than one half of one per cent of its deposits shall be invested 
in the obligations of any one obligor so made eligible for 
investment, but the foregoing limitations shall not apply 



Acts, 1948. — Chaps. 125, 126. 87 

to obligations of telephone companies, of companies engaged 
primarily in the distribution and sale of electricity or gas, or 
both, or of railroad companies other than terminal com- 
panies. Approved March 9, 1948. 



An Act to authorize the city of Worcester to borrow QJidj) 125 

MONEY FOR THE PURPOSE OF CONSTRUCTING ADDITIONS 
TO SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may, within a period 
of five years from the passage of this act, incur indebtedness 
in an amount not exceeding one million dollars for construct- 
ing additions to school buildings where such additions in- 
crease the floor space of said buildings including the cost 
of original equipment and furnishings of said additions, and 
may issue bonds or notes therefor which shall bear on their 
face the words, Worcester School Addition Loan, Act of 
1948. Each authorized issue shall constitute a separate 
loan and such loans shall be payable in not more than twenty 
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 pur- 
pose to be provided from taxation or available revenue funds 
of the year when authorized. Indebtedness incurred under 
this act shall be in excess of the amount authorized by chap- 
ter two hundred and eleven of the Special Acts of nineteen 
hundred and sixteen, as amended by chapter one hundred 
and thirty-eight of the acts of nineteen hundred and twenty, 
and in excess of the amount authorized by chapter forty- 
four of the General Laws. Except as provided herein in- 
debtedness incurred under this act shall be subject to the 
applicable provisions of said chapter forty-four exclusive 
of the first paragraph of section seven thereof. 

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

Approved March 12, 1948. 



An Act making appropriations for providing additional Qhn'r) 1 0fi 
buildings, equipment and supplies for the univer- 

SITY of MASSACHUSETTS. 

Be it enacted, etc., as follows: 

Section L The sums herein set forth, for the purposes 
herein specified, are hereby appropriated from the Veterans' 
Services Fund, subject to the provisions of law regulating 
the disbursement of public funds and the approval thereof. 

Service of the Department of Education. 

Item: University of Massachusetts: 

3513-65 For the construction of two cement block dormi- 
tories, including the purchase and installation 
of furnishings and equipment . . . $350,000 00 



88 Acts, 1948. — Chaps. 127, 128. 

3513-66 For the construction of a buildi^ig to replace the 
engineering building recently destroyed by 
fire including furnishings, equipment and 
supplies $120,000 00 

3513-67 For veterans' educational supplies . . 20,000 00 

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

Approved March 12, 1948. 



Chap.127 An Act relative to the authority of the selectmen 

OF THE TOWN OF BILLERICA TO ACT AS A BOARD OF PUBLIC 
WORKS EXERCISING THE POWERS OF CERTAIN OTHER 
BOARDS AND TOWN OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 221 of the acts of 1930 is hereby 
amended by striking out section 3 and inserting in place 
thereof the following : — Section 3. On the filing of a 
petition signed by not less than ten per cent of the regis- 
tered voters of the town of Billerica with the selectmen 
thirty days or more before any annual town meeting the 
selectmen shall cause the following question to be printed 
on the ballot used for the election of town officers: — "Shall 
the selectmen of this town continue to act as a board of 
public works as provided by chapter two hundred and 
twenty-one of the acts of nineteen hundred and thirty?" 
If a majority of the votes cast at said election is in the nega- 
tive in answer to said question, said town shall, at the next 
annual town meeting, elect such officers as are necessary to 
carry out the duties exercised in accordance with this act 
by the selectmen or officers appointed by them. 

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

Approved March 12, 1948. 



Chap. 128 An Act authorizing the city of newburyport to retire 

A CERTAIN MEMBER OF ITS FIRE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The retirement board of the city of New- 
buryport, with the approval of the mayor and city council, 
may retire on account of accidental disability, under the 
contributory retirement system of said city, Edward A. 
Butler, a member of its fire department, who was injured 
on March third, nineteen hundred and thirty-five 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 12, 1948. 



Acts, 1948. — Chap. 129. 89 

An Act making certain laws relative to gonorrhea QJidy ]^29 

AND syphilis APPLICABLE TO ALL VENEREAL DISEASES. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter HI of the General g.l. (Xcr. 
Laws, as amended by section 7 of chapter 265 of the acts etc;, amended. 
of 1938, is hereby further amended by adding at the end the 
following sentence : — The department shall also have the Department 
power to define, and shall from time to time so define, what venereaf 
diseases shall be included within the term venereal diseases diseases. 
in the provisions of the laws relative to public health. 

Section 2. Section 111 of said chapter 111, as amended ^dViTr' 
by section 14 of said chapter 265, is hereby further amended §'iii, etc., 
by striking out the second paragraph and inserting in place •'""*'"'^''^- 
thereof the following paragraph : — 

The foregoing provisions of this section and the provisions Persons 
of section one hundred and nine shall not apply to venereal venerlfidis-' 
diseases as defined under section six, except in the case of eases to be 
eye infections in infants under two weeks of age. Any per- 
son having a venereal disease shall be reported to local boards 
of health either directly or through the department in ac- 
cordance with such special rules and regulations as the 
department may make, having due regard for the best 
interests of the public. 

Section 3. Section 117 of said chapter 111, as most {;|j^;{^f- 
recently amended by chapter 391 of the acts of 1937, is §'117, etc., 
hereby further amended by striking out in lines 2 and 3 the =*'"*'"'**''^- 
words "gonorrhea or syphilis" and inserting in place thereof 
the words : — venereal diseases, as defined under section six, 
— so as to read as follows : — Section 117. For the purpose Treatment of 
of providing treatment for persons suffering from venereal ^fs^t^s^es^ 
diseases, as defined under section six, and who are unable to 
pay for private medical care, the department shall, or with 
the co-operation of local boards of health, hospitals, dis- 
pensaries or other agencies may, establish and maintain 
clinics in such parts of the commonwealth as it may deem 
most advantageous to the public health, and may otherwise 
provide treatment for such diseases subject to such rules and 
regulations as the department may from time to time es- 
tablish. Cities and towns, separately or jointly, through 
their boards of health or municipal hospitals, may establish 
and maintain such clinics. For the purposes of this section, 
providing treatment shall include providing transportation 
or the reasonable cost of such transportation to and from 
the place where treatment is given whenever the patient is 
not able to pay for such transportation. 

Section 4. Section 118 of said chapter 111, as amended Ed^iTr' 
by chapter 44 of the acts of 1933, is hereby further amended uis, etc.. 
by striking out in line 3 the words "gonorrhea or syphilis" '*'"*'" ^ ' 
and inserting in place thereof the words: — venereal diseases, 
as defined under section six, — so as to read as follows: — 
Section 118. No discrimination shall be made against the Diecrimination 
treatment of venereal diseases, as defined under section six, mtnTof venereal 



90 



Acts, 1948. — Chap. 129. 



discaaes in 
certain hospi- 
tals forbidden. 



G. L. (Ter. 
Ed.). Ill, 
I 119, 
amended. 



Reports, etc., 
of venereal 
diseases not 
public records. 



Penalty. 



G. L. (Ter. 
Ed), 111, 
§ 121, etc., 
amended. 

Treatment of 
venereal dis- 
eases and 
tuberculosis 
in certain 
institutions. 



G. L. (Ter. 
Ed.). 112, § 12, 
amended. 



Disclo.sure of 
information of 
venereal disease 
by registered 
physician not 
slander or libel 
under certain 
conditions. 



in any general hospital supported by taxation in any city 
or town where special hospitals, other than hospitals con- 
nected with penal institutions, are not provided for the 
treatment of such diseases at pubUc expense; but any such 
hospital may establish a separate ward for their treatment. 

Section 5. Section 119 of said chapter 111, as appear- 
ing in the Tercentenary Edition, is hereby amended by 
striking out in line 2 the words "gonorrhea or syphilis" and 
inserting in place thereof the words: — venereal diseases, 
as defined under section six, — so as to read as follows: — 
Section 119. Hospital, dispensary, laboratory and mor- 
bidity reports and records pertaining to venereal diseases, 
as defined under section six, shall not be public records, and 
the contents thereof shall not be divulged by any person 
having charge of or access to the same, except upon proper 
judicial order or to a person whose official duties, in the 
opinion of the commissioner, entitle him to receive informa- 
tion contained therein. Violations of this section shall for 
the first offence be punished by a fine of not more than fifty 
dollars, and for a subsequent offence by a fine of not more 
than one hundred dollars. 

Section 6. Section 121 of said chapter 111, as amended 
by chapter 555 of the acts of 1945, is hereby further amended 
by striking out the first two sentences and inserting in place 
thereof the two following sentences : — An inmate of a pub- 
lic charitable institution or a prisoner in a penal institution 
who is afflicted with a venereal disease, as defined under 
section six or pulmonary tuberculosis shall be forthwith 
placed under medical treatment, and if, in the opinion of the 
attending physician, it is necessary, he shall be isolated 
until danger of contagion is passed or the physician deter- 
mines his isolation unnecessary. If at the expiration of a 
prisoner's sentence he is afflicted with a venereal disease, as 
defined under section six or pulmonary tuberculosis in its 
contagious or infectious stages, or if, in the opinion of the 
attending physician of the institution or of such physician 
as the authorities thereof may consult, his release would be 
dangerous to public health, he shall be placed under medical 
treatment in the institution where he has been confined. 

Section 7. Section 12 of chapter 112 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in line 2, the words "gonorrhea 
or syphilis" and inserting in place thereof the words: — a 
venereal disease as defined under section six of chapter one 
hundred and eleven, — so as to read as follows : — Section 
12. Any registered physician or surgeon who knows or 
has reason to believe that any person is infected with a 
venereal disease as defined under section six of chapter one 
hundred and eleven may disclose such information to any 
person from whom the infected person has received a promise 
of marriage or to the parent or guardian of such person if a 
minor. Such information given in good faith by a registered 
physician or surgeon shall not constitute a slander or libel. 



Acts, 1948. — Chap. 130. 91 

Section 8. Chapter 127 of the General Laws is hereby g. l. (Xer 
amended by striking out section 16, as most recently amended etc!, amended.^' 
by section 13 of chapter 344 of the acts of 1941, and insert- 
ing in place thereof the following section: — Section ^^- filiations 
The warden of the state prison, the superintendents of the of inmates 
Massachusetts reformatory, the reformatory for women, inciudhTgvene- 
the state prison colony and the state farm, and the keepers '"'^'^' diseases. 
and masters of jails and houses of correction shall cause a 
thorough physical examination to be made by a competent 
physician of each inmate in their respective institutions 
committed for a term of thirty days' imprisonment or more. 
In conducting the examination special attention shall be 
given to determining the presence of communicable diseases, 
particularly venereal diseases as defined under section six 
of chapter one hundred and eleven and pulmonary tubercu- 
losis. Approved March 12, 1948. 



An Act further regulating the operation of motor Chap. ISO 

VEHICLES BY NON-RESIDENTS. 

Be it enacted, etc., as follows: 

Section 10 of chapter 90 of the General Laws, as amended Ed.h 9o!l'io, 
by chapter 219 of the acts of 1935, is hereby further amended etc., amended. 
by striking out the second sentence and inserting in place 
thereof the following: — The motor vehicle of a non-resident |^Ptofl°ehicies 
may be operated on the ways of the commonwealth in ac- by non- 
cordance with section three by its owner or by his chauffeur reguil'ted. 
or employee without a license from the registrar if the oper- 
ator is duly licensed under the laws of the state or country 
where such vehicle is registered, or has complied fully with 
its laws respecting the licensing of operators of motor ve- 
hicles and has such license or evidence of such compliance 
on his person or in the vehicle in some easily accessible place. 
Subject to the provisions of section three, a non-resident 
who holds a license to operate motor vehicles under the laws 
of the state or country in which he resides may at any time 
operate without a license from the registrar any private 
passenger motor vehicle of a type which he is licensed to 
operate under said license, duly registered in this common- 
wealth or in the state or country in which he resides, and a 
non-resident so licensed may at any time operate without a 
license from the registrar any commercial motor vehicle 
transporting persons or property in interstate transporta- 
tion irrespective of the ownership or state or country of 
registration of such vehicle; provided, that he has the 
license on his person or in the vehicle in some easily acces- 
sible place and that, as finally determined by the registrar, 
his state or country grants substantially similar privileges 
to residents of this commonwealth and prescribes and en- 
forces standards of fitness for operators of motor vehicles 
substantially as high as those prescribed and enforced by 
this commonwealth. Approved March 12, 1948. 



92 Acts, 1948. — Chaps. 131, 132, 133. 

Chap.lSl An Act relative to the closing of privately owned 

FOREST LANDS DURING CERTAIN PERIODS OF EMERGENCY. 

Be it enacted, etc., as follows: 

Ed V 48 ''new Chapter 48 of the General Laws is hereby amended by 
m'sc, added, inserting after section 28B the following section: — Section 
^^rha^e"" ^^^ ' When in the judgment of the director of the division 

owned forest of forcstry the forest fire hazard is such as to require the use 
Lmergency?^ ° of forcst fire patrols in any town, all forest lands therein shall 
regulated. ^g closcd to all persons except their owners or tenants, or 
to the authorized agents of such owners or tenants, and the 
director shall use all reasonable means to notify all persons 
of such closing. While such fire hazard exists, any duly 
authorized forest warden, deputy forest warden, conserva- 
tion officer or deputy conservation officer may arrest with- 
out a warrant any person found within the forest lands of 
another without authorization from the owner or tenant 
thereof, or without other legal authority, if such person 
refuses to leave such forest lands upon request, and such 
person shall be punished by a fine of not more than twenty- 
five dollars. Approved March 12, 1948. 

Chap.lS2 An Act relative to the penalty for aiding in the 

MAINTENANCE OF A NUISANCE. 

Be it enacted, etc., as folloivs: 

Ed')" 139"^^ •'() Section 20 of chapter 139 of the General Laws, as amended 
etc., 'amended.' by scctiou 15 of chaptcr 328 of the acts of 1934, is hereby 
further amended by striking out all after the word "than", 
in line 11, and inserting in place thereof the following: — 
five hundred dollars or by imprisonment for not less than 
three months nor more than one year, or both, — so as to 
Aiding in the read as follows: — Section 20. Whoever knowingly lets 
of a nuisance, premiscs owncd by him, or under his control, for the pur- 
penaiized. poses of prostitutiou, assignation, lewdness, illegal gaming, 
or the illegal keeping or sale of alcoholic beverages, as de- 
fined in section one of chapter one hundred and thirty-eight, 
or knowingl}^ permits such premises, while under his control, 
to be used for such purposes, or after due notice of any such 
use omits to take all reasonable measures to eject therefrom 
the persons occupying the same as soon as it can lawfully 
be done, shall be punished by a fine of not less than fifty 
nor more than five hundred dollars or by imprisonment for 
not less than three months nor more than one year, or both. 

Approved March 12, 1948. 

Chap. 133 An Act relative to the exclusion of persons or estates 

FROM FIRE DISTRICTS. 

Be it enacted, etc., as foUoios: 

Ed.V,' 48,*'§ 7i> Chapter 48 of the General Laws is hereby amended by 

amended. Striking out scction 79, as appearing in the Tercentenary 

Edition, and inserting in place thereof the following: — .Sec- 



Acts, 1948. — Chap. 134. 93 

(ion 79. A district, at a meeting called therefor, may Districts 
annex adjacent territory and its inhabitants, if a majority peraon^or" 
of the voters of said territory petition therefor, defining the "''^ates 
limits thereof; or may, on the petition of any person, with 
the assent of the town containing such district, exclude him 
or his estate therefrom; provided, however, that such ex- 
clusion shall be granted by the district without such assent 
of the town if the petitioner or his estate is so situated as to 
be unable to benefit from any fire or water facilities owned 
by the district, or is so situated as to be more accessible to 
the fire or water facilities of another fire district. The peti- 
tion for exclusion shall be filed with the prudential committee 
of the district not later than the date set for the filing of 
petitions for the insertion of articles in the warrant of the 
district meeting at which the petition is to be acted upon, 
and shall state the petitioner's reason for seeking exclusion. 
The prudential committee shall cause an appropriate article 
to be inserted in the warrant for said meeting, shall examine 
the reason stated and shall report its findings, with recom- 
mendations, to said meeting. Any such petitioner, aggrieved 
by the action of the prudential committee, or by the action 
of the voters of the district on his petition, may appeal to 
the superior court sitting in equity within the county in 
which the district is located for a remedy. Upon such 
appeal, said court shall, if the reason set forth by the peti- 
tioner is found to lie within the intent of this section, grant 
such exclusion. 

The grant of exclusion shall exempt the person and estate 
of the petitioner from any tax levied by reason of any appro- 
priation made by the district after the filing of the petition 
as provided herein. Approved March 12, 1948. 



An Act authorizing the transfer of certain land in d^ap J 34 

THE town of BARNSTABLE FROM THE BOARD OF PARK 
COMMISSIONERS TO THE SELECTMEN FOR THE PURPOSES 
OF A PUBLIC LANDING PLACE. 

Be it enacted, etc., as follows: 

The town of Barnstable may by vote at an annual town 
meeting or a special town meeting called for the purpose 
transfer from the board of park commissioners to the select- 
men of said town control and charge of the land on Ocean 
street in the village of Hyannis located between said street 
and Lewis Bay and being bounded on the north by land of 
Robert E. French and on the south by land of Cape Cod 
Steamship Company to be held by said town as a common 
landing place under the control and charge of the selectmen. 

Approved March 12, 1948. 



94 Acts, 1948. — Chaps. 135, 136, 137. 

Chap.\ii5 An Act providing that police officers of the city of 

BOSTON SHALL BE GIVEN AN ADDITIONAL DAY OFF DUTY OR 
UNDER CERTAIN CIRCUMSTANCES AN ADDITIONAL DAY's 
PAY WHEN THEY ARE REQUIRED TO WORK ON CERTAIN 
LEGAL HOLIDAYS. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
thirteen of chapter two hundred and ninety-one of the acts 
of nineteen hundred and six, as amended, if any police officer 
of the city of Boston is required to work on January first, 
February twenty-second, April nineteenth, May thirtieth, 
July fourth, the first Monday of September, October twelfth, 
November eleventh, Thanksgiving day or Christmas day, 
or the day following when any of the five days first mentioned, 
or October twelfth, November eleventh or Christmas day, 
occurs on Sunday, he shall be given an additional day off, 
or, if such additional day off cannot be given by reason of a 
personnel shortage or other cause, he shall be entitled to an 
additional day's pay. 

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 March 12, 1948. 



Chap.lSQ An Act relative to sidewalk assessments in the city 

OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Section 15 of chapter 94 of the acts of 1852 
is hereby amended by inserting after the word "assess", in 
line 3, the following: — a reasonable amount not exceeding 
one half of, — so that the first sentence of said section will 
read as follows : — The city council may cause suitable side- 
walks to be made and repaired in such places as they may 
judge best; and they shall assess a reasonable amount not 
exceeding one half of the expenses thereof upon the persons 
owning the lands or estates against which such sidewalks 
are so made or repaired, apportioning the same equitably, 
where there are two or more such adjacent owners. 

Section 2. This act shall take full effect upon its accept- 
ance within two years after its passage by the city council 
of said city. Approved March 12, 1948. 



Chap.lSl An Act relative to unlawful sexual intercourse with 

an insane female. 

Be it enacted, etc., as follows: 

Ed.K 272r§ 5, Chapter 272 of the General Laws is hereby amended by 

ameAded." striking out section 5, as appearing in the Tercentenary 

Edition, and inserting in place thereof the following sec- 



Acts, 1948. — Chaps. 138, 139, 140. 95 

tion: — Section 5. Whoever has unlawful sexual intercourse unlawful 
with a female who is feeble minded, an idiot or imbecile or course wfth an 
insane, under circumstances which do not constitute rape, '"g'naif^ed"'^'^' 
shall, if he had reasonable cause to believe that she was 
feeble minded, an idiot or imbecile or insane, be punished 
as provided in section three. Approved March 12, 1948. 



Chap.lSS 



An Act relative to preservation of civil service ap- 
plications, RECOMMENDATIONS AND EXAMINATION PAPERS. 

Be it enacted, etc., as follows: 

Section 29 of chapter 31 of the General Laws, as most ^j^s^^'"* 
recently amended by section 4 of chapter 725 of the acts of § 29,' etc., 
1945, is hereby further amended by striking out the word '""*'" *"^' 
"three" in line 8 and inserting in place thereof the word: — 
two, — so as to read as follows: — Section 29. Records of mes°ofco^m-^ 
the proceedings of the commission and of the director, all mission to be 
recommendations of applicants and all applications and 
examination papers, shall be kept on file and shall be open 
to public inspection under the rules of the commission. 
Each application, recommendation and examination paper 
shall be preserved for a period of at least two years, but 
may be destroyed thereafter. Approved March 12, 1948. 



An Act changing the method of fixing the compensa- Chav.lSd 

TION of the chaplains OF THE SENATE AND THE HOUSE 
OF REPRESENTATIVES. 

Be it enacted, etc., as follows: 

Chapter 3 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 14, as appearing in the Tercentenary amended. ' 



of chaplains^. 



Edition, and inserting in place thereof the following sec- 
tion: — Section I4. The chaplain of the senate and the Conipensation 
chaplain of the house of representatives shall each receive 
such salary as may be estabhshed by the committee on rules 
of the senate or the committee on rules of the house of rep- 
resentatives, as the case may be. 

Approved March 12, 1948. 



An Act repealing certain provisions of the law re- Chap.l4:0 

LATING TO licenses OF ENGINEERS AND FIREMEN. 

Be it enacted, etc., as follows: 

Section 52 of chapter 146 of the General Laws, as appear- ^-ni^^jfs r,o 
ing in the Tercentenary Edition, is hereby repealed. repealed.' 

Approved March 12, 1948. 



96 



Acts, 1948. — Chaps. 141, 142. 



Chap .14:1 A.N Act authorizing the county of essex to reimburse 

ALFRED R. BUKER OF LAWRENCE FOR EXPENSES FOR 
MEDICAL SERVICES DUE TO AN ACCIDENT SUSTAINED AT 
THE ESSEX COUNTY TRAINING SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 

■ gation, the county of Essex is hereby authorized to pay the 

sum of ninety-four dollars to Alfred R. Buker of Lawrence 

to reimburse him for expenses for medical services due to 

an accident sustained at the Essex county training school. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the county commissioners of Essex county, but 
not otherwise. Approved March 12, 1948. 



G. L. (Ter. 

Ed.), 168, 
§ 58, etc., 
amended. 



Contributions 
of eligible 
employees. 



Chav.142 An Act relative to the payment of annuities or pen- 
sions to certain members of the savings banks em- 
ployees retirement association. 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section 58 of chapter 
168 of the Genera] Laws, as amended by section 1 of chapter 
104 of the acts of 1945, is hereby further amended by strik- 
ing out, in Hne 12, the word "one" and inserting in place 
thereof the words : — one and one half, — and by striking 
out, in line 15, the word "thirty-five" and inserting in 
place thereof the word: — twenty-five, — so that the third 
sentence of said paragraph will read as follows : — A par- 
ticipating bank may also contribute for past service, as de- 
fined in the by-laws, amounts necessary to provide eligible 
employees with an annuity or pension to begin at age sixty- 
five or later, such annuity or pension not to exceed one and 
one half per cent of the average salary for the five years 
preceding the date such bank joins the association for each 
year, but not exceeding twenty-five years, of continuous 
employment between a^e thirty and the date of such joining. 

Section 2. The fourth paragraph of said section 58, as 
appearing in chapter 249 of the acts of 1943, is hereby 
amended by striking out, in Hne 6, the word "one" and in- 
serting in place thereof the words : • — one and one half, — 
and by striking out, in line 8, the word "thirty-five" and 
inserting in place thereof the word : — twenty-five, — so that 
the first sentence of said paragraph will read as follows: — 
In the event that any employee who has been continuously 
in the employ of such a bank for ten years or more becomes 
incapacitated for further service by reason of physical or 
mental disability before age sixty-five, the employing bank 
may pay him a pension in an amount not to exceed one and 
one half per cent of the average salary for the five years 
preceding the date of retirement for each year, not exceed- 
ing twenty-five years, of continuous service. 



G. L. (Ter. 
Ed.), 168, 
§ 58, etc., 
further 
amended. 



Pensions, etc. 



Acts, 1948. — Chaps. 143, 144. 97 

Section 3. The last paragraph of said section 58, as G.L.(Ter, 
amended by chapter 240 of the acts of 1946, is hereby fur- §58,' etc..' 
ther amended by striking out, in line 3, the word "twenty- amended, 
five" and inserting in place thereof the word: — thirty-five, 
— so that the first sentence of said paragraph will read as 
follows : — No annuity or pension provided by contribu- Limitation 
tions from a participating bank for the benefit of any em- °obTpaid 
ployee on account of past service shall exceed thirty-five beneficiary. 
hundred dollars yearly. Approved March 15, lOJ+S. 

An Act authorizing the city of boston to make de- pt^^.^ -tAo 
POSITS in national banks or trust companies in the ^f^^P-^ *^ 

city of new YORK. 

He it enacted, etc., as follows: 

Section 1. Section 55 of chapter 44 of the General EJ^"iJ^§'55, 
Laws, as appearing in the Tercentenary Edition, is hereby amended. 
amended by adding at the end thereof the following: — For Deposits by 
the purpose of paying the principal or interest due on any fn*any naUonai 
bond, note or other obligation of the city of Boston, which ^'^'^^ o"" ^^yf^ 

' ^ t company in 

is payable or requested to be paid in the city of New York, New York ji 
the city of Boston may keep on deposit in any national bank ^''^' '^^ **^ " 
or trust company in the city of New York a sum not ex- 
ceeding in the aggregate twenty-five thousand dollars; pro- 
vided, that for a period of two weeks prior to the date of 
any such payment or payments, said amount may be in- 
creased by a sum or sums sufficient to cover the same. 

Section 2. Said chapter 44 is hereby further amended Ed^I^"^' 
by striking out section 55A, as so appearing, and inserting § 55a, ' 
in place thereof the following section : — Section 65 A . A ^^^^ ^ 
city or town officer receiving public money and lawfully Certain muni- 
and in good faith and in the exercise of due care depositing noTiiabirfor 
the same in a savings bank or trust company organized under f°nds^by"^^"' 
the laws of the commonwealth or in a national bank doing liquidation of 
business in the commonwealth or, in the case of the city of poshories!* 
Boston, in accordance with the provisions of section fifty- 
five in a national bank or trust company in the city of New 
York shall not b^ personally liable to the city or town for 
any loss of such money by reason of the closing up of such 
depository for the liquidation of its affairs. 

Approved March 15, 1948. 

An Act relative to the time of meetings of the board riij^j. 144. 

OF STANDARDS, THE BOARD OF ELEVATOR REGULATIONS ^' 
AND THE BOARD OF FIRE PREVENTION REGULATIONS. 

Be it enacted, etc., as follows: 

Section 1. The fourth paragraph of section 3B of chap- g. l. (Ter, 
ter 143 of the General Laws, as appearing in section 2 of fs'^'etc.', 
chapter 645 of the acts of 1945, is hereby amended by strik- amended. 
ing out, in fine 2, the word "Monday" and inserting in 



98 



Acts, 1948. — Chap. 144. 



Hearings on 
petitions for 
changes in 
rules and 
regulations. 



G. L. (Ter. 
Ed.), 143, 
§ 69, etc., 
amended. 



Hearings on 
petitions for 
changes in 
rules and 
regulations. 



G. L. (Ter. 
Ed.), 148, 
§ 10, etc., 
amended. 



Hearings on 
petitions for 
changes in 
rules and 
regulations. 



place thereof the word: — Tuesday, — so as to read as 
follows : — 

The board shall hold public hearings annually, on the 
first Tuesday in May and October, and at such other times 
as it may determine, on petitions for changes in the rules 
and regulations formulated by it. Tf, after any such hear- 
ing, it shall deem it advisable to make changes in said rules 
and regulations, it shall appoint a day for a further hearing, 
and shall give notice thereof and of the changes proposed by 
advertising in at least one newspaper in each of the cities 
of Boston, Worcester, Springfield, Fall River, Lowell and 
Lynn, at least ten days before said hearing. If the board 
on its own initiative contemplates changes in said rules and 
regulations, like notice and a hearing shall- be given and 
held before the adoption thereof. 

Section 2. The second paragraph of section 69 of said 
chapter 143, as appearing in section 2 of chapter 643 of the 
acts of 1945, is hereby amended by striking out, in line 2, 
the word "Monday" and inserting in place thereof the 
word: — Wednesday, — so as to read as follows: — 

The board of elevator regulations shall hold public hear- 
ings on the first Wednesday in May and October in each 
year, and at such other times as it may determine, on peti- 
tions for changes in the regulations formulated by it. If, 
after any such hearing, it shall deem it advisable to make 
changes in said regulations, it shall appoint a day for further 
hearing, and shall give notice thereof and of the changes 
proposed by advertising in at least one newspaper in each 
of the cities of Boston, Worcester, Springfield, Fall River, 
Lowell and Lynn, at least ten days before said hearing. If 
the board on its own initiative contemplates changes in said 
regulations, like notice and a hearing shall be given and 
held before the adoption thereof. 

Section 3. The third paragraph of section 10 of chap- 
ter 148 of the General Laws, as appearing in section 4 of 
chapter 710 of the acts of 1945, is hereby amended by strik- 
ing out, in line 1, the word "Monday" and inserting in place 
thereof the word : — Thursdav, — so as to read as follows: — 

The board shall hold public hearings on the first Thurs- 
day in May and October in each year, and at such other 
times as it may determine, on petitions for changes in the 
rules and regulations formulated by it. Tf, after any such 
hearing, it shall deem it advisable to make changes in said 
rules and regulations, it shall appoint a day for a further 
hearing, and shall give notice thereof and of the changes 
proposed by advertising in at least one newspaper in each of 
the cities of Boston, Worcester, Springfield, Fall River, 
Lowell and Lynn, at least ten days before said hearing. If 
the board on its own initiative contemplates changes in said 
rules and regulations, like notice and a hearing shall be 
given and held before the adoption thereof. 

Approved March 15, 1948. 



Acts, 1948. — Chaps. 145, 146, 147. 99 

An Act relative to the liability of warehousemen. Chap. 14^5 
Be it enacted, etc., as follows: 

Section 26 of chapter 105 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by ameAded.' ^ ^^' 
inserting after the word "receipt" in lines 1 and 2 the 
following: — , issued by him or on his behalf by an agent or 
employee the scope of whose actual or apparent authority 
includes the issuing of warehouse receipts, — so as to read 
as follows: — Section 26. A warehouseman shall be Hable Liability of 
to the holder of a receipt, issued by him or on his behalf by warehousemen. 
an agent or employee the scope of whose actual or apparent 
authority includes the issuing of warehouse receipts, for 
damages caused by the non-existence of the goods, or by 
their failure to correspond with the description thereof in 
the receipt at the time of its issue. If, however, the goods 
are described in a receipt merely by a statement of marks 
or labels upon them, or upon packages containing them, or 
by a statement that the goods are said to be goods of a 
certain kind, or that packages containing them are said to 
contain goods of a certain kind, or by words of like purport, 
such statements, if true, shall not render the warehouseman 
issuing the receipt liable, although the goods are not of the 
kind which the marks or labels upon them indicate, or of 
the kind they were said to be by the depositor. 

Approved March 15, 194-8. 



An Act making certain provisions of law relating to 
compressed air tanks inapplicable to certain recep 



^ '_ Chap.UQ 

TACLES USED IN OPERATING HYDRAULIC MACHINERY. 

Be it enacted, etc., as follows: 

Section 34 of chapter 146 of the General Laws is hereb}' g. l. (Ter. 
amended by striking out the last sentence, as appearing in f34;ett*^; 
chapter 620 of the acts of 1947, and inserting in place thereof amended. 
the following: — This section shall be inapplicable in case Automobile 
of the installation or use of a receptacle temporarily holding ''^*^ excepted. 
oil and air and used for the purpose of lifting automobiles 
or operating hydraulic machinery, but only if said receptacle 
is approved by the board as being of a type which conforms 
to recognized standards of engineering practice as such 
standards apply to receptacles designed for such purpose 
and as meeting the requirements of regulations referred to 
in section thirty-five which regulations are hereby made 
applicable to such receptacles for this purpose. 

Approved March 15, 1948. 

An Act eliminating the requirement of giving notice nh^jj. 147 

OF PERSONAL INJURY OR OF DEATH OR OF DAMAGE TO PROP- "' 

ERTY IN ACTIONS OF TORT AGAINST THE METROPOLITAN 
TRANSIT AUTHORITY. 

Whereas, The purpose of this act is to make certain Emergency 
perfecting changes in chapter five hundred and forty-four preamble. 



100 Acts, 1948. — Chap. 148. 

of the acts of nineteen hundred and forty-seven relative to 
actions of tort for personal injury or death or for damage 
to property against the Metropolitan Transit Authority and 
the deferred operation of this act would delay the accom- 
plishment of such purpose, therefore this act is hereb}'^ de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc. , as follows: 

Section 1. Section 20 of chapter 544 of the acts of 1947 
is hereby amended by striking out the second paragraph and 
inserting in place thereof the following paragraph: — 

The authority shall be liable in tort to passengers, and 
to persons in the exercise of due care who are not passengers 
or in the employment of the authority, for personal injury and 
for death and for damages to property in the same manner 
as though it were a street railway company; provided, that 
any action for such personal injury or property damage shall 
be commenced only within two years next after the date 
of such injury or damage and in case of death only within 
two years next after the date of the injury which caused 
the death. 

Section 2. This act shall be operative as of the effective 
date of chapter five hundred and forty-four of the acts of 
nineteen hundred and forty-seven and shall apply to all 
causes of action of tort for any of the causes set forth in 
section one against the Metropolitan Transit Authority 
arising on and after said date which have not been prose- 
cuted to final judgment or been released or discharged. 

Approved March 16, 1948. 



Chap .14:8 -^N -^CT RELATIVE TO THE LIMITATIONS ON CERTIFICATE 

FUNDS OF BANKING COMPANIES. 

Be it enacted, etc., as follows: 

Ed.V,'i72A. Section 1. Chapter 172A of the General Laws is hereby 

§ 5, etc., ' amended by striking out section 5, as amended by section 7 
amen e . ^j^ chapter 266 of the acts of 1938, and inserting in place 

deposits "^ thereof the following section: — Section 5. Such corpora- 
tion may receive deposits of money in one payment or in 
instalments, upon certificates which it may issue, fixing the 
amount received or to be received thereon, the time and 
other terms of repayment and the rate of interest to be paid. 
Deposits of money thus received are hereinafter in this 
chapter referred to as certificate funds. No interest shall 
be specified in any certificate or paid on any certificate 
funds in excess of five per cent per annum, except with the 
approval of the commissioner. No certificate shall be issued 
for an amount less than ten dollars and, except as provided 
in section five A, the total amount of all certificates issued to 
any individual, estate, trust, corporation, association or 
partnership shall not exceed five thousand dollars; pro- 



Acts, 1948. — Chap. 149. 101 

vided, that the limitations upon the issuance of certificates 
imposed by this sentence and by section five A shall not 
apply to certificates issued prior to October first, nineteen 
hundred and thirty-eight. Such corporation may allow in- 
terest to be accumulated upon certificates issued by it and 
upon interest thereon, in addition to the maximum amounts 
for which certificates may be issued under this section and 
under section five A. 

Such certificates may be issued to represent money to be 
paid by the certificate holder thereafter in stated instalments 
as specified therein either with or without the payment of 
interest on paid-in instalments. All certificates shall be in 
such form as the commissioner shall approve and a record 
of all certificates issued and the forms thereof shall be kept 
on file by the corporation. 

No such corporation shall receive or have at any time 
aggregate certificate funds, exclusive of interest, in excess 
of ten times the total of its capital, surplus, undivided profits 
and unallocated reserves, except that certificate funds in any 
manner pledged with it to secure loans made by it shall not 
be included in its certificate funds for the purpose of this 
provision. 

Section 2. Said chapter 172A is hereby further amended g l. (Xer. 
by inserting after section 5, as so amended, the following new '§ 5a. ' 
section: — Section 5 A. Such corporation may receive de- ^'^'^^'^^ 
posits of money upon certificates in joint accounts, provided Banking 
for in section fourteen of chapter one hundred and sixty- may'^r^e^eive 
seven, and may issue certificates therefor subject to the clrtHicate" of 
limitations contained in section five, provided that the total joint accounts. 
amount of any such certificate shall not exceed ten thousand 
dollars. Persons having such joint accounts may also make 
deposits upon certificates in their individual names, but the 
total amount of all certificates, both joint and individual, 
issued to any individual, estate, trust, corporation, associa- 
tion or partnership shall not exceed ten thousand dollars. 

Approved March 16, 1948. 



An Act authorizing the appointment to the regular Chciv.l4:9 
OR permanent fire force in certain towns of cer- 
tain MEMBERS OF THE CALL FORCE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 48 of the General Laws is hereby S-.^- ^'T"- 
amended by inserting after section 36, as appearing in the § 36a. added. 
Tercentenary Edition, the following section: — Section 36 A. Appointment 
Any town which has not accepted chapter four hundred and of members 
eighty-seven of the acts of nineteen hundred and thirteen f'orce\o'\he 
and shall accept this section by vote of the town at a town fof"e'ln^eer- 
meeting, and has a call or part call fire force which now is tain towns. 
or may hereafter be subject to chapter thirty-one, may, ^'^^^^^^ • 
on the recommendation of the appointing officer of the fire 



102 Acts, 1948. — Chap. 150. 

department, promote to membership in the regular or per- 
manent force, without civil service examination and with- 
out any probationary period of service required under said 
chapter thirty-one and the rules made thereunder, any per- 
sons then in the call or part call fire force who have served 
as call men or part call men or substitute call men for five 
or more successive years, and who are certified to be compe- 
tent physically for the duty by the town physician, if any, 
otherwise by a physician designated therefor by said ap- 
pointing officer. Appointments from the call force to the 
regular or permanent force shall be made by the appointing 
officer upon certification by the director of civil service from 
the list of members of the call force of firemen, in accordance 
with the rules of the civil service commission, except that 
the basis of certification shall be the order of appointment 
to the call force, or, if not ascertainable, the order of the 
respective ratings of such members obtained in the exami- 
nation upon which the list of eligibles for appointment to 
such call force was based. No person who has passed his 
fiftieth birthday shall be appointed from such a call force 
to such a regular or permanent force. 
Ed.^'Ur' Section 2. Said chapter 48 is hereby further amended 

§ 37.' amended, by Striking out sectiou 37, as so appearing, and inserting 
Exceptions. in placo thereof the following: — Section 37. The provi- 
sions of section thirty-six or section thirty-six A shall not 
apply to any town in which the promotion of call men to 
the permanent or regular force is regulated by a special act 
relating to such town, nor to Boston. 

Approved March 16, 1948. 



ChaV'l^O ^^ ^^'^ INCREASING THE MAXIMUM AMOUNT OF DEMAND 
DEPOSITS W^HICH MAY BE RECEIVED BY CERTAIN BANKING 
COMPANIES. 

Be it enacted, etc., as follows: 

EdVi72A Section 6A of chapter 172A of the General Laws, inserted 

§r,A, etc., ' by section 1 of chapter 115 of the acts of 1946, is hereby 
amended. amended by striking out the word "ten" in line 21 and 

inserting in place thereof the word : — twenty, — so that the 
Total in- second sentence will read as follows : — The total of the in- 

limft^d""*^ debtedness of any such corporation to any individual, es- 
tate, trust, corporation, association or partnership on account 
of collected balances of deposits received under authority 
of this section shall not at any time exceed twenty thousand 
dollars; but this limitation shall not apply to deposits re- 
ceived from said governments and agencies thereof and 
from banking institutions and charitable and religious or- 
ganizations. Approved March 16, 1948. 



Acts, 1948. — Chap. 151. 103 

An Act authorizing the approval of plans and esti- Qjiqj) \^\ 
mates of costs of the extension of rapid transit to 
the city of quincy and the town of braintree and 
for ascertaining the wishes of the inhabitants of 
said city and town relating thereto. 

Be it enacted, etc., as follows: 

Section 1. The department of public utilities shall pro- 
ceed forthwith to consider the plans and estimates of costs 
filed by the Metropolitan Transit Authority on February 
twenty-fifth, nineteen hundred and forty-eight, to extend the 
Cambridge-Dorchester rapid transit route from or near its 
present Savin Hill station to the city of Quincy and that 
part of the town of Braintree called South Braintree over 
the right of way of the Old Colony Railroad Company divi- 
sion of the reorganized New York, New Haven and Hartford 
Railroad Company. Notwithstanding the provisions of sec- 
tion ten A of chapter five hundred and forty-four of the 
acts of nineteen hundred and forty-seven, relating to the time 
for holding hearings, said department shall hold such public 
hearing at such time as it deems advisable after notice of 
such hearing has been given to the mayor of said city and 
the selectmen of said town. The department shall give its 
decision on said plans and estimates of costs within three 
weeks from the effective date of this act. Upon approval 
by said department of the extension of rapid transit to South 
Braintree in accordance with said chapter five hundred and 
forty-four as modified by this act, the department shall 
forthwith give notice thereof to the mayor of said city and 
the selectmen of said town. 

Section 2. Notwithstanding the provisions of section 
ten B of said chapter five hundred and forty-four, the mayor 
of said city of Quincy and the selectmen of said town of 
Braintree shall call a special city and town election, respec- 
tively, within thirty days from the receipt of notice of such 
approval from said department. On the official ballot for 
said special city and town election there shall_be placed 
the following question: "Shall the metropoli 
tan rapid transit system be extended into this 



YKS. 
No7 



(city, town)?" The votes upon such referendum shall be 
counted and retiirned to the city or town clerk in the same 
manner as votes for candidates in municipal elections. Said 
clerk shall forthwith notify the department of the result of 
the referendum. 

In the event of failure, by the city or town officers upon 
whom such duties are hereby imposed, to obtain such vote 
and notify the department of the result thereof within six 
days after said special elections, respectively, or upon the 
expiration of thirty days after giving of notice of approval by 
the department if no such special election is held, the city or 
town shall be deemed to have approved the extension. 

Section 3. Notwithstanding the provisions of section 
ten C of said chapter five hundred and forty-four if the de- 



104 Acts, 1948. — Chap. 152. 

partment approves the proposed extension to Quincy and 
Braintree in accordance with the provisions of this act and 
so notifies the mayor of the city of Quincy and the selectmen 
of the town of Braintree into which it is proposed that the 
transit system under the MetropoHtan Transit Authority is 
to be thereby extended, the department shall report, recom- 
mending the same, to the general court immediately after 
the receipt by the department of notification of the result of 
said referendum in said city and town in which a special 
election is held in accordance with this act, or immediately 
after the expiration of thirty days after the giving of such 
notice of approval by the department if no such special 
election is held in either said city or town. Such report 
shall be filed with the clerk of the house of representatives 
and shall be accompanied by a draft of legislation author- 
izing the proposed extension, and by a statement of the 
votes for and against in said city of Quincy and said town 
of Braintree in which such a vote was submitted, and, in 
the case of either said city or said town in which no vote 
was seasonably reported in accordance with the provisions 
of this act, a statement that such city or town is deemed to 
have approved the extension because of failure of its officers 
charged with the duties of obtaining a vote on such extension 
and reporting the same to the department to perform said 
duties within the time required by this act. Such report by 
the department may also be accompanied by such plans 
and specifications or other description as the department may 
deem will best assist the general court in considering the 
proposed extension. No rule relative to the time within 
which measures shall be introduced in the general court 
shall prevent consideration by this session of the general 
court of any such report filed by the department. 

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

Approved March 18, 1948. 



Chap.152 An Act aijthorizing the town of harvard to borrow 

MONEY FOR ATHLETIC FIELD AND PLAYGROUND PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of developing land owned 
by the town of Harvard for an athletic field and for play- 
ground purposes, including the construction of bleachers 
and field house, said town may borrow from time to time, 
within a period of five years from the passage of this act, 
such sums as may be necessary, not exceeding, in the aggre- 
gate, twenty-five thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words. 
Harvard Athletic Field and Playground Loan, Act of 1948. 
Each authorized ivssue shall constitute a separate loan, and 
such loans shall be paid in not more than five years from 
their dates, but no issue shall be authorized under this act 
unless a sum equal to an amount not less than ten per cent 



Acts, 1948. — Chaps. 153, 154. 105 

of such authorized issue is voted for the same purpose to be 
raised by the tax levy of the year when authorized. Indebted- 
ness incurred under this act shall be inside 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 19, 1948. 

An Act authorizing county officers to deposit money Phnnj i 53 
IN certain banking companies. ^' 

Be it enacted, etc., as follows. • 

Chapter 35 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 22, as appearing in the Tercentenary fmeAde^d.^ ^^' 
Edition, and inserting in place thereof the following sec- 
tion : — Section 22. Except as otherwise provided, county surplus cash 
treasurers, clerks of the courts, clerks of district courts, fn c^tam °^'*'^'' 
sheriffs and masters of jails and houses of correction, pro- banks. 
bation officers, registers of probate and insolvency and 
registers of deeds, having more money in their hands than 
is required for immediate use, shall deposit it, in their official 
names, in national banks or trust companies in the common- 
wealth or banking companies doing business in the com- 
monwealth and qualified to receive demand deposits under 
the provisions of section six A of chapter one hundred and 
seventy-two A, at the best practicable interest rates, which 
interest shall be paid to the county, except that interest 
accruing to deposits by registers of probate shall be paid to 
the commonwealth; provided, that interest accruing on 
the deposit as aforesaid of any money paid to any official 
mentioned in this section which is so paid under order of a 
court or which is otherwise subject to the direction of a 
court shall, if the court so directs, be paid to the parties 
entitled to the principal fund of such deposit. 

Approved March 19, 1948. 

An Act relative to the admissibility in evidence of Qhn'n 154 
copies of certain records. ^* 

Be it enacted, etc., as follows: 

Section 79A of chapter 233 of the General Laws, inserted EdV'233'^" 
by section 2 of chapter 662 of the acts of 1941, is hereby § 79a, etc., 
amended by inserting after the word "companies" in line 3 '*"*^°'*<^'^- 
the words : — , insurance companies, — and by inserting 
after the word "records" in line 4 the words: — or copies, — 
so as to read as follows: — Section 79 A. Copies of public Photographic 
records, of records described in sections five, seven and six- evfdini 
teen, respectively, of chapter sixty-six, and of records of 
banks, trust companies, insurance companies and hospitals, 
whether or not such records or copies are made by the photo- 



as 
ice. 



106 Acts, 1948. — Chaps. 155, 156, 157, 158. 

graphic or microphotographic process, shall, when duly cer- 
tified by the person in charge thereof, be admitted in evi- 
dence equally with the originals. 

Approved March 19, 1948. 



Chap. 155 An Act increasing the amount payable for burial 

EXPENSES UNDER THE WORKMEN'S COMPENSATION LAW. 

Be it enacted, etc., as foUoivs: 

EdV i52%3:? Section 33 of chapter 152 of the General Laws, as most 
etc.,*ameAded.' recently amended by chapter 495 of the acts of 1941, is 
hereby further amended by striking out, in lines 2 and 3, 
the words "two hundred and fifty" and inserting in place 
thereof the words: — three hundred, — so as to read as 
ex"pTnTes. followsi — Sectiofi 33. In all cases the insurer shall pay the 

reasonable expense of burial, not exceeding three hundred 
dollars. Approved March 19, 1948. 



Chap.l5Q An Act repealing certain provisions of the workmen's 

COMPENSATION LAW RELATIVE TO THE PROVIDING BY MANU- 
FACTURERS OF COMPENSATION FOR EMPLOYEES INJURED 
WHILE OPERATING CERTAIN MACHINERY. 

Be it enacted, etc., as folloivs: 

Chapter 426 of the acts of 1936 is hereby repealed. 

Approved March 19, 194S. 



Chap. 157 An Act repealing certain provisions of law which 

REQUIRE THE POSTING OF NOTICES BY CERTAIN EMPLOY- 
ERS NOT COVERING THEIR EMPLOYEES BY WORKMEN'S 
COMPENSATION INSURANCE. 

Be it enacted, etc., as follows: 

Ed^ilr' Section 19B of chapter 152 of the General Laws, inserted 

^Mm, etc., by chapter 410 of the acts of 1941, is hereby repealed. 
'"'^'"'*''''- Approved March 19, 1948. 



Chap.l5S An Act repealing certain provisions of the workmen's 

COMPENSATION LAW WHICH REQUIRE CERTAIN NOTICES 
FROM EMPLOYERS NOT INSURED THEREUNDER. 

Be it enacted, etc., as follows: 

K(i.)',' 1,52, ' Section 19A of chapter 152 of the General Laws, inserted 

repealed!*'" ^Y chaptcr 359 of the acts of 1935, is hereby repealed. 

Approved March 19, 1948. 



Acts, 1948. — Chaps. 159, 160. 107 

An Act further regulating medical and hospital Qjid^r) 159 

SERVICES under THE WORKMEN'S COMPENSATION LAW. 

Be it enacted, etc., as foUoirs: 

Section 30 of chapter 152 of the General Laws, as most gii V' 1 J^^'^s 30 
recently amended by section 1 of chapter 233 of the acts of etc., 'amended.' 
1946, is hereby further amended b}^ adding at the end the 
following sentence: — ^ The provisions of this section shall Application, 
be applicable so long as such services are necessary, notwith- 
standing the fact that maximum compensation under other 
sections of this chapter may have been received by the 
injured employee. Approved March 19, 1948.- 



An Act relative to crimes against government and nhr,^ ^ar\ 

PROVIDING A PENALTY FOR VIOLATION OF THE TEACHERs' ^' 

OATH LAW, so CALLED. 

Be it enacted, etc., as foUoivs: 

Section 1. Chapter 264 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 11, as appearing in the amended.' 
Tercentenary Edition, and inserting in place thereof the 
following : — Section 1 1 . Whoever by speech or by exhibi- violation of 
tion, distribution or promulgation of any written or printed penaifzld.°'^ 
document, paper or pictorial representation advocates, ad- 
vises, counsels or incites assault upon any public official, or 
the killing of any person, or the unlawful destruction of real 
or personal property, or the overthrow by force or violence 
or other unlawful means of the government of the common- 
wealth or of the United States, shall be punished by a fine 
of not more than one thousand dollars, or by imprisonment 
for not more than three years, or both; provided, that this 
section shall not be construed as reducing the penalty now 
imposed for the violation of any law. It shall be unlawful 
for any person who shall have been convicted of a violation 
of this section, whether or not any sentence shall have been 
imposed, to perform the duties of a teacher or of an officer 
of administration in any public or private educational in- 
stitution, and the superior court, in a suit by the common- 
wealth, shall have jurisdiction in equity to restrain and 
enjoin any such person from performing such duties there- 
after; provided, that any such restraining order or injunction 
shall be forthwith vacated if such conviction shall be set 
aside. 

Section 2. Section 30A of chapter 71 of the General Ed.V, y?!'"'^' 
Laws, inserted by section 1 of chapter 370 of the acts of 1935, § 'iOA, e'tc, 
is hereby further amended by adding at the end the follow- '*'"^" 
ing sentence: — Whoever violates such oath or affirmation Penalty, 
so far as it relates to the support of the constitution of the 
United States and the constitution of the commonwealth, 
shall be punished by a fine of not more than one thousand 
dollars. Approved March 19, 1948. 



108 Acts, 1948. — Chaps. 161, 162, 163. 

Chap.lQl An Act authorizing the city of Worcester to use a por- 
tion OF THE PUBLIC COMMON FOR THE PURPOSE OF WIDEN- 
ING FRANKLIN STREET IN SAID CITY. 

Be it enacted, etc., as folloios: 

Section 1. For the purpose of widening Franklin street 
in the city of Worcester, from Main street to Salem square, 
said city is hereby authorized to use a portion of the public 
common, now under the jurisdiction of its parks and recrea- 
tion commission, consisting of the land lying between the 
northerly curb line of said Franklin street and a line parallel 
thereto and not more than ten feet northerly therefrom. 

Section 2. This act shall take effect upon its acceptance 
during the current year by the city council of said city. 

Approved March 22, 1948. 



Cha7)'lQ2 -An ■A^'^ authorizing the town of north reading to 

borrow money for school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing an addition 
to the L. D. Batchelder school and originally furnishing and 
equipping said addition, the town of North Reading 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, one hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words. North Reading 
School Loan, Act of 1948. 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 
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 23, 1948. 

ChaV 163 -^^ -^^^ '^^ AUTHORIZE the town OF WILBRAHAM TO BOR- 
ROW money FOR THE PURPOSE OF CONSTRUCTING, EQUIP- 
PING AND FURNISHING A BUILDING FOR SCHOOL AND 
OTHER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a new school building, which 
may include space for town offices and be a memorial for 
the men and women of the town of Wilbraham who served 
their country in time of war, said town may borrow, from 
time to time, within a period of five years from the date on 
which this act becomes fuJ'"^'^ effective as provided in the 



Acts, 1948. — Chap. 164. 109 

following section, such sums as may be necessary, not ex- 
ceeding, in the aggregate, four hundred thousand dollars, 
and may issue bonds or notes therefor which shall bear on 
their face the words, Wilbraham Memorial School Building 
Loan, Act of 1948. 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 con- 
tained in the first paragraph of section seven thereof. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at any town meeting held within 
three years after its passage in the form of the following 
question which shall be placed on the official ballot for the 
election of town officers, if action is to be taken at an an- 
nual town meeting, or on a printed ballot to be used in 
connection with the voting list if action is taken at a special 
town meeting: — "Shall an act passed by the general court 
in the year nineteen hundred and forty-eight, entitled, 'An 
Act to authorize the town of Wilbraham to borrow money 
for the purpose of constructing, equipping and furnishing a 
building for school and other purposes', be accepted?" If 
a majority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon become fully effec- 
tive, but not otherwise. Approved March 23, 1948. 



An Act authorizing the metropolitan district com- nhn^ ig4 

MISSION to continue CERTAIN CONTRACTS ENTERED INTO 
WITH THE UNITED STATES OF AMERICA. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission is 
hereby authorized to continue to furnish water, until such 
time as the city of Waltham shall join the metropolitan 
water district or can supply water from its own sources, 
to the Murphy General Hospital in Waltham under the 
terms of a contract with the United States of America 
dated January twentieth, nineteen hundred and forty-four, 
and to continue to furnish sewage disposal facilities, until 
such time as the town of Hingham or part thereof shall 
enter the south metropolitan sewerage district as provided 
in chapter five hundred and ninety-one of the acts of nine- 
teen hundred and forty-five, to the United States navy 
storehouse at Hingham, under the terms of a contract with 
the United States of America, as successors and assignees 
of the Bethlehem-Hingham Shipyard, Inc., dated October 
twenty-seventh, nineteen hundred and forty-seven, both of 
said contracts having been entered into or extended under 
the provisions of chapter four hundred and twenty of the 
acts of nineteen hundred and forty-seven. 

Section 2. This act shall take effect on April first, nine- 
teen hundred and forty-eight. Approved March 23, 1948. 



Acts, 1948. — Chap. 165. 



. M 



Chav.165 An Act amending the "zoning law , so called, of 

THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 488 of the acts of 1924, 
as most recently amended by section 3 of chapter 373 of 
the acts of 1941, is hereby further amended by inserting 
after paragraph (9) the following paragraph: — 

(10) Open-air parking for which no fee is charged, if 
accessory to educational, religious, philanthropic, or other 
institutional uses, provided after public hearing the board 
of street commissioners grants a license therefor. No such 
license shall be granted where such parking will be detri- 
mental to the residential character of the neighborhood, or 
increases the fire hazard or tends to cause congestion in 
any private way used in common with others. From any 
decision of said commissioners granting any such license 
any person aggrieved may take an appeal, within fifteen 
days' notice of such decision, to the state fire marshal, who 
may after public hearing suspend or revoke any such license. 

Section 2. Said chapter 488 is hereby further amended 
by striking out section 3A, as amended by section 1 of chap- 
ter 198 of the acts of 1946, and inserting in place thereof the 
following section: — Section 3 A. In a multiple residence 
district no building or premises shall be erected, altered or 
used except for one or more of the following uses : — 

1. Any use permitted in a single residence district, sub- 
ject to the conditions prescribed for such use in section 
three. 

2. Pair of semi-detached single-family dwelhngs. 

3. Detached two-family dwelling, or pair of semi-detached 
two-family dwellings, or multiple-family dwelling accommo- 
dating or making provision for not over four families in one 
building or in a pair of semi-detached buildings or in a 
group of attached buildings. 

4. Multiple-family dwellings on a tract having a total 
area of not less than five acres, and in a single ownership at 
the time the building permit is issued. 

5. Accessory uses customarily incident to any of the above 
uses. The term "accessory use" shall be construed as in 
section four. 

Section 3. Section 4 of said chapter 488 is hereby 
amended by striking out paragraph (5), as appearing in 
section 3 of chapter 204 of the acts of 1933, and inserting 
in place thei'eof the following paragraph : — 

(5) Accessory uses customarily incident to any of the 
above uses. The term "accessory use" shall be construed 
as in section three, except that said term as used in this sec- 
tion shall, elsewhere than in a thirty-five foot district, include 
a garage in the basement or cellar, or both, of a building, 
and except further that said term as used in this section 
shall be construed to include, in addition, on a lot occupied 
by a dwelling, open-air parking space for automobiles other 



Acts, 1948. — Chap. 166. Ill 

than commercial vehicles if such space is provided for the 
exclusive use of the occupants of the dwelling units; 

Section 4. Section 5 of said chapter 488 is hereby 
amended by striking out paragraph (3) and inserting in 
place thereof the following paragraph : — 

(3) Fire and police stations; 

Section 5. Section 6 of said chapter 488 is hereby 
amended by striking out paragraph (34) and inserting in 
place thereof the following paragraph : — 

(34) Any use prohibited in an industrial district as pro- 
vided in section seven, except the use named in paragraph 
(39 A) of said section seven; 

Section 6. Section 20 of said chapter 488, as most re- 
cently amended by section 19 of chapter 373 of the acts of 
1941, is hereby further amended by striking out wherever 
they appear the words "Boston Real Estate Exchange" and 
inserting in place thereof the words: — Boston Real Estate 
Board, — and by striking out wherever they appear the 
words "Massachusetts Real Estate Exchange" and insert- 
ing in place thereof the words: — Massachusetts Real 
Estate Association. Approved March 24, 1948. 

An Act relative to the election and powers and QJiqjj Jgg 

DUTIES OF THE MAYOR AND ALDERMEN IN THE CITY OF 
HAVERHILL, AND RELATIVE TO THE MUNICIPAL DEPART- 
MENTS AND SUB-DEPARTMENTS OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law, ordinance or by-law to the contrary, the 
administration of municipal affairs in the city of Haverhill 
shall be divided into five separate departments as follows: 
— (1) department of finance and accounts; (2) department 
of highways; (3) department of pubHc safety; (4) depart- 
ment of public property; (5) department of health and 
charities. Sub-departments of administration shall, by ordi- 
nance, be created and assigned to the several departments 
aforesaid. 

Section 2. At the biennial municipal election in the 
3^ear nineteen hundred and forty-nine, and at every biennial 
municipal election thereafter, in addition to the election of 
the mayor and four members of the school committees for 
terms of two years each, there shall be elected, for terms 
of two years each, one alderman to be director of the de- 
partment of highways, one alderman to be director of the 
department of pul)lic safety, one alderman to be director of 
the department of public property, and one alderman to be 
director of the department of health and charities. 

Section 3. The mayor shall be director of the depart- 
ment of finance and accounts and chairman, ex officio, of 
the school committee. All executive and administrative 
powers, authorities or duties pertaining to matters of finance 
shall always be under the direction of the mayor. 



112 Acts, 1948. — Chap. 167. 

Section 3A. Such provisions of chapter five hundred 
and seventy-four of the acts of nineteen hundred and eight, 
or acts in amendment thereof and in addition thereto, or 
any ordinance or by-law of the city of Haverhill, as are 
inconsistent with this act are hereby repealed. 

Section 4. This act shall be submitted to the voters of 
the city of Haverhill at the biennial state election in the 
current year in the form of the following question which 
shall be placed upon the official ballot to be used in said 
city at said election: — "Shall an act passed by the General 
Court in the year nineteen hundred and forty-eight, entitled 
'An Act relative to the election and powers and duties of 
the mayor and aldermen in the city of Haverhill, and rela- 
tive to the municipal departments and sub-departments 
of said city', be accepted?" If a majority of the voters 
voting thereon vote in the affirmative in answer to said 
question, then this act shall thereupon take full effect in 
said city; otherwise it shall be of no effect. 

Approved March 24, 1948, 

Chap.167 An Act relative to appropriations for school pur- 
poses IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 224 of the acts of 1936 is hereby 
amended by striking out section 2 and inserting in place 
thereof the following section : — Section 2. The school 
committee of the city of Boston may annually, beginning 
with the financial year nineteen hundred and forty-eight, 
by vote of four fifths of all its members, taken by yeas and 
nays, make appropriations to be raised by taxation as 
follows: — 

a. For the construction and furnishing of new school 
buildings, both temporary and permanent, including the 
taking of land therefor, and for school yards and the pre- 
paring of school yards for use, and for rent of hired school 
accommodations, a sum which shall not exceed fifty cents 
on each one thousand dollars of the average of the assessors' 
valuations for the three preceding years, such valuations 
being reduced by abatements granted up to December 
thirty-first of the preceding year. 

h. For the alteration and repair of school buildings and 
for furniture, fixtures, and means of escape in case of fire, 
and for fire protection of existing buildings, and for improv- 
ing existing school yards, a sum which shall not exceed one 
dollar and twenty cents on each one thousand dollars of the 
average of the assessors' valuations for the three preceding 
years, such valuations being reduced by abatements granted 
up to "December thirty-first of the preceding year. 

c. For all other school purposes, the sum of nineteen 
million three hundred and ten thousand dollars. 

Unexpended appropriation balances may be reappro- 
priated for their respective purposes; and, in addition to 



Acts, 1948. — Chap. 168. 113 

tlie said sum of nineteen million three hundred and ten 
thousand dollars, an amount equal to the money that may 
be given, and the income collected, for school purposes, as 
estimated by said committee, may be appropriated for the 
purposes of paragraph c. 

Nothing in this section shall prevent the mayor, on re- 
quest of the school committee, from recommending and the 
city council from passing additional appropriations for 
school purposes. 

Section 2. 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 pubhc 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 3. This act shall take effect upon its passage. 

Approved March 29, 1948. 



An Act relative to the south essex sewerage district. (Jfidj) jgg 

Be it enacted, etc., as follows: 

Section 1. Chapter 431 of the acts of 1945 is hereby 
amended by striking out section 3 and inserting in place 
thereof the following section : — Section 3. The cost of 
construction and other work authorized by this act shall 
not exceed the sum of five hundred thousand dollars, plus 
the total amount of interest on bonds and notes issued under 
the provisions of this act to meet such cost. To meet the 
cost of such construction and other work, including such 
interest, and to fund temporary loans issued to meet such 
cost as hereinafter authorized, the treasurer of the South 
Essex sewerage district, with the approval of the board, 
may issue serial bonds of said district which shall bear on 
their face the words "South Essex Sewerage District Loan, 
Act of 1945", shall bear the district seal, shall be authorized 
by vote of two thirds of the board, shall bear such rate or 
rates of interest as shall be fixed by the treasurer with the 
approval of the board, shall be signed by the treasurer of 
said district and countersigned by at least a majority of the 
board, and shall be payable in not more than twenty years 
from their date, or from the date of the earliest loan to be 
funded with the proceeds of such bonds, whichever date is 
the earlier. Each issue of bonds herein authorized shall 
constitute a separate issue. Until such construction and 
other work is completed and the total cost thereof ascer- 
tained, to meet the cost of such construction and other work, 
said treasurer, with the approval of the board, may from 
time to time make temporary loans for not more than one 
year, and may temporarily refund or may renew the same 
from time to time; provided, however, that no such tempo- 
rary loan or temporary refunding or renewal thereof shall 
mature later than December thirty-first, nineteen hundred 



114 Acts, 1948. — Chap. 168. 

and fifty. The treasurer of said district in any year may 
also, from time to time, make temporary loans to meet 
interest payments coming due in such year and to meet pay- 
ments of principal on bonds issued hereunder when such 
payments must be met before the apportionment of costs 
for such year to the city or cities responsible therefor has been 
made as hereinafter provided, but the amounts of any such 
temporary loans shall be added to and included in the next 
j'^ear's apportionment to said city or cities of the cost of 
construction and other work hereunder, and the term of 
such temporary loans sliall not extend beyond the time 
limited for the making of such next year's apportionment. 
For any temporary loans herein authorized, the treasurer 
of said district may from time to time issue notes of said , 
district, which need not bear the district seal, but shall be 
authorized, signed and countersigned, and bear interest 
as is herein provided for in the case of bonds, or may be sold 
at a discount fixed in the same manner that interest on 
bonds may be fixed hereunder, and such discount shall be 
treated as interest paid in advance. All indebtedness incurred 
in carrying out the provisions of this act shall be subject to 
such of the applicable provisions of chapter forty-four of the 
General Laws as relate to loans made by districts. 

The cost of construction, maintenance and operation of 
sewerage and other works shall, for purposes of apportion- 
ment, be allocated by the board in the following manner: — 

(a) The cost of construction of such of said sewerage works 
authorized by section one of this act as are situated in the 
city of Peabody shall be borne by said city of Peabody. 

{h) The cost of construction of such of said sewerage 
works so authorized as are situated in the city of Salem shall 
be borne by the cities of Peabody and Salem. The share of 
said costs to be borne by both cities shall be apportioned to 
each city, one third in proportion to their respective valua- 
tions as determined, pursuant to section eighteen of chapter 
three hundred and thirty-nine of the acts of nineteen hun- 
dred and twenty-five, by the connnissioner of corporations 
and taxation for the year nineteen hundred and forty-five, 
and two thirds in proportion to the average flow of sewage 
from each city as determined by the board for the first full 
calendar year of operation of the sewerage works so author- 
ized. 

(c) Until said sewerage works so authorized have been 
in operation for at least one full calendar year, said board 
shall, on or before the thirty-first day of March in the year 
nineteen hundred and forty-eight, and thereafter annually 
on or before the fifteenth day of February, make a temporary 
apportionment to the said cities of the share of such cost 
to be borne by the respective cities for such year according 
to the provisions hereof for apportioning the costs of main- 
tenance and operation of said sewerage works, except that, 
in the year nineteen hundred and forty-eight, there shall be 
included in the amount to be apportioned to the said cities, 



I 



Acts, 1948. — Chap. 168. 115 

such costs of construction for all prior years not previously 
apportioned. The board shall, in the first apportionment 
made after the first full calendar year of operation of the 
sewerage works so authorized, finally apportion the costs of 
construction for all preceding years during which temporary 
apportionments were made and shall make a final adjust- 
ment with the respective city for such prior years by cred- 
iting such temporary apportionments toward the final 
apportioned cost for said year determined as set forth in 
paragraph (6) herein, or otherwise. 

The cost of legal, engineering and other professional serv- 
ices in connection with design and construction of the 
sewerage works and other work herein authorized shall con- 
stitute })art of the cost of construction thereof and shall be 
apportioned in the same manner as the cost of construction. 

The pumping stations, treatment works and other sewer- 
age works herein authorized shall be maintained and oper- 
ated, and the cost thereof shall be apportioned in accordance 
with the provisions of chapter three hundred and thirty- 
nine of the acts of nineteen hundred and twenty-five, and 
amendments thereof, for apportioning the costs of mainte- 
nance and operation of the sewers and other works described 
in said chapter in so far as said provisions may be utilized 
for the apportionment of costs made under this act. 

The board shall determine on or before the thirty-first 
day of March in the year nineteen hundred and forty-eight, 
and thereafter annually on or before the fifteenth day of 
February, the total amount of the principal retirement and 
interest payments falling due in that year on bonds and notes 
issued under this act, including notes issued to pay annual 
interest on bonds or notes previously issued, and any and 
all other sums to be apportioned as a cost of construction 
and other work authorized by this act. The amount so 
determined shall be apportioned to the cities as herein pro- 
vided. The cost of maintenance and operation of the pump- 
ing station, treatment works and other sewerage works 
herein authorized shall be estimated by the board for each 
year on or before March thirty-first in the year nineteen 
hundred and forty-eight, and thereafter annually on or 
before the fifteenth day of February. Any balance remain- 
ing at the end of any year on account of assessments herein 
provided for shall be credited to the city in the same pro- 
portion as assessed, and any deficit on account of any year 
shall be assessed in the following year in the same proportion 
as for the year in which the deficit occurred. 

The annual apportionments so determined, both for the 
cost of construction and for maintenance and operation, 
shall in the case of each of said cities be added together, and 
before March thirty-first in tlie year nineteen hundred and 
forty-eight and thereafter annually on or fcefore the fifteenth 
day of February, the treasurer of said district shall notify 
each city of the amount to be paid by it, and shall in writing 
demand that such amount be paid on or before the first day 



116 Acts, 1948. — Chap. 169. 

of November in that year, and said amount shall be so 
paid; and in case of failure to pay after a written demand 
therefor, said district may recover such amount in contract 
from tlu; city liable to pay the same. 

After the apportionment has been made, and written 
demand made as aforesaid, the treasurer of said district, 
with approval of at least two thirds of the board, may bor- 
row from time to time in anticipation of the payment of the 
amounts so assessed on the said cities and to be paid to it as 
aforesaid, but any such loan shall mature not later than the 
fifteenth day of November in the same year. In case either 
of said cities for any reason shall not pay on or before the 
first day of November in any year the amount apportioned 
to it as aforesaid, the board, on or after the first day of 
November in such year, through said treasurer and with 
approval as aforesaid, may borrow from time to time in 
anticipation of the payment of any and all unpaid assess- 
ments therefor, and may issue notes therefor and may re- 
fund or renew such notes from time to time until all of such 
assessments shall have been fully paid, and may pay interest 
on all such notes, which interest payment shall be included 
in the next subsequent apportionment. 

Section 2. All loans, temporary and otherwise, hereto- 
fore issued under authority of said chapter four hundred and 
thirty-one of the acts of nineteen hundred and forty-five, 
including the temporary loans and renewals thereof made 
to meet payments of principal due on July first, nineteen 
hundred and forty-seven, on South Essex Sewer District 
Bonds, dated July first, nineteen hundred and forty-six, 
are hereby validated, but such temporary loans to meet 
such principal payments shall not be renewed, and the 
amount of said loans, together with the interest thereon, 
shall be included as part of the cost of construction to be 
apportioned to the cities of Peabody and Salem in the year 
nineteen hundred and forty-eight. 

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

Approved March 29, 1948. 



Chap. 169 An Act reviving Norfolk realty company. 

Emergency WJiereus, The deferred operation of this act would delay 

preamble. i\^q corporation revived thereby in resuming the exercise of 
its former corporate powers, therefore it is hereby declared 
to be an emergency law, necessary for the immediate pres- 
ervation of the public convenience. 

Be it enacted, etc., as follows: 

Norfolk Realty Company, a corporation dissolved by sec- 
tion one of chapter two hundred and thirteen of the acts of 
nineteen hundred and twenty-five, is hereby revived and 
continued for a period of six months from the effective date 
of this act for the sole purpose of selling and conveying title 



■;i 



Acts, 1948. — Chaps. 170, 171. 117 

to certain property situated in the town of Randolph, and 
of distributing the proceeds of such sales among those en- 
titled thereto. Approved March 29, 1948. 

An Act designating the junction of grove street and QhQ'n 17Q 

THE WEST ROXBURY PARKWAY IN THE TOWN OF BROO KLINE 
AS THE STAFF SERGEANT FRANCIS X. RYAN SQUARE. 

Be it enacted, etc., as follows: 

Section 1. The junction of Grove street and the West 
Roxbury parkway in the town of Brookline shall be known 
and designated as the Staff Sergeant Francis X. Ryan Square, 
and a suitable tablet or marker bearing said designation 
shall be erected and maintained at said junction by the 
metropolitan district commission. 

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

Approved March 29, 1948. 

An Act authorizing certain organizations of veterans fhn'r) 1 71 
to drill and parade with firearms. ^' 

Be it enacted, etc., as follows: 

Section 49 of chapter 33 of the General Laws, as most g. l. (Ter. 
recently amended by section 1 of chapter 468 of the acts ^tcil'amendtd. 
of 1947, is hereby further amended by inserting after the 
word "Veterans" in line 46 the words: — , the Polish- . 

American Veterans of World War II, Inc., the Lithuanian 
War Veterans' Organization, Inc., the World War II Vet- 
erans' Association of Hampshire County, Inc., — so as to 
read as follows : — Section 49. Except as provided in section unauthorized 
fifty, no body of men, except the organized militia, the troops drilling, 
of the United States, and the Ancient and Honorable Artillery 
Company of Massachusetts, shall 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 appropriate money toward 
arming, equipping, uniforming, supporting 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 deceased 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 pre- 
scribed part of the course of instruction 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 instructors or 
teachers; that foreign troops whose admission to the United 



118 Acts, 1948. — Chap. 171. 

States has been consented to by the United States govern- 
ment may, with the consent of the commander-in-chief, 
drill and parade with firearms in pubhc; 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 Massachusetts, 
and Jewish War Veterans of the United States, and of the 
American Veterans of World War II, AMVETS — Depart- 
ment of Massachusetts, and of the La Legion Franco- 
Americaine des Etats-Unis d'Amerique and of the Italian- 
American World War Veterans of the United States, Inc., 
and of the United American Veterans of the United States 
of America, Inc., and of the PT Veterans Association, Inc., 
and of the American Portuguese War Veterans Association, 
regularly organized camps of the United Spanish War 
Veterans, regularly organized detachments of the Marine 
Corps League, regularly organized chapters of the Yankee 
Division Veterans Association, the American Veterans' 
Committee, Inc., and the Massachusetts State Guard Vet- 
erans, the Polish-American Veterans of World War II, Inc., 
the Lithuanian War Veterans' Organization, Inc., the World 
War II Veterans' Association of Hampshire County, Inc. 
and regularly organized garrisons of the Army and Navy 
Union, U. S. A., and regularly organized units thereof may 
drill and parade with firearms in public, under the super- 
vision of their duly authorized officers; that the Kearsarge 
Association of Naval Veterans, Inc., maj^ 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 Massachusetts, 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 Com- 
monwealth of Massachusetts (Incorporated), and regularly 
organized branches of any of said societies, may at any time 
parade in public their uniformed color guards of ten men 
with firearms; that regularly organized 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 any time so 
parade more than sixteen men; that any organization 
heretofore authorized by law ma}' 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 March 29, 1948. 



Acts, 1948. — Chaps. 172, 173. 119 

An Act authorizing the city of medford to pav a sum Chav.172 

OF MONEY TO JOHN AMOROSO FOR MEDICAL AND HOSPITAL 
EXPENSES INCURRED BY HIM AS A RESULT OF INJURIES 
WHICH HE SUSTAINED IN THE LINE OF DUTY AS A POLICE 
OFFICER OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Medford is hereby authorized to 
appropriate the sum of two hundred and seventy-three 
dollars to reimburse John Amoroso of said Medford, recently 
retired from the police department of said city, for medical 
and hospital expenses incurred by him, as a result of injuries 
which he sustained in the line of duty as a police officer of 
said city. 

Section 2. This act shall take effect upon its acceptance 
by vote of the aldermen of said city, subject to the provisions 
of its charter, but not otherwise. 

Approved March 29, 1948. 

An Act authorizing the town of carver to receive Chav 173 

AND administer THE PROPERTY OF THE UNION CEMETERY 
OF SOUTH CARVER IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The Union Cemetery of South Carver, a 
corporation duly incorporated by law and located in the 
town of Carver, hereinafter called the corporation, may, 
by deed duly executed, convey and transfer to said town, 
and said town, upon its acceptance of an offer of such con- 
veyance and transfer by vote of the town at a town meeting 
held within six months after the effective date of this act, 
is hereby authorized and empowered to receive, and there- 
after to hold and maintain, but for cemetery purposes only, 
and subject to all rights heretofore existing in any burial 
lots, the real and personal property of the corporation not 
subject to any trust, and thereupon, and upon the transfer 
of the trust funds as hereinafter provided, the corporation 
shall be dissolved; and the cemetery of the corporation 
shall be and become a public burial place, ground or ceme- 
tery, and shall be under the jurisdiction and control of the 
cemetery commissioners of said town under all applicable 
provisions of general law. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction, and in compliance with the terms 
and conditions of such decree, said town, upon its acceptance 
of an offer of conveyance and transfer as provided in section 
one, mny receive from the corporation a conveyance and 
transfer of, and administer, all funds or other property held 
by the corporation in trust for the perpetual care of the 
lots in its cemetery and for other purposes, and also any 
property devised or bequeathed to the corporation under 
the will of any person living at the time of said transfer or 



120 Acts, 1948. — Chap. 174. 

conveyance or under the will of any deceased person not 
then probated. Interest and dividends accruing on funds 
deposited in trust with any savings bank under authority 
of section thirty-seven or section thirty-eight of chapter one 
hundred and sixty-eight of the General Laws, or with any 
other banking institution, for the benefit of the corporation, 
or of any lots in its cemetery, may, after such conveyance, 
be paid by such bank or institution to the treasurer of said 
town; and upon such payment said treasurer shall use the 
same for the purposes of said trusts. 

Section 3. All real and personal property and property 
rights, acquired by said town from the corporation under 
authority of this act, shall be held and managed by said 
town in the same manner in which cities and towns are 
authorized by law to hold and manage property for cemetery 
purposes; provided, that all rights which any persons have 
acquired in the cemetery of the corporation or any lots 
therein shall remain in force to the same extent as if this 
act had not been passed and such transfer had not occurred. 
The records of the corporation shall 'be delivered to the 
clerk of said town and such clerk may certify copies thereof. 

Approved March 29, 1948. 



Chap, 17 4i ^^ ^^'^ RELATIVE TO THE EFFECTING BY MUNICIPALITIES OF 
INSURANCE PROVIDING INDEMNITY FOR OR PROTECTION TO 
THEIR OFFICERS AND EMPLOYEES AGAINST LOSS BY REASON 
OF LIABILITY FOR DAMAGES CAUSED BY THEIR OPERATION 
OF MUNICIPALLY OWNED VEHICLES. 

Be it enacted, etc., as follows: 

EdV'ioTs Clause (1) of section 5 of chapter 40 of the General Laws, 

etc!, 'amended, as most recently amended by section 2 of chapter 358 of the 
acts of 1946, is hereby further amended by striking out, in 
line 15, as appearing in section 2 of chapter 391 of the acts 
of 1945, the word "five" and inserting in place thereof the 
word: — fifteen, — by inserting after the word "person" 
in line 16 the words: — , or not exceeding seventy-five thou- 
sand dollars for any one accident, — and by striking out 
in said line 16 the word "one" and inserting in place thereof 
the word : — five, — so as to read as follows : — 
Appropriationa (1) To pay a propcr charge of an insurance company for 
paiities to pay acting as surcty on the official bond of any town officer, to 
bondfon^'cer^ P^Y ^ propcr charge for effecting insurance providing in- 
tain officers. demnity for or protection to a town treasurer or a town col- 
lector of ta.xes against his liability for the loss, without fault, 
connivance or neglect on his part, of money for which he is 
accountable to the town, or to pay a proper charge for 
effecting insurance providing indemnity for or protection 
to any officer or employee of the town against loss by reason 
of his liability to pay damages to others for bodily injuries, 
including death at any time resulting therefrom, or for dam- 
age to property, caused by the operation, within the scope 



Acts, 1948. — Chaps. 175, 176. 121 

of his official duties or employment, of motor or other vehicles 
or vessels owned by the town, to an amount not exceeding 
fifteen thousand dollars on account of injury to or death of 
one person, or not exceeding seventy-five thousand dollars 
for any one accident, and not exceeding five thousand dol- 
lars on account of damage to property, or to pay a proper 
charge for effecting insurance providing indemnity for or 
protection to any of the officers or employees of the town 
named in section one hundred of chapter forty-one against 
loss by reason of any expenses or damages within the pro- 
visions of the said section, or to pay a proper charge to pre- 
vent loss by reason of destruction or damage of buildings or 
personal property by fire or other causes normally covered 
by fire insurance policies issued in the commonwealth. 

Approved March 29, 1948. 



An Act to provide for a larger appropriation for the Qhn^ 1 75 

FINANCE COMMISSION OF THE CITY OF BOSTON. ^' 

Be it enacted, etc., as follows: 

Section 20 of chapter 486 of the acts of 1909, as most 
recently amended by chapter 369 of the acts of 1924, is hereby 
further amended by striking out, in line 5 and in line 9, the 
word "forty-five" and inserting in place thereof, in each 
instance, the word: — fifty-five, — so as to read as follows: 
— Section 20. The said commission is authorized to em- 
ploy such experts, counsel, and other assistants, and to incur 
such other expenses as it may deem necessary, and the same 
shall be paid by said city upon requisition by the commis- 
sion, not exceeding in the aggregate in any year the sum of 
fifty-five thousand dollars, or such additional sums as may be 
appropriated for the purpose by the city council and ap- 
proved by the mayor. A sum sufficient to cover the salary 
of the chairman of the commission and the further sum of at 
least fifty-five thousand dollars to meet the expenses as 
aforesaid each year shall be appropriated by said city. The 
commission shall have the same right to incur expenses in 
anticipation of its appropriation as if it were a regular de- 
partment of said city. Approved March 29, 1948. 

An Act relative to the furnishing of reinsurance by (Jjidj) yjQ 

SELF-INSURERS UNDER THE WORKMEN'S COMPENSATION 
LAW IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 25A of chapter 152 of the General Laws is hereby g. l. (Ter. 
amended by striking out paragraph (2) (c), as amended by f asA.^etc., 
chapter 344 of the acts of 1945, and inserting in place thereof amended, 
the following : — 

(c) As a further guarantee of a self-insurer's ability to insurer re- 
pay the benefits provided for by this chapter to injured re'iinsure°in 
employees, the department may require that a self-insurer certain cases. 



122 Acts, 1948. —Chaps. 177, 178. 

reinsure his compensation rfsk against catastrophe or excess 
losses, and such reinsurance, when required, shall be placed 
only with an insurance company authorized to transact the 
business of workmen's compensation insurance or reinsur- 
ance of workmen's compensation insurance in this common- 
wealth and shall be within the limits of coverage prescribed 
by the department. Such reinsurance, when required, shall 
provide that the liability of the reinsurer, covered by the re- 
insurance, for any payments due, or payable, upon the rev- 
ocation of or refusal to renew the license of the self-insurer 
for which he is liable shall thereupon become fixed and abso- 
lute upon the reinsurer. Upon the filing of a decision by 
the department or a single member thereof, or a decree of 
the superior court, against such self-insurer in favor of any 
employee for any of the benefits provided for by this chap- 
ter if the self-insurer was at the time of injury reinsured 
against liability therefor, the department shall be entitled to 
prescribe the manner in which any reinsurance money due 
the self-insurer under the provisions of his reinsurance shall 
be applied to the satisfaction of any such decision or decree. 

Approved March 29, 1948. 

Chap. 177 An Act authorizing the town of Yarmouth to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing and originally equipping and furnishing a 
school building, the town of Yarmouth may borrow, from 
time to time, within a period of five years from the passage 
of this act, such sums of money as may be necessary, not 
exceeding, in the aggregate, fifty thousand dollars, and may 
issue bonds or notes therefor which shall bear on their face 
the words, Yarmouth School Loan, Act of 1948. 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 SO, 1948. 

Chap. 178 An Act to authorize the town of norton to borrow 
money for the purpose of constructing, equipping 

AND furnishing A SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section L For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town of 
Norton may borrow, from time to time, within a period of 



Acts, 1948. — Chap. 179. 123 

five years from the passage of this act, such sums as may be 
necessary, not exceeding in the aggregate one hundred and 
fifty thousand dollars, and may issue bonds or notes of the 
town therefor which shall bear on their face the words, 
Norton School Loan, Act pf 1948. 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 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 SO, 1948. 



An Act authorizing the city of newburyport to appro- Cha7).17Q 

PRIATE money for THE PAYMENT OF, AND TO PAY, CERTAIN 
UNPAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Newburyport is hereby author- 
ized to appropriate money for the payment of, and to pay, 
such of the unpaid bills incurred during the years nineteen 
hundred and forty-three to nineteen hundred and forty-six, 
inclusive, as shown by a list filed with the director of accounts 
in the department of corporations and taxation, as are 
legally unenforceable against said city, either by reason of 
their being incurred in excess of available appropriations 
or by reason of failure to present them for payment during 
the year in which they were incurred. 

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

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

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

Approved March 30, 19 If 8. 



124 Acts, 1948. — Chaps. 180, 181. 

Chap. 180 An Act restricting the taking by eminent domain of 

ANCIENT LANDMARKS AND PROPERTY OF HISTORICAL OR 
antiquarian INTEREST. 

Be it enacted, etc., as follows: 

Edl'', TQ^new Chapter 79 of the General Laws is hereby amended by 
§ 5A, added, inserting after section 5, as appearing in the Tercentenary 
Taking of Edition, the following section : — Section 6 A . No property 
ma'r'ksVro-'^" owncd, preserved and maintained by any historical organ- 
hibited. ization or society as an ancient landmark or as property of 

historical or antiquarian interest shall be taken without 
leave of the general court specially obtained. 

Approved March 30, 1948 



Chap, ISl An Act further regulating the sale of second hand 

MOTOR vehicles AND THE LICENSING OF DEALERS THEREIN. 

Emergency Whereas, The deferred operation of this act would tend 

preamble. ^^ defeat oue of its purposes which is to make permanent 
certain temporary provisions of law which become inopera- 
tive on March thirty-first in the current year, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

EdVi4o%58 Section 1. Section 58 of chapter 140 of the General 
amended.' ' Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out the second paragraph and insert- 
ing in place thereof the following: — 
Class 1 Class 1 . Any person who is a recognized agent of a motor 

license. vehicle manufacturer or a seller of motor vehicles made by 

such manufacturer whose authority to sell the same is cre- 
ated by a written contract with such manufacturer or with 
some person authorized in writing by such manufacturer 
to enter into such contract, and whose principal business is 
the sale of new motor vehicles, the purchase and sale of 
second hand motor vehicles being incidental or secondary 
thereto, may be granted an agent's or a seller's license; 
provided, that with respect to second hand motor vehicles 
purchased for the purpose of sale or exchange and not taken 
in trade for new motor vehicles, such dealer shall be subject 
to all provisions of this chapter and of rules and regulations 
made in accordance therewith applicable to holders of licenses 
of class 2. 
G. L. (Ter. SECTION 2. Said chapter 140 is hereby further amended 

ftcii'ameAded!'' by Striking out section 59, as most recently amended by 
chapter 96 of the acts of 1938, and inserting in place thereof 
Motor vehicle the followiug scction : — Section 59. The police commis- 
ind'VSts^ sioner in Boston and the licensing authorities in other cities 
and towns may grant licenses under this section which shall 
expire on January first following the date of issue unless 
sooner revoked. The fees for the licenses shall be fixed by 
the licensing board or officer, but in no case shall exceed 



Acts, 1948. — Chap. 181. 125 

fifty dollars. Application for license shall be made in such 
form as shall be approved by the registrar of motor vehicles, 
in sections fifty-nine to sixty-six, inclusive, called the regis- 
trar, and if the applicant has not held a license in the year 
prior to such application, such application shall be made in 
duplicate, which duplicate shall be filed with the registrar. 
No such license shall be granted unless the licensing board 
or officer is satisfied from an investigation of the facts stated 
in the application and any other information which they 
may require of the applicant, that he is a proper person to 
engage in the business specified in section fifty-eight in the 
classifications for which he has applied, that said business 
is or will be his principal business, and that he has avail- 
able a place of business suitable for the purpose. The 
license shall specify all the premises to be occupied by the 
licensee for the purpose of carrying on the licensed business. 
Permits for a change of situation of the licensed premises or 
for additions thereto may be granted at any time by the 
licensing board or officer in writing, a copy of which shall 
be attached to the license. Cities and towns by ordinance 
or by-law may regulate the situation of the premises of 
licensees within class 3 as defined in section fifty-eight, and 
all licenses and permits issued hereunder to persons within 
said class 3 shall be subject to the provisions of ordinances 
and by-laws which are hereby authorized to be made. No 
license or permit shall be issued hereunder to a person within 
said class 3 until after a hearing, of which seven days' 
notice shall have been given to the owners of property 
abutting on the premises where such license or permit is 
proposed to be exercised. All licenses granted under this 
section shall be revoked by the licensing board or officer if 
it appears, after hearing, that the licensee is not complying 
with sections fifty-seven to sixty-nine, inclusive, or the rules 
and regulations made thereunder; and no new license shall 
be granted to such person thereafter, nor to any person for 
use on the same premises, without the approval of the regis- 
trar. The hearing may be dispensed with if the registrar 
notifies the licensing board or officer that a licensee is not 
so complying. Any person aggrieved by any action of the 
licensing board or officer refusing to grant, or revoking a 
license for any cause may, within ten days after such action, 
appeal therefrom to any justice of the superior court in the 
county in which the premises sought to be occupied under 
the license or permit applied for are located. The justice 
shall, after such notice to the parties as he deems reasonable, 
give a summary hearing on such appeal, and shall have 
jurisdiction in equity to review all questions of fact or law 
and may affirm or reverse the decision of the board or 
officer and may make any appropriate decree. The decision 
of the justice shall be final. 

Section 3. Section 62 of said chapter 140, as appearing g. l. (Xer. 
in the Tercentenary Edition, is hereby amended by insert- amend^i.' 
ing after the word "book" in line 1 the words: — on the 



126 Acts, 1948. — Chap. 182. 

Record book, licensed premises, — so as to read as follows: — Section 62. 

contents. '^ i ii i i i- 

liivery licensee shall keep a book on the licensed premises, 
in such form as shall be api)roved by the registrar, in which, 
at the time of the purchase, sale, exchange, or receipt for 
the purpose of sale, of any second hand motor vehicle or 
parts thereof, shall be legibly written in the English lan- 
guage an account and description of such motor vehicle or 
parts, with the name and address of the seller, of the pur- 
chaser, and of the alleged owner or other person from whom 
such motor vehicle or parts were purchased or received or 
to whom they were delivered, as the case may be. Such 
description, in the case of motor vehicles, shall also include 
the engine number, if any, the maker's number, if any, 
chassis number, if any, and such other numbers or identi- 
fication marks thereon as shall be required by the registrar, 
and shall also include a statement that a number has been 
obliterated, defaced or changed if such is the fact. 
EdV i4o'^§ 05 Section 4. Said chapter 140 is hereby further amended 
amended.' ' by Striking out scctiou 65, as so appearing, and inserting in 
Notice of place thereof the following section: — Section 65. Any per- 

m°uired by an SOU uot liceuscd uuder section fifty-nine, selling or offering 
perion'*'^'^ to Sell any motor vehicle, except to a licensee under class 1 
of section fifty-eight when such sale or offer to sell is inci- 
dental to the purchase of a new motor vehicle, or a person 
exempted by section fifty-seven, shall, at least four days 
before such sale, notify in writing the registrar and the chief 
of police or selectmen in the city or town where the sale is 
to be made, or, if in Boston, the police commissioner, unless 
he has secured a release as provided in section sixty-four. 
Such notice shall contain all the information required by 
law to be set forth in an application for the registration of 
motor vehicles in the commonwealth, with the names and 
addresses of the vendor and vendee. 

Approved March SI, 1948. 

Chap. 182 An Act making appropriations for the enforcement 

OF SHELLFISH AND OTHER MARINE FISHERY LAWS. 

Be it enacted, etc., as follows: 

Section 1. The sums herein set forth, for the purposes 
herein specified, are hereby appropriated from the General 
Fund or revenue of the commonwealth, subject to the pro- 
visions of law regulating the disbursement of public funds 
and the approval thereof. 

Service of the Department of Conservation. 

Enforcement of shellfish and other marine fishery laws: 
Item 1004-82 For other expenses of the administration 
and enforcement of laws relative to shellfish and other 
marine fisheries and for regulating the sale and cold stor- 
age of fresh food fish, to be in addition to any amount 
heretofore appropriated for the purpose . . . $6,275 00 

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

Approved March 31, 1948. 



I 



Acts, 1948. — Chap. 183. 127 

An Act establishing the salaries of the clerk and Qhap.lSS 

THE assistant CLERK AND SECOND ASSISTANT CLERK OF 
the SUPREME JUDICIAL COURT FOR THE COUNTY OF 
SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 49 of chapter g. l. (Ter. 
35 of the General Laws, as appearing in section 1 of chapter ^tcil'ameJdtd, 
469 of the acts of 1947, is hereby amended by inserting after 
the word "Suffolk" in line 8 the words: — , the assistant 
clerk and second assistant clerk of the supreme judicial court 
for the county of Suffolk, — so as to read as follows: — Every pertain offices 
office and position whereof the salary is wholly payable by the board. 
from the treasury of one or more counties, or from funds stenographers 
administered by and through county officials, excluding the included, 
offices of county commissioners, the clerk and the assistant 
clerks of the superior court for civil business in the county 
of Suffolk, the clerk and assistant clerks of the superior court 
for criminal business in the county of Suffolk, the assistant 
clerk and second assistant clerk of the supreme judicial 
court for the county of Suffolk, official stenographers, addi- 
tional stenographers and temporary stenographers of the 
superior court in the county of Suffolk, justices and special 
justices of the district courts, the messenger of the superior 
court in the county of Suffolk, the secretary and assistant 
secretary of the municipal court of the city of Boston, 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 probation officers, but including the officer described 
in the first sentence of section seventy-six of said chapter 
two hundred and twenty-one, shall be classified by the 
board in the manner provided by sections forty-eight to 
fifty-six, inclusive, and every such office and position, now 
existing or hereafter established, shall be allocated by the 
board to its proper place in such classification. 

Section 2. Chapter 221 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 94, as most recently amended ftV.'amlkL^' 
by section 2 of chapter 290 of the acts of 1947, and inserting 
in place thereof the following section: — Section 94. Ex- Salaries of 
cept as provided in section ninety-three and except as here- aw^nt'^cierks 
inafter provided, the salaries of clerks and assistant clerks °^ courts, 
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 business in the 



128 Acts, 1948. — Chap. 184. 

county of Suffolk, shall be established in accordance with 
sections forty-eight to fifty-six, inclusive, of chapter thirty- 
five and shall be paid by their respective counties. The 
salary of the clerk of the supreme judicial court for Suffolk 
county shall be eighty-five hundred dollars, and fifteen hun- 
dred dollars of said salary shall be paid by the common- 
wealth. The salary of the assistant clerk of the supreme 
judicial court for Suffolk county shall be sixty-four hundred 
dollars and the salary of the second assistant clerk of said 
court for said county shall be fifty-four hundred dollars, 
and said assistant clerk and second assistant clerk may 
receive their salary in bi-weeklj^ instalments if they so 
request in writing. 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 assist- 
ant clerks of said court shall be fifty-four hundred dollars. 
The assistant clerks of the superior court for criminal busi- 
ness in Suffolk county may receive their salary in bi-weekly 
instalments if they so request in writing. 

Approved March 31, 1948. 

Chap. 1S4 An Act relative to the construction and maintenance 

OF A STRUCTURE BRIDGING WEBSTER STREET IN THE CITY 
OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice 
published in at least one newspaper published in the city of 
Worcester, and a public hearing thereon, the city council 
of said city may, with the approval of the mayor, issue a 
permit to Worcester County Electric Company, a corpora- 
tion duly established and existing under the laws of this 
commonwealth, its successors and assigns, to build and 
permanently maintain a bridge for housing and supporting a 
coal conveyor over Webster street in said city at a point 
where said Worcester County Electric Company owns the 
land in fee on opposite sides of said street and also the fee 
in that part of the street to be covered by said structure, 
for the purpose of connecting the premises owned and oc- 
cupied by said corporation on said opposite sides of the 
said street, upon condition of such ownership. 

Section 2. Any structure built under a permit issued as 
provided in section one of this act shall be constructed or 
maintained at a height not less than twenty feet above the 
grade line of said street, and shall not be more than twelve 
feet in width, and no part of said bridge or its supports shall 
rest upon the surface of the street. 

Section 3. If a traveler on the highway while in the 
exercise of due care sustains bodily injury or damage in his 
property by reason of the construction or maintenance of 
said bridge, he may recover damages therefor in an action 
of tort brought in the superior court against said Worcester 
County Electric Company or its successors or assigns, within 



Acts, 1948. — Chap. 185. 129 

one year after the date of such injury or damage; provided, 
that such notice of the name and place of residence of the 
person injured and the time, place and cause of the said 
injury or damage be given to said Worcester County Electric 
Company, or its successors or assigns, by, or on behalf of 
the person sustaining the same as is, under the provisions 
of chapter eighty-four of the General Laws, valid and suffi- 
cient in cases of injury or damages sustained by reason of a 
defect or a want of repair in or upon a way, if such defect or 
want of repair is caused by or consists in part of snow or ice, 
or both. The remedy herein provided shall not be exclusive 
but shall be in addition to any other remedy provided by law. 
Section 4. This act shall take effect upon its passage. 

Approved April 2, 1948. 



An Act relative to the holding of property by the Qjiqj) 135 
university of massachusetts building association 
and the leasing of certain state land to said cor- 
poration. 

Be it enacted, etc., as follows: 

Section 1. University of Massachusetts Building Asso- 
ciation, incorporated under the name of Massachusetts 
State College Building Association by section one of chapter 
three hundred and eighty-eight of the acts of nineteen 
hundred and thirty-nine, is hereby authorized to hold, for 
the purposes set forth in said chapter, real and personal 
estate to an amount not exceeding one million five hundred 
thousand dollars, in addition to the amount of real and 
personal estate which may be held by said corporation under 
authority of said chapter and of chapter three hundred and 
ninety of the acts of nineteen hundred and forty-five and 
of chapter three hundred and fifty-two of the acts of nineteen 
hundred and forty-six, of which additional estate not ex- 
ceeding five hundred thousand dollars may consist of, or be 
applied to the construction and equipment of, housing 
units suitable for occupancy by professors, instructors, 
teachers and employees of the University of Massachusetts. 

Section 2. The trustees of the University of Massa- 
chusetts may, in the name of and for the commonwealth, 
lease to said corporation five acres of land in Amherst or 
Hadley owned by the commonwealth, for the erection and 
maintenance of dormitories, commons and other buildings 
for the use of said university or its students, faculty and 
staff. The land hereby authorized to be leased to said cor- 
poration shall be in addition to that authorized to be leased 
by section six of said chapter three hundred and eighty- 
eight and by section two of chapter three hundred and 
ninety of the acts of nineteen hundred and forty-five and 
by section two of chapter three hundred and fifty-two of the 
acts of nineteen hundred and forty-six; but nothing in this 
section shall be construed as limiting or restricting the 



130 Acts, 1948. — Chaps. 186, 187. 

powers conferred upon said trustees by said section six of 
said chapter three hundred and eighty-eight with respect 
to the leasing of lands by them to said corporation. 

Section 3. The trustees of the University of Massa- 
chusetts may, in the name of and for the commonwealth, 
lease from time to time to any professor, instructor, teacher 
or employee of the imiversity a dwelling in any housing 
unit constructed by said University of Massachusetts 
Building Association and leased by said corporation to the 
commonwealth under the provisions of said chapter three 
hundred and eighty-eight of the acts of nineteen hundred 
and thirty-nine, as heretofore and hereby supplemented. 
Such leases shall contain such written terms, conditions, 
restrictions and reservations as the university and the 
respective lessees agree upon. The pertinent provisions 
of section twenty-seven of chapter seventy-five of the General 
Laws shall apply to such leases, but section twenty-eight of 
said chapter shall not apply to the dwellings so leased. 

Approved April 2, 1948. 

Chap. ISQ An Act authorizing public skiing, tobogganing and 

SNOW SLIDING ON THE GOLF COURSE IN LYNN WOODS 
RESERVATION. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, acting through its board 
of park commissioners, may use any part or parts of its 
public golf course land, located in the public park in said 
city known as Lynn Woods reservation, for public skiing, 
tobogganing and snow sliding, and may install and construct 
on the land so used, such equipment and buildings for 
shelters, the sale of refreshments and other purposes con- 
ducive to its beneficial use by the public as may be necessary, 
and may use buildings already constructed thereon for 
such purposes, and may charge fees for admission and for 
such use. 

Section 2. This act shall take effect upon its acceptance, 
diuing the current year, by vote of the board of park com- 
missioners of the city of Lynn, but not otherwise. 

Approved April 2, 1948. 

Chap. 1S7 An Act relative to preservation of examination 

PAPERS BY THE STATE EXAMINERS OF ELECTRICIANS. 

Be it enacted, etc., as follows: 

EdV' ilr§ 3, Clause (8) of section 3 of chapter 141 of the General Laws, 

ci. (8), amended, as appearing in the Tercentenary Edition, is hereby amended 

by striking out, in line 2, the word "three" and inserting in 

place thereof the word: — two, — so as to read as follows: — 

mprrs'tobr (^^ Examination papers and applications for "Certificate 

preserved. A" and "Certificate B" shall be preserved for at least two 

years, after which time they may, at the discretion of the 

examiners, be destroyed. Approved April 2, 1948. 



Acts, 1948. — Chaps. 188, 189, 190. 131 

An Act forbidding the use of inflammable anti-freeze (JJidj) \gg 

SOLUTIONS in fire HYDRANTS. 

Be it enacted, etc., as follows: 

Chapter 148 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 23 the following section: — 'Section f23A,^tdded!^ 
23 A. No inflammable fluid shall be used as an anti-freeze inflammable 
mixture in hydrants used to convey water for extinguishing '*"*|j'|^?®''? i^^ 
fires. Approved April 2, 191^8. hydrants. 

An Act regulating the serving of horse meat in cer- Qfidj) 189 

TAIN PLACES. 

Be it enacted, etc., as follows: 

Chapter 94 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 151 the following section: — Section f*! 51 If added. 
151 A. Whoever serves horse meat or causes it to be served serving of 
at any lunch counter or in any restaurant, hotel, boarding horse me^u; in 
house, convalescent home, hospital or like place, to a guest, regulated. 
patron or patient thereof, without notifying said guest, 
patron or patient that horse meat is being served to him 
shall be punished by a fine of not less than ten nor more 
than fifty dollars. . Approved April 2, 1948. 



An Act providing for the preservation of room num- (7/?aT).190 

BERED twenty-seven IN THE STATE HOUSE AS A MEMO- 
RIAL AND SHRINE IN COMMEMORATION OF THE GRAND 
ARMY OF THE REPUBLIC, DEPARTMENT OF MASSACHU- 
SETTS AND PROVIDING FOR THE ASSIGNMENT OF QUARTERS 
IN THE STATE HOUSE FOR THE USE OF CERTAIN VETERANS* 
ORGANIZATIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 8 of the General Laws is hereby 2\^-^'^'^''- 
amended by inserting after section 16, as appearing in the § i6A, added. 
Tercentenary Edition, the following section: — Section 16 A. 
Room numbered twenty-seven in the state house, formerly Room 
used by the Grand Army of the Republic, Department of twMity-seven 
Massachusetts, shall be preserved and maintained as a me- i" be^ maln-^*" 
morial and shi'ine to the Grand Army of the Republic, De- Gained as 
partment of Massachusetts, in further "recognition of the Grand Army 
services of those men who fought to preserve the Union of D^partoent'of' 
the States. Said room shall serve as a repository for such Massachusetts. 
mementos, records, relics and historical data relating to the 
war of the rebellion as may be deposited with the superin- 
tendent for that purpose, and shall be used for arranging 
and preserving 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. Said room may be used as a meeting place 
for the organizations known as the Daughters of Union 
Veterans of tb^ Civil War, the Sons of Union Veterans of 



132 



Acts, 1948. — Chap. 191. 



G. L. (Ter. 
Ed.). 8, § 17, 
etc., amended. 



Rooms in 
state house 
for use of 
war veteran 
organizations. 



the Civil War, and any other organizations affiliated with 
the Grand Army of the Republic, Department of Massa- 
chusetts, subject to the approval of the superintendent and 
to such regulations of the superintendent as are compatible 
with the use of rooms in the state house. 

Section 2. Said chapter 8 is hereby further amended by 
striking out section 17, as most recently amended by sec- 
tion 1 of chapter 350 of the acts of 1947, and inserting in 
place thereof the following section: — Section 17. There 
shall be set apart and suitably furnished a room or rooms in 
the state house for the use of the Massachusetts department 
of The American Legion, of the United Spanish War Veter- 
ans, 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 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 each of the aforesaid de- 
partments shall be used for storing and preserving the 
records and other property of the department and relics 
and mementos of the World wars and the Spanish war. 

Approved April 2, 1948. 



YKS. I 

"noT 



C/iap.191 ^^ ^^^ AUTHORIZING THE PLACING OF THE OFFICE OF CITY 
ENGINEER OF THE CITY OF CHELSEA UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

The office of city engineer of the city of Chelsea shall, 
upon the effective date of this act, become subject to the 
civil service laws and rules, and the tenure of office of any 
incumbent thereof shall be unlimited, subject, however, to 
said laws. This act shall be submitted to the registered 
voters of the city of Chelsea at the biennial state election 
In the current year in substantially the following form: — 

Part 1. — Shall the city vote that the office 
of city engineer be placed within the classified 
civil service? 

Part 2. — If it is voted to place the office of city engineer 
within the classified civil service, shall the city vote to 
provide for the continuance in said office of 
(name of iiicumbent), the present incumbent 
thereof, after passing a qualifying examina- 
tion? 

If a majority of the voters voting thereon vote in the 
affirmative in answer to Part 1, the office of city engineer 
shall be placed within the classified civil service, and the 
tenure of office of any incumbent thereof shall be unlimited, 
subject, however, to the provisions of the civil service laws 
and rules. 

If Part 2 is so answered in the affirmative the incumbent 
of the office shall be subjected by the division of civil service 



I 



YKS. 




NO. 





Acts, 1948. — Chap. 192. 133 

to a qualifying examination for such office and, if he passes 
said examination, he shall be certified for said office and 
shall be deemed to be permanently appointed thereto with- 
out being required to serve any probationary period. If 
such incumbent does not pass such qualifying examination, 
or if a majority of the voters voting on said Part 2 does not 
vote thereon in the affirmative, such incumbent may con- 
tinue to serve in said office for the remainder of the term, 
if any, for which he was appointed, but shall not be subject 
to chapter thirty-one of the General Laws. 

Approved April 3, 1948. 

An Act authorizing the placing of the office of super- r'hnj) i QO 

INTENDENT OF STREETS AND SEWERS OF THE CITY OF ^' 

CHELSEA UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

The office of superintendent of streets and sewers of the 
city of Chelsea shall, upon the effective date of this act, 
become subject to the civil service laws and rules, and the 
tenure of office of any incumbent thereof shall be unlimited, 
subject, however, to said laws. This act shall be submitted 
to the registered voters of the city of Chelsea at the biennial 
state election in the current year in substantially the follow- 
ing form : — 

Part 1 . — Shall the city vote that the office 
of superintendent of streets and sewers be 
placed within the classified civil service? 

Part 2. — If it is voted to place the office of superintendent 
of streets and sewers within the classified civil service, 
shall the city vote to provide for the continu- 
ance in said office of (name of incumbent), 1 yks. 

the present incumbent thereof, after passing j 'no." 

a qualifying examination? 

If a majority of the voters voting thereon vote in the 
affirmative in answer to Part 1, the office of superintendent 
of streets and sewers shall be placed within the classified 
civil service, and the tenure of 'office of any incumbent 
thereof shall be unlimited, subject, however, to the provi- 
sions of the civil service laws and rules. 

If Part 2 is so answered in the affirmative the incumbent 
of the office shall be subjected by the division of civil service 
to a qualifying examination for such office and, if he passes 
said examination, he shall be certified for said office and shall 
be deemed to be permanently appointed thereto without 
being required to serve any probationary period. If such 
incumbent does not pass such qualifying examination, or 
if a majority of the voters voting on said Part 2 does not 
vote thereon in the affirmative, such incumbent may con- 
tinue to serve in said office for the remainder of the term, 
if any, for which he was appointed, but shall not be subject 
to chapter thirty-one of the General Laws. 

Approved April 2, 1948. 



YKS. 




NO. 





1S4 Acts, 1948. — Chaps. 193, 194. 

Chap. 193 An Act increasing the amount of money that may be 

BORROWED BY THE RAYNHAM CENTER WATER DISTRICT 
IN THE TOWN OF RA^TSJHAM. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 222 of the acts of 1947 
is hereby amended by striking out, in Hne 5, the words 
"one hundred" and inserting in place thereof the words: — 
one hundred and fifty, — so as to read as follows : — Sec- 
tion 4- For the purpose of paying the necessary expenses 
and liabilities incurred under the provisions of this act, 
other than expenses of maintenance and operation, the 
district may borrow from time to time such sums as may be 
necessary, not exceeding, in the aggregate, one hundred 
and fifty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, 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. 
Indebtedness incurred under this act shall be subject to the 
provisions of chapter forty-four of the General Laws per- 
taining to such districts. 

Section 2. 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 the check list, at 
any district meeting called within four years after its passage, 
but not otherwise. Approved April 2, 1948. 

Chap. 194: An Act relative to the deposit of municipal funds in 

BANKING COMPANIES. 

Be it enacted, etc., as follows: 

EdV"4ll''54 Section 1. Chapter 44 of the General Laws is hereby 

etc!, 'amended', amended by striking out section 54, as most recently amended 

by section 24 of chapter 358 of the acts of 1946, and inserting 

t "litiunds* °^ in place thereof the following: — Section 54- Trust funds, 

etc. ' including cemetery perpetual care funds, unless otherwise 

provided or directed by the donor thereof, shall be placed at 

interest in savings banks, trust companies incorporated 

under the laws of the commonwealth, banking companies 

incorporated under the laws of the commonwealth which 

are members of the Federal Deposit Insurance Corporation, 

or national banks, or invested by cities and towns in paid-up 

shares of co-operative banks, or in bonds or notes which 

are legal investments for savings banks. This section shall 

not apply to Boston. 

Fdwl'^'^' Section 2. Said chapter 44 is hereby further amended 

I's'sA, e'tc. by striking out section 55A, as most recently amended by 

amended. scction 2 of chapter 143 of the acts of the current year, and 

officios' n^ot insertmg in place thereof the following : — Section 55 A . A 

liable for loss city or towu officer receiving public money and lawfully 

by'iufuidation'* ^ud in good faith and in the exercise of due care depositing 

of depository. i\^q sams in a savings bank or trust company organized 



Acts, 1948. — Chaps. 195, 196, 197. 135 

under the laws of the commonwealth, a banking company 
organized under the laws of the commonwealth which is a 
member of the Federal Deposit Insurance Corporation, or 
in a national bank doing business in the commonwealth, 
or, in the case of the city of Boston, in accordance with the 
provisions of section fifty-five in a national bank or trust 
company in the city of New York, shall not be personally 
liable to the city or town for any loss of such money by 
reason of the closing up of such depository for the liquidation 
of its affairs. Approved April 2, 1948. 

An Act reviving general mortgage and loan cor- Qfiu^ 195 

PORATION FOR CERTAIN PURPOSES. 

Be it enacted, etc., as follows: 

General Mortgage and Loan Corporation, a corporation 
dissolved on April twenty-first, nineteen hundred and 
forty-two, by decree of the supreme judicial court for the 
county of Suffolk, is hereby revived and continued for a 
period of two years from the effective date of this act for 
the sole purpose of executing and delivering a discharge of 
a mortgage on certain real estate located in the city of 
Somerville in the county of Middlesex, said mortgage being 
recorded in the registry of deeds for the southern district 
of the county of Middlesex, in record book five thousand and 
ninety at page three hundred and eight. 

Approved April 2, 1948. 



An Act relative to the hours of labor of certain Qhar} IQfi 

WOMEN and children IN PLACES OF EMPLOYMENT WHERE 
THE PRINCIPAL SOURCE OF INCOME IS IN TIPS OR GRATUITIES. 

Be it enacted, etc., as follows: 

The first sentence of section 56 of chapter 149 of the G- l. (Ter. 
General Laws, as most recently amended by chapter 368 of ^toii'ameAied^' 
the acts of 1947, is hereby further amended by inserting 
after the word "Easter" in line 30 the following: — , except 
that in any place of employment where the principal source 
of income of certain employees is in tips or gratuities, upon 
the written petition of not less than sixty per cent of such 
employees, the commissioner may allow such periods of 
work to fall within a period not exceeding twelve consecutive 
hours. Approved April 5, 1948. 

An Act relative to the powers of city or town col- Chav 197 

LECTORS TO COLLECT ACCOUNTS. 

Be it enacted, etc., as follows: 

Section 38A of chapter 41 of the General Laws, as most Ed^'.ilr' 
recently amended by chapter 211 of the acts of 1941, is §38A. e'tc, 
hereby further amended by striking out the first sentence ^^^ ^ ' 
and inserting in place thereof the following sentence : — A 



136 



Acts, 1948. — Chap. 198. 



Powers of 

municipal 

collectors to 

collect 

accounts, 

regulated. 



city or town may by ordinance, by-law or vote, notwith- 
standing any other provision of law, general or special, 
provide that the collector of taxes shall collect, under the 
title of city or town collector, all accounts due the city or 
town, and may in like manner define his powers and duties 
in relation to the collection of such accounts, but no such 
ordinance, by-law or vote, heretofore or hereafter passed, 
shall limit such collector in the exercise of the remedies 
hereinafter conferred. Approved April 5, 1948. 



Chap. 19S An Act making appropriations for the maintenance 
OF departments, boards, coxmmissions, institutions 
and certain activities of the commonwealth, for 
interest, sinking fund and serial bond require- 
ments, AND FOR CERTAIN PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

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



Section 2. 



Service of the Legislative Department. 



Item 

0101-01 For the compensation of senators 

0101-02 For expenses of senators, including travel, 
for the year nineteen hundred and forty- 
nine ....... 

0101-03 For the compensation of representatives 

0101-04 For expenses of representatives, including 
travel, for the year nineteen hundred and 
forty-nine ...... 

0101-05 For the salaries of the clerk of the senate and 
the clerk of the house of representatives 

0101-06 For the salaries of the assistant clerk of the 
senate and the assistant clerk of the house 
of representatives ..... 

0101-07 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 . 

0101-08 For such additional clerical assistance to, and 
with the approval of, the clerk of the house 
of representatives, as may be necessary for 
the proper despatch of public business, 
including not more than three permanent 
positions ...... 



$102,500 00 

25,000 00 i 
602,500 00 ' 

148,000 00 
18,200 00 

13,200 00 



4,600 00 



9,600 00 



Acts, 1948. — Chap. 198. 



137 



Item 

0101-09 For the salary of the sergeant-at-arms . . $5,000 00 

0101-10 For clerical and other assistance employed 
by the sergeant-at-arms, including not 
more than four permanent positions . 9,550 00 

0101-11 For the compensation for travel of doorkeep- 
ers, assistant doorkeepers, general court 
officers, pages and other employees of the 
sergeant-at-arms, authorized by law to 
receive the same ..... 26,000 00 

0101-12 For the salaries of the doorkeepers of the 
senate and house of representatives, with 
the approval of the sergeant-at-arms, in- 
cluding not more than two permanent 
positions 7,000 00 

0101-13 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 65,500 00 

0101-14 For compensation of the pages of the senate 
and house of representatives, with the 
approval of the sergeant-at-arms, includ- 
ing not more than fifteen permanent po- 
sitions 12,850 00 

0101-15 For the salaries of clerks employed in the 
legislative document room, including not 
more than two permanent positions . . 7,950 00 

0101-17 For the salaries of the chaplains of the sen- 
ate and house of representatives, including 
not more than two permanent positions . 2,460 00 

0101-18 For personal services of the counsel to the 
senate and assistants, including not more 
than four permanent positions . . 28,300 00 

0101-19 For personal services of the counsel to the 
house of representatives and assistants, 
including not more than six permanent 
positions 42,930 00 

0101-20 For clerical and other assistance to the sen- 
ate committee on rules, including not 
more than two permanent positions . . 7,700 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 . 15,100 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 P'or 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- 
nine and the previous year, with the ap- 
proval of the clerks of the respective 
branches 125,000 00 

0102-03 For printing the manual of the general court, 
with the approval of the clerks of the two 
branches 8,000 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 . , 36,500 00 



138 



Acts, 1948. — Chap. 198. 



Item 

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 
senate ....... 

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 committee 
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 ex- 
penses in and about the state house, with 
the approval of the sergeant-at-arms, for 
the year nineteen hundred and forty-nine 
and previous years, to be in addition to any 
amount heretofore appropriated for the 
purpose ...... 

0102-12 For telephone service .... 

0102-13 For biographical sketches of certain state and 
federal officials ..... 

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 
0102-28 For expenses of the house committee on ways 
and means, to be in addition to any amount 
heretofore appropriated for the purpose . 

Total 

Service of the Judicial Department. 
Supreme Judicial Court, as follows: 
0301-01 For the salaries of the chief justice and of the 

six associate justices 
0301-02 For traveling allowances and expenses 
0301-03 For the salary of the clerk for the common- 
wealth ...... 

0301-04 For clerical assistance to the clerk 

0301-05 For law clerks, stenographers and other 

clerical assistance for the justices 
0301-06 For office supplies, services and equipment 
0301-07 For the salaries of the officers and messengers 
0301-08 For the commonwealth's part of the salary of 
the clerk for the county of Suffolk . 

Total 

Reporter of Decisions : 

0301-11 For the salary of the reporter of decisions . 

0301-12 For clerk hire and office supplies, services and 
equipment, including not more than four 
permanent positions .... 

Total ...... 

Superior Court, as follows: 
0302-01 For the salaries of the chief justice and of the 

thirty-one associate justices 
0302-02 For traveling allowances and expenses 
0302-03 For the salary of the assistant clerk, Suffolk 

County ...... 



$500 00 


250 00 


300 00 


800 00 


2,000 00 


500 00 



11,840 00 
9,000 00 

3,500 00 



200 00 



1,000 00 
$1,375,850 00 



$120,000 00 
1,500 00 

7,100 00 
3,070 00 

40,000 00 
5,000 00 
5,400 00 

1,500 00 

$183,570 00 



$7,000 00 



15,928 00 
$22,928 00 



$465,000 00 
22,000 00 

1,000 00 



Acts, 1948. — Chap. 198. 



139 



Item 
0302-04 



0303-01 



0303-02 



0304-01 

0305-02 
0305-03 
0305-06 



0306-21 
0306-41 
0306-61 
0306-81 



0306-22 
0306-42 
0306-62 
0306-82 



0306-23 
0306-43 
0306-63 
0306-83 



0306-24 
0306-44 
0306-84 



For clerical work, inspection of records and 
doings of persons authorized to admit to 
bail, for an executive clerk to the chief 
justice, and for certain other expenses in- 
cidental to the work of the court . . $15,950 00 

Total $503,950 00 

Judicial Council: 

For expenses of the judicial council, as au- 
thorized by section thirty -four C of chapter 
two hundred and twenty-one of the Gen- 
era! Laws, to be in addition to any amount 
heretofore appropriated for the purpose . $1,800 00 

For compensation of the secretary of the 
judicial council, as authorized by said sec- 
tion thirty-four C of said chapter two hun- 
dred and twenty-one . . . , 5,000 00 

Total $6,800 00 

Administrative Committee of District 
Courts: 
For compensation and expenses of the ad- 
ministrative committee of district courts . $6,500 00 

Probate and Insolvency Courts, as follows: 

For the compensation of judges of probate 

when acting for other judges of probate . 8,500 00 

For expenses of judges of probate when act- 
ing for other judges of probate . . 1,700 00 

For reimbursing officials for premiums paid 
for procuring sureties on their bonds, as 
provided by existing laws . . . 500 00 

For the salaries of judges of probate, regis- 
ters of probate, assistant registers and 
clerical assistance to registers of the sev- 
eral counties: 
Barnstable : 

Judge of probate 8,000 00 

Register 5,000 00 

Assistant register . . . , . 3,500 00 

Clerical assistance to register, including not 
more than three permanent positions . 5,730 GO 

Berkshire: 

Judge of probate 8,000 00 

Register 5,500 00 

Assistant register .... 4,000 00 

Clerical assistance to register, including not 

more than five permanent positions . 9,390 00 

Bristol: 

Judge of probate 10,000 00 

Register 7,000 00 

Two assistant registers .... 9,500 00 
Clerical assistance to register, including not 

more than eleven permanent positions . 21,480 00 

Dukes County: 

Judge of probate ..... 3,500 00 

Register . . . . . 3,000 00 

Clerical assistance to register, including not 
more than one permanent position . 1,740 00 



140 



Acts, 1948. — Chap. 198. 



Item 

0306-25 Two judges of probate .... S20,000 00 

0306-45 Register 7,500 00 

0306-65 Three assistant registers . . . 15,000 00 
0306-85 Clerical assistance to register, including not 

more than sixteen permanent positions . 32,885 00 

FrankUn : 

0306-26 Judge of probate 8,000 00 

0306-46 Register 5,000 00 

0306-66 Assistant register . . . . 3,500 00 

0306-86 Clerical assistance to register, including not 

more than two permanent positions . 3,690 00 

Hampden : 

0306-27 Two judges of probate .... 20,000 00 

0306^7 Register 7,000 00 

0306-67 Three assistant registers . . . 13,500 00 
0306-87 Clerical assistance to register, including not 

more than eleven permanent positions . 23,720 00 

Hampshire: 

0306-28 Judge of probate 8,000 00 

0306-48 Register 5,000 00 

0306-68 Assistant register .... 3,500 00 

0306-88 Clerical assistance to register, including not 

more than two permanent positions . 4,470 00 

Middlesex: 

0306-29 Two judges of probate . . . 24,000 00 

0306-49 Register 8,500 00 

0306-69 Four assistant registers . . . 26,000 00 
0306-89 Clerical assistance to register, including not 

more than forty permanent positions . 79,975 00 

Nantucket: 

0306-30 Judge of probate 3,500 00 

0306-50 Register 3,000 00 

0306-90 Clerical assistance to register . . 460 00 

Norfolk : 

0306-31 Judge of probate 12,000 00 

0306-51 Register 7,500 00 

0306-71 Three assistant registers . . 15,000 00 
0306-91 Clerical assistance to register, including not 

more than fifteen permanent positions . 29,940 00 

Plymouth : 

0306-32 Judge of probate 8,000 00 

0306-52 Register 5,500 00 

0306-72 Assistant register .... 4,000 00 
0306-92 Clerical assistance to register, including not 

more than six permanent positions . 11,310 00 

Suffolk: 
0306-33 Three judges of probate .... 39,000 00 

0306-53 Register 8,500 00 

0306-73 Four assistant registers .... 26,000 00 

0306-93 Clerical assistance to register, including not 
more than forty-eight permanent 
positions 98,225 00 

Worcester. 
0306-34 Two judges of probate .... 20,000 00 

0306-54 Register 7,500 00 



Acts, 1948. — Chap. 198. 



141 



Item 

0306-74 
0306-94 



0307-01 

030S-O1 
0308-02 
0308-03 



0309-01 



0310-01 



0310-02 



0310-03 



0310-04 



0310-05 



0310-06 



0310-07 



29,500 00 
$175,745 00 



Three assistant registers $15,000 00 

Clerical assistance to register, including not 

more than fifteen permanent positions . 30,210 00 

Total $786,425 00 

Administrative Committee of Probate 
Courts: 
For expenses of the administrative committee 

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 . . 102,745 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 
registered land ..... 

Total 

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 $78,000 00 

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 
positions . ... . $83,200 00 

For the salaries of the district attorney and 
assistants for the northern district, includ- 
ing not more than seven permanent posi- 
tions . . . • • 38,400 00 

For the salaries of the district attorney and 
assistants for the eastern district, includ- 
ing not more than five permanent posi- 
tions . . . . . . . 20,880 00 

For the salaries of the district attorney, 
deputy district attorney and assistants for 
the southeastern district, including not 
more than five permanent positions . . 23,040 00 

For the salaries of the district attorney and 
assistants for the southern district, includ- 
ing not more than four permanent posi- 
tions ... . 20,620 00 

For the salaries of the district attorney and 
assistants for the middle district, includ- 
ing not more than four permanent posi- 
tions . ... . 18,000 00 

For the salaries of the district attorney and 
assistants for the western district, includ- 
ing not more than three permanent posi- 
tions 12,480 00 



142 



Acts, 1948. — Chap. 198. 



Item 

0310-08 
0310-09 



0311-01 



0311-02 



0312-01 



0312-02 



For th& salary of the district attorney for the 
northwestern district .... 

For traveling expenses necessarily incurred 
by the district attorneys, except in the 
Suffolk 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-six permanent positions . 

For services other than personal, including 
printing the annual report, traveling ex- 
penses, rent, office supplies and equipment 

Total 

Service of the Board of Bar Examiners. 

For personal services of the members of the 
board and clerical assistance, including not 
more than six permanent positions . 

For other services, including printing the 
annual report, travehng expenses, office 
supplies and equipment .... 

Total . . . . . 



$4,800 00 

5,000 00 
.$226,420 00 



$102,805 00 

9,1.56 00 
$111,961 00 



$16,280 00 

7,490 00 
$23,770 00 



Suffolk County Court House. 

0318-01 For reimbursing the city of Boston for thirty 
per cent of the cost of maintenance of the 
Suffolk County court house, as provided by 
and subject to the conditions of section six 
of chapter four hundred and seventy-four 
of the acts oi the year nineteen hundred 
and thirtj'-five, to be in addition to any 
amount heretofore appropriated for the 
purpose; provided, that this appropria- 
tion shall not be construed as fixing the 
specific amount for which the common- 
wealth shall be liable on account of said 
maintenance ...... 



$130,000 00 



Service of the Executive Department. 

0401-01 For the salary of the governor . 

0401-02 For the salary of the lieutenant governor 

0401-03 For the salaries of the eight councillors 

0401-04 For the salaries of officers and employees of 
the department ..... 

0401-05 For certain personal services for the lieuten- 
ant governor and council 

0401-21 For travel and expenses of the lieutenant 
governor and council from and to their 
homes ...... 

0401-22 For postage, printing, office and other con- 
tingent expenses, including travel, of the 
governor ...... 

0401-23 For postage, printing, stationery, traveling 
and contingent expenses of the governor 
and council ...... 



$20,000 00 

6,000 00 

19,200 00 

67,100 00 

8,110 00 

3,000 00 

12,000 00 

6,500 00 



Acts, 1948. — Chap. 198. 



143 



Item 
0401-24 



0401-25 



For the cost of entertainment of distinguished 
visitors 1o the commonwealth, for the pay- 
ment of extraordinary expenses not other- 
wise provided for; and for transfers to 
appropriation 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 ad- 
ministration and finance, which, after 
investigation, 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 .... 

Total ...... 



$100,000 00 

1,800 00 

$243,710 00 



0402-0] 
0402-02 



0402-03 
0402-04 



Service of the Adjutant General. 

For the salary of the adjutant general . . $8,800 00 

For personal services and expenses of office 
assistants, including services for the prep- 
aration of records of Massachusetts soldiers 
and sailors, and including not more than 
eighteen permanent positions . . . 63,100 00 

This item included in 0402-02. 

For expenses not otherwise provided for in 
connection with military matters and 
accounts 5,300 00 

Total $77,200 00 



Service of the Organized Militia. 

0403-01 For allowances to companies and other ad- 
ministrative units, to be expended under 
the direction of the adjutant general . $160,000 00 

0403-03 For certain allowances for officers of the or- 
ganized militia, as authorized by para- 
graph (c) of section one hundred and 
twenty of chapter thirty-three of the Gen- 
eral Laws ...... 50,000 00 

0403-05 For pay and expenses of certain camps of 

instruction 60,000 00 

0403-07 For transportation of officers and non-com- 
missioned officers to and from military 
meetings and regimental and battalion 
drills 4,000 00 

0403-13 For compensation for special and miscel- 
laneous 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 nineteen thousand three hun- 
dred dollars may be expended for compen- 
sation for four full time positions . . 30,000 GO 

0403-14 For compensation for accidents and injuries 
sustained in the performance of military 
duty 4,000 OQ 



144 



Acts, 1948. — Chap. 198. 



Item 
0403-15 



0403-17 



0403-18 
0403-19 



0403-21 



To cover certain small claims for damages to 
private property arising from military 
maneuvers ...... 

For services and expenses of the military 
reservation located in Barnstable County, 
including compensation of one commis- 
sioner ....... 

For premiums on bonds for officers 

For instruction in military authority, organi- 
zation and administration, and in the ele- 
ments of military art .... 

(This item omitted.) 

Total 



$300 00 



3,290 00 
2,200 00 



10,000 00 



$323,790 00 



Service of the Stale Quartermaster. 

0405-01 For personal services and expenses of the 
state quartermaster, superintendent of 
arsenal and certain other employees of the 
state quartermaster, including not more 
than seven permanent positions . . $28,465 00 

0405-02 For personal services of armorers and assist- 
ant armorers of armories of the first class, 
superintendent of armories, and other 
employees, including not more than eighty- 
three permanent positions, and for operat- 
ing expenses of armories of the first class . 382,770 00 

0406-02 This item included in item 0405-01. 

0406-03 For the care and maintenance of the state 

camp ground and buildings at Framingham 2,400 00 

0406-04 This item included in item 0405-02. 

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-nine .• . .• • • . • 27,300 00 

0406-06 For expenses of maintaining and operating 
the Camp Curtis Guild rifle range, includ- 
ing not more than seven permanent posi- 
tions 20,000 00 

0406-08 This item included in item 0405-02. 

0406-09 For personal services and expenses of the com- 
monwealth depot and motor repair park, 
including not more than fourteen perma- 
nent positions ..... 86,480 00 

0406-10 This item included in item 0406-09. 

Total $547,415 00 



I 



Special: 
0406-24 For maintenance expenses of certain national 
guard aviation facilities .... 



$1,250 00 



0407-01 



0407-02 
0407-03 



Seroi.ce of the State Surgeon. 

For personal services and expenses of the 
state surgeon, and regular assistants, in- 
cluding not more than three permanent 
positions $28,430 00 

This item included in item 0407-01. 

This item included in item 0407-01. 

Total $28,430 GO 



Acts, 1948. — Chap. 198. 



145 



Item 



Senrice 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 and for ex- 
penses of the armorv commission 
0409-02 This item included in Item 0409-01. 

Total 



$320 00 



$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 and expenses 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 . . . 29,045 00 

0414-03 For personal services and expenses of the 
bureau of the comptroller, including not 
more than one hundred and twelve perma- 
nent positions, to be in addition to the 
amount authorized for the purpose in item 
2970-09 245,940 00 

0414-04 For personal services and expenses of the 
bureau of the budget commissioner, includ- 
ing not more than eight permanent posi- 
tions, to be in addition to the amount au- 
thorized for the purpose in item 2970-09 . 27,410 00 

0414-05 For personal services and expenses of the 
bureau of the purchasing agent, including 
not more than fifty-seven permanent posi- 
tions, to be in addition to the amount au- 
thorized for the purpose in item 2970-09 . 123,940 00 

0414-06 For personal services and expenses of the divi- 
sion of personnel and standardization, in- 
cluding not more than thirty-four perma- 
nent positions, to be in addition to the 
amount authorized for the purpose in item 
2970-09 87,080 00 

0414-09 This item included in items 0414-02, 0414-03, 
0414-04, 0414-05 and 0414-06. 

Total $543,915 00 

Telephone service: 
0414-10 For telephone service in the state house and 

expenses in connection therewith . , $60,000 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 $77,000 00 

Central maiUng room: 
0414-12 For personal services of the central mailing 
room, including not more than eight perma- 
nent positions $20,905 00 



146 



Acts, 1948. — Chap. 198. 



Item 



0414-31 



0416-01 

0416-02 

0416-03 
0416-04 
0416-05 



0416-11 
0416-12 



Personnel Appeal Boards: 
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 . . $500 00 

Service of the State Superintendent of Buildings. 

For personal services and office expenses of 
the superintendent and office assistants, in- 
cluding not more than five permanent 
positions . . . . . $17,590 00 

For personal services of engineers, assistant 
engineers, firemen and helpers in the en- 
gineer's department, including not more 
than forty-five permanent positions . . 111,320 00 

For personal services of capitol police, in- 
cluding not more than thirty-one perma- 
nent positions ..... 75,350 00 

For personal services of janitors, including 
not more than twenty-three permanent 
positions . . . . . . 46,130 00 

For other personal services and expenses in- 
cidental to the care and maintenance of 
the state house and of the Ford building, so 
called, including not more than eighty per- 
manent positions ..... 336,265 00 

This item included in item 0416-01. 

This item included in item 0416-05. 



Total $586,655 00 



0419-01 



0419-02 



Service of the State Planning Board. 

For personal services and expenses of secre- 
tary, chief engineer, and other assistants, 
including not more than thirteen perma- 
nent positions ..... 

This item included in item 0419-01. 

Total 



$62,000 00 



$62,000 00 



Special : 
0419-21 For expenses of the New England Interstate 
Water Pollution Control Commission, as 
authorized by chapter four hundred and 
twenty-one of the acts of nineteen hundred 
and forty-seven ..... $6,500 00 

Service of the Commissioners on Uniform State Laws. 
0420-01 For expenses of the commissioners . . $750 00 



Service of the State TAbrary. 

0423-01 For personal services and expenses of the 
Ubrarian, regular library assistants, tem- 
porary clerical assistance, and for services 
for cataloguing, including not more than 
twenty-eight permanent positions; and 
for books and other publications needed for 
the Hbrary, including necessary binding 
and rebinding incidental thereto; pro- 
vided, that contracts or orders for auch 
work shall not be subject to the restric- 
tions prescribed by section one of chapter 
five of the General Laws ., . . 



$86,890 00 



Acts, 1948. — Chap. 198. 147 

Item 

0423-02 This item included in item 0423-01. 
0423-03 This item included in item 0423-01. 
0423-04 This item included in item 0423-01. 

Service of the Art Commission. 
0424-01 For expenses of the commission . . . $200 00 

Service of the Ballot Law Commission. 

0425-01 For compensation and expenses of the com- 
missioners> including not more than three 
permanent positions .... $2,500 00 

0425-02 This item included in item 0425-01. 

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 nineteen hundred and forty-six, includ- 
ing not more than eleven permanent posi- 
tions $56,200 00 

Service of the Outdoor Advertising Authority. 

0428-01 For personal services and expenses of the 
outdoor advertising authority, as author- 
ized by chapter six hundred and twelve of 
the acts of nineteen hundred and forty- 
six, including not more than ten perma- 
nent positions $32,000 00 

Service of the Massachusetts Public Building Commission. 

0429-01 For personal services and other expenses of 
the Massachusetts public building com- 
mission, as authorized by chapter four 
hundred and sixty-six of the acts of nine- 
teen hundred and forty-seven, including 
not more than twelve permanent positions $42,240 00 

Service of the Massachusetts Aeronautics Commission. 

0442-01 For personal services of employees, including 
not more than seventeen permanent posi- 
tions, and for administrative expenses, in- 
cluding consultants' services, office rent 
and other incidental expenses . . . $74,675 00 

0442-21 For personal services and other expenses of 
maintenance and operation of the Han- 
8Com field, including not more than nine- 
teen permanent positions, as authorized 
by chapter four hundred and forty -two of 
the acts of nineteen himdred and forty -six 88,445 00 



Total $163,120 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 $1,550 00 



148 



Acts, 1948. — Chap. 198. 



Item 

0444-01 



0445-01 



0501-01 
0501-02 



0501-03 
0501-04 
0501-05 
0501-06 
0501-08 



0502-01 



0502-02 



0503-01 



0503-02 



0503-03 



0504-01 



For the Maintenance of the Old Stale Hovse. 

For the contribution of the commonwealth 
toward the maintenance of the old pro- 
vincial state house . .... $1,500 00 

Service of the Commission on Alcoholism. 

For personal services and other expenses of 
the commission on alcoholism, as author- 
ized by chapter five hundred and thirteen 
of the acts of nineteen hundred and forty- 
seven $9,440 00 

Service of the Secretary of the Commonwealth. 

For the salary of the secretary . . $8,000 00 

For personal services and expenses of the 

office of the secretary, including not more 

than sixty-seven permanent positions . 219,830 00 

This item included in item 0501-02. 
This item included in item 0501-02. 
This item included in item 0501-02. 
This item included in item 0501-02. 
This item included in item 0501-02. 

Total $227,830 00 

Specials: , 

For the purchase of certain supplies, equip- 
ment and repairs necessary in connection 
with the reproduction of the manuscript 
collection designated "Massachusetts Ar- 
chives", and for the furnishing of photo- 
static copies of corporation papers, election 
papers and acts and resolves . . $6,000 00 

For the purchase and distribution of copies 
of certain journals of the house of repre- 
sentatives of Massachusetts Bay from 
seventeen hundred and fifteen to seventeen 
hundred and eighty, inclusive, as author- 
ized by chapter four hundred and thirteen 
of the acts of nineteen hundred and twenty 750 00 

Total $6,750 00 

For printing laws, etc. : 
For printing and distributing the pamphlet 

edition and for printing and binding the 

blue book edition of the acts and resolves 

of the year nineteen hundred and forty- 
nine, to be in addition to any amount 

heretofore appropriated for the purpose $27,000 00 

For the printing of reports of decisions of the 

supreme judicial court, to be in addition to 

any amount heretofore appropriated for 

the purpose 20,000 00 

For printing and binding public documents, 

to be in addition to any amount heretofore 

appropriated for the purpose . . . 3,500 00 

Total $50,500 00 

For matters relating to elections: 
For personal and other services in preparing 
for primary elections, including not more 
than three permanent positions, and for the 



I 



Acts, 1948. — Chap. 198. 



149 



Item 



0504-02 



0504-03 



0504-04 

0504-05 
0504-07 



expenses of preparing, printing and dis-- 
triouting ballots for pnmary and other 
elections, to be in addition to any amount 
heretofore appropriated for the purpose . $168,000 00 

For the printing of blanks for town officers, 
election laws and blanks and instructions 
on all matters relating to elections, to be in 
addition to any amount heretofore appro- 
priated for the purpose .... 3,000 00 

For furnishing cities and towns with ballot 
boxes, and for repairs to the same; for the 
purchase of apparatus to be used at polling 
places in the canvass and counting of votes; 
and for providing certain registration 
facilities 3,000 00 

For expenses of publication of lists of candi- 
dates and forms of questions before state 
elections 25,000 00 

For services and expenses of the electoral 
college . . . . . . . 1,000 00 

For expenses of compiling and publishing in- 
formation to voters, as required by section 
fifty-three of chapter fifty-four of the Gen- 
eral Laws 88,000 00 

Total $288,000 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 authorized by sections twenty- 
one to twenty-four, inclusive, of chapter 
nine of the General Laws, including not 
more than two permanent positions 



$16,500 00 



Service oj the Treasurer and Receiver-General. 

0601-01 For the salary of the treasurer and receiver- 
general $7,000 00 

0601-02 For personal services and expenses of the 
office of the treasurer and receiver-general, 
including not more than thirty-nine per- 
manent positions, to be in addition to the 
amount authorized for the purpose in item 
2970-09 121,987 00 

0601-03 This item included in item 0601-02. 



Total 



$128,987 GO 



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, and for expenses of 
administration by the commissioners on 
firemen's relief ..... 
0602-02 This item included in item 0602-01. 

Total 



$15,300 00 



$15,300 00 



150 



Acts, 1948. —Chap. 198. 



Item 



0604-01 



0604-02 
0604-03 



State Board of Retirement: 

For personal services and expenses in the 
administrative office of the state board of 
retirement, including not more than thir- 
teen permanent positions 

This item included in item 0604-01. 

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 

Total ...... 



S35,240 00 



1,247,000 00 
$1,282,240 00 



Service of the Emergency Finance Board. 

0605-01 For administrative expenses of the emergency 
finance board, including not more than 
seven permanent positions 



$15,000 00 



Service of the Auditor of the Commonwealth. 

0701-01 For the salary of the auditor . $7,000 00 

0701-02 For personal services and expenses of the 
office of the auditor, including not more 
than thirty-five permanent positions, to be 
in addition to the amount authorized for 
this purpose in item 2970-09 . . . 103,460 00 

0701-03 This item included in item 0701-02. 

Total . . . $110,460 00 

Sermce of the Attorney General's Department. 

0801-01 For the salary of the attorney general . $10,000 00 

0801-02 For personal services and expenses of the 
office of the attorney general, including not 
more than fortv-two permanent positions 190,460 00 

0801-03 This item included in item 0801-02. 

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 . . . 8,000 00 

0802-02 For the settlement of certain small claims, as 
authorized by sections three A and three B 
of chapter twelve of the General Laws . 4,000 00 

Total $212,460 00 



Service of the Department of Agriculture. 

0901-01 For the salary of the commissioner 

0901-02 For personal services and expenses, including 
not more than twenty-two permanent 
positions ...... 

0901-03 This item included in item 0901-02. 

0901-04 This item included in item 0901-02. 

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 ..... 



$7,000 00 
77,820 00 

600 00 
4,785 00 4 



i 



Acts, 1948. — Chap. 198. 



151 



Item 

0901-22 



0905-01 



0905-02 
0905-03 



0906-01 



0906-02 



0907-01 



0907-02 
0907-03 
0907-04 
0907-05 
0907-06 



0907-07 



For personal services and other expenses of a 
program of soil conservation, as authorized 
by chapter five hundred and thirty-one of 
the acts of nineteen hundred and forty- 
five; provided, that no compensation or 
expenses of the supervisors referred to in 
said chapter shall be chargeable to this 
item $2,000 00 

Total $92,205 00 

Division of Dairying and Animal Hus- 
bandry : 

For personal services and expenses of the divi- 
sion, including the enforcement of the 
dairy laws of the commonwealth, and in- 
cluding not more than eight permanent 
positions $31,150 00 

This item included in item 0905-01. 

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 . 52,260 00 

Total $83,410 00 

Milk Control Board: 

For personal services and expenses of mem- 
bers of the board and their employees, in- 
cluding not more than seventy-five per- 
manent positions ..... $253,250 00 

This item included in item 0906-01. 

Total $253,250 00 

Division of Livestock Disease Control: 
For personal services and expenses of the 

office of the director, including not more 

than twenty-eight full-time permanent 

positions and not more than fifty per- 
manent intermittent positions . . . $128,690 00 
This item included in item 0907-01. 
This item included in item 0907-01. 
This item included in item 0907-01. 
This item included in item 0907-01. 
For reimbursement of owners of horses killed 

during the year nineteen hundred and 

forty-nine 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 . 3,400 00 

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 fortj'-nine and the 

previous year, to be in addition to any 

amount heretofore appropriated for the 

purpose 25,000 00 

Total $157,090 GO 



152 



Acts, 1948. — Chap. 198. 



Item 

0907-08 

0908-01 
0908-02 

0909-01 

0909-02 
0909-11 
0909-12 
0909-13 
0909-14 
0909-21 

0910-01 



1001-01 
1001-02 



1001-03 
1001-04 



1002-01 



1002-02 
1002-11 



1002-12 



1002-14 
1002-15 
1002-18 



Reimbursement of towns for inspectors of 
animals: 
For the reimbursement of certain towns for 
compensation paid to inspectors of animals $4,000 00 

Division of Markets: 
For personal services and expenses, including 

not more than thirteen permanent positions $54,345 00 
This item included in item 0908-01. 

Division of Plant Pest Control and Fairs: 
For persona! services and expenses, including 

not more than three permanent positions . $41,470 00 

This item included in item 0909-01. 
This item included in item 0909-01. 
This item included in item 0909-01. 
This item included in item 0909-01. 
This item included in item 0909-01. 
This item included in item 3809-21. 

State Reclamation Board: 
For expenses of the board, including not 

more than four permanent positions . $12,000 00 

Service of the Deparlmenl of Conservation. 

For the salary of the commissioner . . $7,000 00 

For personal services and expenses of the 

office of the commissioner, including not 

more than fifteen permanent positions . 60,767 00 

This item included in item 1001-02. 
This item included in item 1001-02. 



Total 

Division of Forestry: 

For personal services and expenses of the 
office of the director, including not more 
than five permanent positions . 

This item included in item 1002-01. 

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-nine and for pre- 
vious years ...... 

For personal services of the state fire warden 
and his assistants, and for other services, 
including traveling expenses of the state 
fire warden and his assistants, necessary 
supplies and 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 
authorized by section twenty-eight A of 
chapter forty-eight of the General Laws . 

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

For personal services and expenses, includ- 
ing not more than two permanent positions, 
in connection with establisliing forest 
cutting practices, as authorized by chap- 
ter five hundred and thirty-nine of the acts 
of nineteen hundred and forty-three . 



$67,767 00 



$16,540 00 



1,000 00 



137,720 00 

11,700 00 

1,000 00 



I 



6,650 00 



Acts, 1948. — Chap. 198. 153 

Item 

1002-21 For the development of state forests, includ- 
ing not ntiore than seventeen permanent 
positions, and including salaries and ex- 
penses of foresters and the cost of main- 
tenance of such nurseries as may be neces- 
sary 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 appro- 
priated for this purpose .... $150,000 00 

1002-31 For personal services, including not more than 
seven permanent positions, and for other 
expenses incidental to the suppression of 

insect pests and shade tree diseases, includ- ' 

ing gypsy and brown tail moths and Jap- 
anese beetles, and for reimbursement to 
cities and towns of a proportion of their 
expensps for such work, as provided by 
law 79,700 00 



Total $404,310 00 



Division of Fisheries and Game, Enforce- 
ment of Laws: 

1004-11 For personal services and expenses of con- 
servation officers, including not more than 
thirty-nine permanent positions, to be in 
addition to the amounts authorized for the 
purpose in items 3304-11 and 3304-12 . $75,305 00 

1004-12 This item included in item 1004-11. 



Total $75,305 00 



Division of Marine Fisheries: 
1004-70 For personal ser\dces and expenses of the 
office of the director, including not more 
than nine permanent positions, and includ- 
ing personal services and expenses re- 
quired in connection with the activities 
provided for under items 1004-84 and 

1004-85 $36,120 00 

1004-71 This item included in item 1004-70. 
1004- 72 This item included in item 1004-70. 



Enforcement of shellfish and other marine 
fishery laws: 

1004-81 For personal services and expenses of the 
administration and enforcement of laws 
relative to shellfish and other marine fish- 
eries, and for regulating the sale and cold 
storage of fresh food fish, including not 
more than sixteen permanent positions . 78,315 00 

1004-82 This item included in item 1004-81. 

1004-83 For expenses of purchasing lobsters, subject 
to the conditions imposed by section forty- 
three of chapter one hundred and thirty 
of the General Laws; provided, that the 
price paid for such lobsters shall not exceed 
the prevailing wholesale price for such 
lobsters in the district where purchased . 1,000 00 



154 



Acts, 1948. — Chap. 198. 



Item 

1004-84 



1004-85 



1004-87 



1004-90 



1004-93 



1004-91 



For the reimbursement 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 pro- 
vided shall not be subject to appropriation 
as required by section fifty-three of chap- 
ter forty-four of the General Laws . 

For the reimbursement to certain coastal 
cities and towns of a part of the cost of 
projects for the suppression of enemies of 
shellfish authorized by section twenty of 
chapter one hundred and thirty of the 
General Laws; provided, that the expendi- 
ture by said cities and towns of funds herein 
provided shall not be subject to appropria- 
tion as required by section fifty-three of 
chapter forty-four of the General Laws 

Total 

Specials: 

For the cost of construction and improve- 
ment of certain fishways, as provided by 
law . . . . . . 

For services and expenses of the Atlantic 
States Marine Fisheries Commission, as 
authorized by chapter four hundred and 
eighty-nine of the acts of nineteen hundred 
and forty-one ..... 

For experimental work with and consultant 
services of the Woods Hole Oceanographic 
Institute, for the purpose of increasing the 
supply of shellfish in the Commonwealth . 

Total ...... 

Bounty on seals: 
For bounties on seals ..... 



$12,500 00 



7,500 00 



$135,435 00 
$10,000 00 

4,600 00 

10,000 00 
$24,600 00 

$400 00 



Service of the Deparlment of Banking and Insurance. 

Division of Banks: 
1101-01 For the salary of the commissioner . . $8,500 00 

1101-02 For personal services and expenses, including 
not more than one hundred and forty-three 
permanent positions .... .541,780 00 

1101-03 This item included in item 1101-02. 



1 102-01 
1102-02 



1103-01 
1103-02 



Total 

Supervisor of Loan Agencies: 
For personal services and expenses, including 

not more than seven permanent positions 
This item included in item 1102-01. 

Total 

Division of Insurance: 
For the salary of the commissioner 
For other personal services and expenses of 
the division, including expenses of the 
board of appeal and certain other costs of 



$550,280 00 

$19,993 00 

$19,993 00 

$8,500 00 



I 



Acts, 1948. — Chap. 198. 155 



Item 



supervising motor vehicle liability insur- 
ance, and including not more than two hun- 
dred and nineteen permanent positions, 
partly chargeable to item 2970-02; pro- 
vided, that contracts or orders for the pur- 
chase of statement blanks for the making of 
annual reports to the commissioner of in- 
surance shall not be subject to the restric- 
tions prescribed bv section one of chapter 
five of the General Laws . . $588,320 00 

1103-03 This item included in item 1103-02. 



Total $596,820 00 

Division of Savings Bank Life Insurance: 
1105-01 For personal services and expenses, including 
not more than thirtv-two permanent posi- 
tions . . .' . . . . $92,670 00 
1105-02 This item included in item 1105-01. 



Total $92,670 00 



Service of the Department of Corporations and Taxation. 

1201-01 For the salary of the commissioner . $9,500 00 

1201-02 For personal services of the corporations and 
tax divisions, the division of field investi- 
gation and temporary taxes, the adminis- 
tration of an excise on meals and the 
income tax division, including certain posi- 
tions filled by the commissioner with the 
approval of the governor and council, and 
additional clerical and other assistants, 
totalling not more than six hundred and 
ten permanent positions, partly chargeable 
to item 2970-13, the sum of one million 
four hundred twenty-three thousand two 
hundred and ninety 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-eight, 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 pro- 
portions of the amount herein appropriated 
which arc properly chargeable to the cor- 
porations and tax divisions, the division of 
field investigation and temporary taxes, 
the cost of administration of an excise on 
meals and the income tax division, respec- 
tively. It is hereby further provided that 
the comptroller shall transfer to the Gen- 
eral Fund the sum of fifty thousand dollars 
from fees collected under section twenty- 
seven of chapter one hundred and thirty- 
eight of the General Laws, the sum of 
eighty thousand dollars fiom amounts col- 
lected under chapter sixty-four B of the 
General Laws and the sum of eight hun- 
dred and seventy thousand dollars from the 
receipts from the income tax, which sums 
are hereby included in this appropriation . 1,423,290 00 



156 



Acts, 1948. —Chap. 198. 



Item 
1201-03 



1201-12 



1201-22 



1202-02 



For other services and expenses of the cor- 
porations and tax divisions, including 
necessary office supplies and equipment, 
travel, and for printing the annual report 
to l>e in addition to the amount appropri- 
ated in item 2970-14 .... 

For expenses other than personal services of 
the division of field investigation and tem- 
porarj' taxes ...... 

For expenses other than personal services for 
the administration of an excise on meals 
the sum of eighteen thousand, one hundred 
and fifty-five dollars is hereby appropriated 
from the General Fund; provided, that 
a sum equivalent to the expenditures under 
this item shall be transferred to the General 
Fund from amounts collected under chap- 
ter sixty-four B of the General Laws 

For services other than personal of the in- 
come tax division, including traveling ex- 
penses, office supplies and equipment and 
rent, the sum of two hundred and thirtj'- 
seven thousand nine hundred and ninety 
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 

Total 



$47,1.50 00 
21,685 00 



18,155 00 



237,990 00 
$1,757,770 00 



1202-22 This item included in item 120.5-01. 



Division of Accounts: 

1203-01 For personal services including not more than 
one hundred and eighteen permanent posi- 
tions partly chargeable to item 1203-11, 
and for expenses ..... $146,19000 

1203-02 This item included in item 1203-01. 

1203-11 For services and expenses of auditing and in- 
stalling systems of municipal accounts, the 
cost of which is to be assessed upon the 
municipalities for which the work is done 334,180 00 

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 . . 30,000 00 

1203-21 For the administrative expenses of the county 
personnel board, including not more than 
six permanent positions .... 12,185 00 

Total $.522,555 00 



I 



Appellate Tax Board: 

1204-01 For personal serxnces and expenses of the 
members of the board and employees, in- 
cluding not more than twenty-seven per- 
manent positions ..... $132,995 00 

1204-02 This item included in item 1204-01. 

Total $132,995 00 



Acts, 1948. — Chap. 198. 



157 



Item 
1205-01 



Reimbursement of loss of taxes: 
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- 
tion for the calendar year nineteen hundred 
and forty-eight, and for the reimbursement 
of certain towns as authorized by section 
seventeen B of chapter fifty-eight of the 
General Laws ..... 



$.300,000 00 



Service of Ihe Department of Education. 

1301-01 For the salary of the commissioner . . $11,000 00 

1301-02 For personal services and expenses, including 
not more than fifty-seven permanent posi- 
tions 203,860 00 

1301-03 This item included in item 1301-02. 

1301-04 This item included in item 1301-02. 

1301-06 For printing school registers and other school 

blanks for cities and towns . 6,000 00 

1301-07 For expenses of holding teachers' institutes . 1,500 00 

1301-08 For aid to certain pupils in state teachers' 
colleges, under the direction of the depart- 
ment of education ..... 5,000 00 

1301-10 For the maintenance and operation of the 
state building on Newbury street, Boston, 
including not more than four permanent 
positions 24,000 00 

Total $251,360 00 



Specials: 

1301-18 For personal services and other expenses re- 
quired for the operation of an agency for 
surplus property ..... $12,685 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 authorized 
by sections twenty-six A to twenty-six F, 
inclusive, of chapter seventy-one of the 
General Laws, as amended . . 20,000 00 

1301-20 For personal services and expenses of the 
Board of Education, as required by chapter 
six hundred and fifty-two of the acts of 
nineteen hundred and forty-seven, and in- 
cluding not more than two permanent posi- 
tions 7,360 00 

1301-22 For personal services and expenses in connec- 
tion with the federal community school 
lunch program, so called; provided, that 
notwithstanding any other provision of 
law, persons employed hereunder sliall not 
be subject to the civil service laws or tiie 
rules and regulations made thereunder, nor 
to the laws regarding pensions and retire- 
ment, but their employment and salary 
rates shall be subject to the approval of the 
division of personnel and standardization . 56,400 00 

J30J-28 For the cost of preparation, printing and dis- 
tribution of courses of study for elementary 
grades in certain subjects, including 
science, to be in addition to any amount 
heretofore appropriated for the purpose . 3,500 00 



158 



Acts, 1948. — Chap. 198. 



Item 
1301-27 



1301-31 



1301-32 



1301-33 



1301-41 



1301-51 



1301-52 



1301-54 



1301-55 



1301-61 



1301-62 



1301-64 



1301-65 



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 .... $6,000 00 

Total $105,945 00 

Division of Vocational Education: 
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. $38,830 00 

Division of Vocational Rehabilitation: 

For the expenses of promotion of vocational 
rehabilitation in co-operation with the 
federal government .... $90,000 00 

For aid to certain persons receiving instruc- 
tion in the courses for vocational rehabilita- 
tion, as authorized by section twenty-two B 
of chapter seventv-four of the General 
Laws .."..... 10,000 00 

Total $100,000 00 

Education of deaf and bhnd pupils: 
For the education of deaf and blind pupils of 
the commonwealth, as provided by section 
twenty-six of chapter sixtv-nine of the 
General Laws . . ' . . . $520,000 00 

Reimbursement and aid: 

For assisting small towns in providing them- 
selves with school superintendezits, as pro- 
vided by law ..... $95,000 00 

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

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 . . 2,500,000 00 

For reimbursement of certain cities and 
towns for adult English-speaking classes . 70,000 00 



Total 



. $2,875,000 00 



University Extension Courses: 

For personal services and expenses, including 
not more than forty-five permanent posi- 
tions, and to be in addition to the amount 
authorized for the purpose in item 3513-61 $166,200 00 

This item included in item 1301-61. 

Total $166,200 00 

Enghsh-speaking classes for Adults: 

For personal services and expenses of ad- 
ministration, including not more than two 
permanent positions .... $8,800 00 

This item included in item 1301-64. 



Total 



$8,800 00 



Acts, 1948. — Chap. 198. 



159 



Item 

Division of Immigration and Americaniza- 
tion: 

1302-01 For personal ser\dces and expenses, including 
not more than nineteen permanent posi- 
tions ....... 

1302-02 This item included in item 1302-01. 

Total ...... 



$58,250 00 



$58,250 00 



Division of Public Libraries: 

1303-01 For personal services and expenses, including 
not more than seventeen permanent posi- 
tions, and for the purchase of books and 
other publications, and for the cost of 
binding and rebinding; provided, that con- 
tracts or orders for such work shall not be 
subject to the restrictions prescribed by 
section one of chapter five of the General 
Laws ....... 

1303-02 This item included in item 1303-01. 

1303-03 This item included in item 1303-01. 

Total ...... 



$64,370 00 



$64,370 00 



Division of the Bhnd: 

1.304-01 For general administration, furnishing in- 
formation, industrial and educational aid, 
and for carrjang out certain provisions of 
the laws establishing said division, includ- 
ing not more than twenty-five permanent 
positions ...... $74,104 00 

1304-06 For instruction of the adult blind in their 
homes, including not more than fourteen 
permanent positions .... 28,000 00 

1304-08 For aiding the adult blind, subject to the 
conditions provided by law, including the 
cost of certain medical assistance and 
supplies 620,500 00 

1304-10 For expenses of administering and operating 
the services of piano tuning and mattress 
renovating under section twenty-five of 
chapter sixty-nine of the General Laws . 30,000 00 

1304-11 For personal services and other expenses in 
connection with the operation of local 
shops, including not more than eight per- 
manent positions ..... 103,200 00 

1304-12 This item included in item 1304-11. 

1304-13 For personal services and other expenses in 
connection with the operation of the Wool- 
Ron House industries, including not more 
than two permanent positions . . 57,200 00 

1304-14 This item included in item 1304-13. 

1304-15 For the operation of the salesroom and other 
expenses in connection with the sale of 
materials made by blind persons, including 
not more than two permanent positions . 28,000 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 . . . 232,390 00 

1304-17 This item included in item 1304-16. 



Total 



$1,173,394 00 



160 



Acts, 1948. — Chap. 198. 



Item 

Reimbursement 
1304-27 For ' — 



1304-28 



1305-01 



1305-02 
1305-08 



Reimbursement: 

OT expenses of providing sight-saving classes, 
with the approval of said division . 

Special : 
For expenses of promotion of vocational re- 
habilitation in co-operation with the fed- 
eral government ..... 

Teachers' Retirement Board: 

For personal services and expenses, including 
not more than twenty-four permanent 
positions ...... 

This item included in item 1305-01. 

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 
hundred and forty-five .... 

Total 



$20,000 00 



$15,000 00 



$65,960 00 



3,600,000 00 
$3,665,960 00 



1305-04 



1306-01 



1306-02 
1306-10 



1307-00 

1307-21 
1308-00 

1308-21 
1309-00 

1309-21 



Rei mbursement : 
For reimbursement of certain cities and towns 

for pensions to retired teachers . . $622,355 00 

Massachusetts Maritime Academy: 
For personal services of the secretary and 

office assistants, and for expenses, including 

not more than two permanent positions . $8,020 00 

This item included in item 1306-01. 
For the maintenance of the academy and 

ship, including not more than fifty-two 

permanent positions, with the approval of 

the commissioner of education . . . 229,980 00 

Total $238,000 00 

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, includ- 
ing not more than sixty-two permanent 
positions, to be in addition to the amount 
authorized for the purpose in item 3513-07 $222,873 GO 

State teachers' college at Bridgewater, board- 
ing hall, including not more than thirty-two 
permanent positions .... 104,210 00 

State teachers' college at Fitchburg, includ- 
ing not more than sixty-four permanent 
positions, to be in addition to the amount 
authorized for the purpose in item 3513-08 154,862 00 

State teachers' college at Fitchburg, boarding 
hall, including not more than ten perma- 
nent positions ..... 69,345 00 

State teachers' college at Framingham, in- 
cluding not more than sixty-five perma- 
nent positions, to be in addition to the 
amount authorized for the purpose in item 
3513-09 . . . . . 219,157 GO 

State teachers' college at Framingham, board- 
ing hall, including not more than thirty- 
two permanent positions. . . . 90,000 00 



4 

i 



Acts, 1948. — Chap. 198. 



161 



Item 

1311-00 State teachers' college at Lowell, including 
not more than thirty-seven permanent 
positions, to be in addition to the amount 
authorized in item 3513-11 

1312-00 State teachers' college at North Adams, in- 
cluding not more than twenty-seven perma- 
nent positions, to be in addition to the 
amount authorized for the purpose in item 
3513-12 

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

1313-00 State teachers' college at Salem, including 
not more than fifty permanent positions, to 
be in addition to the amount authorized 
for the purpose in item 3513-13 

1314-00 State teachers' college at Westfield, includ- 
ing not more than tliirty permanent posi- 
tions, to be in addition to the amount au- 
thorized for the purpose in item 3513-14 . 

1314-21 State teachers' college at Westfield, board- 
ing hall, including not more than two 
permanent positions .... 

1315-00 State teachers' college at Worcester, includ- 
ing not more than forty-one permanent 
positions, to be in addition to the amount 
authorized for the purpose in item 3513-15 

1321-00 Massachusetts School of Art, including not 
more than twenty-eight permanent posi- 
tions, to be in addition to the amount au- 
thorized for the purpose in item 3513-21 . 

Total ...... 



$105,280 00 

()5.0<.)I 00 
12,000 00 

144,182 00 

79,228 00 
4,000 00 

102,039 00 

107,188 00 
$1,479,455 00 



Textile Institutes: 

1331-00 For the maintenance of the Bradford Durfee 
technical institute of Fall River, Vvath the 
approval of the commissioner of education 
and the trustees, including not more than 
twenty-two 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-eight, and to be in addition to the 
amount authorized for the purpose in item 
3513-31 

1332-00 For the maintenance of the Lowell textile in- 
stitute, with the approval of the commis- 
sioner of education and the trustees, includ- 
ing not more than sixty-three permanent 
positions, and including the sum of ten 
thousand dollars which is to be assessed 
upon the city of Lowell as a part of the 
charges to be paid by said city to the com- 
monwealth in the calendar year nineteen 
hundred and forty-eight, and to be in addi- 
tion to the amount authorized for the pur- 
pose in item 3513-32 .... 

1333-00 For the maintenance of the New Bedford 
textile institute, with the approval of the 
commissioner of education and the trus- 
tees, including not more than twenty-seven 



$75,763 00 



185,940 00 



162 Acts, 1948. — Chap. 198. 

Item 

permanent positions, and including the 
sum of ten thousand dollars which is to be 
assessed upon the city of New Bedford as 
a part of the charges to be paid by said city 
to the commonwealth in the calendar year 
nineteen hundred and forty-eight and to be 
in addition to the amount authorized for 
the purpose in item 3513-33 . . . $57,437 00 

Total $319,140 00 

University of Massachusetts: 
1341 00 I'or the maintenance of the University of 
Massachusetts, with the approval of the 
trustees, including not more than six hun- 
dred and twenty-two permanent positions, 
to be in addition to the amount authorized 
for the purpose in item 3513-41; and from 
the amount herein appropriated sums not 
exceeding in the aggregate five hundred 
dollars are hereby authorized to be ex- 
pended for experimental purposes in con- 
nection with the cultivation of beach 
plums, as authorized by chapter five hun- 
dred and tliirt5'-four of the acts of nineteen 
hundred and forty -one; and of the amount 
appropriated for maintenance of the con- 
trol services, one hundred seventy-seven 
dollars and seventeen cents is designated 
for reimbursement to the state treasurer 
to cover payment of salary made in nine- 
teen hundred and forty-six to Mr. Fay 
Wells, dairy cattle investigator, for serv- 
ices rendered after termination of his legal 
employment age due to superannuation . $2,388,260 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 ... . . . . . $18,000 00 

1402-02 For other personal services and expenses of 
the division, including not more than one 
hundred and sixty-two permanent posi- 
tions, to be in addition to the amount au- 
thorized for the purpose in item 2970-10 . 368,170 00 
1402-03 This item included in item 1402-02. 



I 



Total $386,170 00 

Special : 
1402-21 For expenses of hearings as authorized by 
section one of chapter six hundred and 
sixty-seven of the acts of nineteen hundred 
and forty-five, to be in addition to any 
amount heretofore appropriated for the 
purpose $600 00 

Division of Registration: 
1403-01 For the salary of the director and for other 
personal services and expenses of the divi- 
sion, including not more than forty-one 
permanent positions .... 179,910 00 



Acts, 1948. — Chap. 198. 



163 



Item 
1403-02 This item included in item 1403-01. 
1403-03 This it«m included in item 1403-01. 

Board of Registration in Medicine: 
1404-01 For personal services of the members of the 
board, including not more than seven per- 
manent positions ..... $H,300 00 
1404-03 This item included in item 1403-01.' 

Board of Dental Examiners: 
1405-01 For personal services of the members of the 
board, including not more than five per- 
manent positions ..... 3,800 00 
1405-02 This item included in item 1403-01. 
1405-03 This item included in item 1403-01. 

Board of Registration in Chiropody : 
1406-01 For personal services of the members of the 
board, including not more than five per- 
manent positions ..... 900 00 
1406-02 This item included in item 1403-01. 

Board of Registration in Pharmacy: 
1407-01 For personal services of agents, investigators 
and members of the board, including not 
more than nine permanent positions . 16,540 00 

1407-02 This item included in item 1407-01. 
1407-03 This item included in item 1403-01 . 

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 . . 3,405 00 

1408-02 This item included in item 1403-01. 

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 ..... 3,500 00 

1409-02 This item included in item 1403-01 . 

1409-03 This item included in item 1403-01. 

Board of Registration in Optometry : 
1410-01 For personal services of members of the 
board, including not more than five per- 
manent positions ..... 1 ,900 00 
1410-02 This item included in item 1403-01. 

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 ..... 000 00 

1411-02 This item included in item 1403-01. 

Board of Registration of Professional Engi- 
neers and of Land Surveyors: 
1412-01 This item included in item 1403-01. 

Board of Registration of Architects: 
1413-01 For personal services of members of the 
board, including not more than five per- 
manent positions ..... 2,5(M) 00 



164 



Acts, 1948. — Chap. 198. 



Item 

1413-02 This item included in item 1403-01. 

Board of Registration of Certified Public 
Accountants: 

1414-01 For personal services of members of the 
board, including not more than five per- 
manent positions ..... 

1414-02 This item included in item 1403-01. 



$675 00 



1416-01 



1116-02 



State Examiners of Electricians: 
For personal services of members of the 
board, including not more than two per- 
manent positions ..... 
This item included in item 1403-01. 



1,000 00 



State Examiners of Plumbers: 
1417-01 For personal services of members of the 
board, including not more than three per- 
manent positions ..... 
1417-02 T.his item included in item 1403-01. 



1,100 00 



1420-01 
1420-02 
1421-01 
1421-02 

1501-01 
1501-02 



1501-03 
1501-04 
1501-05 



1501-21 



1601-01 



Board of Registration of Barbers: 
For personal services of members of the 

board and assistants, including not more 

than eight permanent positions 
This item included in item 1403-01. 

Board of Registration of Hairdressers: 
For personal services of members of the board 
and assistants, including not more than 
seventeen permanent positions 
This item included in item 1403-01 

Total ...... 



21,410 00 



40,540 00 



.1i;284,080 00 



Service of the Deparlment of Industrial Accidents. 

For personal services of members of the 
board, including not more than nine per- 
manent positions ..... .$63,500 00 

For other personal services and expenses, in- 
cluding not more than one hundred and 
nineteen permanent positions . . . 328,445 00 

This item included in item 1501-02. 

This item included in item 1501-02. 

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-nine and the previous year . . 40,000 00 



1 



.1431,945 00 



Total 

Division of Self Insurance: 
For personal services and other expenses of 
the division, as authorized by chapter sixty 
of the acts of nineteen hundred and forty- 
five, including not more than six perma- 
nent positions ..... $18,555 00 

Service of the Department of Labor and Industries. 

For the salaries of the commissioner, assist- 
ant and associate commissioners, including 
not more than five permanent positions . $33,000 00 



i 



'M 



Acts, 1948. — Chap. 198. 



165 



Item 
1601-02 



1601-03 
1601-12 
1601-13 
1601-31 



1601-32 
1601-41 



1601-51 



1601-52 
1601-53 



1601-54 
1601-61 



1601-62 
1601-71 



1601-72 
1601-73 

1601-81 



1601-82 



1603-01 
1603-02 

1604-01 
1604-02 



For personal services and expenses of the 
administrative and inspectional services, 
including not more than seventy-oight 
permanent positions .... .$258,805 00 

This item included in item 1601-02. 

This item included in item 1601-02. 

This item included in item 1601-02. 

For personal services and expenses of the 
division of occupational hygiene, including 
not more than ten permanent positions 36,075 00 

This item included in item 1601-31. 

For personal services for the statistical serv- 
ice, including not more than thirty-six 
permanent positions, and for services other 
than personal, printing report and publica- 
tions, traveling expenses and office supplies 
and equipment for the statistical service . 97,160 00 

For personal services and expenses of the 
division on necessaries of life, including 
not more than five permanent positions . 14,970 00 

This item included in item 1601-51. 

For personal services and other expenses in 
administering sections two hundred and 
ninety-five A to two hundred and ninety- 
five O, inclusive, of chapter ninety-four of 
the General Laws, relating to the adver- 
tising and sale of motor fuel at retail, in- 
cluding not more than twelve permanent 
positions ... . . . 38,532 00 

This item included in item 1601-53. 

For personal services and expenses for the 
board of conciliation and arbitration, in- 
cluding not more than ten permanent 
positions ...... .50,515 00 

This item included in item 1601-61. 

For personal services and expenses of the 
minimum wage service, including not more 
than twenty-eight permanent positions . 75,380 00 

This item included in item 1601-71. 

For compensation and expenses of wage 
boards 8,650 00 

For personal services and expenses for the 
division of standards, including not more 
than seventeen permanent positions . 59,860 00 

This item included in item 1601-81. 

Total ?672,947 00 

Massachusetts Development and Industrial 
Commission : 

For personal services and expenses, and for 
the promotion and development of the in- 
dustrial, agricultural and recreational re- 
sources of the commonwealth, including 
not more than eleven permanent positions $216,135 00 

This item included in item 1603-01. 



Total $216,135 00 

Labor Relations Commission: 

For personal services and administrative ex- 
penses, including not more than twenty 
permanent positions .... $80,921 00 

This item included in item 1604-01. 



Total 



$80,921 00 



166 



Acts, 1948. — Chap. 198. 



Item 



1605-01 



1605-02 



Division of Apprentice Training: 
For personal services and expenses as au- 
thorized by sections eleven E to eleven L, 
inclusive, of chapter twenty -three of the 
General Laws, including not more than 
eight permanent positions 
This item included in item 1605-01. 

Total . . . ... 



$39,415 00 



$39,415 00 



Service of Ihe Department of Mental Health. 

1701-01 For the salary of the commissioner 

1701-02 For personal services and expenses including 
not more than ninety-two permanent 
positions ...... 

1701-03 For transportation and medical examination 
of state charges under its charge for the 
year nineteen hundred and forty-nine and 
for previous years ..... 

1701-04 This item included in item 1701-02. 

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 



$12,000 00 
294,980 00 

4,500 00 

90,000 00 
$401,480 00 



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 ....... 



$207,000 00 



Special : 
1702-21 



For the cost of boarding certain 
minded persons in private homes 



feeble- 



$3,500 00 



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 eighty perma- 
nent positions $507,650 00 

1711-00 Boston state hospital, including not more 
than seven hundred and forty-three perma- 
nent positions 2,004,047 00 

1712-00 Danvers state hospital, including not more 
than six hundred and thirty-one permanent 
positions ...... 1,514,767 00 

1713-00 Foxborough state hospital, including not 
more than three hundred and eighty-two 
permanent positions .... 908,197 00 



Acts, 1948. —Chap. 198. 



167 



Item 

1714-00 Gardner state hospital, including not more 
than three hundred and seventy-six perma- 
nent positions ..... 

1715-00 Grafton state hospital, including not more 
than five hundred and thirteen permanent 
positions ...... 

1716-00 Medfield state hospital, including not more 
than five hundred and twenty-three perma- 
nent positions ..... 

1717-00 Metropolitan state hospital, including not 
more than four hundred and seventy-nine 
permanent positions .... 

1718-00 Northampton state hospital, including not 
more than four hundred and ninety-eight 
permanent positions . . . . 

1719-00 Taunton state hospital, including not more 
than five hundred and twentj'-seven perma- 
nent positions ..... 

1720-00 Westborough state hospital, including not 
more than four hundred and seventy-nine 
permanent positions .... 

1721-00 Worcester state hospital, including not more 
than six hundred and fifty-six permanent 
positions ...... 

1722-00 Monson state hospital, including not more 
than four hundred and fifty permanent 
positions ...... 

1723-00 Belchertown state school, including not more 
than three hundred and thirty permanent 
positions ...... 

1724-00 Walter E. Fernald state school, including not 
more than five hundred and thirty-one 
permanent positions .... 

1725-00 Wrentham state school, including not more 
than four hundred and twenty-eight per- 
manent positions ..... 

1726-00 State school at Camp Myles Standish, so 
called, including not more than two hun- 
dred and twelve permanent positions 

Total ..... 



5946,835 00 

1,225,500 00 

1,203,911 00 

1,241,375 00 

1,337,385 00 

1,297,290 00 

1,165,936 00 

1,765,697 00 

1,072,185 00 

878,795 00 

1,284,346 00 

1,074,760 00 

612,855 00 
$20,041,531 00 



Service of the Department of Correclion. 

1801-01 For the salary of the commissioner . . $8,000 00 

1801-02 For personal services and expenses, including 
not more than twentv-four permanent 
positions . . '. . . . 86,480 00 

1801-03 This item included in item 1801-02. 

1801-04 This item included in item 1801-02. 

1801-05 This item included in item 1801-02. 

1801-07 This item included in item 1801-02. 

Total $94,480 00 



Division of Classification of Prisoners: 
1801-08 For expenses of the division hereby author- 
ized, including not more than eleven per- 
manent positions; provided, that the 
persons employed hereunder shall not be 
subject to civil service laws or the rules and 
regulations made thereunder . 



$35,670 00 



168 



Acts, 1948. — Chap. 198. 



Item 



1801-21 



1801-22 
1801-23 
1801-24 



1802-00 
1803-00 
1805-00 
1806-00 
1807-00 



Parole Board: 

For personal services and expenses, including 
not more than forty-three permanent posi- 
tions ....... 

This item included in item 1801-21. 

This item included in item 1801-21. 

This item included in item 1801-21. 

Total 

For the maintenance of and for certain 
improvements at the following institu- 
tions under the control of the Depart- 
ment of Correction: 

State farm, including not more than four 
hundred and fifty-three permanent posi- 
tions ....... 

State prison, including not more than one 
hundred and fifty-nine permanent posi- 
tions ....... 

Massachusetts reformatory, including not 
more than two hundred and two perma- 
nent positions ..... 

Reformatory for women, including not more 
than one hundred and twentj^-seven per- 
manent positions ..... 

State prison colony, including not more than 
two hundred and twenty-eight permanent 
positions ...... 

Total 



$142,950 00 



$142,950 00 



$1,504,973 00 

661,400 00 

826,680 00 

439,945 00 

803,200 00 
$4,236,198 00 



I 



1901-01 
1901-02 



1901-03 



1901-22 



1902-01 



1902-02 



Service of the Deparlmenl of Public Welfare. 

Administration ; 

For the salary of the commissioner . . $8,000 00 

For personal services and expenses, including 
not more than thirty-six permanent posi- 
tions 118,085 00 

This item included in item 1901-02. 

Total $126,085 00 

Special : 
For personal services and expenses in con- 
nection with the federal program for dis- 
tribution of surplus commodities; 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 there- 
under, nor to the laws regarding pensions 
and retirement, but their employment and 
salary rates shall be subject to approval of 
the division of personnel and standardiza- 
tion $7,990 00 

State Board of Housing: 

For personal services and expenses, as au- 
thorized by section eighteen of chapter 
eighteen of the General Laws, including 
not more than nine permanent positions . $45,770 00 

This item included in item 1902-01. 

Total $45,770 00 ! 



Acts, 1948. — Chap. 198. 



169 



Item 



1904-01 



1904-02 



Division of Aid and Relief: 

For personal services and expenses, including 
not more than one hundred and five per- 
manent positions ..... $274,860 00 

This item included in item 1904-01. 

Total $274,860 00 



Division of Child Guardianship: 
1900-01 For personal services and expenses, including 
not more than one hundred and ninet}'- 
nine permanent positions 
1906-02 This item included in item 1906-01. 
1 906-03 For the care and maintenance of children, in- 
cluding not more than two permanent 
positions ...... 

Total 



$518,490 00 



2,850,000 GO 



$3,368,490 00 



Tuition of children : 
1907-01 For tuition in the public schools, including 
transportation to and from school, of chil- 
dren boarded by the department, for the 
twelve months ending June thirtieth, nine- 
teen hundred and forty-eight . 



$365,000 00 



The following items are for reimbursement 
of cities and towns, and are to be in addi- 
tion to any unexpended balances of ap- 
propriations heretofore made for the pur- 
pose: 

1907-05 For the payment of suitable aid to certain 
dependent children .... 

1907-07 For the burial by cities and towns of indigent 
persons who have no legal settlement 

1907-08 For expenses in connection with smallpox and 
other diseases dangerous to the public 
health ....... 

1907-09 For the support of sick indigent persons who 
have no legal settlement 

1907-10 For temporary aid given to indigent persons 
with no legal settlement, and to sliip- 
wrecked seamen by cities and towns, and 
for the transportation of indigent per- 
sons under the charge of the department . 

1907-11 For the settlement of certain claims of the 
city of Boston, involving temporary aid 
given to indigent persons with no legal 
settlement, with the approval of the at- 
torney general ..... 

Total 



$3,800,000 00 

22,000 00 

213,000 00 

234,000 00 

1,750,000 00 

125,000 00 

$6,509,000 00 



Division of Juvenile Training, Trustees of 
Massachusetts Training Schools: 

1908-01 For personal services and expenses, including 
not more than seven permanent positions; 
provided that the position of business 
agent, so called, shall not be subject to the 
civil service laws or the rules and regula- 
tions made thereunder .... 

1908-02 This item included in item 1908-01. 



$26,890 00 



170 



Acts, 1948. — Chap. 198. 



It«m 



1908-1 1 



1908-12 
1908-13 



1908-31 



1908-32 



1908^0 



1915-00 

1916-00 
1917-00 



1918-00 



'^i 



1919-00 



2001-01 
2001-02 



2001-03 
2002-01 



Boys' Parole: 
For personal services of agents in the division 

for boys paroljed and boarded in families, 

and for expenses, including not more than 

twenty-five permanent positions . . $112,720 00 

This item included in item 1908-11. 
This item included in item 1908-11. 

Girls' Parole: 
For personal services of agents in the division 

for girls paroled from the industrial school 

for girls, and for expenses, including not 

more than eighteen permanent positions . 64,430 00 

This item included in item 1908-31. 

Total $204,040 00 

Instniction in public schools: 
For reimbursement of cities and towns for 
tuition of children attending the public 
schools $7,500 00 

For the maintenance of and for certain im- 
provements at the institutions under the 
control of the trustees of the Massachu- 
setts training schools, with the approval 
of said trustees, as follows: 
Industrial school for boys, including not more 
than one hundred and twenty-five perma- 
nent positions ..... 
Industrial school for girls, including not more 

than ninety-eight permanent positions 
Lyman school for boys, including not more 
than one hundred and forty-nine perma- 
nent positions ..... 

Total 

Massachusetts Hospital School: 
For the maintenance of the Massachusetts 
hospital school, including not more than 
one hundred and seventy-four permanent 
positions, to be expended with the approval 
of the trustees thereof . . . $435,000 00 

Tewksbury State Hospital and Infirmary: 
For the maintenance of the Tewksbury state 
hospital and infirmary, including not more 
than seven hundred and one permanent 
positions, to be expended with the ap- 
proval of the trustees thereof . 

Service of the Department of Public Health. 

Administration : 

For the salary of the commissioner 

For personal services of the health council and 
office assistants, and for expenses, includ- 
ing not more than twenty-five permanent 
positions ...... 

This item included in item 2001-02. 

Division of Local Health Administration: 
For personal services of the director and 
assistants, and district health officers, and 
for expenses, including not more than 
thirty-three permanent positions . . 138,300 00 



$327,500 00 
285,000 00 

452,000 00 
$1,064,500 00 



$1,793,520 00 

$10,000 00 
70,900 00 



Acts, 1948. — Chap. 198. 



171 



Item 
2002-02 



2003-01 
2003-02 
2004-01 
2004-02 
2005-01 



2005-02 

2006-01 
2006-02 



2007-07 



2007-08 
2008-11 



2008-12 

2009-01 
2009-02 

2010-01 



This item included in item 2002-01. 

Division of Cancer and Other Chronic Dis- 
eases : 
For personal services and expenses, of the 

division, including not more than sixteen 

permanent positions .... $97,530 00 

This item included in item 2003-01. 

Division of Maternal and Child Health: 
For personal serWces and expenses, of the 

division, including not more than twenty 

permanent positions .... $72,575 00 

This item included in item 2004-01. 

Division of Communicable Diseases: 

For personal services of the director, epi- 
demiologists, bacteriologists, and assistants 
in the diagnostic laboratory and the Was- 
sermann laboratory, and for expenses, in- 
cluding not more than thirty-eight perma- 
nent positions $114,200 00 

This item included in item 2005-01. 

Venereal Diseases: 

For personal services for the control of vene- 
real diseases, including not more than eight 
permanent positions .... $26,130 00 

For services other than personal, traveling 
expenses, office supplies and equipment, in- 
cluding the cost of medicines, hospitaliza- 
tion, and clinics, to be in addition to any 
amount heretofore appropriated for the 
purpose; provided, that the maximum 
rate to be paid for hospitalization shall not 
exceed four dollars and fifty cents per 
diem 255,000 00 

Division of Biologic Laboratories: 

For personal services and expenses in the in- 
vestigation and production of antitoxin and 
vaccine lymph and other specific material 
for inoculation, diagnosis and treatment, 
including not more than forty-eight perma- 
nent positions $153,705 00 

This item included in item 2007-07. 

For personal services and expenses, for a pro- 
gram for the production and utilization of 
blood plasma and other products derived 
from blood, including not more than thirty- 
nine permanent positions; provided, that 
no charge shall be made for said products . 126,635 00 

This item included in item 2008-11. 

Dental Health: 

For personal services and expenses of the divi- 
sion including not more than six permanent 
positions $23,745 00 

This item included in item 2009-01. 

Division of Hospital Inspection and Sur- 
vey: 
For personal services and expenses, including 
not more than three permanent positions $44,545 00 



172 



Acts, 1948. — Chap. 198. 



Item 



2012-01 



2012-02 



Inspection of Food and Drugs: 
For personal services of the director, analysts, 

inspectors and other assistants, and for 

expenses, including not more than thirtj'- 

one permanent positions 
This item included in item 2012-01. 



$103,190 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 for ex- 
penses, including not more than fifty-five 
permanent positions .... 
2015-02 This item included in item 2015-01. 

Total 



$210,705 00 



$1,447,160 00 



Division of Sanatoria and Tuberculosis: 

2020-01 For personal services and expenses of the 
division, including certain diagnostic clinics 
for tuberculosis, and including not more 
than thirty permanent positions . . $107,605 00 

2020-02 This item included in item 2020-01. 

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 . . . 35,000 00 

2020-1 1 To cover the payment of certain subsidies for 
the maintenance of hospitals for tubercular 
patients . ... . . . 365,000 00 

Total $507,605 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 forty -two per- 
manent positions ..... 

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

2024-00 Rutland state sanatorium, including not more 
than two hundred and sixty-eight perma- 
nent positions ..... 

2025-00 Westfield state sanatorium, including not 
more than two hundred and eighty-three 
permanent positions .... 



Total 



$554,000 00 

457,490 00 

647,600 00 

723,100 00 
. $2,382,190 00 



Pondville Hospital: 
2031-00 For maintenance of the Pondville hospital, 
including care of radium, and including not 
more than two hundred and twenty-eight 
permanent positions .... 



$569,340 00 



2101-01 



Service of the Department of Public Safety. 

Administration : 
For the salary of the commissioner 



$7,000 00 



Acts, 1948. — Chap. 198. 



[173 



Item 
2101-02 

2101-03 



2102-01 

2102-02 
2102-03 
2102-04 



2103-01 



2103-02 
2103-03 
2103-04 



2104-01 

2104-02 
2104-11 



2104-12 
2104-21 



2104-22 



2104-31 
2104-32 



2105-11 

2105-12 
2105-13 



For personal services and expenses, includ- 
ing not more than eighty-three perma- 
nent positions ..... 

This item included in item 2101-02. 

Total 

Division of State Police: 

For the salaries of officers and detective in- 
spectors, including not more than three 
hundred and fifty-nine permanent posi- 
tions partly chargeable to items 2970 04 
and 3604-21 

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

For other necessary expenses of the division, 
to be in addition to the amounts appro- 
priated in items 2970-05 and 3604-22 

For expert assistance to the commissioner, 
and for maintenance of laboratories, in- 
cluding not more than eight permanent 
positions ...... 

Total 

Fire Prevention Service: 

For personal services and expenses, including 
not more than twenty-one permanent 
positions ...... 

This item included in item 2103-01. 

This item included in item 2103-01. 

This item included in item 2103-01. 

Total 

Division of Inspection : 

For personal services and expenses, including 
not more than one permanent position 

This item included in item 2104-01. 

For personal services of officers for the build- 
ing inspection service, and for expenses, 
including not more than thirty -three per- 
manent positions ..... 

This item included in item 2104-11. 

For personal services of officers for the 
boiler inspection service, and for expenses, 
including not more than twenty-six per- 
manent positions ..... 

This item included in item 2104-21. 

Total ...... 

Board of Boiler Rules: 
For personal services and expenses, including 

not more than four permanent positions 
This item included in item 2104-31. 

Total ...... 

State Boxing Commission: 

For personal services and expenses, includ- 
ing not more than five permanent positions 

This item included in item 2105-11. 

This item included in item 2105-11. 

Total 



$238,675 00 



$245,675 00 



$186,665 00 
260,000 00 
143,800 00 

28,500 00 
$618,965 00 

$99,130 00 

$99,130 00 
$6,840 00 

135,870 00 

107,710 00 
$250,420 00 

$1,500 00 
$1,500 00 

$27,240 00 
$27,240 00 



174 



Acts, 1948. — Chap. 198. 



Item 
2106-01 



Board of Standards: 
For personal services and expenses of the 
board, including not more than seven per- 
manent positions , . . . . 



$6,100 00 



Board of Elevator Regulations: 
2107-01 For personal services and expenses of the 
board, as authorized by chapter six hun- 
dred and forty-three of the acts of nine- 
teen hundred and forty-five, including not 
more than seven permanent positions 



$6,100 00 



Board of Fire Prevention Regulations: 
2108-01 For personal services and expenses of the 
board, as authorized by chapter seven 
hundred and ten of the acts of nineteen 
hundred and forty -five, including not more 
than six permanent positions . 



$5,300 00 



Service of the Deparlmcvl of Public Works. 

Functions of the department relating to 
waterways and pubhc lands: 

2202-01 For personal services of the director, chief 
engineer and assistants, and for expenses, 
including not more than twenty perma- 
nent positions $66,600 00 

2202-02 This item included in item 2202-01. 

2202-03 For the care and maintenance of the prov- 
ince lands and of the lands acquired and 
structures erected by the Provincetown 
tercentenary commission, including not 
more than five permanent positions . 9,500 00 

2202-04 For the compensation of dumping inspectors 1,000 00 

2202-06 For the maintenance and repair of certain 
property in the town of Plymouth, includ- 
ing not more than two permanent positions 5,000 00 

2202-07 For the operation and maintenance of the 
New Bedford state pier, including not more 
than eight permanent positions . 18,000 00 

2202-08 For the operation and maintenance of the 
Cape Cod Canal pier, including not more 
than one permanent position . . . 5,000 00 

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 obstruc- 
tions from tidewaters and great ponds . 50,000 00 

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 
entire cost of surveys and of the prepara- 
tion of preliminary plans for projects pro- 
posed to be undertaken hereunder, and any 
unexpended balance of the appropriation 
for these purposes remaining on June thir- 
tieth, nineteen hundred and forty-eight 
may be expended in the succeeding fiscal 
year; provided, that all other expenditures 
for work undertaken hereunder, including 



i 



Acts, 1948. — Chap. 198. 



175 



Item 



2202-12 



2202-13 



2230-02 



2230-03 



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 

organizations 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 . $100,000 00 

For re-establishing and permanently marking 

certain triangulation points and stations, 

as required by order of the land court in 

accordance with section thirty-three of 

chapter ninety-one of the General Laws . 800 00 

For expenses of surveying certain town 

boundaries by the department of public 

works 300 00 

The unexpended balance of the amount 
previously appropriated for improve- 
ments in Menemsha Creek in the towns 
of Chilmark and Gay Head, as author- 
ized by and subject to the conditions of 
chapter seventy of the resolves of nine- 
teen hundred and thirty-nine, is hereby 
reappropriated. 

Total $256,200 00 

Functions of the department relating to 
airports : 

For personal services and expenses of operat- 
ing the Logan Airport, including not more 
than one hundred and eleven permanent 
positions $534,500 00 

This item included in item 2230-02. 



Service of the Department of Public Utilities. 

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

2301-02 For personal services and expenses, includ- 
ing not more than fifty-seven permanent 
positions ...... 

2301-03 This item included in item 2301-02. 

2301-04 This item included in item 2301-02. 

2301-05 This item included in item 2301-02. 

2301-06 This item included in item 2301-02. 

2301-07 This item included in item 2301-02. 

2301-08 This item included in item 2301-02. 

Total 



$41,000' 00 
205,375 00 



$246,375 00 



Special investigations: 

2301-09 For personal services and expenses of hear- 
ings 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 .... $15,000 00 

2301-10 For personal services and expenses of an in- 
vestigation of the New York, New Haven 
and Hartford Railroad Company, includ- 
ing exfjenses of the department of the at- 
torney general in connection with said in- 
vestigation 10,000 00 



176 



Acts, 1948. — Chap. 198. 



Itam 
2301-12 



2302-01 
2302-02 



2304-01 



2304-02 



For personal services and expenses of an audit 
of the metropolitan transit authority, in- 
cluding the cost of preparation of a report 
thereon, as authorized by chapter five 
hundred and forty-four of the acts of nine- 
teen hundred and forty-seven . 

Investigation of Gas and Electric Light 
Meters : 
For personal services and expenses, including 

not more than twelve permanent positions 
This item included in item 2302-01. 

Total 

Commercial Motor Vehicle Division: 
For personal services and expenses, including 
not more than thirty-one permanent posi- 
tions ....... 

This item included in item 2304-01. 

Total 



Sale of Securities: 
2308-01 For personal services and expenses, including 

not more than nine permanent positions . 
2308-02 This item included in item 2308-01. 

Total 



$10,000 00 



$42,990 00 



$42,990 00 



$111,030 00 



$111,030 00 



$30,025 00 



$30,02.5 00 



i 



Interest on the Public Debt. 

2410-00 For the payment of interest on the direct debt 
of the commonwealth, to be in addition to 
the amounts appropriated in items 2951-00, 
3180-02 and 3590-02 .... 



$231,250 00 



Requirements for Extinguisiiing the State Debt. 

2420-00 For sinking fund requirements and for cer- 
tain serial bonds maturing during the year 
nineteen hundred and forty-nine, to be in 
addition to the amount appropriated in 
items 2952-00 and 3180-01 

2501-01 Notwithstanding any provision of law regu- 
lating the determination of the total 
amounts of receipts from income taxes to 
be paid to cities and towns without appro- 
priation, the sum of twenty-eight million 
dollars is hereby appropriated from the 
General Fund for payment of the amounts 
due to them from such receipts, and the 
total amounts to be paid by the state 
treasurer on or before November twentieth, 
nineteen hundred and forty-eight from the 
sum herein appropriated, shall be not less 
than nine million, nine hundred thousand 
dollars; provided, that a sum equivalent 
to the expenditures under this item shall 
be transferred from said receipts to the 
General Fund ..... 

2501-02 Notwithstanding any provision of law regu- 
lating the determination of the total 
amounts of receipts from taxes paid by 
domestic business and domestic manufac- 



$3,040,000 00 



28,000,000 00 



Acts, 1948. — Chap. 198. 



177 



Item 



turing . corporations and foreign manufac- 
turing and other foreign corporations to be 
paid to cities and towns, heretofore paid 
without appropriation, the sum of twenty- 
seven milhon dollars is hereby appropriated 
from the General Fund for payments of 
the amounts due to them from such re- 
ceipts, and the total amounts to be paid 
by the state treasurer, on or before Novem- 
ber thirtieth, nineteen hundred and forty- 
eight, from the sum herein appropriated, 
shall be not less than fifteen million dollars; 
provided, that a sum equivalent to the 
expenditures under this item shall be 
transferred from said receipts to the 
General Fund ..... 



$27,000,000 00 



Unclassified Accounts and Claims. 

2801-00 For the maintenance of Bunker Hill monu- 
ment and the property adjacent, to be 
expended by the metropolitan district 
commission $17,000 00 

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, 
inclusive, of chapter thirty-two of the 
General Laws 400,000 00 

281 1-03 For the compensation of certain prison officers 
and instructors formerly in the service of 
the commonwealth, now retired . 62,000 00 

2811-04 For the compensation of state police officers 
formerly in the service of the common- 
wealth, now retired .... 50,000 00 

2812-01 For projects for dredging channels and filling 
flats, and for the removal of wrecks and 
other obstruction from tidewater, to be in 
addition to any amounts heretofore made 
available for the pur]30se to be expended 
under the direction of the Port of Boston 
Authority 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-nine 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 



178 Acts, 1948. — Chap. 198. 

ttem 

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 $650,210 00 

Purchase of Motor Vehicles. 

2820-32 For the purchase by the state purchasing 
agent of motor vehicles for which funds 
are not otherwise available, to be in addi- 
tion to the amount appropriated in item 
2970-12. Motor vehicles purchased under 
this item are to be allocated, with the ap- ; 

proval of the commission on administra- ! 

tion and finance, to the various depart- ; 

ments and agencies of the commonwealth, ; 

and transfers of the sums required for said j 

purchases are to be authorized by said ; 

commission from the amount herein appro- ; 

priated to appropriations made for the ; 

services of said departments and agencies . $250,000 00 i 

Rental of State Offices. j 

2820-33 For rental of office space outside of the state ] 

house, including the cost of moving and \ 

expenses incidental thereto, the sum of j 

ten thousand dollars is hereby appro- 3 

priated and made available for transfer, f 

with the approval of the commission on ■J 

administration and finance, to appropria- ^ 

tions where the amounts otherwise avail- | 
able are insufficient for the purpose . . $10,000 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 

2900-01 For the salaries of the commissioner and the 

«>: ''••• associate commissioners, including not 

more than three permanent positions $21,840 00 

2921-01 This item included in item 2900-01. 

2921-02 This item included in item 2900-45. 

2921-03 This item included in item 2900-45. 

2921-04 This item included in item 2900-45. 

2921-05 This item included in item 2900-45. 

Functions of the department relating to 
highways: 
2900-02 For personal services and expenses of ad- 
ministrative and engineering work per- 
formed in connection with all highway 
' -:, ■ . activities; for personal services and ex- 



Acts, 1948. — Chap. 198. 179 



Uem 



penses of the department secretary and 
department business agent; and for the 
payment of damages caused by defects in 
state highways, with the approval of the 
attorney general $5,412,500 00 

2900-04 For the maintenance and repair of state high- 
ways and bridges, including control of snow 
and ice on state highways and town roads, 
and for the maintenance of traffic signs 
and signals; for personal services and ex- 
penses of work for which the highway fund 
is reimbursed, other than work in connec- 
tion with projects included in federal aid 
programs; for the cost, not exceeding sev- 
enty-five thousand dollars, of increasing 
the inventory held in storerooms of the 
department; and for the payment of per- 
sonal services and expenses in connection 
with the purchase, construction and repair 
of shelters for departmental equipment and 
material, the cost of which is less than five 
thousand dollars for each project . 0,532,500 00 

2900-10 For projects for the construction and re- 
construction of highways and bridges, 
including the elimination of grade cross- 
ings, which have been approved by the 
proper federal authorities to be included in 
federal aid programs, and for land dam- 
ages in connection with such projects; 
provided, that any portion of the sum 
herein appropriated 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 17,000,000 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 im- 
provements on other through routes not 
designated as state highways and without 
acceptance by the oonimonwealth of re- 
sponsibiUty for maintenance; provided, 
that no portion of the sum herein appro- 
priated shall be used, whether or not in 
conjunction with city or town funds, for 
projects which can be included in federal 
aid programs 3,000,000 00 

2900-17 I'or projects for the construction and mainte- 
nance of town and county ways, as pro- 
vided in subdivision two (a) of section 
thirty-four of chapter ninety of the General 
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 appropriated 
shall be available for maintenance projects 
on said town and county ways . . 3,000,000 00 



180 



Acts, 1948. — Chap. 198. 



Item 
2900-18 



2900-45 



For aiding towns in the repair and improve- 
ment of pul)lic 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 nine- 
teen hundred and forty-five 

For personal services and expenses in the 
office of the commissioner, including tele- 
phone service in the public works building, 
and including not more than nineteen 
permanent positions .... 



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 chap- 
ter sixty-eight of the acts of nineteen hun- 
dred and forty-three, is hereby continued 
for the year nineteen hundred and forty- 
nine under the terms and conditions pre- 
scribed by said items of said chapter sixty- 
eight; provided, that the total amount to 
be expended for capital outlay for the pur- 
chase of equipment from this account in the 
year nineteen hundred and forty-nine shall 
not exceed eight hundred and fifty thou- 
sand dollars; and the sum of five hundred 
thousand dollars is hereby appropriated, 
to be in addition to any amounts other- 
wise available for this purpose . 



2900-80 



2900-81 
2900-82 



2900-90 



2923-72 



2924-01 



2924-02 



$2,080,000 00 



$80,000 00 



2924-03 



Public Works Building: 

For personal services and expenses of opera- 
tion and maintenance of the public works 
building, including not more than eighty 
permanent positions .... 

This item included in item 2900-80. 

This item included in item 2900-80. 

Specials : 

For the cost of installation of certain lights in 
the public works building, to be in addi- 
tion to any other amount appropriated for 
the purpose ..... 

For stream clearance projects, as authorized 
by sections one to four, inclusive, of chap- 
ter five hundred and thirteen of the acts 
of nineteen hundred and thirty-nine. 

Registration of Motor Vehicles: 
For personal services, including not more 
than seven hundred and nine permanent 
positions ..... 

For services other than personal, including 
traveling expenses, purchase of necessary 
supplies and materials, including cartage 
and storage of the same, and for work inci- 
dental to the registration and licensing of 
owners and operators of motor vehicles 
For printing and other expenses necessary in 
connection with publicity for certain safety 
work ...... 

Total 



$500,000 00 



$271,313 00 



$10,000 00 



$10,000 00 



$1,768,430 00 



747,325 00, 

7,500 00 
$2,523,255 00 



Acts, 1948. — Chap. 198. 



181 



Item 



2931-01 



2931-03 
2931-04 



2951-00 



2952-00 



2970-01 



2970-02 



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-four permanent positions, partly 
chargeable to item 8501-00 

For maintenance of boulevards and parkways, 
including installation of traffic lights 

For the construction, reconstruction and im- 
provement of boulevards and parkways, 
including bridges, and including the resur- 
facing and repairing thereof, to be in addi- 
tion to any amount heretofore appropriated 
for the purpose ..... 



$44,290 00 
1,870,145 00 



Total 



1,750,000 00 
$3,664,435 00 



Interest on the Public Debt. 



2970-03 



For the payment of interest on the direct 
debt of the commonwealth, to be in addi- 
tion to the amount appropriated in items 
2410-00, 3180-02 and 3590-02 . . $3,032 50 

Requirements for Extinguishing the State Debt. 

For sinking fund requirements and certain 
serial bonds maturing during the year nine- 
teen hundred and forty -nine, to be in addi- 
tion to the amount appropriated in items 
2420-00 and 3180-01 .... $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 nine- 
teen hundred and forty-five, to be in addi- 
tion to the amount appropriated in item 
0604-03 $63,000 00 

Service of the Department of Banking and Insurance. 

Division of Insurance: 

For other personal services and e.xpenses of 
the division, including expenses of the 
board of appeal and certain other costs of 
supervising motor vehicle liability insur- 
ance, to be in addition to the amount ap- 
propriated in item 1103-02 . . . $132,860 00 

This item omitted. 



Service of the Department of Public Safety. 

Division of State Police: 

2970-04 For the salaries of officers and detective in- 
spectors, to be in addition to the amount 
appropriated in items 2102-01 and 3604-21 

2970-05 For other necessary expenses of the division, 
to be in addition to the amount appropri- 
ated in items 2102-03 and 3604-22 . 

Total 



$700,000 00 



300,000 00 
$1,000,000 00 



182 Acts, 1948. — Chap. 198. 

Item 

Unclassified Accounts and Claims. 

2970-07 For the compensation of certain public em- 
ployees for injuries sustained in the course 
of their employment, for the year nineteen 
hundred and forty-nine 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 . $60,000 00 

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 eighty-eight thousand, five 
hundred and eight dollars is hereby appro- 
priated 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 






$5,656 00 
77,600 00 
4,190 00 
27,560 00 
18,144 00 
31,058 00 
24,300 00 


$188,508 00 



Service of the Department of Civil Service and Registration. 

Division of Civil Service: 
2970-10 For other personal services and expenses of 
the division, to be in addition to the 
amount authorized for this purpose in item 
1402-02 $78,635 GO 

Purchase of Motor Vehicles. 

2970-12 For the purchase by the state purchasing 
agent of motor vehicles for which funds are 
not otherwise available, to be in addition 
to the amount appropriated in item 
2820-32. Motor vehicles purchased under 
this item are to be allocated, with the 
approval of the commission on administra- 
tion and finance, to the various depart- 
ments and agencies of the commonwealth, 
and transfers of the sums required for said 
purchases are to be authorized by said 
commission from the amount herein appro- 
priated to appropriations made for the 
services of said departments and agencies . $40,000 00 



Service of the Department of Corporations and Taxation. 

2970-13 To cover the estimated cost of personal serv- 
ices for the collection of the gasoline tax, so 
called, and to be in addition to the amount 
appropriated in item 1201-02 . . . $85,000 00 



Acts, 1948. — Chap, 198. 



183 



It«m 
2970-14 



To cover the fstimated cost of other expenses 
for the collection of the gasohne tax, so 
called, and to be in addition to the amount 
appropriated in item 1201-03 . . . $11,800 00 

Total $96,800 00 



The Following Appropriations are made from the Port of Boston 

Fund: 

Port of Boston Authority: 
3140-01 For personal services, including not more 
than fifty-three permanent positions, and 
other expenses of administration, including 
the cost of advertising and of maintenance 
of certain offices outside of the common- 
wealth, and the cost of engineering pro- 
vided that no compensation or expenses of 
consultants for legal services shall be 
chargeable to this item .... $285,470 00 
3150-01 For personal services, including not more than 
seventy-seven 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 . 300,960 00 

Requirements for Extinguishing the State 
Debt: 
3180-01 For sinking fund requirements and certain 
serial bonds maturing in the year nineteen 
hundred and forty-nine, to be in addition 
to the amounts appropriated in items 
2420-00 and 2952-00 .... 180,000 00 

Interest on the Public Debt: 
3180-02 For the payment of interest on the direct 
debt of the commonwealth, to be in addi- 
tion to the amounts appropriated in items 
2410-00, 2951-00, and 3590-02 . . 47,738 GO 

Total $814,168 00 



The Following Appropriations are made from the Inland Fish- 
eries AND Game Fund. 

Service of the Department of Conservation. 

Division of Fisheries and Game: 
For personal services and expenses in the 
office of the director, including not more 
than twelve permanent positions . . $41,440 00 

This item included in item 3304-01. 
This item included in item 3304-01. 

Enforcement of laws : 

For personal services and expenses of con- 
servation officers, to be in addition to the 
amount appropriated in item 1004-1 1 . 75,305 00 

This item included in item 3304-11. 

Biological work: 
For personal services and expenses, includ- 
ing not more than three permanent posi- 
tions 15,990 00 



3304-01 



3304-02 
3304-03 



3304-11 



3304-12 



3304-21 



184 



Acts, 1948. — Chap. 198. 



Item 

3304-22 This item included in item 3304-21 . 



Propagation of game birds, etc. : 
3304-31 For personal services and expenses at game 
farms and fish hatcheries, including not 
more than twenty-five permanent positions 
3304-32 This item included in item 3304-31. 



$330,362 00 



Damages by wild deer and wild moose: 
3304-35 For the payment of damages caused by wild 
deer and wild moose, for the year nineteen 
hundred and forty-nine and for previous 
years, as provided by law 



12,000 00 



3304-41 
3304-42 



Supervision of public fishing and hunting 
grounds : 
For personal services and expenses 
This item included in item 3304-41. 



5,400 00 



Specials : 

3304-43 For the cost of certain work in connection 
with the improvement of streams and bird 
cover, including increasing the supply of 
feed for game birds ... 15,000 00 

3304-45 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 .... 10,000 00 

3304-46 For expenses of providing for the establish- 
ment of public shooting grounds; provided, 
that none of the money ajjpropriated in 
this item shall be used for the purchase of 
land 25,000 00 

3304-47 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 . . . 15,510 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 . . 25,000 00 



Division of Wild Life Research and Man- 
agement (it is hereby provided that fed- 
eral funds received as reimbursements 
imder the following items are to be cred- 
ited as income to the Inland Fisheries 
and Game Fimd) : 
3304-51 For personal services and expenses including 

not more than three permanent positions . 26,040 00 

3304-52 This item included in item 3304-51. 
3304-53 For expenses of establishing and conducting 
co-operative wildhfe 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 five permanent positions . . . 52,968 00 

Total $650,015 00 



Acts, 1948. — Chap. 198. 



185 



The Following Appropriations are payable from the Veterans' 

Services fund. 



Item 
3504-25 



3504-30 



3504-41 



3504-42 



3504-43 



3504-51 
3504-52 



3504-53 



3506-21 



3506-22 



Services of the Adjutant General. 

For expenses of the United Spanish War 
Veterans, as authorized by chapter three 
hundred and eleven of the acts of nineteen 
hundred and forty-six .... 

Service of the Soldiers^ Home in Massachusetts. 

For the maintenance of the Soldiers' Home 
in Massachusetts, with the approval of the 
trustees thereof, including not more than 
four hundred and forty-two permanent 
positions, to be in addition to the sum of 
$175,000, the estimated revenue for this 
purpo.se received from the United States 
Government, which additional .sum is 
hereby made available for expenditure 



$1,500 00 



$1,117,275 00 



Service of the Commissioner of Veterans' Services. 

For personal services of the commissioner and 
deputies, including not more than three 
permanent positions .... $15,260 00 

For personal services and expenses of the 
office of the commissioner, including not 
more than thirty-eight permanent posi- 
tions 190,300 00 

This item included in item 3504-42. 



Total 



$205,560 00 



For Expenses on Account of Wars. 

This item omitted. 

For reimbursing cities and towns for money 
paid for veterans' benefits as provided in 
section six of chapter one hundred and 
fifteen of the General Laws, as appearing 
in section one of chapter five hundred and 
eighty-four of the acts of nineteen hun- 
dred and forty-six ..... 

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 

Total 

Service of the Treasurer and Receiver General. 

For personal services and other expenses of 
the treasurer and receiver general in con- 
nection with the payment of the veterans' 
bonus, so called, as authorized by chapter 
seven hundred and thirty-one of the acts 
of nineteen hundred and forty-five, as 
amended ...... 

For making jjayinents to soldiers in recogni- 
tion of service during World War I and the 
Spanish War, as provided by law 



$1,957,-500 00 



33,000 00 
$1,990,500 00 



$46,128 00 



1,000 00 



186 



Acts, 1948. — Chap. 198. 



Item 
3506-31 



3506-41 



3506-42 



3508-01 



3513-01 



3513-07 
3513-08 
3513-09 
3513-11 
3513-12 
3513-13 
3513-14 



For personal services and expenses of the 
veterans' bonus appeal board, so called, as 
authorized by section five of chapter five 
hundred and eighty-one of the acts of nine- 
teen hundred and forty-six 

State Board of Retirement: 
To assist in meeting the liability of the com- 
monwealth to pay contributions to the 
state employees' retirement system on ac- 
count of members thereof in the miUtary 
or naval service, as authorised by chapter 
seven hundred and eight of the acts of 
nineteen hundred and forty-one, as 
amended, to be in addition to any amount 
heretofore appropriated for the purpose . 

Total 

Teachers' Retirement Board: 
For the payment of retirement assessments of 
teachers formerly in miUtary or naval serv- 
ice, as authorized by section nine of chap- 
ter seven hundred and eight of the acts 
of nineteen hundred and forty-one as 
amended . . . 

Department of the Attorney General. 

For the cost of providing certain legal assist- 
ance for the benefit of veterans, their wives 
and dependents ..... 

Department of Education. 

For assistance to children of certain war vet- 
erans, for the year nineteen hundred and 
forty-nine and for previous years, as au- 
thorized by section seven B of chapter 
sixty-nine of General Laws and correspond- 
ing provisions of earlier law 

For the maintenance of the following state 
teachers' colleges with the approval of 
the commissioner of education: 
State teachers' college at Bridgewater, to be 

in addition to the amount authorized for 

the purpose in item 1307-00 
State teachers' college at Fitchburg, to be in 

addition to the amount authorized for the 

purpose in item 1308-00 
State teachers' coljege at Framingham, to be 

in addition to the amount authorized for 

the purpose in item 1309-00 . 
State teachers' college at Lowell, to be in 

addition to the amount authorized for the 

purpose in item 1311-00 
State teachers' college at North Adam.-s, to 

be in addition to the amount authorized 

for the purpose in item 1312-00 
State teachers' college at Salem, to be in 

addition to the amount authorized for tlic 

]>urpose in item 1313-00 .... 
State teachers' college at Wi'stfield, to be in 

addition to the amount authorised for the 

purpose in item 1314-00 



$9,700 00 



100,000 00 
$156,828 00 



$5,000 00 



$20,000 00 



$26,000 00 






$42,452 00 i 

121,678 00 \ 

4,473 00 

6,720 00 

35,879 00 

27,463 00 

17.392 00 



Acts, 1948. — Chap. 198. 187 

Item 

3513-15 State teachers' college at Worcester, to be in 
addition to the amount authorized for the 
purpose in item 1315-00 . . $19,436 00 

3513-21 Massachusetts School of Art, to be in addi- 
tion to the amount authorized for the 
purpose in item 1321-00 . . 48,157 00 

3513-22 For personal services and other expenses 
required in connection with furnishing 
certain educational services to certain war 
veterans, including the establishment and 
operation of regional educational centers 
in the commonwealth, to be in addition to 
the sum of $217,650, the estimated revenue 
for this purpose received from the United 
States Government, which additional sum 
is hereby made available for expenditure . 182,350 00 

University of Massachusetts : 
3513-23 For maintenance including certain tuition 
payments to the town of Ayer, of the col- 
lege 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 ap- 
proval of the board of trustees referred to 
in said act, to be in addition to the sum of 
$425,000, the estimated revenue for this 
purpose received from the United States 
Government, which additional sum is 
hereby made available for expenditure . $1,075,000 00 

For the maintenance of the following tex- 
tile schools with the approval of the 
commissioner of education and the 
trustees : 
3513-31 Bradford Durfee technical institute of Fall 
River, to be in addition to any amount 
authorized for the purpose in item 1331-00 $82,077 00 
3513-32 Lowell textile institute, to be in addition to 
any amount authorized for the purpose in 

item 1332-00 290,830 00 

3513-33 New Bedford textile institute, to be in addi- 
tion to any amount authorised for the pur- 
pose in item 1333-00 . . . 82,653 00 

University of Massachusetts : 
3513-41 For the maintenance of the University of 
Massachusetts with the approval of the 
trustees to be in addition to the amount 
authorized for this purpose in item 1341- 
00, to be in addition to the sum of $900,000, 
the estimated revenue for this purpose re- 
ceived from the United States Govern- 
ment, which additional sum is hereby made 
available for expenditure . . . $328,000 00 

Division of University Extension: 
3513-61 For personal services and expenses to be in -- - 

addition to the amount appropriated for 
this purpose in item 1301-61 . . . $112,00000 

Deparlmenl of Labor and Industries. 
Division of Apprentice Training: 
3516-01 For personal services and expenses of the Di- 
vision of Ajjprentice Training in connection 
with the carrying out of a certain program 



188 



Acts, 1948. —Chap. 198. 



Item 

in co-operation with the federal govern- 
ment, to be in addition to the sum of 
$84,000, the estimated revenue for this 
purpose received from the United States 
Government, which additional sum is 
hereby made available for expenditure . $1,050 00 , 

3516-02 This item included in item 3516-01. 

Interest on the Public Debt. 

3590-02 For the payment of interest on the direct 
debt of the commonwealth, to be in addi- 
tion to the amounts appropriated in items 
2410-00, 2951-00 and 3180-02 . . $937,500 00 

The Following Appropriations are payable prom Revenue 

CREDITED TO THE OlD AgE ASSISTANCE FuND: 

Service of the Alcoholic Beverages Control Commission. 

3604-01 For personal services and expenses, including 
not more than forty-five permanent po- 
sitions $176,380 00 

3604-02 This item included in item 3G04-01. 



Service of the State Racing Commission. 

3604-11 For personal services and expenses, includ- 
ing not more than nine permanent po- 
sitions ....... 

3604-12 This item included in item 3604-11. 



$166,515 00 



Service of the Department nf Public Safety. 

Division of State Police: 

3604-21 For salaries of officers and detective inspec- 
tors, to be in addition to the amounts ap- 
propriated for the purpose in items 2102-01 
and 2970-04 

3604-22 For expenses of the division, to be in addition 
to the amounts appropriated for the pur- 
pose in items 2102-03 and 2970-05 . 

Service of the Department of Public Welfare. 

3619-01 For personal services and expenses, required 
for the administration of old age assistance 
provided by chapter one hundred and 
eighteen A of the General Laws, including 
not more than one hundred and eighty per- 
manent positions; provided, that any reve- 
nue resulting from the activities herein 
authorized shall be credited to the Old Age 
Assist fin OP r iiiifl 

3619-02 This item included in item 3619-01. 



Reimbursement : 

3625 For reimbursement to cities and towns for 

old age assistance for the year nineteen 
hundred and forty-nine and for previous 
years ....... 

3626 Notwithstanding the ijrovisions of section 

ten of chapter sixty-four B of the General 
Laws regulating payments from receipts 
under said chapter to cities and towns, 
heretofore made without appropriation, a 



$16,000 00 



8,000 00 



$467,990 00 



$20,990,000 00 



Acts, 1948. — Chap. 198. 189 

Item 

sum not exceeding one million, five hun- 
dred thousand dollars is hereby appro- 
priated from the old age assistance fund 
for such payments, and the total amounts 
to be paid by the state treasurer, on or 
before November twentieth, nineteen hun- 
dred and forty-eight, from the sum herein 
appropriated, shall be not less than eight 
hundred thousand dollars . $1,500,000 00 

Total $23,324,885 00 

The Following Appropriation is payable from the Agricultdral 

Purposes Fund: 

Department of Agriculture — Division of Plant Pest Control and Fairs. 

3809-21 For state prizes and agricultural exhibits, in- 
cluding allotment of funds for the 4-H club 
activities . ' $60,000 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 

fiifty of the acts of nineteen hundred and 

thirty-five, to be assessed in the calendar 

year nineteen hundred and forty-eight . $42,367 00 

3915 For the maintenance and construction of 

drainage ditche??, as authorized by chapter 

four hundred and fifty-six of the acts of 

nineteen hundred and forty-five, to be 

assessed in the calendar year nineteen 

hundred and forty-eight . . 52,314 00 

Total $94,681 00 

The Following Appropriations are payable from the Parks and 
Salisbury Beach Reservation Fund: 

Division of Parks and Recreation. 

4011 For personal services and expenses, including 

not more than seven permanent positions $87,300 00 

4012 This item included in item 4011. 

4013 For personal services and expenses of recrea- 

tional opportunities in state forests . . 72,290 00 

4021 For the maintenance of Standish monument 

reservation ...... 2,750 00 

Salisbury Beach Reservation: 
4031 For the maintenance of Salisbury beach reser- 

vation, including not more than one perma- 
nent position . . 45,190 00 

Total $207,530 00 

The Following Appropriations are payable from the Smoke 

Inspection Fund: 

Division of Smoke Inspection. 

4311 For personal services and expenses, including 

not more than twelve permanent positions $41,035 00 

4312 This item included in item 4311. 



190 Acts, 1948. — Chap. 198. 



The FoLT.nwiN'n Appkopkiations are payable kbom the Prison 

Industries Fund: 

Item 

4401 For salaries of persons employed in the de- 

partment of correction in certain supervi- 
sory and administrative work in prison in- i 
dustries, including not more than seven j 
permanent positions ; provided, that of the I 
amount herein appropriated the propor- 
tions properly chargeable to the prison in- 
dustries fund at the Massachusetts re- ■ 
formatory, the reformatory for women, the ■■ 
state prison, and the state prison colony '. 
shall be determined by the comptroller . $27,120 00 

4411 For salaries of persons employed in industries 

at the Massachusetts reformatory, includ- 
ing not more than twenty-fiye permanent 
positions . . . . 68,045 00 

4511 For salaries of persons employed in indus- 

tries at the reformatory for women, in- 
cluding not more than thirteen permanent 
positions ...... 32,635 00 

461 1 For salaries of persons employed in industries 

at the state prison, including not more 
than twenty-eight permanent positions . 76,080 00 

4711 For salaries of persons employed in indus- 

tries at the state prison colony, including 
not more than twenty-eight permanent 
positions ...... 86,395 00 



Total $290,275 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 metropoUtan 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 $132,870 00 

8602-00 For maintenance of paries reservations, in- 
cluding the retirement of veterans under 
the provisions of the General Laws . . 950,000 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 
■8602-64 For expenses of the national convention of 
parks executives to be held in Boston in 
the year nineteen hundred and forty-nine, 
to be expended with the aj^proval and 
under the direction of the governor and 

council 3,000 00 

8607-00 For maintenance of the Charles River basin, 
■■■■'. including retirement of veterans \mder the 

provisions of the General IjRws . . 280,000 00 



Acts, 1948. — Chap. 198. 



191 



Item 
8607-27 
8611-00 
8802-00 

8807-00 

8902-00 



8902-22 
8902-24 



8902-25 
8902-34 



8902-35 



8902-36 



8902-53 



Special : 

For repairs to the Hatch Memorial Shell, so 

called $6,000 00 

For maintenance of the Nantaskot Beach 

reservation 85,000 00 

For the maintenance and operation of a sys- 
tem of sewage disposal for the north metro- 
politan sewerage district, including retire- 
ment of veterans under the provisions of 
the General Laws 741,110 00 

For the maintenance and operation of a sys- 
tem of sewage disposal for the south metro- 
politan sewerage district, including retire- 
ment of veterans under the provisions of 
the General Laws 471,020 00 

For the maintenance and operation of the 
metropolitan water system, including re- 
tirement of veterans under the provisions 
of the General Laws .... 1,627,910 00 

Specials : 

For emergency repairs to water mains to be 
included as a part of the cost of mainte- 
nance of the metropolitan water system . $10,000 00 

For payment to the county commissioners of 
Worcester coimty of certain assessments 
upon the former town of Dana, to be in- 
cluded as a part of the cost of maintenance 
of the metropolitan water system . . 400 00 

This item included in item 8902-00. 

For the construction of additions and im- 
provements to certain supply and distribu- 
tion mains, as a part of the cost of mainte- 
nance of the metropolitan water system, 
to be in addition to any amount heretofore 
appropriated for the purpose . . . 350,000 00 

For maintenance expenses, including personal 
services, of property held and operated by 
the metropolitan water supply commission, 
to be included as a part of the cost of main- 
tenance of the metropolitan water system 250,000 00 

For the purchase of certain pipe and valve 
stock, for the year nineteen hundred and 
forty-nine and for previous years, to be in- 
cluded as a part of the cost of maintenance 
of the metropolitan water system . . 50,000 00 

For the cost of certain painting of steel stand- 
pipes at Forbes Hill, Belle vue and Arling- 
ton 6,000 00 



Section 3. No payment shall be made or obligation 
incurred under authority of any special appropriation made 
by this act for construction of public buildings or other 
improvements at state institutions until plans and specifica- 
tions have been approved by the governor, unless otherwise 
provided by such rules and regulations as the governor may 
make. 

Section 4. No moneys appropriated under this act 
shall be expended for reimbursement for the expenses of 
meals for persons while traveling within the commonwealth 
at the expense thereof, unless such reimbursement is in 



192 Acts, 1948. — Chap. 198. 

accordance with rules and rates which are hereby authorized 
to be estabhshed from time to time by the commission on 
administration and finance. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed five and one half cents a mile. 

Section 6. Amounts included for permanent positions 
in sums appropriated in section two for personal services 
are based upon schedules of permanent positions and salary 
rates as approved by the joint committee on ways and 
means, and, except as otherwise shown by the files of said 
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 
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, notwithstand- 
ing any special or general act to the contrary. 

Section 7. In addition to the payment of regular sala- 
ries, sums appropriated for personal services in the fiscal 
year nineteen hundred and forty-nine 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 
commonwealth 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 trans- 
fers within said subventions and grants, shall be subject to 
the approval of the commission on administration and 
finance. 

Section 9. 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 during the fiscal year nineteen hundred and 
forty-nine to incur liabilities and incidental expenses for 
the purchase of supplies, as provided by said section fifty- 
one, including material to be disposed of as surplus, soj 
called, by the federal government through agencies of the 
federal government, in an amount not exceeding three! 
hundred and fifty thousand dollars, in addition to any J 
amount heretofore provided for the purpose, and the comp- 
troller may certify for payment such incidental expenses! 
and 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 10. There is hereby authorized to be trans- 
ferred by the state comptroller, immediately upon the] 
passage of this act, the sum of two million one hundred and 
twenty-five thousand, seven hundred and seventy-three 



Acts, 1948. — Chap. 198. 



193 



dollars and ninety-five cents from the veterans' services 
fund to the General Fund in order to reimburse the General 
Fund for the fiscal year nineteen hundred and forty-seven 
in the amounts as set forth in schedule A below: 



Schedule A. 



0402-25 
0430-00 
0440-01 
0440-02 
0440-03 
0440-04 
0440-21 
0441-01 
0441-02 
0441-03 
0441-13 
0603-01 
0604-05 
0803-06 
1301-09 
1301-61 
1301-62 
1305-06 
1341-00 



The comptroller is hereby further authorized to transfer, 
immediately upon the passage of this act, the sum of one 
million one hundred and twelve thousand, fifty-eight dollars 
and ninety-five cents from the veterans' services fund to 
the General Fund to reimburse the General Fund for the 
fiscal year nineteen hundred and forty-eight in the amounts 
set forth in schedule B below: 



$1,483 26 


607,237 


16 


15,260 


00 


68,259 


85 


9,887 


23 


27,017 


03 


49,916 


87 


272,629 


09 


9,029 


19 


1,495 


00 


49,947 


08 


618 


20 


150,000 


00 


19,962 


10 


11,464 


36 


92,304 


82 


13,080 


73 


3,697 


54 


722,484 44 


$2,125,773 


95 





Schedule B. 




0402-25 . 




$1,500 00 


0603-01 




1,000 00 


0604-05 . 




150,000 00 


0803-06 . 




20,000 on 


1301-61 . 




112.217 20 


1341-00 . 


• 


827,341 75 




$1,112,058 95 



Section 11. The effective date of the appropriation 
accounts, subsidiary accounts and authorizations in this 
act shall be July first, nineteen hundred and forty-eight. 
However, beginning June first, nineteen hundred and forty- 
eight, obligations may be incurred against these appropria- 
tion accounts or subsidiary accounts, if any, thereunder, 
for items to be delivered or for services to be rendered on 
and after July first, nineteen hundred and forty-eight; 
provided, they are in accordance with law and the amounts 
thereof do not exceed the amount of the appropriation 
account or subsidiary account. Where the allotment of 
an appropriation account or subsidiary account is a condi- 
tion precedent to expenditure, the obligations shall not 



194 



Acts, 1948. — Chap. 199. 



exceed the amount allotted for said appropriation account 
or subsidiary account. The certified copies of the schedules 
as provided for in General Laws, chapter twenty-nine, 
section twenty-seven, as amended by chapter six hundred 
and thirty-six of the acts of nineteen hundred and forty- 
seven, shall be filed with the comptroller and the budget 
commissioner to permit the effective operation of this 
section on June first, nineteen hundred and forty-eight. 
Where the allotment of an appropriation account or subsid- 
iary account is required by law, allotments shall be made 
to permit the effective operation of this section on June 
first, nineteen hundred and forty-eight. 

Section 12. The budget commissioner is hereby directed 
to send a copy of sections three to eleven, inclusive, of this 
act to each departmental, divisional and institutional head 
immediately following the passage of this act. 

Section 13. Sections one to nine, inclusive, of this act 
shall take effect on July first, nineteen hundred and forty- 
eight, and section eleven thereof shall take effect on June 
first, nineteen hundred and forty-eight. 

Approved April 5, 1948. 



Chap. 1^9 An Act providing for the licensing of matchmakers 

FOR boxing, and ESTABLISHING A MINIMUM AGE LIMIT 
FOR CERTAIN LICENSED BOXING OFFICIALS. 



Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 147. § 33, 
etc., amended. 



Licenses for 
managers of 
boxers. 



Chapter 147 of the General Laws is hereby amended by 
striking out section 35, as amended by chapter 69 of the 
acts of 1934, and inserting in place thereof the following 
section : — Section 35. No person shall act, except in the 
case of a purely amateur match or exhibition, directly or in- 
directly, as physician, referee, judge, timekeeper, professional 
boxer or as manager, trainer or second of such a boxer, at a 
boxing or sparring match or exhibition, or as a matchmaker 
therefor, unless licensed by the commission upon receipt of 
such classified fee, not exceeding twenty-five dollars, as the 
commission may fix. Whoever, without being so licensed, 
acts as such manager or engages in the business commonly 
transacted by managers of boxers shall be punished by a 
fine of not more than two hundred dollars. For the purposes 
of sections thirty-two to forty-seven, inclusive, a professional 
boxer is one who competes for a money prize or teaches or 
pursues or assists in the practice of boxing as a means of 
obtaining a livelihood or pecuniary gain. Physicians who 
desire to officiate without charge at amateur boxing or spar- 
ring matches or exhibitions shall be licensed without charge. 
Minimum age No pcrson shall bc licensed under this section who is under 
eighteen years of age. Approved April 6, 19J,8. 



of licensee. 



Acts, 1948. — Chap. 200. 195 

An Act to provide financial assistance by the common- Chap.20() 

WEALTH TO HOUSING AUTHORITIES IN ORDER TO ALLEVIATE 
THE HOUSING SHORTAGE FOR VETERANS. 

Whereas, An acute shortage of housing exists in many of p^ambiT^ 
the cities and towns of the commonwealth, and on account 
of such shortage many veterans are unable to obtain shelter 
for themselves and their families, and this shortage is likely 
to continue for a substantial period of time; and inabilit}' 
to obtain adequate shelter will cause suffering and disease 
among such veterans unless such shortage is relieved, and 
this condition has created a public exigenc}^ making the 
provision, as provided by this act, of financial assistance by 
the commonwealth to housing authorities, in order to alle- 
viate such shortage an immediate public necessity; there- 
fore this act is declared to be an emergency law, necessary 
for the immediate preservation of the public health and 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 261 of chapter 121 of the General EdM^2i"^' 
Laws, inserted by section 1 of chapter 574 of the acts of § 261, etc., 
1946, is hereby amended by striking out, in line 2, the word ^™"'*''^ 
"thirty-one" and inserting in place thereof the word: — 
thirty-four, — so as to read as follows : — Section 261. ^""^^rfty 
Designation as Housing Auihoritij Law. — This section and Law. 
the thirty-four following sections shall be known and may be 
cited as the Housing Authority Law. 

Section 2. Section 26J of said chapter 121, as so inserted, gj^^'- '^^^■ 
is hereby amended by striking out the paragraph defining § 26.i, etc'.. 
"Veterans" and inserting in place thereof the following '*'"®"^^'^- 
paragraph : — 

"Veteran ", a man or woman who served for at least ninety "Veteran" 
consecutive days during time of war or insurrection in the '^^"^ ' 
armed forces of the United States of America and has been 
separated therefrom under conditions other than dis- 
honorable. The term shall also include the widow, mother 
or other dependent of a person who so served and who died 
while in such service and the wife, mother or other dependent 
of a person who is so serving. 

Section 3. Said chapter 121 is hereby further amended ^jV'lJf' 
by striking out section 26NN, and its caption "PART V. §'26NNand 
EFFECT OF PARTIAL INVALIDITY", as so inserted, ^nS'd"'' ' 
and inserting in place thereof the following four sections 
under the caption "PART V. STATE-AIDED PROJ- 
ECTS.":— 

Section 26NN . Contracts fo7- State fnnancial Assistance. — Contracts 
The commonwealth, acting by and through the board, may ffnandal 
enter into a contract or contracts with a housing authority assistance, 
for state financial assistance in the form of a guarantee by 
the commonwealth of notes and/or bonds of the housing au- 
thority issued to finance the cost of a housing project or 
projects, and annual contributions by the commonwealth. 
Each such contract shall contain such limitations as to the 



196 Acts, 1948. — Chap. 200. 

development cost of the project and administrative and 
maintenance costs, and such other provisions, as the board 
may require. Each project shall be based upon a separate 
application made to the board and shall be planned to con- 
form, as nearly as possible, to the existing published re- 
quirements of the federal government for low-rent or other 
housing projects, except such requirements as are based 
upon the cost limitations set forth in federal legislation. 
A project so planned shall be deemed to provide adequate 
performance as set forth in section three J of chapter one 
hundred and forty-three. A housing authority may, with 
the approval of the board, acquire under the provisions of 
section twenty-six P for the purposes of a project under this 
section or section twenty-six 00, any land acquired by a 
city or town under the provisions of chapter three hun- 
dred and seventy-two of the acts of nineteen hundred and 
forty-six, as amended; provided, that such city or town 
has not completed construction of a housing project 
on such land. Each project developed under this section 
and section twenty-six 00 shall be administered for occu- 
pancy in accordance with section twenty-six FF, except 
clause (c), and except that each such project shall be occupied 
exclusively by veterans and their families and priority shall 
be given first to veterans of World War II of low income, 
then to veterans of low income, such low income to be deter- 
mined from time to time by the board. 

If federal assistance for low-rent housing becomes avail- 
able in any form not appHcable to projects under this chapter, 
the board shall immediately report the circumstances to the 
general court together with such recommendations for legis- 
lation as may be necessary to enable such projects to qualify 
for such assistance. Upon the availability of federal financial 
assistance for low-rent housing projects under this section, 
each housing authority having a contract for state financial 
assistance shall, upon receipt of written notice from the 
board, immediately enter into negotiations with the federal 
government to arrange for federal financial assistance with 
respect to any project developed hereunder and for the 
termination, in whole or in part, of state financial assistance. 
For any such project the board may order any housing au- 
thority (1) to apply for federal financial assistance, and (2) 
upon obtaining the approval of the federal government, to 
enter into a contract or contracts for federal financial assist- 
ance, and to make such arrangements as are possible to termi- 
nate, reduce or subordinate the obligation of the common- 
wealth to render financial assistance in such amount as is 
provided by federal financial assistance. No order of the 
board shall in any way affect any outstanding obligations of 
a housing authority or the rights of any holders of notes or 
bonds. The amount of federal payments shall be used to 
the fullest allowable extent to meet the payment of principal 
and interest on all notes or bonds guaranteed by the com- 
monwealth. 



Acts, 1948. —Chap. 200. 197 

After March thirty-first, nineteen hundred and fifty-three, 
or such later date as the board shall determine that an acute 
shortage of housing for veterans constituting a public exi- 
gency, emergency or distress no longer exists, any project 
constructed under this section and receiving state financial 
assistance may, with the approval of the board, be sold for 
the amount of the fair market value thereof as determined 
by the board, but not less than the total of the outstanding 
obligations of the housing authority with respect to such 
project. Upon the expiration of the period for which the 
commonwealth is obligated to furnish state financial assist- 
ance, and provided the federal government has not become 
obligated to furnish federal financial assistance, any such 
project shall be offered for sale and disposed of as soon as is 
consistent with sound business judgment; provided, that 
any such sale shall be approved by the board. The Housing 
Authority Bonds Sinking Fund is hereby established and the 
state treasurer is hereby designated custodian thereof and he 
shall administer such fund in accordance with the provisions 
of chapter twenty-nine. So long as any notes and/or bonds 
issued by a housing authority to finance the cost of a project 
under this section or section twenty-six 00 and guaranteed 
by the commonwealth are outstanding, the proceeds of any 
sale of such project shall be paid by the housing authority 
into such fund and shall be expended from time to time by 
the state treasurer to pay interest and principal of any notes 
and/or bonds issued by such housing authority to finance 
such project. 

The proceeds of apy sale of such project in excess of the 
total of all obligations of the housing authority with respect 
to such project shall, after the payment of all notes and/or 
bonds issued by the housing authority to finance the cost of 
such project, be paid to the city or town in which such project 
is located and to the commonwealth. The respective pay- 
ments to such city or town and the commonwealth shall be 
proportional to the contributions theretofore made by such 
city or town and the commonwealth toward the development 
and maintenance of such project, as determined by the board. 
In determining the contributions of a city or town, the board 
shall include the amounts which the city or town would have 
received if such project had not been exempt from taxes, 
betterments and special assessments, less any amounts paid 
by the housing authority to the city or town in lieu of such 
taxes, betterments and special assessments. Payment to the 
commonwealth hereunder shall be added to the Veterans' 
Services Fund, established by chapter six hundred and eight 
of the acts of nineteen hundred and forty-six. 

The provisions of sections twenty-six I to twenty-six II, 
except section twenty-six GG, shall, as far as apt, be appli- 
cable to projects developed under this section and under 
section twenty-six 00 and to housing authorities while en- 
gaged in developing and administering such projects; pro- 
vided, that whenever the phrases "federal government" or 



198 Acts, 1948. — Chap. 200. 

"federal legislation" are used in said sections twenty-six I 
to twenty-six II, they shall also mean the commonwealth or 
the laws of the commonwealth, as the case may be; and that 
whenever the words "low-rent housing project" or "project" 
are used in said sections twenty-six I to twenty-six II, they 
shall also mean a state-aided project under this section and 
section twenty-six 00. Within the period of ninety days 
from the effective date of this section, no housing authority 
of a city or town shall be entitled to financial assistance in an 
amount which is greater than an amount which bears the 
same ratio to the total state financial assistance hereby au- 
thorized as the total assessed valuation of such city or town 
bears to the total assessed valuation of all the cities and towns 
of the commonwealth. The board shall accept no application 
for state financial assistance under this section or section 
twenty-six 00 after two years following the effective date of 
this section. 

The following provisions shall be applicable to each con- 
tract for state financial assistance under this section and 
section twenty-six 00: — 

(a) A housing authority may sell temporary notes and/or 
bonds to finance a project; provided, that the total 
amount outstanding at any one time shall not be in excess 
of the cost of the project as approved by the board. Any 
such notes or bonds may be refunded through the sale of 
similar notes or bonds, but in no event for a term more than 
twenty-five years after completion of the project, as deter- 
mined by the board. 

Notwithstanding the provisions of section twenty-six W, 
the payment of the principal of, and interest on, all such 
notes and/or bonds shall be guaranteed by the common- 
wealth, and the full faith and credit of the commonwealth is 
hereby pledged for any such guarantee; provided, that the 
total amount of notes and/or bonds so guaranteed shall not 
exceed two hundred million dollars in the aggregate for all 
projects constructed under this section and section twenty- 
six 00, exclusive of any such notes and/or bonds which may^ 
be issued for refunding purposes. 

No housing authority shall sell or offer for sale any such' 
notes or bonds without receiving from the board approval of 
the amount, the term, the time of sale, the amortization: 
schedule, and any other conditions of sale which the board! 
may deem relevant in connection with the sale of such notes 
or bonds. The average annual rate of the amortization of 
bonds issued to finance a project shall be not less than three 
per cent of the principal amount of such bonds. 

(b) Each contract for state financial assistance or supple- 
mentary state financial assistance shall provide that the 
commonwealth will pay to the housing authority annual 
contributions; provided, however, that the total amount of 
annual contributions contracted for by the commonwealth 
for any one year shall not exceed five million dollars. 

Each such contract shall contain a provision that the 



Acts, 1948. — Chap. 200. 199 

annual contributions shall be used for the payment of interest 
on, and principal of, notes and/or bonds of the housing au- 
thority. The annual contributions for any one project 
shall be payable in an amount not exceeding two and one 
half per cent of the cost of the project, as determined by the 
board, and for the fixed period during which the bonds issued 
to finance the cost of the project or any refunding bonds 
remain outstanding, but in no event for more than twenty- 
five years after the completion of the project, as determined 
by the board. Each such contract shall provide that when- 
ever in any year the receipts of a housing authority in con- 
nection with a project exceed its expenditures for that 
project, including debt service, payments in lieu of taxes, 
administration, establishment of reserves, and other costs, 
as determined by the board, an amount equal to such excess, 
or, in the case of projects under section twenty-six 00, an 
amount equal to such portion of the excess as the board 
shall prescribe, shall be applied, or set aside for application, 
to purposes which shall effect a reduction in the amount of 
subsequent annual contributions. The full faith and credit 
of the commonwealth is hereby pledged to the payment of 
all annual contributions contracted for by the common- 
wealth. The Veterans' Services Fund, established by chap- 
ter six hundred and eight of the acts of nineteen hundred 
and forty-six, shall be used in the first instance, subject to 
appropriation, to meet the payments of the annual contribu- 
tions by the commonwealth to housing authorities pursuant 
to contracts for state financial assistance under this section 
and section twenty-six 00 for such period or periods. 

(c) The board may enforce any of its orders, rules or regu- 
lations or the provisions of any contract between the com- 
monwealth and a housing authority by a bill in equity filed 
in the superior court or by a petition for a writ of mandamus 
filed under the provisions of section five of chapter two hun- 
dred and forty-nine. In the event of a breach by a housing 
authority of any provisions of a contract between it and the 
commonwealth relating to a project, the commonwealth, act- 
ing by the board, may take immediate possession of the proj- 
ect, and retain possession and operate the project in the 
place and stead of the housing authority, with all the rights 
and powers of the housing authority, and subject to all of its 
obligations respecting the possession and operation of the 
project and the revenues therefrom, until such time as such 
breach shall have been corrected to the satisfaction of the 
board. 

Section 2600. Contracts for Supplementary State Financial Contracts for 
Assistance. — The commonwealth, acting by and through sutefinanctaf 
the board, may enter into a contract or contracts with a '^^^'st*"''". 
housing authority for supplementary state financial assist- 
ance in the form of a guarantee by the commonwealth of 
any loan made by the housing authority to finance that por- 
tion of the cost of a housing project or projects not financed 
with federal assistance, and annual contributions by the 



200 



Acts, 1948. — Chap. 201. 



Relationship 
with federal 
and other 
agencies. 



commonwealth on that portion of the cost of such project or 
projects for which no federal contributions are available. 

Section 26PP. Relationship with Federal Government and 
Others. — The commonwealth shall have power to receive 
loans and grants from the federal government or any agency 
or instrumentality thereof, or from any other source, public 
or private, and to use any such loan or grant or part thereof 
for any purpose of sections twenty-six I to twenty-six Q(J, 
or to act as agent of, or to co-operate in any way with, the 
federal government or any agency or instrumentality thereof 
on any project authorized by said sections. 



Separability of 
provisions. 



PART VI. EFFECT OF PARTIAL INVALIDITY. 

Section 26QQ. Separability of Provisions. — The provi- 
sions of sections twenty-six I to twenty-six PP, inclusive, are 
hereby declared to be severable and if any such provision, 
or the application of such provision to any person or circum- 
stances, shall be held to be invalid or unconstitutional, such 
invalidity or unconstitutionality shall not be construed to 
affect the validity or constitutionality of any of the remain- 
ing provisions of said sections or the application of such pro- 
visions to persons or circumstances other than those as to 
which it is held invalid. It is hereby declared to be the 
legislative intent that said sections would have been adopted 
had such invalid or unconstitutional provision not been 
included therein. Approved April 6, 1948. 



Emergency 
preamble. 



C hap. 20\ An Act relative to rules and regulations made by 

THE REGISTRAR OF MOTOR VEHICLES. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is in part to make immediately 
operative certain amendments to the law relative to the 
authority of the registrar of motor vehicles to make rules 
and regulations for the division of motor vehicles, 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 16 of the General Laws is hereby 
amended by striking out section 6, as most recently amended 
by section 2 of chapter 241 of the acts of 1945, and inserting 
in place thereof the following: — Section 6. All rules and 
regulations within the jurisdiction of the department, in- 
cluding those for carrying out the provisions of law relating 
to the department, other than the division of motor vehicles, 
shall be drafted by the commissioner and associate commis- 
sioners and shall take effect when approved by them, and 
at such time as they shall designate. The registrar shall, 
in addition to the authority conferred upon him by any 
other provisions of law have the power to make rules and 
regulations for the division of motor vehicles. 



G. L. (Ter. 
Ed.), 16, § 6, 
etc., amended. 



Rules and 
regulations 



Acts, 1948. — Chaps. 202, 203. 201 

Section 2. Chapter 90 of the General Laws is hereby g. l. (Xer. 
amended by striking out section 31, as appearing in the Ter- f^enlfd ^ ^^' 
centenary Edition, and inserting in place thereof the follow- 
ing: — Section 31. The registrar may make rules and regu- Rules and 
lations governing the use and operation of motor vehicles '"''s^'ations. 
and the conduct of operators and chauffeurs, and may alter, 
rescind or add to any rules and regulations previously made 
by him. A copy of such rules and regulations attested by 
the registrar shall be prima facie evidence that they have 
been made as provided by law. This section shall not be 
construed as giving the registrar power to regulate the speed 
at which motor vehicles may be operated on the public ways. 

Section 3. Chapter 140 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 60, as so appearing, and ^^diled ^ ^^' 
inserting in place thereof the following: — Section 60. The Rules and 
registrar may from time to time make rules and regulations ■'eguianons. 
consistent with sections fifty-seven to sixty-nine, inclusive, 
relative to the purchase, sale or exchange of second hand 
motor vehicles or parts thereof. 

Section 4. Rules, regulations and orders of the depart- 
ment of public works made under any provision of law and 
applicable to the division of motor vehicles, and in effect 
upon the effective date of this act, shall continue in full force 
and effect until altered, amended or repealed by the registrar. 

Approved April 6, 1948. 

An Act further regulating the disclosure of informa- PhQ^^ 902 

TION PERTAINING TO THE RECORDS OF APPLICANTS FOR AND ^' 

recipients of PUBLIC ASSISTANCE. 

Be it enacted, etc., as follows: 

Section 17A of chapter 66 of the General Laws, as most g l. (Ter. 
recently amended by chapter 67 of the acts of 1946, is hereby etci.amended 
further amended by adding at the end thereof the follow- 
ing: — ; and provided, further, that nothing in this section Records of 
shall prohibit the introduction in evidence, at the hearing fllSssibi^is 
on a libel for divorce or for nullity of marriage or for separate evidence. 
support or maintenance, or in any other proceeding in which 
the care and custody of any child is drawn in question of 
any such record if pertinent to the matter there in issue, 
nor prohibit testimony by an officer or employee of any such 
department or board relative to such records, if pertinent 
to such hearing or proceeding and not otherwise inadmissible. 

Approved April 6, 1948. 



An Act amending the "zoning law", so-called, of the 

CITY of boston. 

Be it enacted, etc., as follows: 

Section 6 of chapter 488 of the acts of 1924 is hereby 
amended by striking out paragraph (22), as amended by 
section 5 of chapter 219 of the acts of 1925, and inserting in 
place thereof the following : — 



Chap.203 



202 Acts, 1948. — Chaps. 204, 205, 206. 

(22) Petroleum or other inflammable liquids: storage in 
excess of twelve thousand gallons or manufacture of any of 
its by-products; Approved April 6, 1948. 

Chav.204: An Act repealing the law providing for the election 
OF FISH wardens in the town of edgartown. 

Be it enacted, etc., as follows: 

Section 1. Chapter 319 of the acts of 1904 is hereby 
repealed. 

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

Approved April 6, 1948. 



Chap. 205 An Act providing for motor vehicle driving education 

AS A PHASE OF THE SAFETY EDUCATION PROGRAM IN HIGH 
SCHOOLS. 

Be it enacted, etc., as follows: 

EdVyT'^new Chapter 71 of the General Laws is hereby amended by 
§ isb. added, inserting after section L3C, inserted by chapter 402 of the 
Motor vehicle acts of 1945, the followiug section: — Section 13D. Motor 
cation^in high Vehicle driving education may be incorporated as a phase of 
schools. ^^Q safety education program ip high schools of the com- 

monwealth. Approved April 6, 1948. 

Chav.20Q An Act relative to the grading, construction, recon- 
struction OR REPAIR OF CERTAIN PRIVATE WAYS OPEN TO 
THE PUBLIC USE IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Whenever the whole or any part of a way 
open to the public use which now exists, or hereafter shall 
exist, in the city of Boston over any private land before such 
way shall have been laid out according to law, shall be in 
need of grading, construction, reconstruction or repair, and 
the owners of the private land over which such way or part 
thereof passes shall in writing petition the board of street 
commissioners of said city requesting that said city put such 
way or part thereof in passable condition, said board, if such 
way connects with a public way in said city, may, by vote 
approved by the mayor, determine what work is necessary, 
estimate the cost thereof, and justly apportion suc'i esti- 
mated cost among such of the owners of land abutting on 
such way as said board adjudges will receive special benefit. 
If the full amount of such estimated cost is deposited with 
said city within two months after the approval of said vote 
by the mayor, it shall be lawful for said city to do, or cause 
to be done, the work determined to be necessary; but said 
city shall not expend therefor more than the amount de- 
posited, which shall be available without appropriation; and 
any unexpended balance shall, forthwith upon the comple- 
tion of the work, be refunded +o those making deposits in 



Acts, 1948. — Chap. 207. 203 

proportion to the amount of their respective deposits. If 
the full amount of the estimated cost is not so deposited, the 
cit}^ shall, forthwith upon the expiration of said two months, 
refund to any person making a deposit the amount of his 
deposit. 

Any action taken or purportedly taken, or any work done 
or purportedly done, under this act shall not be construed to 
be an acceptance by the city of Boston of such way or any 
part thereof; and said city shall not be required to keep the 
same free from snow and ice; nor shall said city directly or 
indirectly be liable (a) for any defect or want of repair in any 
such way or any part thereof, or (b) for any injury, loss or 
damage suffered by any person or property on or about any 
such way or any part thereof, or (c) for any injury, loss or 
damage suffered by any person or property as a result of, or 
in connection with, any action taken or purportedly taken, 
or any work done or purportedly done, under this act. 

Section 2. Chapter two hundred and thirty-six of the 
acts of eighteen hundred and forty-five and chapter one 
hundred and thirty-three of the acts of eighteen hundred and 
forty-nine are hereby repealed. 

Section 3. 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 April 6, 1948. 



An Act relative to the membership of private retire- phr,Y) 207 

MENT associations FORMED BY EMPLOYERS AND EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 39 of chapter 32 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by amended.^ ^^' 
adding at the end the following sentence : — Such an asso- 
ciation may include employees, officers and agents of a group 
of two or more corporations engaged in the same or directly 
related fields of enterprise and under the same or substantially 
the same management., — so as to read as follows: — Sec- Association for 
tion 39. Employees, officers and agents of any person and pensions^ 
the person by whom they are employed may form an associa- 
tion for the purpose of providing annuities, pensions or en- 
dowments for employees retiring from their employment on 
account of age, under a system by which the participating 
employees contribute to the funds of the association a per- 
centage or portion of their salaries or wages as fixed by the 
by-laws of the association, to be deducted by the employer 
and paid to the association, and the employer contributes 
to the funds of the association in the manner and to the 
extent fixed in said by-laws. The funds so provided shall 
be held by trustees independently of other funds of the em- 
ployer, for the purchase or payment of annuities, pensions or 
endowments to participating employees upon their retire- 
ment from service on account of age, for the payments to 



204 Acts, 1948. — Chaps. 208, 209, 210. 

the representatives or appointees of any participator dying 
before reaching the age of retirement, for the payment to 
any participator retiring from service before becoming en- 
titled to a pension or annuity and for the payment of the 
expenses of the administration. An association formed 
under the authority of this section shall not be subject to 
chapter one hundred and seventy-five or to such other pro- 
visions of law as relate to insurance companies or associations, 
except as provided by this and the following section. Such 
an association may include employees, officers and agents 
of a group of two or more corporations engaged in the same 
or directly related fields of enterprise and under the same or 
substantially the same management. 

Approved April 8, 1948. 



Chap.20S An Act to authorize the town of Lincoln 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 new school building in the town 
of Lincoln, said town may borrow, from time to time within 
a period of five years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, two 
hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Lincoln 
School Building Loan, Act of 1948. Each authorized loan 
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 statutory 
limit, but shall, except as provided herein, be subject to chap- 
ter forty-four of the General Laws, exclusive of the limita- 
tion contained in the first paragraph of section seven thereof. 

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

Approved April 12, 1948. 

Chav 209 -^N ■^^'^ relative to the reinstatement of widows as 

TEACHERS IN THE PUBLIC SCHOOLS OF THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 34 of the acts of 1936 is 
hereby amended by adding at the end the following sentence: 
— This act shall not apply in the case of the reinstatement of 
widows formerly employed as teachers in the public schools 
of said city. 

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

Approved April 12, 1948. 

Chav. 21^ An Act relative to the establishment of salaries of 

administrative officers of the city of LYNN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 340 of the Special Acts of 1917 is 
hereby amended by striking out section 43 and inserting in 



Acts, 1948. — Chaps. 211, 212. 205 

place thereof the following section : — Section JfS. The city 
council shall establish by ordinance the salary or compensa- 
tion of every administrative officer, not otherwise provided 
for. 

Section 2. This act shall take full effect upon its accept- 
ance prior to October first in the current year by the city 
council of the city of Lynn, subject to the provisions of its 
charter, but not otherwise. Approved April 12, 1948. 

An Act providing for the appointment of an assistant (Jjidj) 211 

BY AUDITORS, ACCOUNTANTS, AND OFFICERS HAVING SIMI- 
LAR DUTIES, OF CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by o. l. (Ter. 
inserting after section 49 the folbwing section : — Section f 49Af i'dSed. 
49 A. The auditor, accountant, or officer having similar Assistants 
duties, of a city or town, may in writing appoint, with the munXipri 
approval of the mayor or the selectmen thereof, an assistant, "^^^^^^j^ ^j 
who shall be sworn to the faithful performance of his duties, 
and a record shall be made of his appointment and oath. 
Unless a temporary officer is appointed in accordance with 
law, the assistant may, in the absence of the appointing 
officer, perform his duties and when performing such duties 
shall have the powers and be subject to the requirements 
and penalties applicable to him. The person appointed as 
assistant hereunder shall not receive a salary from the city 
or town for service as such, but his compensation therefor, 
if any, shall be paid by the appointing officer. 

Approved April 12, 1948. 

An Act authorizing the tow^n of charlemont to bor- Chav.212 

ROW MONEY FOR THE CONSTRUCTION AND FURNISHING OF 
A SCHOOL ADDITION AND FOR REMODELING AN EXISTING 
SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section L For the purpose of constructing an addition 
to the Village School and originally equipping and furnishing 
said addition, and for remodehng the existing building, the 
town of Charlemont may borrow, from time to time within 
a period of five years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, one 
hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Charle- 
mont School Addition Loan, Act of 1948. 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 sub- 
ject to chapter forty-four of the General Laws, exclusive of 
the limitation contained in the first paragraph of section 
seven thereof. 



206 Acts, 1948. — Chaps. 213, 214. 

Section 2. This act shall be submitted for acceptance to 
the voters of said town at any town meeting held within 
three years after its passage in the form of the following ques- 
tion which shall be placed on the official ballot for the elec- 
tion of town officers, if action is to be taken at an annual 
town meeting, or on a printed ballot to be used in connection 
with the voting list if action is taken at a special town 
meeting: — "Shall an act passed by the general court in the 
year nineteen hundred and forty-eight, entitled, 'An Act 
authorizing the town of Charlemont to borrow money for 
the construction and furnishing of a school addition and for 
remodeling an existing school building', be accepted?" If 
a majority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon become fully 
effective, but not otherwise. Approved April 12, 1948. 

Chap.213 -^N Act relative to the investment of the funds of 

THE PROPRIETORS OF THE TAUNTON CEMETERY. 

Be it enacted, etc., as follows: 

Section 1. The Proprietors of the Taunton Cemetery, 
incorporated by chapter forty-six of the acts of eighteen 
hundred and thirty-six, are hereby authorized to invest anj' 
funds in their hands in any securities or investments in which, 
under the laws of the commonwealth, trustees appointed by 
courts of the commonwealth are now, or may hereafter be, 
authorized or permitted to invest. 

Section 2. Nothing in this act shall be deemed to affect 
the validity of any investment of funds made by said pro- 
prietors prior to the effective date of this act. 

Approved April 12', 1948. 

Chap.214: An Act to provide a uniform period for the continua- 
tion OF non-conforming uses under the boston zoning 

LAW in certain CASES. 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 9 of chapter 488 
of the acts of 1924, as most recently amended by section 8 of 
chapter 373 of the acts of 1941, is hereby further amended 
by adding at the end the words: — , except that in the case 
of the use of a building or premises or part thereof in an area 
which has been transferred to another district by a change 
in district boundaries either by action of the board of zoning 
adjustment or by an amendment to this act, which use con- 
formed to the requirements of sections one to nine, inclusive, 
of this act immediately prior to the transfer of such area, such 
use may be continued for thirty-seven years after such trans- 
fer, — so as to read as follows: — No use of a building or 
premises, or part thereof, which does not conform to the 
provisions of sections one to nine, inclusive, of this act, shall 
be continued after April one, nineteen hundred and sixty- 
one, except that in the case of the use of a building or premises 



Acts, 1948. — Chap. 215. 207 

or part thereof in an area which has been transferred to 
another district by a change in district boundaries either 
by action of the board of zoning adjustment or by an amend- 
ment to this act, which use conformed to the requirements 
of sections one to nine, inclusive, of this act immediately 
prior to the transfer of such area, such use may be continued 
for thirty-seven years after such transfer. 

Section 2. Section one of this act shall be applicable 
whether the change of district boundaries was made before 
or after the effective date of this act. * 

Approved April 12, 1948. 

An Act relative to investment of deposits and the Qfiar> 215 

INCOME therefrom OF SAVINGS BANKS IN CERTAIN RAIL- 
ROAD obligations. 

Whereas, It is urgent that the provisions of this act be- Emergency 
come effective without delay in order that the incurring of pi'eambie. 
certain unnecessary expense by the commonwealth in the 
preparation and furnishing by the commissioner of banks of 
lists of bonds and notes which are legal investments for 
savings banks may be avoided, 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: 

Section 54 of chapter 168 of the General Laws is hereby g. l. (Ter. 
amended by striking out clause Third and clause Third A, H^amfnied.^' 
as amended, and inserting in place thereof the following: — 

Third. In railroad obligations, subject, however, to the investments 
following conditions : — LbUgatronl 

(1) Such obligations must be those of a railroad incor- 
porated in the United States or any state thereof and which 
is doing business principally within the United States. 

(2) Such obligations shall not be in default and the rail- 
road corporation which operates the railroad upon which 
such obligations are secured shall not, at the date of invest- 
ment, be in default as to payment of principal or interest of 
any of its obligations or in the pajonent of rental for leased 
Hnes or terminal facilities, but nothing in this subdivision 
shall prevent investment in obligations of a corporation which 
shall have undergone financial readjustment under provi- 
sions of the federal bankruptcy laws or through equity re- 
ceivership. 

(3) In the period consisting of the three calendar years 
last preceding the date of investment for which the necessary 
statistical data are available the railroad corporation which 
operates the railroad upon which such obligations are secured 
shall have had gross revenues equal to at least one quarter 
of one per cent of the combined gross revenues of all class I 
railroads exclusive of switching and terminal companies. 

(4) In the period consisting of. the three calendar years 
last preceding the date of investment for which the necessary 



208 Acts, 1948. — Chap. 215. 

statistical data are available, the railroad corporation which 
operates the railroad upon which such obligations are secured 
shall have had an average income available for fixed charges 
so that: — 

(a) Fixed charges coverage, as hereinafter defined, will be 
at least equal to one and one quarter times the annual fixed 
charges of the said railroad corporation as of the date of 
investment and will be at least equal to that of all class I 
railroads combined, exclusive of switching and terminal com- 
panies; and 

(6) The margin of safety, as hereinafter defined, will be 
at least equal to that of all class I railroads combined, ex- 
clusive of switching and terminal companies. 

(5) Such obligations shall contain an unconditional prom- 
ise to pay the interest thereon regularly, and to pay the prin- 
cipal at a specified date, which promise may be modified, if 
at all, only by vote of holders of at least seventy-five per 
cent in amount of such bonds. 

(6) Such obligations shall be secured : — 

(a) By a direct or collateral mortgage lien on a railroad 
owned, directly or beneficially, by a railroad corporation 
which meets the requirements of subdivisions (1), (2), (3), 
and (4); or 

(6) By a direct or a collateral mortgage lien on a railroad 
owned, directl}^ or beneficially, by a corporation which leases 
the mileage to a railroad corporation which meets the re- 
quirements of subdivisions (1), (2), (3), and (4) under a 
lease which extends at least three years beyond the maturity 
of such obligations and which provides for unconditional pay- 
ment of interest on all funded indebtedness and for the pay- 
ment or refunding of such obligations at maturity; except 
that the lease need not contain such provisions if such bonds 
are guaranteed by endorsement unconditionally as to prin- 
cipal and interest by said lessee railroad corporation; or 

(c) By the irrevocable pledge of bonds, notes or other 
evidences of indebtedness which would be legal investments 
for savings banks if held directly, and the principal amount 
of bonds, notes or other evidences of indebtedness so pledged 
is equal at least to the principal amount of such obligations 
outstanding. 

(7) Except as hereinafter provided the terms used in this 
clause shall have the meanings given them by the Inter- 
state Commerce Commission in its reports and in its system 
of uniform accounts for railroads. 

(a) The term "income available for fixed charges" shall 
mean the amounts so shown in reports to the Interstate 
Commerce Commission except that any federal income taxes 
deducted or any rebates of such taxes included, in arriving 
at such "income available for fixed charges" shall be re- 
stored or eliminated, respectively, to the end that the net 
amount to be used shall be the income available for charges 
before federal income tax charges or credits. 

(&) The term "annual fixed charges" shall mean the sum 



Acts, 1948. — Chap. 215. 209 

of fixed annual interest on all indebtedness outstanding at 
the date of investment plus the annual rental for leased 
roads which is called for under the terms of the lease or 
leases in the light of the capitalization of such leased road 
or roads as of the date of investment, except that interest 
on indebtedness which is to be retired with funds in hand 
at the date of investment under the terms of a binding 
agreement shall be excluded from such annual fixed charges. 

(c) As applied to individual operating railroad corpora- 
tions, the term "fixed charges coverage" shall mean the 
quotient obtained by dividing the average income available 
for charges in the three calendar years immediately preced- 
ing the date of investment by the annual fixed charges at 
the date of investment. As applied to all class I railroads 
combined said words shall mean the quotient obtained by 
dividing the average income available for charges in the 
three calendar years immediately preceding the date of in- 
vestment by the combined fixed charges for the calendar 
year immediately preceding the date of investment. 

(d) As applied to individual operating railroad corpora- 
tions, the "margin of safety" shall be determined by de- 
ducting from the average income available for charges in the 
three calendar years last preceding the date of investment 
the fixed charges at the date of investment, and thereafter 
dividing the remainder by the average gross revenues in 
said three calendar years. As applied to all class I railroads 
combined, the "margin of safety" shall be determined by 
deducting from the average income available for charges in 
the three calendar years last preceding the date of invest- 
ment the fixed charges in the calendar year immediately 
preceding the date of investment, and thereafter dividing 
the remainder by the average gross revenues in said three 
calendar years. 

(e) A railroad shall be deemed to be owned beneficially 
by a railroad corporation when the latter operates such 
railroad and owns at least ninety per cent of each class of 
outstanding capital stock, and ninety per cent of each class of 
outstanding bonds, notes and other evidences of indebted- 
ness, of the corporation which is the legal owner of the 
physical property. The earnings of such beneficially owned 
railroad shall, when published separately, be consolidated 
with the earnings of the operating railroad corporation for 
purposes of this clause. 

(/) Obligations shall be deemed to be secured by a collateral 
mortgage lien if they are secured by an irrevocable pledge 
of at least ninety per cent of each class of outstanding 
capital stock, and ninety per cent of each class of out- 
standing bonds, notes and other evidences of indebtedness, 
of the railroad corporation which is the legal owner of the 
physical property. 

Ig) Obligations shall be deemed to include only bonds and 
notes issued or assumed by a railroad corporation and equip- 
ment securities unconditionally guaranteed as to the pay- 



210 Acts, 1948. — Chap. 215. 

ment of principal and interest by such a corporation. If 
such a corporation has acquired a line of railroad subject to 
the lien of previously existing bonds and shall have subse- 
quently issued bonds of its own, which bonds are secured, 
in whole or in part, by a junior lien on such line of railroad, 
then the corporation shall be deemed, for the purposes of 
this clause, to have assumed the previously existing bonds. 

(8) Not more than twenty per cent of the deposits of any 
such bank shall be invested in railroad obligations. Not 
more than one and one half per cent of the deposits of any 
such bank shall be invested in the obligations of any one 
operating railroad corporation, including its direct and 
assumed obligations and including also the obligations of 
lessor railroad corporations which derive seventy-five per 
cent or more of their income from leases of their railroads 
to said operating railroad corporation. This provision as to 
amounts to be invested in railroad obligations shall limit, 
by inclusion, amounts invested in railroad obligations eligible 
under the provisions of clause Third A and amounts invested 
in railroad (but not railroad terminal company) obligations 
authorized for investment under the provisions of subdivision 
(c) of clause Fifteenth. 

Third A. In railroad equipment obligations subject to 
the following conditions : — 

(1) Such equipment obligations shall be those of, or 
guaranteed by, a railroad incorporated in the United States 
or any state thereof and which is doing business principally 
within the United States. 

(2) Such equipment obligations shall not be in default 
and the railroad corporation which is the obligor or guarantor 
in respect to such obligations shall not, at the date of invest- 
ment, be in default as to payment of principal or interest of 
any of its obligations or in the payment of rental for leased 
lines or terminal facilities, but nothing in this subdivision 
shall prevent investment in equipment obligations issued, 
assumed or guaranteed by a railroad corporation which 
shall have undergone financial readjustment under pro- 
visions of the federal bankruptcy laws or through equity 
receivership. 

(3) In the period consisting of the three calendar years 
next preceding the date of investment the railroad corpora- 
tion which has issued, assumed or guaranteed such obliga- 
tions shall have had gross revenues equal to at least one 
quarter of one per cent of the combined gross revenues of 
all class I railroads exclusive of switching and terminal 
companies. 

(4) The railroad corporation which shall have issued, 
assumed or guaranteed such equipment obligations shall 
have had, in the three calendar years next preceding the 
date of investment, an average of net railway operating 
income at least equal to its total annual fixed charges as 
of the date of investment, at least equal to three times the 
annual interest on all its equipment obligations outstanding 



Acts, 1948. — Chap. 215. 

as of the date of investment, and at least equal to eight per 
cent of its average gross revenues of the same three years. 

(5) Such equipment obligations shall be secured by a 
first lien on, or by a lease of, or conditional sale of, new rail- 
road equipment of standard gauge, free from any other 
encumbrance, for the purchase of which obligations were 
issued at not exceeding ninety per cent of the purchase 
price of such equipment, provided, that, pending the com- 
pletion and delivery of the equipment, such obligations 
may be secured by cash, deposited with or to the credit of 
the trustee under the instrument under which such securities 
were issued, in an amount not less than the principal amount 
of all such obligations outstanding. 

(6) The instrument under which such equipment obliga- 
tions are issued, or the lease or conditional sale of such 
equipment, shall provide for the proper maintenance and 
replacement of such equipment, and for the payment of 
the entire issue of such obligations in not exceeding fifteen 
approximately equal annual, or in thirty approximately 
equal semi-annual, installments from the date of issue, 
without the release of any part of the lien or interest in any 
part of the equipment securing such obligations until the 
entire issue of the series so secured shall have been paid or 
redeemed, provided, that such instrument may permit the 
release therefrom of any equipment covered thereby upon 
the condition that, as security in lieu thereof, there shall 
be deposited with or to the credit of the trustee under the 
instrument, cash or bonds, notes or certificates of indebted- 
ness of the United States, or of any state thereof, equivalent 
to the fair value of the equipment released, and that such 
deposit may be subsequently in whole or in part withdrawn 
and used for the purchase of additional railroad equipment 
of standard gauge, to be substituted in lieu thereof free 
from any other encumbrance, of material and construction 
substantially as good as, and of a value equal to the value 
of, the equipment previously released. 

(7) Such equipment obligations shall be guaranteed by 
endorsement as to principal and interest or dividends by a 
railroad corporation which meets the requirements of this 
clause. 

(8) Definitions contained in subdivision (7) of clause 
Third shall apply to this clause. The term "net railway 
operating income" shall mean the amount so shown in 
reports to the Interstate Commerce Commission except that 
any federal income taxes deducted, or rebates of such taxes 
included, in arriving at such "net railway operating income" 
shall be restored or eliminated respectively to the end that 
the net amount to be used shall be the net railway operating 
income before federal income tax charges or credits. 

Approved April I4, 1948. 



212 Acts, 1948. — Chaps. 216, 217. 



Chap. 21Q An Act providing for the improvement by the town 
OF framingham of beaver dam brook in said town 

and in the towns of ASHLAND AND NATICK. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 301 of the acts of 1927 
is hereby amended by inserting after the word "eighty" in 
line 11 the words: — or eighty A, — so as to read as fol- 
lows : — Section 2. For the purposes aforesaid, said town 
may take by eminent domain under chapter seventy-nine of 
the General Laws, or acquire by purchase or otherwise, 
lands, easements, rights of way, water rights and other 
property, and any person who is injured in his property by 
the taking, or by the widening, straightening or deepening 
of the channel of said brook, or by any other act of said 
town of Framingham under the provisions of this act may 
recover from said town damages therefor under said chapter 
seventy-nine. The said town of Framingham may assess 
under chapter eighty or eighty A of the General Laws better- 
ments for benefits accruing from the improvements provided 
for by this act to estates in said town upon such estates, but 
no such assessment shall exceed the amount of the special 
benefit to such estate. 

Section 2. Said chapter 301 is hereby further amended 
by inserting after section 4 the following section : — Sec- 
tion 4-^. For the purpose of carrying out the provisions of 
this act, said town of Framingham may borrow from time to 
time within a period of five years from the passage of this 
act such sums as may be necessary, not exceeding in the 
aggregate one hundred and fifty thousand dollars, and may 
issue bonds or notes therefor which shall bear on their face 
the words "Framingham Drainage Loan, Act of 1948." 
Each authorized issue shall constitute a separate loan and 
such loans shall be paid in not more than ten years from 
their dates. Indebtedness incurred under this act shall be 
in excess of the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws, 
including the limitation contained in the first paragraph of 
section seven thereof. Approved April 14, 1948. 



Chap. 217 An Act increasing workmen's compensation benefits 

FOR EMPLOYEES IN THE GRANITE INDUSTRY CONTRACTING 
SILICOSIS AND OTHER OCCUPATIONAL PULMONARY DUST 
DISEASE. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scction 77 of chapter 152 of the General Laws, inserted 

^I'l'amfnde"' by scction 1 of chapter 465 of the acts of 1939, is hereby 

amended by. striking out, in lines 6 and 29, the word "three" 

and inserting in place thereof, in each instance, the word : — 

four. ■ Approved April I4, 1948. 



Acts, 1948. — Chaps. 218, 219, 220. 213 



Chap.218 



Chap.219 



An Act authorizing the city of Springfield to pay 
a sum of money to rena a. kennedy of said city, 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield, notwithstanding 
any statute or ordinance to the contrary, and subject to 
approval by vote of the city council of the city of Springfield, 
may pay to Rena A. Kennedy of said city a sum not ex- 
ceeding five hundred and fifty-eight dollars and fifty cents 
to reimburse her for money expended for counsel fees and 
costs in connection with her appeal to the district court of 
Springfield from the action of the board of public welfare 
of the city of Springfield in suspending her from her em- 
ployment as principal clerk in the department of public 
welfare for lack of funds, which appeal resulted in a reversal 
of the finding of the board of public welfare and an order 
that she be reinstated to her position as principal clerk in 
the department of public welfare. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the city of Springfield, 
but not otherwise. Approved April I4, 1948. 

An Act authorizing the county of Bristol to pay a 

SUM OF money to STANLEY WOOD GRAIN COMPANY OF 
TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the county of Bristol is hereby authorized to 
pay from the appropriation for the Bristol county agri- 
cultural school for the current year the sum of thirteen 
hundred and fifty-one dollars and sixteen cents to Stanley 
Wood Grain Company of Taunton in pajonent for certain 
merchandise delivered by said company to said school 
during the year nineteen hundred and forty-seven. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the county commissioners of Bristol county, 
but not otherwise. Approved April I4, 1948. 



An Act increasing temporarily the tax imposed by the fhn^ 220 

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''«=*™t>'«- 
the pari-mutuel or certificate system of wagering, including 
those taking place in the near future, and the deferred 
operation of this act would tend in part to defeat its pur- 
pose by depriving the commonwealth of necessary revenue, 
therefore it is hereby declared to be an emergency law. 



214 Acts, 1948. — Chaps. 221, 222. 

necessary for the immediate preservation of the pubHc con- 
venience. 

Be it enacted, etc., as follows: 
AddUionai^tax jj^ addition to any amount required to be withheld under 
wagering. 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, other than a 
licensee holding a horse or dog racing meeting in connection 
with a state or county fair, shall withhold an amount equal 
to one per cent of the total amount wagered on each day of 
such meeting conducted during the years nineteen hundred 
and forty-eight and nineteen hundred and forty-nine and 
shall pay the same to the commission on the day following. 

Approved April 15, 1948. 

Chap. 221 An Act making certain registered dentists eligible 

TO engage in the practice of dentistry. 

Emergency Whcrcas, The deferred operation of this act would tend 

pream e. ^^ defeat its purposc, which is to make available forthwith 
to certain residents of the commonwealth the opportunity 
to practice dentistry, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the pubhc convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any contrary provision of section three 
of chapter four hundred and fifteen of the acts of nineteen 
hundred and thirty-nine, any resident of the commonwealth 
who received a certificate of registration from the board of 
dental examiners prior to January first, nineteen hundred 
and twenty-five, may practice dentistry in the common- 
wealth; provided, that no such certificate, or renewal 
thereof, has been cancelled or revoked. Such practice shall 
be subject to and have the benefit of all other pertinent pro- 
visions of law relating to the registration of dentists and the 
practice of dentistry in the commonwealth. 

Approved April 15, 1948. 

Chap.222 An Act temporarily relaxing the terms of ordinances 

OR BY-LAWS restricting THE USE AND OCCUPATION OF 
TWO AND ONE HALF STORY HOUSES, SO CALLED. 

'l"ambiT^ Whereas, The deferred operation of this act will tend to 

defeat its purpose, which in part provides for a temporary 
relaxation of certain ordinances and by-laws relating to hous- 
ing, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public health 
and convenience. 

Be it enacted, etc., as follows: 

Section 1 of chapter 561 of the acts of 1946 is hereby 
amended by striking out, in Hne 19, the word "two" and 



Acts, 1948. — Chap. 223. 215 

inserting in place thereof the word : — four, — so as to read 
as follows: — Section 1. Any board of appeals established 
under the provisions of section thirty of chapter forty of the 
General Laws, after a hearing held in accordance with its 
rules and with the provisions of said section thirty, in so far 
as the same may be applicable, and by the concurring vote 
of all of its members, may authorize a variance or exception 
from the terms of an ordinance or by-law adopted under 
sections twenty-five to thirty, inclusive, of said chapter forty, 
to permit the use and occupation as a dwelling, by not more 
than three families, of any two and one half story house, so 
called; and any such variance or exception may be made 
conditional upon the making of any alterations or structural 
changes in such a house that, in the opinion of the board, 
may be necessary for the protection of the health, safety or 
convenience of the occupants of the same or of the owners 
or occupants of any property deemed by the board to be 
affected by its action; provided, that no such variance or 
exception shall be so authorized after the expiration of four 
years from the passage hereof, nor unless such board of ap- 
peals finds that the same will not be a substantial detriment 
to the public good and will not substantially damage any 
neighboring property. Approved April 15, 1948. 



An Act to incorporate the beaver meadow cemetery Chap. 22S 

CORPORATION AND VALIDATING CERTAIN ACTS OF AN UNIN- 
CORPORATED ASSOCIATION OF THE SAME NAME. 

Be it enacted, etc., as follows: 

Section 1. Frank Foster, George Howes, William Crout- 
woFst, Jessie W. Glabach, Edwin Porter, Alice Dobias and 
Spencer Howes, their associates and successors, are hereby 
made a corporation, by the name of the Beaver Meadow 
Cemetery Corporation, for the purpose of acquiring, holding, 
maintaining, improving and enlarging, for a place of burial of 
the dead, certain land set apart and known as the Beaver 
Meadow Cemetery in the town of Ley den, containing about 
fourteen acres, and being described in a deed from Allen S. 
Newcomb to the Beaver Meadow Cemetery Corporation, an 
unincorporated association, dated April thirtieth, nineteen 
hundred and three, and recorded with the Franklin Registry 
of Deeds, Book five hundred and one, page two hundred and 
forty-six, and since the date of said deed cared for and 
maintained by the said unincorporated association. The 
said Beaver Meadow Cemetery Corporation incorporated by 
this act shall have all the powers and privileges and shall be 
subject to all the duties, restrictions and liabilities set forth 
in all general laws now or hereafter in force relating to such 
corporations. 

Section 2. The said Beaver Meadow Cemetery Corpora- 
tion is hereby authorized to receive any funds or property of 
the said association from all persons possessing the same and 



216 Acts, 1948. — Chap. 224. 

to hold such funds and property for the purposes authorized 
by this act. 

Section 3. All persons now or hereafter owning lots or 
any interest in lots in said cemetery may become members 
of the corporation on application to the secretary, and when 
any person shall cease to be the proprietor of a lot, or of an 
interest in a lot, in the lands of the corporation he shall cease 
to be a member thereof; provided, that all rights which any 
persons have acquired in said cemetery or lots therein shall 
remain in force to the same extent as if this act had not been 
passed. 

Section 4. The net proceeds of sales of lots in the lands 
held by the said corporation, and any bequests made to it, 
shall be applied to the preservation, improvement, embellish- 
ment, protection or enlargement of said cemetery, and to 
paying the incidental expenses thereof, and to no other 
purpose. 

Section 5. The said corporation is hereby authorized to 
take and hold any grant, gift or bequest of property, upon 
trust, and to apply the same, or the income thereof, to the 
improvement, embellishment, protection or enlargement of 
said cemetery, or of any lot therein, or for the erection, re- 
pair, preservation or removal of any monument, fence or 
other structure therein, or for the planting or cultivation of 
trees, shrubs or plants in or around any lot, or for improving 
said premises in any manner consistent with the object of 
the corporation, according to the terms of such grant or 
bequest. 

Section 6. The said corporation may by its by-laws pro- 
vide for such officers as may be necessary, and may define 
their powers and duties, and may also provide for the care 
and management of the said cemetery and for the sale of 
lots therein, and for the management of any funds which the 
corporation may hold, and for any other matters incident to 
the purposes of the corporation. 

Section 7. All acts of said association and of the persons 
acting as officers or agents thereof, in selling or transferring 
rights in said cemetery are hereby ratified and confirmed. 

Approved April 15, 1948. 

C/iap.224 An Act further regulating the practice of veterinary 

medicine. 

Be it enacted, etc., as follows: 

G- L. (Ter ^^ Chapter 112 of the General Laws is hereby amended by 

amended.' ' Striking out scction 59, as appearing in the Tercentenary 

Edition, and inserting in place thereof the following: — 

Practice of Scction 59. Any person who falsely asserts that he has a 

medicine. Certificate granted by the board, or who falsely and with 

regulated. intent to dcccivo claims to be a graduate of any college 

granting degrees in veterinary medicine, or who, except as 

permitted by section sixty, directly or indirectly practices 

or attempts to practice veterinary medicine, or holds himself 



Acts, 1948. — Chap. 225. 217 

out as a practitioner thereof, without being registered under 
sections fifty-five to fifty-eight, inclusive, or corresponding 
provisions of earher laws, or any registered veterinarian 
or incorporated veterinary hospital or company who or 
which emplo3^s or permits a person to practice veterinary 
medicine unless such person is registered, or any person 
who violates any provision of sections fifty-five to sixty, 
inclusive, shall be punished by having his license to practice 
veterinary medicine revoked, or its license to operate a 
veterinary hospital suspended, as the case may be, and by a 
fine of not more than two hundred dollars or by imprison- 
ment for not more than three months, or both; provided, 
that any corporation violating any provision of sections 
fifty-five to sixty, inclusive, in addition to having its license sus- 
pended as aforesaid, shall be punished by the fine herein pro- 
vided for such violation, and its officers, owners or managers 
concerned in the violation shall be punished by the fine or 
imprisonment herein provided for such violation, or both. 

Approved April 15, 1948. 



An Act authorizing the city of Worcester to sell Chap. 225 

AND CONVEY CERTAIN LAND HELD BY IT FOR PARK PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester, by its mayor when 
so authorized by the city council, may sell and convey free 
and clear from any obligation to use the same for park pur- 
poses or any other public purposes a certain parcel of land 
situated on the westerly side of Grove street in said city; 
provided, that the trustees of the Worcester Art Museum 
shall in writing release all conditions, terms, provisions, 
reservations and exceptions appurtenant to said parcel, 
being the first described parcel in a deed from the trustees 
of the Worcester Art Museum to the city of Worcester, 
dated December twenty-eighth, nineteen hundred and 
eleven, recorded in the Worcester district registry of deeds, 
book 1982, page 265, and shown on a plan entitled "Land 
to be conveyed to City of Worcester by the Worcester Art 
Museum" drawn by city engineers' office, Worcester, Massa- 
chusetts, dated November fourteenth, nineteen hundred 
and eleven, said plan being recorded with said deed in said 
book 1982, facing said page 265. 

Section 1A. The proceeds of the sale of said real estate 
shall be used only for the purpose of improving parks and 
playgrounds laid out under chapter forty-five of the General 
Laws. 

Section 2. This act shall take full effect if, after recom- 
mendation by the park commission of the city of Worcester, 
it is accepted by the city council of said city, subject to the 
provisions of its charter, during the current year. 

Approved April 15, 1948. 



218 



Acts, 1948. — Chaps. 226, 227. 



Chav.22d An Act placing the office of senior legal assistant 

OF THE APPELLATE TAX BOARD UNDER THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

The person holding the office of senior legal assistant of 
the appellate tax board shall, upon the effective date of 
this act, become subject to the civil service laws and rules, 
and his tenure of office shall be unlimited, subject, however, 
to said laws, but he shall be subjected by the division of 
civil service to a qualifying examination, and if he passes 
said examination he shall be certified for said office and 
shall be deemed to be permanently appointed thereto without 
being required to serve any probationary period. 

Approved April 15, 1948. 



Chav.227 An Act relative to the powers, duties and procedure 

OF THE MILK REGULATION BOARD. 



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



Rules and 

regulations to 
be approved 
by governor 
and council. 



Publication 
and hearing. 



Be it enacted, etc., as follows: 

Chapter 94 of the General Laws is hereby amended by 
striking out section 13A, inserted by section 1 of chapter 
263 of the acts of 1933, and inserting in place thereof the 
following section: — Section ISA. The board, before sub- 
mitting such rules and regulations to the governor and 
council for approval, shall hold a public hearing thereon 
and shall give notice thereof by mail, postage prepaid, to all 
parties known to it to be directly interested. After adopting 
rules and regulations under section thirteen, the board shall 
publish the same in a newspaper covering in circulation 
each county in the commonwealth, at least fourteen days 
before submitting them for the approval of the governor 
and council. Any person objecting to such rules and regula- 
tions may within seven days after such publication petition 
the governor and council for a hearing before approval of 
the same, and the governor and council shall hear the peti- 
tioner, after giving due notice to the board and to all persons 
appearing at the hearing before the board whose attendance 
appears of record. The governor and council shall notify 
the board, within thirty days of such submission or within 
thirty days of such hearing, of their action on such rules 
and regulations. The provisions of this section relative to 
notice and publication shall apply to amendments of such 
rules and regulations, except that the governor and council 
may, upon the application of the board, authorize it to 
dispense with such notice and publication with regard to 
amendments deemed by the governor and council to be 
unimportant or of an emergency nature. 

Approved April 15, 19 48. 



Acts,, 1948. — Chaps. 228, 229, 230. 219 



An Act providing for leave of absence for civil service Qhny 228 
EMPLOYEES WHO ARE VETERANS AND ATTEND SCHOOL OR 
COLLEGE OR ARE EMPLOYED IN "ON THE JOB " TRAINING, 
S0 CALLED, UNDER THE PROVISIONS OF THE G. I. BILL OF 
RIGHTS, SO CALLED. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law to the con- 
trary relating to civil service employees, any person holding 
office or employment under permanent appointment in the 
official or labor service of the commonwealth, or of any 
coiint}^, city or town thereof, who leaves his office or em- 
ploj'ment for the purpose of attending a school or college 
for further education under the G. I. Bill of Rights, so called, 
or for the purpose of employment as a rehabilitation trainee, 
apprentice trainee or "on the job" trainee under said G. I. 
Bill of Rights, so called, shall be entitled to a leave of absence 
without loss of civil service rights during such attendance 
or employment. Approved April 15, 1948. 



Chap.229 



An Act relative to the establishment of districts 

UNDER the veterans' SERVICES LAW, SO CALLED. 

Be it enacted, etc., as follows: 

Section 10 of chapter 115 of the General Laws, inserted gj^i^J""-. lo 
by section 1 of chapter 599 of the acts of 1946, is hereby etc., 'amended. ' 
amended by striking out the second paragraph and insert- 
ing in place thereof the following: — 

Two or more adjoining towns, or two or more adjoining Municipalities 
municipalities only one of which is a city, may, in a city by distnct™nder 
vote of the city council thereof, and in a town by vote of the veterans- 
selectmen thereof, form a district for the purposes set forth ^^^'^'^^^ ^'^' 
in the first paragraph of this section, including the appoint- 
ment and compensation of a director of veterans' services, 
for the enforcement therein of such purposes and of such 
other provisions of law as it may be his duty to enforce. 
Any constituent city or town by vote may withdraw from 
the district at the end of any fiscal year of such city or town 
if such withdrawal is voted in the manner aforesaid not less 
than sixty days prior to the end of such fiscal year and notice 
of such vote is filed with the other municipalities comprising 
the district. Approved April 15, 1948. 

An Act extending further the duration of a law p/,^^ oon 

PROVIDING for the TRIAL OR DISPOSITION OF CERTAIN ^' 

CRIMINAL CASES BY DISTRICT COURT JUDGES SITTING IN 
THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Chapter 469 of the acts of 1923 is hereby amended by 
striking out section 5, as most recently amended by chapter 
112 of the acts of 1947, and inserting in place thereof the 



220 Acts, 1948. —Chap. 231. 

following section: — Section 5. This act shall not be opera- 
tive after June thirtieth, nineteen hundred and forty-nine. 

Approved April 15, 1948. 



Chap.231 An Act authorizing the town of great barrington 

TO RECEIVE AND ADMINISTER THE PROPERTY OF THE 
MAHAIWE CEMETERY ASSOCIATION IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The Mahaiwe Cemetery Association, an 
association located in the town of Great Barrington, herein- 
after called the association, may, by deed duly executed, 
convey and transfer to said town, and said town is hereby 
authorized and empowered to receive, and thereafter to hold 
and maintain, but for cemetery purposes only, and subject 
to all rights heretofore existing in any burial lots, the real 
and personal property of the association not subject to any 
trust, and thereupon, and upon the transfer of the trust funds 
as hereinafter provided, the powers and duties of said as- 
sociation shall terminate; and the cemetery of the associa- 
tion shall be and become a public burial place, ground or 
cemetery. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction and in compliance with the terms 
and conditions of such decree, said town may receive from 
the association a conveyance and transfer of, and administer, 
all funds or other property held by the association in trust 
for the perpetual care of the lots in its cemetery and for 
other purposes, and also any property devised or bequeathed 
to the association under the will of any person living at the 
time of said transfer or conveyance or under the will of any 
deceased person not then probated. Interest and dividends 
accruing on funds deposited in trust with any savings bank 
under authority of section thirty-seven or section thirty- 
eight of chapter one hundred and sixty-eight of the General 
Laws, or with any other banking institution, for the benefit 
of the association, or of any lots in its cemetery, and interest 
accruing on bonds held in the name of the association for 
the benefit of any lots in its cemetery, may, after such con- 
veyance, be paid by such bank, institution or other corpora- 
tion to the treasurer of said town; and upon such payment 
said treasurer shall use the same for the purposes of said 
trusts.' 

Section 3. All real and personal property and property 
rights, acquired by said town from the association under 
authority of this act, shall be held and managed by said 
town in the same manner in which cities and towns are 
authorized by law to hold and manage property for cemetery 
purposes; provided that all rights which any persons have 
acquired in the cemetery of the association or any lots therein 
shall remain in force to the same extent as if this act had 
not been passed and such transfer had not occurred. The 



Acts,, 1948. — Chaps. 232, 233. 221 

records of the association shall be delivered to the clerk of 
said town and such clerk may certify copies thereof. 

Section 4. The action of the inhabitants of the town of 
Great Barrington, at its annual town meeting in the year 
nineteen hundred and forty-eight, in voting to accept a 
transfer of the real and personal property of said cemetery 
association, and all funds or other property held by said 
association in trust for the perpetual care of the lots in its 
cemetery and for other purposes, and all acts of the associa- 
tion purporting to assign, set over, grant or convey to said 
town the real and personal property of the association and 
funds or other property so held in trust by the association, 
together with any and all rights of the association thereto, 
in law or in equity, are hereby ratified and confirmed, and 
shall have the same effect and validity as if section one had 
been in effect prior to said vote. 

Section 5. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Great Barrington voting thereon at a regular or special 
town meeting held in the current year, but not otherwise. 

Approved April 15, 1948. 

An Act excluding certain persons from participating Chav.232 
IN boxing or sparring matches or exhibitions. 

Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by g i-. (Ter. 
inserting after section 39, as appearing in the Tercentenary § 39A, ad'ded!^ 
Edition, the following section: — Section 39 A. No profes- Boxers ex- 
sional boxer, licensed under section thirty-five, who has matchei'^under 
been knocked out, technically or otherwise, six or more certain con- 
times in the preceding twelve months, shall take part in a 
boxing or sparring match or exhibition until he has been 
examined and found fit to take part in such a match or ex- 
hibition, by a physician selected by the commission, at a 
place and time designated by the commission. If any such 
boxer is found unfit to engage in any such boxing or spar- 
ring match or exhibition, he shall be excluded from such 
participation in this commonwealth for a period of three 
months, after which time he may make a request to the 
commission for another physical examination. 

Approved April 15, 1948. 



An Act placing the office of veterans' agent of the Chav.2S3 

TOWN OF MILLBURY UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of veterans' agent of the town of 
Millbury shall, upon the effective date of this act, become 
subject to the civil service laws, and the rules and regula- 
tions made thereunder, and the tenure of office of any sub- 
sequent incumbent of said office shall be unlimited, subject. 



222 Acts, 1948. — Chap. 234. 

however, to said civil service laws. The incumbent of said 
office on said effective date shall be subjected to a qualifying 
examination for said office by the division of civil service of 
the department of civil service and registration. If said 
incumbent passes said examination, 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 unlimited, subject, however, to the 
provisions of said laws. 

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

Approved April 16, 1948. 

Chap.2S4: An Act establishing the office of water commissioner 

OF THE CITY OF FITCHBURG AND DEFINING HIS TOWERS 
AND DUTIES. 

Be it enacted, etc., as follows: 

Section 1. The water department of the city of Fitch- 
burg, created by chapter one hundred and seventy-seven of 
the acts of eighteen hundred and sixty-five, now operating 
by ordinance as the water division of the public works de- 
partment of said city, is hereby established as a separate 
department to be under the control of a water commissioner 
who shall have the powers, duties and authoritj^ as provided 
by section three of this act. Upon the acceptance of this 
act, the water registrar shall thereupon become the water 
commissioner and shall retain as said commissioner the civil 
service status which he now holds as water registrar. Upon 
a vacancy in said office the mayor, subject to the approval 
of the council, shall appoint a commissioner from an eligible 
civil service list. Said water commissioner may, subject to 
the approval of the mayor, appoint such assistants as he 
may deem necessary to perform the duties of the depart- 
ment. The commissioner may, subject to the approval of 
the mayor, fix the compensation of such assistants. The 
rules of said water division in effect on the effective date of 
this act shall remain in effect until changed in accordance 
with law. 

Section 2. The income of the water department shall be 
appropriated to defray all operating expenses, interest 
charges and payments on the principal as they apply upon 
any bonds or notes issued for the purpose of a municipal 
water supply. If in any year there should be a net surplus 
remaining after providing for the aforesaid charges such sur- 
plus shall be appropriated only for such new construction 
and additions as the commissioner determines, with the ap- 
proval of the mayor and council; provided, however, that 
if in any year the maintenance expenditures, including debt 
and interest, of the water department should be more than 
the water revenue, the amount of the deficit created shall 
be appropriated from the said water revenue. 

Section 3. Notwithstanding other provisions of law or 
of the charter of the city, the water commissioner of the city 



Acts, 1948. — Chaps. 235, 236. 223 

of Fitchburg shall have exclusive charge and control of the 
water department and water system, subject to all lawful 
by-laws and to such instructions, rules and regulations as 
the city may from time to time impose. Said water com- 
missioner may establish fountains and hydrants, may relocate 
or discontinue the same, and regulate the use of the water 
and fix and collect just and equitable prices and rates for the 
use thereof, and shall prescribe the time and manner of 
payment of such prices and rates. 

Section 4. This act shall be submitted for acceptance 
to the registered voters of the city of Fitchburg at the 
biennial state election in the current year in the form of the 
following question, which shall be placed upon the official 
ballot to be used at said election: — "Shall an act of' the 
general court passed in the current year establishing the 
office of water commissioner of the city of Fitchburg and 
defining his powers and duties, be accepted?" If a majority 
of the votes in answer to said question is in the affirmative, 
then this act shall take full effect, but not otherwise. 

Approved April 16, 1948. 

An Act providing for the improvement of the alewife QJidy 235 

FISHERY IN THE TOWN OF WEYMOUTH. 

Be it enacted, etc., as follows: 

Chapter 490 of the acts of 1947 is hereby amended by 
striking out, in lines 5 and 6, the words "thirty-five hundred " 
and inserting in place thereof the words: — six thousand, — 
so as to read as follows : — The department of conservation 
is hereby authorized and directed to make such improve- 
ments at the alewife fishery in the town of Weymouth as 
may be necessary or desirable. For said purposes there may 
be allowed and paid out of the state treasury, subject to 
appropriation, the sum of six thousand dollars; provided, 
that no part of said amount shall be expended until the 
town of Weymouth shall have paid into the state treasury 
the sum of twenty-five hundred dollars for said improvements. 

Approved April 16, 1948. 



An Act authorizing the city of north adams to appro- 
priate MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN 
UNPAID BILLS. 

Be it enacted, etc., as follows: 

Section 1 . The city of North Adams is hereby authorized 
to appropriate money for the payment of, and after such ap- 
propriation the treasurer of said city is hereby authorized to 
pay, such of the unpaid bills incurred by said city and 
totalling one thousand fifty-four dollars and forty-two cents, 
as set forth in the list on file in the office of the director of 
accounts in the department of corporations and taxation, as 
are legally unenforceable against said city, either by reason 
of their being incurred in excess of available appropriations 



Chap.2S6 



224 Acts, 1948. — Chaps. 237, 238. 

or by reason of the failure of said city to comply with the 
provisions of its charter, and as are certified for payment by 
the heads of the departments wherein the bills were con- 
tracted; provided, that the money so appropriated to pay 
such bills shall be raised by taxation in said city. 

Section 2. No bill shall be approved by the city auditor 
of said city for payment or paid by the treasurer thereof 
under authority of this act unless and until certificates have 
been signed and filed with said city auditor, stating under 
the penalties of perjury that the goods, materials or services 
for which bills have been submitted were ordered by an 
official or an employee of said city, and that such goods and 
materials were delivered and actually received by said city 
or that such services were rendered to said city, or both. 

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

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

Approved April 21, 1948. 

Chap.2S7 An Act authorizing the town of middleborough to 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing and originally equipping and furnishing a high 
school building, the town of Middleborough may borrow, 
from time to time, within a period of five years from the 
passage of this act, such sums of money 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, Middleborough School Loan, Act of 
1948. 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 21, 1948. 

Chap. 2SS An Act authorizing the county of dukes county to 
expend a certain sum of money for repairs at the 

DUKES county AIRPORT. 

Be it enacted, etc., as follows. • 

Section 1. The county of Dukes County may expend a 
sum not exceeding twenty-one hundred and twenty-four 
dollars for the purpose of making repairs at the public air- 
port operated by said county, the same to be paid from any 



Acts, 1948. — Chaps. 239, 240. "226 

available funds or from the proceeds of loans made in antici- 
pation of taxes of the year nineteen hundred and forty-eight, 
and said sum shall be included in the appropriations for the 
current year for said county. 

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

Approved April 21, 1948. 



Chap.2S9 



An Act authorizing the district attorney for the 
northwestern district to appoint an assistant 
district attorney and establishing the salary 

THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Section 14 of chapter 12 of the General Laws, g. l. (Ter. 
as amended, is hereby further amended by adding at the end ^tt! 'amended, 
the following paragraph: — 

For the northwestern district an assistant district attorney. Assistant for 

Section 2. Section 16 of said chapter 12, as amended, is SScT'*"™ 
hereby further amended by adding at the end the following g. l. (Ter. 
paragraph:- StJal^nVed*. 

For the northwestern district, one assistant, twenty-eight Salary. 
hundred and eighty dollars. 

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

Approved April 21, 1948. 

An Act relative to appeals to the civil service com- Chav 240 

MISSION BY civil SERVICE EMPLOYEES IN THE CASE OF 
THEIR DISCHARGE, REMOVAL, SUSPENSION, LAYING OFF, 
TRANSFER OR LOWERING IN RANK OR COMPENSATION OR 
IN CASE OF THE ABOLITION OF THEIR OFFICES OR POSITIONS. 

Be it enacted, etc., as follows: 

Section 43 of chapter 31 of the General Laws, as most g. l. (Tw. 
recently amended by section 1 of chapter 373 of the acts of etc.. amended'. 
1947, is hereby further amended by striking out paragraphs 
(6) and (c) and inserting in place thereof the following 
paragraphs : — 

(b) If within five days after receiving written notice of the Hearings, 
decision of the appointing authority the person so discharged, 
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 disinterested person 
designated by the chairman of the commission. Said hear- 
ing 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, unless, in either case, both 
parties thereto shall otherwise agree in writing, 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 filing of the report. If the commission finds 
that the action of the appointing authority was justified, 



226 Acts, 1948. — Chaps. 241, 242. 

such action shall 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. 
Say"blf (^) ^^y hearing under this section shall, if either party 

public. concerned so requests in writing, be public, and at any such 

hearing the person concerned shall be allowed to answer 
the charges preferred against him either personally or by 
counsel. Approved April 21, 1948. 

Chap. 24:1 An Act providing for the closing of public offices of 

THE COMMONWEALTH WITHIN SUFFOLK COUNTY AT TWELVE 
o'clock noon on MARCH SEVENTEENTH. 

Be it enacted, etc., as follows: 

EdK4^§'7 Clause Eighteenth of section 7 of chapter 4 of the General 

etc!, 'amended. Laws, as most recently amended by chapter 190 of the acts 
of 1946, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following: — 
rfficea'^of "Legal holiday" shall also include, with respect to Suffolk 

weTuh to county only, March seventeenth and June seventeenth, or 

close at the day following when March seventeenth or June seven- 

Ma?ch"i7. teenth occurs on Sunday, and the public offices of the cities 
of Boston, Chelsea and Revere, the town of Winthrop and 
the county of Suffolk shall be closed on said March seven- 
teenth or the day following when March seventeenth occurs 
on Sunday, and the public offices of the commonwealth 
within the county of Suffolk shall close at twelve o'clock 
noon on said March seventeenth or the day following when 
March seventeenth occurs on Sunday, and the public offices 
in said county shall be closed on said June seventeenth or 
the day following when June seventeenth occurs on Sunday ; 
provided, that the words "legal hohday" as used in section 
forty-five of chapter one hundred and forty-nine, and the 
word "holiday" as used in chapter one hundred and seven, 
shall not include March seventeenth or the day following 
when March seventeenth occurs on Sunday. 

Approved April 21, 1948. 

Chap. 242 An Act abolishing the veterans' services advisory 

COUNCIL. 

preambre7 Whcreas, The deferred operation of this act would defeat 

its purpose, which is to make effective on July first in the 
current year the abolition of the veterans' services advisory 
council, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 
Be it enacted, etc., as folloivs: 

Section 1. Section 1 of chapter 730 of the acts of 1945 
is hereby repealed. 

Section 2. This act shall take effect on July first in the ■ 
current year. Approved April 22, 1948. 



Acts, 1948. — Chaps. 243, 244, 245. 227 



An Act authorizing the town of scituate to borrow Chav.24S 

FOR school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for and 
constructing a school building and originally equipping and 
furnishing the same, the town of Scituate 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, five hundred thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Scituate School Loan, Act of 1948. Each author- 
ized issue shall constitute a separate loan, and such loans 
shall be paid in not more than twenty years from their dates. 
Indebtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be , 

subject to chapter forty-four of the General Laws, including 
the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved April 22, 191^8. 

An Act placing the office of superintendent of the QfiQr) 244 

city infirmary of the city of SALEM UNDER THE CIVIL 
SERVICE LAWS. 

Re it enacted, etc., as follows: 

Section L The office of superintendent of the city 
infirmary of the city of Salem shall, upon the effective date 
of this act, become subject to the civil service laws, rules 
and regulations, and the tenure of office of any incumbent 
thereof shall be unlimited, subject, however, to said laws, but 
the person holding said office on said effective date shall 
continue to serve therein provided he passes a qualifying 
examination to which he shall be subjected by the division 
of civil service. 

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

Approved April 22, 1948. 

An Act relative to providing housing for veterans Chap. 245 

of world war II. 

Whereas, One of the principal purposes of this act is to Emergency 
make its provisions effective without delay and this purpose P'^e^mbic 
cannot be achieved except by means of an emergency law, 
therefore this act is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 6 of chapter 372 of the acts of 1946, as amended 
by section 1 of chapter 479 of the acts of 1947, is hereby 



228 Acts, 1948. — Chap. 246. 

further amended by striking out the fifth paragraph, as 
appearing in said chapter 372, and inserting in place thereof 
the following paragraph : — 

A city or town which sells land under the provisions of 
paragraphs (1) and (2) shall include in every deed of such 
land conditions binding upon the purchaser and his repre- 
sentatives and assigns which will require the carrying out 
of the purpose of this act until after the termination of the 
present emergency. A breach of such conditions, however, 
shall not operate as a forfeiture as against any lending in- 
stitution which has, in good faith, loaned money to such 
purchaser, secured by a mortgage or mortgages on such land, 
nor as against any person under circumstances which the 
state board of housing shall determine to constitute a hard- 
ship. Approved April 22, 1948. 

Chap.24i6 An Act authorizing the town of colrain to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 505 of the acts of 1947 
is hereby amended by striking out, in line 6, the words "one 
hundred and twenty-five" and inserting in place thereof the 
words: — one hundred and eighty-five, — so as to read as 
follows: — Section 1. For the purpose of acquiring land and 
constructing and originally equipping and furnishing a school 
building, the town of Colrain may borrow, from time to time, 
within a period of five years from the passage of this act, 
such sums of money as may be necessary, not exceeding, in 
the aggregate, one hundred and eighty-five thousand dol- 
lars, and may issue bonds or notes therefor which shall bear 
on their face the words, Colrain 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 be submitted for acceptance 
to the voters of said town at any town meeting held within 
three years after its passage in the form of the following 
question which shall be placed on the official ballot for the 
election of town officers, if action is to be taken at an annual 
town meeting, or on a printed ballot to be prepared for use 
in connection with the voting list if action is taken at a 
special town meeting: "Shall an act passed by the general 
court in the year nineteen hundred and forty-eight, entitled, 
'An Act authorizing the town of Colrain to borrow money 
for school purposes', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
the act shall thereupon become fully effective, but not other- 
wise. Approved April 22, 1948. 



Acts, 1948. — Chaps. 247, 248, 249. 229 

An Act allowing change of name by the probate court Chap.24:7 
IN certain cases without public notice of the peti- 
tion THEREFOR. 

Be it enacted, etc., as follows: 

The first paragraph of section 13 of chapter 210 of the o. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is f'Ja/fm^'nded. 
hereby amended by inserting after the word "shall" in 
line 1 the words: — , except for good cause shown, — so 
as to read as follows : — The court shall, except for good Probate court 

, u r J • -u r • f"iy decree 

cause shown, before decreeing a change oi name, require change of 
public notice of the petition to be given and any person "^["pubHc 
may be heard thereon, and, upon entry of a decree, the notice of 
name as established thereby shall be the legal name of the p^'^'*^'^"' ^*''- 
petitioner, and the register may issue a certificate, under 
the seal of the court, of the name as so established. 

Approved April 22, 19 48. 



An Act authorizing the holding of additional ses- (Jhnii 248 

SIGNS of the boston JUVENILE COURT. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 59 of chapter 218 of the General ^jl'i^s'^ 
Laws, as appearing in the Tercentenary Edition, is hereby §'.59,' amended. 
amended by adding at the end the following paragraph: — 

The justice of the said court, or in case of his death, illness, Additional 
absence or incapacity, the senior special justice thereof, if Boston^ juleniie 
in his opinion the public business so requires, may provide court. 
for additional sessions of the court. 

Section 2. This act shall take effect on July first in Effective date, 
the current year. Approved April 22, 1948. 



An Act providing for a close season on all birds and Qhny 249 

MAMMALS DURING CERTAIN PERIODS. ^' 

Be it enacted, etc., as follows: 

Chapter 131 of the General Laws, as appearing in section 2 £■• i- (Ter. 
of chapter 599 of the acts of 1941, is hereby amended by in- new'§MA, 
serting after section 53 the following section: — Section 53 A. '^'^^^■ 
The period between September twentieth and October nine- ciose seaaon 
teenth of each year shall be a close season on all birds and mammal ""* 
mammals, and during said period no person shall hunt or during cer- 
take any bird or mammal nor shall he carry on his person *'° '*^" 
any fireann adapted to hunting, including an air rifle, in any 
place where birds or mammals might be found; provided, 
that this section shall not prohibit an owner or occupant of 
land from protecting his property as provided in this chapter, 
nor to prohibit the possession or use of said firearms at a 
recognized rifle range or skeet or trap field, or the trans- 
porting of said firearms to and from such range or field, if 
the firearms are dismantled or in a carrying case while pass- 
ing through brushland, woods or fields. This section shall 



230 



Acts, 1948. — Chap. 250. 



not prohibit tlie hunting of scoter ducks (commonly called 
sea coot) on open coastal waters during and in accordance 
with the prescribed open season, nor the carrying of shotguns 
for same, to and from a boat if taken apart or enclosed in a 
carrying case, nor the hunting of raccoons and opossums dur- 
ing and in accordance with the prescribed open season be- 
tween the hours of one half hour after sunset to one half 
hour before sunrise by the aid or use of dog or dogs; pro- 
vided, that no firearm other than a revolver or pistol not 
larger than thirty-eight calibre is used or possessed. 

Approved April 22, 1948. 



G. L. (Ter. 
Ed.). 57. § 2, 
etc., amended. 



Councillor 
districts. 



Chap. 250 An Act to establish councillor and senatorial 

DISTRICTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 57 of the General Laws is hereby 
amended by striking out section 2, as amended by section 1 
of chapter 507 of the acts of 1939, and inserting in place 
thereof the following section : — Section 2. For the purpose 
of choosing councillors until the next decennial apportion- 
ment, the commonwealth is divided, conformably with the 
constitution, into the following eight councillor districts: — 

First. — Consisting of the Cape and Plymouth, the first, 
second and third Bristol, and the Pl5anouth senatorial dis- 
tricts. 

Second. — Consisting of the first and second Norfolk, the 
Norfolk and Plymouth, the Norfolk and Suffolk, and the 
sixth Suffolk senatorial districts. 

Third. — Consisting of the first and fifth Middlesex, the 
Middlesex and Norfolk, the Middlesex and Suffolk, and the 
third Suffolk senatorial districts. 

Fourth. — Consisting of the first, second, fourth, fifth and 
seventh Suffolk senatorial districts. 

Fifth. — Consisting of the first, second, third, fourth and 
fifth Essex senatorial districts. 

Sixth. — Consisting of the second, third, fourth, sixth 
and seventh Middlesex senatorial districts. 

Seventh. — Consisting of the first, second, third and 
fourth Worcester, and the Worcester and Hampden sena- 
torial districts. 

Eighth. — Consisting of the Berkshire, the Franklin 
and Hampshire, the first and second Hampden, and the 
Hampden, Hampshire and Berkshire senatorial districts. 

Section 2. Said chapter 57 is hereby further amended 
by striking out section 3, as amended by section 2 of said 
chapter 507, and inserting in place thereof the following 
section : — Section 3. For the purpose of choosing senators 
until the next decennial apportionment, the commonwealth 
is divided, conformably with the constitution, into the follow- 
ing senatorial districts: — 

Berkshire. — Consisting of the cities of North Adams and 
Pittsfield, and the towns of Adams, Alford, Becket, Cheshire, 



G. L. (Ter. 
Ed.). 57. § .3. 
etc., amended. 



Senatorial 
districts. 



Acts, 1948. — Chap. 250. 231 

Clark,<?burg, Dalton, Egremont, Florida, Hancock, Hinsdale, 
Lanesborough, Lenox, Mount Washington, New Ashford, 
Peru, Richmond, Savoy, Stockbridge, Washington, West 
Stockbridge, Williamstown and Windsor, all in the county 
of Berkshire. 

First Bristol. — Consisting of the cities of Attleboro and 
Taunton, and the towns of Berkley, Dighton, Easton, 
Mansfield, North Attleborough, Norton, Raynham, Reho- 
both, Seekonk, Somerset and Swansea, all in the county of 
Bristol. 

Second Bristol. — Consistijig of the city of Fall River 
and the towns of Acushnet and Freetown, in the county of 
Bristol. 

Third Bristol. — Consisting of the city of New Bedford 
and the towns of Dartmouth, Fairhaven and Westport, 
all in the county of Bristol. 

Cape and Plymouth. — Consisting of the towns in Barn- 
stable, Dukes and Nantucket counties, and the towns of 
Duxbury, Hanson, Kingston, Marion, Mattapoisett, Pem- 
broke, Plymouth, Rochester, Wareham and Whitman, all 
in the county of Plymouth. 

First Essex. — Consisting of the city of Lynn and the 
towns of Nahant and Swampscott, all in the county of Essex. 

Second Essex. — Consisting of the cities of Beverly and 
Salem, and the towns of Dan vers and Marblehead, all in 
the county of Essex. 

Third Essex. — Consisting of the cities of Gloucester, 
Newburyport and Peabody, and the towns of Essex, Hamil- 
ton, Ipswich, Lynnfield, Manchester, Middleton, Newbury, 
Rockport, Rowley, Saugus, Topsfield and Wenham, all in 
the county of Essex. 

Fourth Essex. — Consisting of the city of Haverhill, and 
the towns of Amesbury, Andover, Boxford, Georgetown, 
Groveland, Merrimac, North Andover, Salisbury and West 
Newbury, all in the county of Essex ; and the town of North 
Reading, in the county of Middlesex. 

Fifth Essex. — Consisting of the city of Lawrence and 
the town of Methuen, both in the county of Essex. 

Franklin and Hampshire. — Consisting of all the towns 
in the county of Franklin; the towns of Amherst, Belcher- 
town, Chesterfield, Cummington, Easthampton, Goshen, 
Granby, Hadley, Hatfield, Middlefield, Pelham, Plainfield, 
South Hadley, Ware, Williamsburg and Worthington, all 
in the county of Hampshire; and the town of Ludlow, in 
the county of Hampden. 

First Hampden. — Consisting of wards numbered two, 
four, five, six, seven and eight of the city of Springfield, 
and the town of Longmeadow, all in the county of Hampden. 

Second Hampden. — Consisting of the cities of Chicopee 
and Holyoke, and ward numbered one of the city of Spring- 
field, all in the county of Hampden. 

Hampden, Hampshire and Berkshire. — Consisting of the 
city of Westfield, ward numbered three of the city of Spring- 



232 Acts, 1948. — Chap. 250. 

field, and the towns of Agawam, Blandford, Chester, Gran- 
ville, Montgomery, Russell, Southwick, Tolland and West 
Springfield, all in the county of Hampden; the city of 
Northampton and the towns of Huntington, Southampton 
and Westhampton, all in the county of Hampshire; and 
the towns of Great Barrington, Lee, Monterey, New Marl- 
borough, Otis, Sandisfield, Sheffield and Tyringham, all 
in the county of Berkshire. 

First Middlesex. — Consisting of wards numbered two, 
three, four, five, six, seven and eight of the city of Lowell, 
and the towns of Ashby, Ayer, Carlisle, Chelmsford, Dracut, 
Dunstable, Grotonj Pepperell, Shirley, Townsend, Tyngs- 
borough and Westford, all in the county of Middlesex; and 
the towns of Ashburnham, Harvard, Lancaster and Lunen- 
burg, all in the county of Worcester. 

Second Middlesex. — Consisting of wards numbered four, 
six, seven, eight, nine, ten and eleven of the city of Cam- 
bridge; wards numbered six and seven of the city of Somer- 
ville ; and the town of Belmont, all in the county of Middlesex. 

Third Middlesex. — Consisting of ward numbered three of 
the city of Cambridge; ward numbered two of the city of 
Maiden; wards numbered one, five and seven of the city of 
Medford; and wards numbered one, two, three, four and 
five of the city of Somerville, all in the county of Middle- 
sex. 

Fourth Middlesex. — Consisting of wards numbered two, 
three, four and six of the city of Everett; wards numbered 
one, three, four, five, six and seven of the city of Maiden; 
and the city of Melrose, all in the county of Middlesex. 

Fifth Middlesex. — Consisting of the city of Waltham 
and the towns of Acton, Boxborough, Concord, Hudson, 
Lincoln, Littleton, Maynard, Stow, Sudbury and Water- 
town, all in the county of Middlesex. 

Sixth Middlesex. — Consisting of wards numbered two, 
three, four and six of the city of Medford; the city of 
Woburn; and the towns of Arlington and Winchester, all 
in the county of Middlesex. 

Seventh Middlesex. — Consisting of wards numbered 
one, nine, ten and eleven of the city of Lowell, and the 
towns of Bedford, Billerica, Burlington, Lexington, Reading, 
Stoneham, Tewksbury, Wakefield and Wihnington, all 
in the county of Middlesex. 

Middlesex and Norfolk. — Consisting of the city of Marl- 
borough, and the towns of Ashland, Framingham, Holliston, 
Hopkinton, Natick, Sherborn, Wayland and Weston, all 
in the county of Middlesex; the towns of Bellingham, Dover, 
Franklin, Medfield, Medway, Millis, Norfolk, Pkinville 
and Wrentham, all in the county of Norfolk; and the towns 
of Blackstone and Millville, both in the county of Worcester. 

Middlesex and Suffolk. — Consisting of ward numbered 
five of the city of Cambridge and the city of Newton, both 
in the county of Middlesex; and ward numbered twenty- 
two of the city of Boston, in the county of Suffolk. 



Acts, 1948. — Chap. 250. 233 

First Norfolk. — Consisting of the city of Quiiicy and 
the town of Braintree, both in the county of Norfolk. 

Second Norfolk. — Consisting of the towns of Canton, 
Dedham, Milton, Needham, Norwood, Walpole, Wellesley 
and Westwood, all in the county of Norfolk. 

Norfolk and Plymouth. — Consisting of the towns of 
Avon, Cohasset, Foxborough, Holbrook, Randolph, Sharon, 
Stoughton and Weymouth, all in the county of Norfolk; 
and the towns of Abington, Hanover, Hingham, Hull, 
Marshfield, Norwell, Rockland and Scituate, all in the 
county of Plymouth. 

Norfolk and Suffolk. — Consisting of the town of Brook- 
line, in the county of Norfolk; and ward numbered twenty 
of the city of Boston, in the county of Suffolk. 

Plymouth. — Consisting of the city of Brockton and the 
towns of Bridgewater, Carver, East Bridgewater, Halifax, 
Lakeville, Middleborough, Plympton and West Bridgewater, 
all in the county of Plymouth. 

First Suffolk. — Consisting of the cities of Chelsea and 
Revere and the town of Winthrop, all in the county of 
Suffolk; and wards numbered one and five of the city of 
Everett, in the county of Middlesex. 

Second Suffolk. — Consisting of wards numbered one, 
two and three of th6 city of Boston, in the county of Suffolk; 
and wards numbered one and two of the city of Cambridge, 
in the county of Middlesex. 

Third Suffolk, — Consisting of wards numbered four, 
five and twenty-one of the city of Boston, in the county of 
Suffolk. 

Fourth Suffolk. — Consisting of wards numbered six, 
seven, eight and thirteen of the city of Boston, in the county 
of Suffolk. 

Fifth Suffolk. — Consisting of wards numbered nine, ten, 
eleven and nineteen of the city of Boston, in the county of 
Suffolk. 

Sixth Suffolk. — Consisting of wards numbered twelve, 
fourteen and eighteen of the city of Boston, in the county 
of Suffolk. 

Seventh Suffolk. — Consisting of wards numbered fifteen, 
sixteen and seventeen of the city of Boston, in the county of 
Suffolk. 

First Worcester. — Consisting of wards numbered four, five, 
six, seven and eight of the city of Worcester, and the towns 
of Leicester and Millbury, all in the county of Worcester. 

Second Worcester. — Consisting of wards numbered one, 
two, three, nine and ten of the city of Worcester, and the 
towns of Holden and West Boylston, all in the county of 
Worcester. 

Third Worcester. — Consisting of the cities of Fitchburg, 
Gardner and Leominster, and the towns of Clinton, Sterling 
and Westminster, all in the county of Worcester. 

Fourth Worcester. — Consisting of the towns of Auburn, 
Berlin, Bolton, Boylston, Douglas, Dudley, Grafton, Hope- 



234 Acts, 1948. — Chaps. 251, 252. 

dale, Mendon, Milford, Northboroiigh, Northbridge, Oxford, 
Shrewsbury, Southborough, Sutton, Upton, Uxbridge, Web- 
ster and Westborough, all in the county of Worcester. 

Worcester and Hampden. — Consisting of the towns of 
Athol, Barre, Brookfield, Charlton, East Brookfield, Hard- 
wick, Hubbardston, New Braintree, North Brookfield, 
Oakham, Paxton, Petersham, Phillipston, Princeton, Royal- 
ston, Rutland, Southbridge, Spencer, Sturbridge, Templeton, 
Warren, West Brookfield and Winchendon, all in the county 
of Worcester; and the towns of Brimfield, East Long- 
meadow, Hampden, Holland, Monson, Palmer, Wales and 
Wilbraham, all in the county of Hampden. 

Mandamus. SECTION 3. The Supreme judicial court shall have juris- 

diction of any petition for a writ of mandamus relative to 
the establishment of councillor and senatorial districts under 
section two of this act. Every such petition shall be filed in 
court within thirty days after the effective date of this act. 

dftl!''^** Section 4. This act shall take effect on the twenty- 

eighth day of April in the current year. 

Approved April 22, 1948. 

Chap. 251 An Act requiring the city of everett to pay certain 

SUMS OF MONEY TO CERTAIN PERMANENT MEMBERS OF ITS 
POLICE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1 of chapter 533 of the acts of 1947 is hereby 
amended by inserting after the word "system" in line 11 the 
words : — , together with accumulated interest thereon, — 
so that the first sentence will read as follows : — The retire- 
ment board of the city of Everett is hereby authorized and 
directed to repay to Frank J. Digby, Charles E. Grace, 
Hubert E. Gregoire, William K. Jancsy, Bernard P. Kane, 
Henry F. Fitzgerald, Elwin T. Kelliher, John W. LeCornec, 
Francis L. Mitchell, John H. MacDonald, William J. 
McLaughlin, Michael J. O'Donnell, Charles H. O'Neil and 
Thomas J. O'Neil, Jr., all permanent police officers of said 
city, all deductions withheld from their wages as such 
police officers on account of the membership of each of the 
aforesaid police officers in the contributory retirement system, 
together with accumulated interest thereon, and the names 
of said police officers shall be stricken from the rolls of the 
retirement board of said city as members of said retirement 
system. Approved April 22, 1948. 

Chav.252 An Act providing for the reinstatement of henry w. 

REED IN THE EMPLOY OF THE TOWN OF MARBLEHEAD AND 
IN THE RETIREMENT SYSTEM OF SAID TOWN. 

Be it enacted, etc., as follows: 

Any provisions of chapter thirty-two of the General Laws 
to the contrary notwithstanding, Henry W. Reed, who was 



Acts, 1948. — Chaps.|253, 254. 235 

retired in October, nineteen hundred and forty-six, may be 
reinstated in the position of hneman in the employ of the 
electric light department of the town of Marblehead. Upon 
such reinstatement, he shall again become a member of the 
retirement system of said town, with all the rights and ob- 
ligations entailed by such membership as if he had not been 
retired; provided, that he shall receive no creditable service 
from the date of his retirement to the date of his reinstate- 
ment, and upon his subsequent retirement the provisions of 
paragraph (2) (6) of section eight of chapter thirty-two of 
the General Laws, relative to restoration to service of mem- 
bers retired for disability shall apply whether or not such 
subsequent retirement is for disability. 

Approved April 22, 1948. 

An Act authorizing the town of framingham to pay Qfiajy 253 

A CERTAIN SUM OF MONEY TO WILLIAM J. HAGGERTY AND 
MARY N. HAGGERTY. 

Be it enacted, etc., as follows: 

The town of Framingham is hereby authorized to appro- 
priate the sum of seven hundred dollars and seventy-two 
cents and pay to William J. Haggerty and Mary N. Haggerty, 
of said Framingham, in full settlement of their claims against 
the town for reimbursement on account of money expended 
by them in connection with the construction of water and 
sewerage works in Neville road in said town; provided, 
that no payment shall be made hereunder unless and until 
said parties shall have released to said town, by proper 
instrument or instruments, all right, title and interest they 
may have in said works. Approved April 22, 1948. 

An Act relative to state printing and bills therefor. (Jfidj) 254 

Be it enacted, etc., as follows: 

Section 15 of chapter 7 of the General Laws, as appearing a. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking amended. ^^' 
out, in line 1 and in line 6, the word "comptroller" and 
inserting in place thereof, in each instance, the words: — 
state purchasing agent, — so as to read as follows : — 
Section 15. The state purchasing agent shall cause all the state printing 
printing under the state printing contract to be examined fhere'for! 
and measured, and no bill for printing shall be allowed 
unless it is in strict conformity with such contract. He 
may employ an expert in printing to examine the bills for 
printing under such contract and perform such other clerical 
assistance as the state purchasing agent may require. 

Approved April 22, 19^8. 



236 Acts, 1948. — Chaps. 255, 256, 257, 258. 



Chap.2d5 An Act repealing certain provisions of law relative 

TO traveling expenses of state officers. 

Be it enacted, etc., as follows: 

Ed \ 30 1' 26, Section 26 of chapter 30 of the General Laws, as appear- 
repeaied'. ' ing in the Tercentenary Edition, is hereby repealed. 

Approved April 22, 1948. 

Chap.25Q An Act providing for the refusal or revocation of 
licenses to theatrical booking agents, personal 
agents and managers. 

Be it enacted, etc., as follows: 

Ed!)'.uo^' Section 180A of chapter 140 of the General Laws, as 

Im^ded**"' amended by section 1 of chapter 566 of the acts of 1946, is 
hereby amended by adding at the end the following para- 
graph:— 
be'^r^ok^d^ A license may be revoked or refused at any time by the 

after notice. commissioner for good cause shown; provided, that due 
notice to any applicant or licensee shall have been given to 
appear before the commissioner to show cause why the 
license should not be revoked or refused. 

Approved April 22, 1948. 

Chap.257 An Act authorizing the town of webster to pay a 
certain sum of money to alphege e. plasse of said 

WEBSTER. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of general 
law or any by-law of the town of Webster, said town may 
appropriate and pay to Alphege E. Plasse of said town, an 
amount not exceeding seven hundred and forty dollars 
and one cent for work done in repairing and reconstructing 
North Village bridge, so called, in said town. 

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

Approved April 27, 1948. 

(7/iap,258 An Act providing for the establishment of a right of 
way for public access to little alum pond in the 
town of brimfield, and of an area for the parking 
OF vehicles contiguous to said right of way. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden 
county are hereby authorized and directed to lay out in 
the town of Brimfield a right of way for public access to 
Little Alum pond in said town and an area for parking 
facilities contiguous to said right of way, in accordance with 
plans to be approved by the department of public works 
and showing the location and dimensions of such right of 



Acts, 1948. — Chap. 259. 237 

way and parking area. If it is necessary to acquire land for 
the purpose of laying out such right of way or parking area, 
said county commissioners shall at the time such right of 
way or parking area 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 parking area, or by specific repairs 
or improvements thereon, shall be entitled to recover the 
same under said chapter seventy-nine; provided, that the 
right to recover damages, if any, by reason of the lajdng 
out of such right of way or parking area, shall vest upon 
the recording of the order of taking by said county com- 
missioners, and that no entry or possession for the purpose 
of constructing a public way or parking area 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 Brimfield may, 
from time to time, make specific repairs on or improve such 
right of way or parking area to such extent as they may 
deem necessary, but neither the county of Hampden, nor 
any city or town therein, shall be required to keep such 
right of way or parking area 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 or parking 
area shall be borne by the county of Hampden, or by such 
cities and towns therein, and in such proportions, as said 
county commissioners may determine. 

Section 4. Said right of way or parking area 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. 

Approved April 27, 1948. 



An Act providing for the establishment of a right of 
way for public access to lead mine pond in the 
town of sturbridge, and providing for a right of 
way for public access to alum pond in the town of 
sturbridge and an area for the parking of vehicles 
contiguous to said right of way. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Worcester 
county are hereby authorized and directed to lay out in 
the town of Sturbridge a right of way for public access to 
Lead Mine pond, and to lay out a right of way for public 
access to Alum pond in said town and an area for parking 



Chap.259 



238 Acts, 1948. — Chap. 260. 

facilities contiguous to said right of way, in accordance with 
plans to be approved by the department of public works 
and showing the location and dimensions of each such right 
of way and of said parking area. If it is necessary to acquire 
land for the purpose of laying out either right of way or 
said parking area, said county commissioners shall at the 
time either right of way or said parking area 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 either right of way or 
said parking area, or by specific repairs or improvements 
thereon, shall be entitled to recover the same under said 
chapter seventy-nine; provided, that the right to recover 
damages, if any, by reason of the laying out of either right 
of way or said parking area, shall vest upon the recording 
of the order of taking by said county commissioners, and 
that no entry or possession for the purpose of constructing 
a public way or parking area on land so taken shall be re- 
quired for the purpose of validating such taking or for the 
payment of damages by reason thereof. 

Section 2. The selectmen of the town of Sturbridge 
from time to time may make specific repairs on or improve 
either right of way or said parking area to such extent as 
they may deem necessary, but neither the county of Worces- 
ter, nor any city or town therein, shall be required to keep 
either right of way or said parking area 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 ways enter upon or unite with an 
existing public way. 

Section 3. All expenses incurred by said county com- 
missioners in connection with either right of way or said 
parking area shall be borne by the county of Worcester, or 
by such cities and towns therein, and in such proportions, 
as said county commissioners may determine. 

Section 4. Either right of way or said parking area 
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. 

Approved April 27, 1948. 

Chap. 2Q0 An Act establishing the state housing board and 
transferring to it the powers, duties and obligations 
OF the state board of housing. 

prTambiT^ TF/icreas, The deferred operation of this act would tend to 

defeat its purpose, which is to provide without delay for the 
establishment of the state housing board to serve under the 
governor and council and to transfer to it certain powers and 
duties now exercised and imposed upon the state board of 
housing and to transfer to its chairman other powers and 



Acts, 1948. — Chap. 260. 239 

duties now exercised and imposed upon the state board of 
housing, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
health, safety and convenience. 

Be it enacted, etc., as follows: 

Section 1 . Sections seventeen and eighteen of chapter q. l. (Ter. 
eighteen of the General Laws are hereby repealed. ss^iVind is 

Section 2. Section 17 of chapter 6 of the General Laws, repealed. 
as most recently amended by section 1 of chapter 513 of the EdV'e^ri? 
acts of 1947, is hereby further amended by inserting after etc', 'amended. 
the word "board ", in line 8, the words: — , the state housing 
board, — so as to read as follows: — Section 17. The armory Certain officers 
commission, the art commission, the commission on adminis- missbnTto 
tration and finance, the commissioner of veterans' services, serve under 
the commissioners on uniform state laws, the public bequest and council. 
commission, the state ballot law commission, the board of 
trustees of the Soldiers' Home in Massachusetts, the milk 
regulation board, the alcoholic beverages control commission, 
the state planning board, the state housing board, the trus- 
tees of the state librarj^ the state racing commission, the 
Greylock reservation commission, the Port of Boston Au- 
thority, the Massachusetts public building commission, the 
Massachusetts fair employment practice commission, the 
outdoor advertising authority, the commission on alcoholism 
and the Massachusetts aeronautics commission shall serve 
under the governor and council, and shall be subject to such 
supervision as the governor and council deem necessary and 
proper. 

Section 3. Said chapter 6 of the General Laws is hereby g. l. (Tcf, 
further amended by adding after section 63, inserted by sec- n^w'§%, 
tion 2 of said chapter 513, under the heading state housing added. 
board, the following section: — Section 6^. There shall be state housing 
a state housing board, in this section called the board, con- m^^mbers. 
sisting of five members appointed by the governor, with the officers, 
advice and consent of the council, one of whom shall be p"**^*"^* 
designated by the governor as chairman. Upon the expira- 
tion of the term of office of a member, his successor shall be 
appointed in the manner aforesaid to serve for a term of five 
years. Any vacancy shall be filled in the manner aforesaid 
for the remainder of the unexpired term. Any vacancy 
therein shall not impair its powers nor affect its duties. The 
chairman shall receive, subject to appropriation, such annual 
salary as the governor and council shall approve and shall 
devote his whole time to the duties of his office. The re- 
maining four members shall each receive, subject to appro- 
priation, such annual salary as the governor and council 
shall approve. Except where the powers and duties of the 
board are exercised and performed by the chairman, as 
hereinafter provided, the majority of the members of the 
board shall constitute a quorum for the transaction of its 
business. It shall have a seal which shall be judicially 
noticed, and shall make an annual report to the general court 



240 



Acts, 1948. —Chap. 260. 



G. L. (Ter. 
Ed.), 121, 
§ 26J, etc., 
amended. 



" Housing 

board" 

defined. 

State board 
of housing 
abolished. 



and such additional reports to the general court and the 
governor as it or he shall deem necessary or advisable. All 
other powers and duties of the board shall be exercised and 
performed by the chairman as hereinafter provided. The 
board shall serve as advisory council to the chairman, to 
the extent and in the manner which may from time to time 
be prescribed by the governor and council, in the exercise 
and performance by the chairman of the powers and duties 
of the board. The principal office of the board shall be in 
the city of Boston but it may sit at any place within the 
commonwealth. The time and place of its meetings shall 
be prescribed by the chairman. Adequate offices in the 
state house or elsewhere in said city shall be provided for 
the board, and the proper county commissioners shall pro- 
vide it with suitable rooms in courthouses or other buildings 
when necessary for hearings outside said city. 

The chairman may, within the limits of the amount 
appropriated therefor, appoint such experts, counsel, clerks 
and assistants as the work of the board may require and 
may remove them, and may make such expenditures as 
may be necessary in order to execute effectively the func- 
tions of the board. The members and employees of the 
board shall receive their necessary traveling expenses and, 
except as otherwise provided by law, their expenses actu- 
ally incurred for subsistence while traveling outside the city 
of Boston in the performance of their duties. The neces- 
sary administrative and other expenses of the board shall 
be paid from such appropriations as may be made for 
the purpose. All moneys received by the board as fees or 
otherwise shall be paid at least monthly to the state treas- 
urer. 

Section 4. Section 26 J of chapter 121 of the General 
Laws, as most recently amended by section 2 of chapter 
200 of the acts of 1948, is hereby further amended by strik- 
ing out the paragraph defining "Housing board" or "board" 
and inserting in place thereof the following : — 

-"Housing board" or "board", the state housing board 
established under section sixty-four of chapter six. 

Section 5. The state board of housing existing under 
section seventeen of chapter eighteen of the General Laws, 
and amendments thereof and additions thereto, including 
all the offices in said board, is hereby abolished. The state 
housing board, established by this act, acting by a majority 
of its members, shall exercise and perform all of the rights, 
powers, duties and obligations of the state board of housing 
under the provisions of chapter three hundred and seventy- 
two of the acts of nineteen hundred and forty-six, and 
amendments thereof The chairman of the state housing 
board shall exercise and perform all other rights, powers, 
duties and obligations of the state board of housing, except 
the making of an annual report to the general court and 
such additional reports to the general court and the gover- 
nor as it or he shall deem necessary or advisable. The state 



I 



Acts, 1948. —Chap. 261. 241 

housing board shall be the lawful successor of the state 
board of housing, including the offices therein. 

Section 6. The members of the state board of housing Employees of 
on the efTective date of this act shall constitute the mem- trfusFel^id 
bership of the state housing board established by this act bofrT^"* 
and shall serve for the remainder of their respective unex- 
pired terms as members of the state board of housing. The 
chairman of the state board of housing on the effective date 
of this act shall serve as chairman of the state housing board 
until the designation by the governor of any other member 
of the state housing board as chairman. All employees of 
the state board of housing on the effective date of this act, 
shall be transferred to and shall serve under the state hous- 
ing board established by this act, without impairment of 
any of their rights or of their civil service status, if any. 
They shall perform such duties for the state housing board 
for which they are quahfied as the chairman of the state 
housing board may prescribe. All unexpended balances of 
mone3^s heretofore appropriated for said state board of hous- 
ing shall be immediately available for expenditure by said 
state housing board. Approved April 28, 1948. 

An Act providing for an administrative survey by the Qhnv) Ofil 

FINANCE COMMISSION OF THE CITY OF BOSTON, AND PRO- 
VIDING FOR A SPECIAL APPROPRIATION THEREFOR. 

Be it enacted, etc., as follows: 

Section 1 . Under the authority granted to it by chapter 
four hundred and eighty-six of the acts of nineteen hundred 
and nine, the finance commission of the city of Boston is 
hereby directed forthwith to make an administrative survey, 
analysis and appraisal of the organization, policies, proce- 
dures, practices, staff requirements, expenditures and ex- 
penditure requirements of the government of the city of 
Boston and of each department, bureau, office, service, com- 
mission, committee, board and other agency whose expendi- 
tures are paid in whole or in part by the treasurer of the city 
of Boston, for the constructive purpose of revealing all pos- 
sible opportunities for increasing the effectiveness and re- 
ducing the cost of such services as are paid for in whole or in 
part by said treasurer. The finance commission shall make 
a final report of its findings and recommendations to the 
mayor of said city, the governor and the general court not 
later than the first day of February in the year nineteen 
hundred and fifty. 

The expense of said investigation and report shall be paid 
by the city of Boston upon requisition by the commission, 
not exceeding in the aggregate the sum of one hundred and 
fifty thousand dollars, in addition to the annual appropria- 
tion required by section twenty of said chapter four hundred 
and eighty-six, as amended. 

There shall be appropriated by the city in each year until 
the investigation and report are completed sums sufficient to 



242 Acts, 1948. — Chaps. 262, 263. 

cover the commission's estimates of its needs for said year; 
provided, however, that the total amount to be expended for 
the purposes of this act shall not exceed one hundred and 
fifty thousand dollars. 

The commission shall have the right to incur expenses in 
anticipation of its appropriation and payments therefor shall 
be made from the treasury of said city from any funds therein 
and charged against the appropriation when made, and for 
the purposes provided by this act shall employ such experts, 
counsel, and other assistants as the commission deems neces- 
sary and advisable. 

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

Approved April 30, 1948. 



Chap. 2Q2 An Act relative to the appointment and status of 

JAMES H. MAHONEY AS A MEMBER OF THE FIRE DEPARTMENT 
OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. James H. Mahoney, who was a provisional 
member of the fire department of the city of Boston from 
November third, nineteen hundred and forty-three to Jan- 
uary twenty-first, nineteen hundred and forty-eight, and who 
was injured in the performance of duty, shall be deemed to 
be permanently appointed as a fireman in said fire depart- 
ment without further examination and without being required 
to serve any probationary period; provided, that he submits 
proof, satisfactory to the director of civil service, that such 
injury does not incapacitate him for the performance of the 
duties of fireman in said fire department. 

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

Approved May S, 1948. 



Chap.2QS An Act relative to the status of certain employees 

OF THE DIVISION OF EMPLOYMENT SECURITY. 

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

defeat its purpose, which is in part to make possible forth- 
with examinations for positions under the civil service laws, 
therefore it is hereby declared to be an emergency law neces- 
sary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Any employee of the division of employment security who 
has been holding office or employinent for at least one year 
in any position equal to or higher in rank than that of junior 
clerk, as determined by the director of civil service, is hereby 
made eligible for the next competitive promotional examina- 
tion to be held for principal interviewer in said division. 

Approved May 3, 1948. 



Acts, 1948. — Chap. 264. 243 



An Act ratifying a proposed amendment to the Atlantic Chav. 2Q4 

STATES MARINE FISHERIES COMPACT. 

Whereas, It is desirable that the Atlantic States Marine Emergency 
Fisheries Compact, ratified on the part of the commonwealth ^^^^"^ 
by chapter four hundred and eighty-nine of the acts of nine- 
teen hundred and forty-one, should be amended as soon as 
possible so as to provide for joint or common action by any 
two or more states that have ratified said compact to es- 
tablish joint agencies to regulate fisheries in which such 
states have common interests; therefore this act is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the public health and convenience. 

Be it enacted, etc., as follows: 

The general court hereby approves and ratifies the fol- 
lowing amendment to the Atlantic States Marine Fisheries 
Compact, now ratified by the commonwealth and the states 
of Maine, New Hampshire, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, South Carolina, Georgia and Florida, for the pur- 
pose of permitting the states that ratify said amendment to 
establish joint regulation of specific fisheries common to those 
states or any of them, through the Atlantic States Marine 
Fisheries Commission and their representatives thereon. 
Notice of intention to withdraw such approval and ratifica- 
tion of said amendment, in case such withdrawal shall be 
desired at any time hereafter, shall be executed and trans- 
mitted by the governor whenever authorized thereto by 
the general court, shall be in accordance with the provisions 
of Article XII of said compact, and shall be effective as to 
this commonwealth in relation to such states as shall have 
ratified said amendment before notice of intention to with- 
draw by this commonwealth has been given as above pro- 
vided. 

Amendment, Atlantic States Marine Fisheries Compact. 

Article I. 

The states approving and ratifying this amendment agree 
that any two or more of them may designate the Atlantic 
States Marine Fisheries Commission as a joint regulatory 
agency with such powers as they may jointly confer upon 
it from time to time for the regulation of the fishing opera- 
tions of the citizens and vessels of such designating states 
with respect to specific fisheries in which such states have a 
common interest. The representatives of such states on 
the Atlantic States Marine Fisheries Commission shall con- 
stitute a separate section of such commission for the exercise 
of the additional powers so granted; provided, that the 
states so acting shall appropriate additional funds for this 
purpose. The creation of such section as a joint regulatory 
agency shall not deprive the states participating therein of 



244 Acts, 1948. — Chap. 265. 

any of their privileges or powers or responsibilities in the 
Atlantic States Marine Fisheries Commission under the 
general compact. Approved May 3, 1948. 

Chap. 265 An Act authorizing the city of taunton to incur in- 
debtedness FOR THE CONSTRUCTION OF SEWAGE TREAT- 
MENT WORKS. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing intercepting 
sewers, a pumping station, a force main, and sewage treat- 
ment works, the city of Taunton may, from time to time, 
within two years after the passage of this act, borrow such 
sums as may be necessary, not exceeding in the aggregate one 
million dollars, and may issue bonds or notes therefor which 
shall bear on the face thereof the words, Taunton Sewage 
Treatment Loan, Acts of 1948. Each authorized issue shall 
constitute a separate loan and such loans shall be payable 
in not more than thirty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statutory 
limit and, except as provided herein, shall be subject to the 
provisions of chapter forty-four of the General Laws includ- 
ing the first paragraph of section seven thereof. 

Section 2. The sewer commissioners of said city shall 
determine what proportion of the cost of the sewerage works 
provided for in section one of this act the city shall pay. 
In providing for the payment of any portion of the cost 
thereof by abutters to the sewerage system discharging to 
said sewage treatment works including public and private 
institutions the city may avail itself of any or all of the 
methods permitted by General Laws, including annual 
charges as provided for in section sixteen of chapter eighty- 
three thereof, which may be applied to the payment of the 
cost of maintenance and repairs of the sewerage works, and 
to defray such portion of the cost of the construction of the 
said works as may be determined by said sewer commissioners, 
and such charges and assessments shall be paid by every 
person or institution who enters or has entered his or its 
particular sewer into the sewerage system of the city. The 
provisions of General Laws relative to the assessment, 
apportionment, division, reassessment, abatement and col- 
lection of sewer assessments, to liens therefor and to interest 
thereon shall apply to assessments and charges made under 
this act. The sewer commissioners, after a determination 
has been made of the proportion of the cost of the sewerage 
works the city shall pay, shall by vote determine by which 
of such methods the remaining portion of said cost shall 
be provided for. The collector of taxes of said city shall 
certify the payments of such assessments or apportionments 
thereof to the sewer commissioners, who shall preserve a 
record thereof. 

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

Approved May 3, 1948. 



Acts, 1948. — Chaps. 266, 267. 245 

An Act to authorize the town of webster to incur Qfidj) 266 
indebtedness for the construction of sewage treat- 
ment works. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing intercepting 
sewers, a pumping station, a force main and sewage treat- 
ment works, the town of Webster may, from time to time, 
within five years after the passage of this act, borrow such 
sums as may be necessary, not exceeding in the aggre- 
gate eight hundred and fifty thousand dollars, and may issue 
bonds or notes therefor which shall bear on the face thereof 
the words, Webster Sewage Treatment Loan, Acts of 1948. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than thirty years 
from their dates. Indebtedness incurred under this act shall 
be in excess of the statutory limit, and shall be subject to the 
provisions of chapter forty-four of the General Laws, in- 
cluding the first paragraph of section seven thereof. 

Section 2. The town shall, by vote, determine what pro- 
portion of the cost of the sewerage works provided for in 
section one the town shall pay. In providing for the pay- 
ment of any portion of the cost thereof by the abutters con- 
tributing sewage, the town may avail itself of any or all of 
the methods permitted by General Laws, including section 
sixteen of chapter eighty-three of the General Laws provid- 
ing for the establishment of just and equitable annual 
charges for the use of the common sewers. Such charges 
shall be paid by every person who enters or has entered his 
particular sewer into the sewerage system of the town. 
The provisions of the said General Laws relative to the 
assessment, apportionment, division, reassessment, abate- 
ment and collection of sewer assessments, to liens therefor 
and to interest thereon shall apply to assessments made 
under this act. At the same meeting at which the town 
determines the proportion of the cost which is to be borne 
by the town, or at a subsequent meeting, it shall by vote 
determine by which of such methods the remaining portion 
of said cost shall be provided for. The collector of taxes 
of said town shall certify the payments of such assessments 
or apportionments thereof to the sewer commissioners, who 
shall preserve a record thereof. 

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

Approved May 8, 1948. 

An Act authorizing the city of Northampton to incur Chaj).267 
indebtedness for the construction of sewage treat- 

MENT works. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing a pumping 
station, a force main, and sewage treatment works the city 
of Northampton may, from time to time, within two years 



246 Acts, 1948. — Chap. 268. 

after the passage of this act, borrow such sums as may be 
necessary, not exceeding in the aggregate four hundred thou- 
sand dollars, and may issue bonds or notes therefor which 
shall bear on the face thereof the words, Northampton Sew- 
age Treatment Loan, Acts of 1948. Each authorized issue 
shall constitute a separate loan and such loans shall be pay- 
able in not more than thirty years from their dates. Indebt- 
edness incurred under this act shall be in excess of the statu- 
tory limit and, except as provided herein, shall be subject 
to the provisions of chapter forty-four of the Genei-al Laws, 
including the first paragraph of section seven thereof. 

Section 2. The said city shall, by concurrent vote of the 
board of aldermen and the common council, determine what 
proportion of the cost of the sewerage works provided for in 
section one of this act the city shall pay. In providing for 
the payment of any portion of the cost thereof by abutters, 
including public and private institutions, contributing sew- 
age, the city may avail itself of any or all of the methods 
permitted by General Laws, including section sixteen of 
chapter eighty-three of the General Laws providing for the 
establishment of just and equitable annual charges for the 
use of the common sewers. Such charges shall be paid by 
every person, including public and private institutions, who 
enters or has entered his or its particular sewer into the 
sewerage system of the city. The provisions of the said 
General Laws relative to the assessment, apportionment, 
division, reassessment, abatement and collection of sewer 
assessments, to liens therefor and to interest thereon shall 
apply to assessments made under this act. At the same 
meeting at which the city determines the proportion of the 
cost which is to be borne by the city, or at a subsequent 
meeting, it shall by vote determine by which of such methods 
the remaining portion of said cost shall be provided for. The 
collector of taxes of said city shall certify the payments of 
such assessments or apportionments thereof to the sewer 
commissioners, who shall preserve a record thereof. 

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

Approved May 3, 1948. 

Chap.2QS An Act relative to the status of Joseph w. murphy 

AS A MEMBER OF THE FIRE DEPARTMENT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Joseph W. Murphy, a provisional member of 
the fire department of the city of Boston from January 
twenty-sixth, nineteen hundred and forty-four to January 
twenty-first, nineteen hundred and forty-eight, who was in- 
jured in the performance of duty, shall be granted a mental 
examination by the division of civil service for the position 
of fireman, and upon passing such examination shall be 
deemed to be permanently appointed to the position of fire- 
man in said fire department without being further required 



Acts, 1948. — Chaps. 269, 270, 271. 247 

to serve any probationary period ; provided, that he submits 
proof, satisfactory to the director of civil service, that such 
injury does not incapacitate him for the performance of the 
duties of fireman in said fire department. 
Section 2. This act shall take effect upon its passage. 

Approved May 3, 1948. 



Chap.2m 



An Act relative to the status of frank e. utley as a 
member of the fire department of the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Frank E. Utley, who was provisionally em- 
ployed from November third, nineteen hundred and forty- 
three to January twenty-first, nineteen hundred and forty- 
eight, as a member of the fire department of the city of 
Boston, and who was injured in the performance of duty, 
shall be deemed to be permanently appointed as fireman in 
said fire department without further examination and with- 
out being required to serve any probationary period; pro- 
vided, that he submits proof, satisfactory to the director of 
civil service, that such injury does not incapacitate him for 
the performance of the duties of fireman in said fire de- 
partment. 

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

Approved May 3, 1948. 

An Act prohibiting the practice of dentistry by cor- nhri^ 970 

PORATIONS. ^' 

Be it enacted, etc., as follows: 

Chapter 112 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 49, as appearing in the Tercentenary amendJl' ^ ^^' 
Edition, and inserting in place thereof the following: — Sec- Corporations 
tion 49. No corporation hereinafter formed or organized ""dVnuToffiJe* 
shall conduct a dental office and no person shall conduct 
a dental office under any name other than that of the 
dentist actually owning the practice. 

Approved May 3, 1948. 

An Act authorizing certain employees of the town of Qliav 271 

WINCHESTER TO BECOME MEMBERS OF THE RETIREMENT 
SYSTEM OF SAID TOWN. 

Be it enacted, etc., as follows: 

Any provisions of chapter thirty-two of the General Laws 
to the contrary notwithstanding, Mary Manzie and Bridget 
Maguire, employees of the town of Winchester in the school 
department cafeteria, who have rendered service for ap- 
proximately twenty-four and eleven years, respectively, in 
said cafeteria, which has been operated for the benefit of 
the pupils of the schools of said town as a quasi-public enter- 
prise, may become members of the retirement system of 



248 Acts, 1948. — Chap. 272. 

said town, and, upon becoming members, shall receive credit 
for service prior to July first, nineteen hundred and thirty- 
nine, at such time as they have respectively paid into the 
annuity savings fund in one sum, or in instalments, upon 
such terms and conditions as the retirement board of said 
town may prescribe, make-up payments of an amount equal 
to that which would have been withheld as regular deductions 
from their regular compensation had they joined the system 
on July first, nineteen hundred and thirty-nine, together 
with regular interest. Upon the completion of such make-up 
payments, said members shall be entitled to all creditable 
service to which they, respectively, would have been entitled 
had they joined the system when it became operative. In 
the event any retirement allowance becomes effective for 
either of them before the completion of such make-up pay- 
ments, such member shall, in addition to credit for her actual 
membership service, be entitled to credit for that proportion 
of her service rendered prior to the date of her becoming a 
member which the total amount of her make-up payments 
actually made, together with regular interest thereon to the 
date her retirement allowance becomes effective, bears to 
the total amount of what her make-up payments, together 
with the regular interest thereon to such latter date, would 
have been, had she made payment thereof in one sum on such 
latter date. Approved May 3, 1948. 



Chap. 272 An Act relative to the position of the names of candi- 
dates UPON BALLOTS USED AT STATE ELECTIONS. 

Be it enacted, etc., as follows: 

Ed.V,'5l.**§'42, Section 42 of chapter 54 of the General Laws, as most 
etc., 'amended', rcccutly amended by section 12 of chapter 411 of the acts 
of 1943, is hereby further amended by striking out the 1st 
and 2d paragraphs, as appearing in chapter 292 of the acts 
of 1941, and inserting in place thereof the following para- 
graphs : — 
Tontents Under the designation of the office, the names of the candi- 

arrangement datcs for rc-clection to any office to be filled at a state elec- 
the'reoiK'' tion of which they are the elected incumbents shall, except 

in places where voting machines are used, be placed first on 
the ballot in alphabetical order according to their surnames; 
next and in like order the names of candidates of political 
parties, as defined in chapter fifty, and the names of all 
other candidates shall follow in like order. 

The names of candidates for city and town office shall, 
except at elections in places where voting machines are used, 
be arranged under the designation of the office in alpha- 
betical order according to their surnames, except as city 
charters otherwise provide in the case of municipal offices; 
but the names of candidates for different terms of service 
in the same office shall be arranged in groups according to 
the length of their respective terms, and the names of candi- 



Acts, 1948. — Chaps. 273, 274. 249 

dates nominated by single wards but to be voted for at 
large shall be arranged in groups by wards. In the case of 
representatives in congress, the designation may be "con- 
gressman". Blank spaces shall be left at the end of the list 
of candidates for each different office equal to the number to 
be elected thereto, in which the voter may insert the name 
of any person not printed on the ballot for whom he desires 
to vote for such office. If the approval of any question is 
submitted to the voters, it shall be printed on the ballot 
after the names of the candidates. 

Approved May 3, 1948. 

An Act authorizing additional club house facilities rhnj) 273 

AT PONKAPOAG golf COURSE IN THE BLUE HILLS RESERVA- 
TION IN THE TOWN OF CANTON. 

Be it enacted., etc., as follows: 

Section 1. The metropolitan district commission is 
hereby authorized and directed to provide additional club 
house facilities at the Ponkapoag golf course in the Blue Hills 
reservation in the town of Canton by adding to and remodel- 
ing the existing club house or by constructing a new club 
house. 

Section 2. For the purposes of this act, said commis- 
sion may expend such sums as may be appropriated therefor. 

Approved May 3, 1948. 

An Act further limiting the time within which actions (Jfidj) 274 
OF replevin, and certain actions of contract and 

TORT, MAY BE BROUGHT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 260 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 2, as appearing in the Ter- ^meAde^.' ^^' 
centenaiy Edition, and inserting in place thereof the follow- 
ing: — Section 2. Actions of contract, other than those to Limitation of 
recover for personal injuries, founded upon contracts or ^''^ '^^^^^' 
liabilities, express or Implied, except actions limited by 
section one or actions upon judgments or decrees of courts 
of record of the United States or of this or of any other state 
of the United States, shall, except as otherwise provided, be 
commenced only within six years next after the cause of 
action accrues. 

Section 2. Said chapter 260 is hereby further amended ej^)';26o"^' 
by inserting after section 2, as amended, the following sec- new *§ 2a'. 
tion: — Section 2 A. Except as otherwise provided, actions Limitation 
of tort, actions of contract to recover for personal injuries, of two years 
and actions of replevin, shall be commenced only within acti'o^ns^at 
two years next after the cause of action accrues. '''"'■ 

Section 3. This act shall take effect January first, nine- 
teen hundred and fifty, and its provisions shall apply only 
to causes of action accruing on or after said date. 

Approved May 3, 1948. 



250 



Acts, 1948. — Chap. 275. 



Chap. 27b An Act authorizing cities and towns to borrow for 

REMODELING, RECONSTRUCTING OR MAKING EXTRAORDI- 
NARY REPAIRS TO PUBLIC BUILDINGS, WITH APPROVAL OF 
THE EMERGENCY FINANCE BOARD. 

Be it enacted, etc., as follows: 

Section 1, Subject to the provisions of this act, any- 
city or town, by a two thirds vote as defined in section one 
of chapter forty-four of the General Laws, and with the ap- 
proval of the emergency finance board established under 
section one of chapter forty-nine of the acts of nineteen hun- 
dred and thirty-three, may borrow inside of its limit of in- 
debtedness as prescribed by section ten of said chapter 
forty-four, for remodeling, reconstructing or making extraor- 
dinary repairs to public buildings owned by the city or 
town, and may issue bonds or notes therefor. Each author- 
ized issue shall constitute a separate loan and such loans 
shall be paid within such period, not more than ten years 
from their dates, as said board shall fix. No loan shall be 
authorized in any year under authority of this act unless a 
sum equivalent 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 in the year when the loan is 
authorized. 

Each city or town seeking approval by the board of a loan 
under this act for the remodeling, reconstruction or repair of 
a public building shall submit to it all plans and other infor- 
mation considered by the board to be necessary for a determi- 
nation of the probable extended use of such building likely to 
result from such remodeling, reconstruction or repair, and in 
considering approval hereunder of a requested loan and the 
terms thereof, special consideration shall be given to such 
determination. 

Section 2. The members of the board aforesaid, when 
acting under this act, shall receive from the commonwealth 
compensation to the same extent as provided for services 
under chapter three hundred and sixty-six of the acts of 
nineteen hundred and thirty-three, as amended, including 
chapter seventy-four of the acts of nineteen hundred and 
forty-five. 

Section 3. The first paragraph of section 7 of chapter 
44 of the General Laws, as most recently amended by sec- 
tion 1 of chapter 207 of the acts of 1947, is hereby further 
amended by striking out, in line 5, the words "clauses three A 
and eleven" and inserting in place thereof the following: — 
clause (11), — so as to read as follows: — Cities and towns 
may incur debt, within the limit of indebtedness prescribed 
in section ten, for the following purposes, and payable within 
the periods hereinafter specified, but, except for the purposes 
set forth in clause (11), 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, 



G. L. (Tcr. 
Ed.), 44, §7, 
etc., amcndctl. 



Purposes for 
which cities 
and towns 
may borrow 
within the 
debt limit. 



Acts, 1948. — Chap. 276. 251 

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 avail- 
able 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 4. Said section seven is hereby further amended j^jV {4*'§7 
by striking out clause (3A), inserted by section two of said etc!, 'further' 
chapter two hundred and seven. amended. 

Approved May 3, 1948. 

An Act authorizing the town of canton to establish Chap. 276 
A board of public works exercising the powers of 
certain other boards, departments and town offi- 
cers, AND authorizing THE SELECTMEN TO ACT AS SAID 
BOARD. 

Be it enacted, etc., as follows: 

Section 1. There shall be established in the town of 
Canton a board of public works, hereinafter called the 
board, to consist of three members. From and after the 
next annual town election following the acceptance of this 
act, the board of selectmen, as constituted from time to 
time, shall be termed, constituted and serve as a board of 
public works, and the selectmen shall so serve during their 
respective terms of office. 

Section 2. The board shall have all the powers, rights 
and duties now or from time to time vested by general or 
special law in the following boards, departments and officers 
in said town, to wit: water commissioners, sewer commis- 
sioners, cemetery committee, highway department, includ- 
ing the highway surveyor, moth department and tree warden, 
and such boards, departments and officers shall thereupon 
be abolished during such time as this act is in effect as to 
them, respectively. No contracts or liabilities in force on 
the date when this act becomes fully effective shall be affected 
by such abolition, but the board shall in all respects be the 
lawful successor of the boards, departments and officers so 
abolished. 

Section 3. The board shall appoint, and fix the com- 
pensation of, a superintendent of public works, who shall 
exercise and perform under its supervision and direction, 
such of the powers, rights and duties transferred to it under 
section two as it may from time to time designate. He shall 
be responsible for the efficient exercise and perfonnance of 
such powers, rights and duties, and shall hold office subject 
to the will of the board. He shall be specially fitted by 
training and experience to perfonn the duties of said office, 
and may or may not be a resident of the town. During 
his tenure he shall hold no elective or other appointive office, 
nor shall he be engaged in any other business or occupation. 
He shall give to the town a bond with a surety company 



252 Acts, 1948. — Chap. 277. 

authorized to transact business in the commonwealth as 
surety, for the faithful performance of his duties, in such 
sum and upon such conditions as the board may require, 
and shall, subject to the approval of the board, appoint 
such assistants, agents and employees as the exercise and 
perfoi-mance of his powers, rights and duties may require. 
He shall keep full and complete records of the doings of his 
office and shall render to the board, as often as it may re- 
quire, a full report of all operations under his control during 
the period reported upon; and annually, and from time to 
time as required by the board, he shall make a synopsis of 
such reports for publication. He shall keep the board fully 
advised as to the needs of the town within the scope of his 
duties, and shall annually furnish to the board, not less than 
ten days prior to the expiration of the fiscal year of said 
town, a carefully prepared and detailed estimate in writing 
of the appropriations required during the next succeeding 
fiscal year for the proper exercise and perfonnance of all 
said powers, rights and duties. 

Section 4. The town may rescind all or any part of the 
action taken by it in pursuance of this act by a majority vote 
of the legal voters present and voting thereon by ballot at 
any town meeting held after three years following the annual 
town election at which this act becomes fully effective and 
at least thirty days before the annual town election next to 
be held after such meeting, and thereupon said town shall, 
at said next annual town election, nominate and elect such 
officers as are necessary to exercise and perform such of the 
powers, rights and duties transferred to the board under 
section two as are affected by said vote. 

Section 5. This act shall be submitted for acceptance to 
the legal voters of said town at the biennial state election in 
the year nineteen hundred and forty-eight, in the form of the 
following question which shall be placed on the official ballot 
to be used in said town at said election: — "Shall an act 
passed by the General Court in the year nineteen hundred 
and forty-eight, entitled 'An Act authorizing the Town of 
Canton to establish a Board of Public Works exercising the 
powers of certain other Boards, Departments and Town 
Officers, and authorizing the Selectmen to act as said Board', 
be accepted?" If a majority of the votes cast in answer to 
such question is in the affirmative, this act shall become 
fully effective at the next annual town election; otherwise 
it shall be of no effect. Approved May 3, 1948. 

Chap. 277 An Act authorizing the town of Harwich to receive 

AND ADMINISTER THE PROPERTY OF CERTAIN CEMETERY 
ASSOCIATIONS IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Each of the following-named cemetery asso- 
ciations, situated in the town of Harwich, to wit: Baptist 
Cemetery, Smith Cemetery, Chase Cemetery, North Har- 



Acts, 1948. — Chap. 277. 253 

wich Cemetery, Kelley Cemetery, Centre Cemetery, Harding 
Cemetery, Seth Eldridge Cemetery, Old Methodist Ceme- 
tery, End of the Pond Cemetery and South Harwich Ceme- 
tery, or any of them, hereinafter called associations, may, by 
deed duly executed, convey and transfer to said town, and 
said town is hereby authorized and empowered to receive, 
and thereafter to hold and maintain, but for cemetery pur- 
poses only, and subject to all rights heretofore existing in any 
burial lots, the real and personal property of the associa- 
tions not subject to any trust, and thereupon, and upon the 
transfer of the trust funds as hereinafter provided, the asso- 
ciations shall be dissolved; and the cemeteries of the asso- 
ciations shall be and become public burial places, grounds or 
cemeteries. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction and in compliance with the terms 
and conditions of such decree, said town may receive from 
the associations a conveyance and transfer of, and adminis- 
ter, all funds or other property held by the associations in 
trust for the perpetual care of the lots in the cemeteries and 
for other purposes, and also any property devised or be- 
queathed to the associations under the will of any person 
living at the time of said transfer or conveyance or under 
the will of any deceased person not then probated. Interest 
and dividends accruing on funds deposited in trust with any 
savings bank under authority of section thirty-seven or sec- 
tion thirty-eight of chapter one hundred and sixty-eight of 
the General Laws, or with any other banking institution, for 
the benefit of the associations, or of any lots in the cemeteries, 
may, after such conveyance, be paid by such bank or institu- 
tion to the treasurer of said town; and upon such payment 
said treasurer shall use the same for the purposes of said 
trusts. 

Section 3. All real and personal property and property 
rights, acquii'ed by said town from the associations under 
authority of this act, shall be held and managed by said 
town in the same manner in which cities and towns are au- 
thorized by law to hold and manage property for cemetery 
purposes; provided, that all rights which any persons have 
acquired in the cemeteries of the associations or any lots 
therein shall remain in force to the same extent as if this act 
had not been passed and such transfer had not occurred. 
The records of the associations shall be delivered to the clerk 
of said town and such clerk may certify copies thereof. 

Section 4. This act shall take full effect upon its accept- 
ance by a majority of the registered voters of the town of 
Harwich voting thereon at a regular or special town meet- 
ing held in the current year, but not otherwise. 

Approved May 3, 1948. 



254 Acts, 1948. — Chaps. 278, 279. 



C hap. 27S Ajst Act providing for the posting and sending of 

NOTIFICATIONS OF RATINGS AND SENIORITY DATES IN THE 
CASE OF POSITIONS BROUGHT TTNDER CIVIL SERVICE BY 
STATUTE OR RULE. 

Be it enacted, etc., as follows: 

v'dn' ^i''^ Section 47A of chapter 31 of the General Laws, as most 

M7a! etc.. recently amended by chapter 59 of the acts of 1946, is 
amended. hereby further amended by striking out the first two para- 

graphs and inserting in place thereof the following: — 
Deterniination Whcrc any officc Or positiou is placed within the official 
sen^rity date, or labor scrvicc by the provisions of this chapter or by any 
other statute, or by rule, or by acceptance of provisions of 
this chapter or any other statute by a city or town, the ap- 
pointing authority shall forthwith submit to the director 
a list of the incumbents of all such offices and positions. 
Said list shall state the type and kind of work, a record of 
service with dates of employment, and the compensation of 
each person, and any other information which the director 
may require. The appointing authority shall cause a copy 
of such list to be posted in a public place in said city or town 
for a period of thirty days. 

After the completion of said period of posting, the director 
shall classify each office or position on said list and shall fix 
the seniority date of each employee in conformity, so far 
as practicable, with the provisions of section fifteen D. The 
director shall notify each person on said list of his rating 
and seniority date as determined by him and such other in- 
formation as the director shall deem pertinent. Within four- 
teen days after said notification, any person whose rights 
are alleged to have been affected may appeal to the director 
as to the correctness of the list, his rating and seniority date. 
The director or his authorized representative shall forthwith 
hold a hearing and shall hear all parties concerned. After 
said hearing the director may make such changes as he may 
deem necessary in the rating and seniority date. After 
seniority is determined as provided herein, it shall continue 
subject however to the provisions of section fifteen D. 

Approved May S, 1948. 

Chap. 279 An Act further regulating notification to district 

ATTORNEYS OF FACTS RELATIVE TO ACTS OF ADULTERY 
ALLEGEDLY COMMITTED BY PARTIES TO DIVORCE PRO- 
CEEDINGS. 

Be it enacted, etc., as follows: 

EdV,'208'^§ 4.-> Section 45 of chapter 208 of the General Laws, as appear- 
amended.' ing in the Tercentenary Edition, is hereby amended by 
striking out, in line 2, the words "other than adultery,", — 
and by striking out, in lines 8 to 10, inclusive, the .words 
" ; but if the divorce is granted because of adultery the 
court shall cause notice of such facts, information and list 



Acts, 1948. — Chap. 280. . 255 

of witnesses to be given to the district attorney,", — so as to 
read as follows: — Section 1^5. If a divorce is granted for a Notice to 
cause constituting a crime, committed within the common- attorney of 
wealth and within the time provided by law for making "^^"^f 
complaints and finding indictments therefor, the court 
granting the divorce may, in its discretion, cause notice of 
such facts to be given by the clerk of the court or register 
of probate to the district attorney for the district where such 
crime was committed, with a list of the witnesses proving 
such crime and any other information which it considers 
proper and thereupon the district attorney may cause 
complaint therefor to be made before a magistrate having 
jurisdiction thereof, or may present the evidence thereof 
to the grand jury. Approved May 3, 1948. 



An Act providing for the creation of an old colony 
high school district planning committee. 

Be it enacted, etc., as follows: 

Section 1. A special unpaid committee, to be known as 
the Old Colony High School District Planning Committee, 
hereinafter called the committee, is hereby created, to con- 
sist of one member appointed by the finance or advisory 
committee, one by the school committee, and one by the 
board of selectmen of each town which votes to accept the 
provisions of this act as provided by section nine. Any 
vacancy in the committee shall be filled by the authority 
which appointed the member whose service has been ter- 
minated. 

Section 2. The committee shall study the advisability 
of forming a union high school district, to be known as the 
Old Colony High School District, its organization, operation 
and control, and the construction of a high school building 
to serve the needs of the district, with the estimated con- 
struction and operating cost and the financial arrangements 
therefor, and all other matters pertaining to the organiza- 
tion and operation of a union high school district as the 
committee considers necessary and proper and shall make 
a report of its findings and recommendations to the select- 
men of the several towns which accept this act not later 
than January first, nineteen hundred and forty-nine. 

Section 3. The committee shall prepare and submit to 
the general court, and to the selectmen of the several towns, 
not later than December first, nineteen hundred and forty- 
nine, such drafts of legislation as it may deem necessary to 
carry out its recommendations. 

Section 4. The committee is authorized to employ such 
experts, architects, consultants and clerical assistants, and 
to incur such other expense not exceeding, in the aggregate, 
fifty thousand dollars, as it may deem necessary. To meet 
such expenses the committee may accept and use for the 
purposes of this act sums of money received as gifts or con- 



Chap.2S0 



256 . Acts, 1948. — Chap. 280. 

tributions from any source and funds from the common- 
wealth or federal government which may be available, and 
shall by vote determine an amount necessary for the pur- 
poses of this act to be raised by the four or more towns 
which accept this act in accordance with the provisions of 
section nine. 

Section 5. The committee shall apportion the amount 
which it determines to be necessary as provided in the pre- 
ceding section among the several towns which accept this 
act on the basis of the taxable valuation of said municipali- 
ties as last established by the general court as a basis of 
apportionment of state and county taxes; and shall promptly 
thereafter notify in writing the treasurer of each of said 
towns of the amount of such apportionment. Upon the 
receipt of such notice, for the purpose of providing the nec- 
essary funds to meet the amount of the apportionment, un- 
less the amount due is provided by a special town meeting 
called for the purpose held within thirty days of the receipt 
of the said notice, the treasurer of each town notified shall, 
with the approval of the selectmen, borrow on notes of the 
town not exceeding the apportionment of such town. Such 
loans shall be in excess of the statutory limit and shall be 
due and payable in not more than two years from the dates 
thereof and except as provided herein shall be subject to 
the applicable provisions of chapter forty-four of the Gen- 
eral Laws exclusive of the limitation contained in the first 
paragraph of section seven thereof. Upon receipt of the 
proceeds of a loan issued under authority of this act, the 
town treasurer shall pay said proceeds over to the secretary- 
treasurer of the committee. 

The director of accounts in the department of corpora- 
tions and taxation shall cause an audit to be made of the 
accounts of the committee annually or at any time upon the 
request of the selectmen of a town participating in the ap- 
pointment of the committee and for this purpose he, and his 
duly accredited agents, shall have access to all necessary 
papers, books and records. Upon the completion of each 
audit, a report thereon shall be made to the chairman of 
the committee with a copy thereof to the chairman 
of the selectmen of each town served b}^ the committee. 

The director shall apportion the cost among the several 
municipalities participating in the appointment of the com- 
mittee on the basis of the taxable valuation of said munici- 
palities as last established by the general court for state 
and county taxes, and submit the amounts of each appor- 
tionment to the state treasurer, who shall issue his warrant 
requiring the assessors of the towns which so participate to 
assess a tax to the amount of such expense, and such amounts 
shall be collected and paid to the state treasurer as provided 
by section twenty of chapter fifty-nine. 

Section 6. The committee shall organize forthwith upon 
its appointment by the election of a chairman and a secre- 
tary-treasurer. The secretary-treasurer shall keep all rec- 



Acts, 1948. — Chap. 281. 257 

ords and shall receive and take charge of all money paid to 
the committee and shall pay over and account for the same 
according to the order of the committee. He shall give bond 
for the faithful performance of his duties in such sum as the 
committee shall require with a surety company authorized 
to transact business in the commonwealth as surety. The 
premium of such bond shall be paid from funds provided 
for the committee. 

Section 7. This act shall cease to be operative except 
as to section five on the effective date of establishment of 
the said proposed Old Colony High School District, and 
shall become null and void in its entirety on and after 
December thirty-first, nineteen hundred and fifty. 

Section 8. Any unexpended balance of funds held by 
the committee on the date this act ceases to be operative 
as provided in the preceding section shall be paid over to 
the several towns in the same proportion in which the origi- 
nal assessment was made and the amount so received by 
any town may be appropriated for school purposes. 

Section 9. The question of the acceptance of this act 
shall be considered and acted upon at a special town meet- 
ing called for the purpose to be held in the current year in 
each of the towns of Duxbury, Halifax, Hanson, Hanover, 
Kingston, Marshfield, Norwell, Pembroke and Plympton. 
If four or more of the said towns vote in favor of acceptance, 
this act shall become fully effective forthwith in the towns 
which have voted in favor of acceptance; if less than four 
of the said towns vote in favor of acceptance, this act shall 
become void. Approved May 5, 1948. 



An Act relative to the merger, consolidation or Qfidj) 281 

PURCHASE and SALE OF ASSETS OF BANKING COMPANIES. 

Be it enacted, etc., as follows: 

Chapter 172A of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 12, as amended by chapter 37 of the ne^w'§Y2A,' 
acts of 1948, the following section: — Section 12 A. No such added. 
corporation shall be merged in or consolidated with any Merger of 

.1 1 j_- ^ ^ j_ j_ banking corn- 

other such corporation or any bank or trust company, or panies and 

sell or exchange all or substantially all of its property and companies, 

assets, or purchase all or substantially all of the assets of regulated.' 

another such corporation or of any bank or trust company, 

or assume the liabilities thereof, except with the written 

approval of the commissioner, and subject to the provisions 

of sections forty-two and forty-six of chapter one hundred 

and fifty-six. The charter of such a corporation, the business 

of which has been merged in or consolidated with another 

such corporation, bank or trust company, or the affairs of 

which have been liquidated, shall be void except for the 

purpose of discharging obligations and liabilities. 

Approved May 5, 1948. 



258 Acts, 1948. — Chaps. 282, 283, 284. 



Chap. 282 An Act to gkant permanent civil service status in a 

HIGHER GRADE TO CERTAIN EMPLOYEES OF THE DIVISION 
OF EMPLOYMENT SECURITY. 

Be it enacted, etc., as follows: 

Any permanent civil service employee of the division of 
employment security who was appointed from a list estab- 
lished for junior registrar from the examination held by the 
division of civil service in the year nineteen hundred and 
thirty-eight and was subsequently transferred to the United 
States employment service and, while in said employment 
service, was appointed principal interviewer, shall receive 
permanent civil service status as principal interviewer as 
of the date such appointment became effective, and no 
subsequent examination for principal interviewer shall be 
deemed necessary. Approved May 5, 1948. 

Chap. 28S An Act requiring the approval of the commissioner 

OF BANKS OF CERTAIN PENSION OR RETIREMENT PLANS 
FOR EMPLOYEES OF SAVINGS BANKS AND CO-OPERATIVE 
BANKS. 

Be it enacted, etc., as follows: 

Notwithstanding any of the provisions of sections fifty- 
eight to sixty, inclusive, of chapter one hundred and sixty- 
eight, and sections fifty-nine to sixty-one, inclusive, of 
chapter one hundred and seventy of the General Laws, 
any plan or contract providing for retirement pensions, 
annuities or other retirement benefits for any or all of the 
employees of a savings bank or of a co-operative bank in 
effect on July first, nineteen hundred and forty-eight, may, 
if and to the extent approved by the commissioner of banks, 
be maintained and operated for the benefit of all employees 
eligible to benefits thereunder. To the extent that any such 
plan or contract is not approved by said commissioner, it 
shall, within such time as said commissioner may determine, 
be revised, or shall be discontinued or be replaced by the 
system for annuities or pensions provided for in said chapter 
one hundred and sixty-eight, or in said chapter one hundred 
and seventy, as the case may be. 

Approved May 5, 1948. 

Chap.284: An Act authorizing the designation of beneficiaries 

UNDER THE CONTRIBUTORY RETIREMENT SYSTEMS WHO 
SHALL RECEIVE CERTAIN PAYMENTS IN THE CASE OF MEM- 
BERS THEREOF WHO DIE PRIOR TO THEIR RETIREMENT. 

Be it enacted, etc., as follows: 

E<L)', il^l' 12, Subdivision (2) of section 12 of chapter 32 of the General 
subdivision ' Laws is hereby amended by inserting after option (c) the 

t olio wing paragraph : — 
PeMficfaHe"."^ -^ member may nominate in writing an eligible beneficiary 

who, if such member dies after attaining the age of fifty-five 



Acts, 1948. — Chaps. 285, 286, 287. 259 

years and before being retired, shall receive two thirds of 
the yearly amount of such lesser allowance to which such 
member would have been entitled had his retirement taken 
place as of the day next preceding the day of his death. 

Approved May 5, 1948. 



An Act requiring notice to the commissioner of banks Chap. 2S5 
OF certain transfers of stock of banking companies. 

Be it enacted, etc., as follows: 

Section 3 of chapter 172 A of the General Laws, as appear- ^^V mk 
ing in section 5 of chapter 266 of the acts of 1938, is hereby {3, etc., 
amended by adding at the end the following sentence: — amended. 
The officer or agent of any such corporation having charge Notice 19 
of its stockholders' records or ledger shall, within ten days oHemintock 
after recording thereon any transfer of stock of the corpo- transfers. 
ration which makes the transferee the owner of record of 
ten per cent or more of its outstanding stock with voting 
power, report such transfer to the commissioner. Whoever 
violates this section shall be punished by a fine of not more 
than five hundred dollars or by imprisonment for not more 
than six months, or both. Approved May 5, 1948. 



An Act authorizing certain insurance companies to Chav. 2S6 

DETERMINE BY THEIR BY-LAWS THE PERSON WHO SHALL 
PRESIDE AT MEETINGS OF THE DIRECTORS OR STOCKHOLDERS. 

Be it enacted, etc., as follows: 

Section 59 of chapter 175 of the General Laws, as appear- g. l. (Ter 
ing in the Tercentenary Edition, is hereby amended by add- ameAded.' ° ' 
ing at the end the following sentence : — Notwithstanding By-iaws may 

, 1 /• . . . f J 1 • 1 determine 

the foregoing provisions of this paragraph, a company may presiding 
by its by-laws provide that the chairman of the board of °^ta[/* 
directors, or in his absence the president, or in the absence of meetings. 
both of said officers a vice president, if any, shall preside at 
all meetings of the directors or stockholders, and that in the 
absence of all of said officers a temporary presiding officer 
may be chosen. Approved May 6, 1948. 



An Act relative to the inclusion of accident benefits Qfidrj 287 

IN CERTAIN LIABILITY INSURANCE POLICIES. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 11 IC, inserted by section 1 of chapter 375 § iiic, etc., 
of the acts of 1943, and inserting in place thereof the follow- amended. 
ing section: — Section lllC. A policy of insurance issued n"edlcl?"et'c 
under subdivision (b) of clause Sixth of section forty-seven expense'in 
affording insurance against legal liability for loss or damage ''policies. 
on account of the bodily injury or death of any person may 



260 Acts, 1948. — Chaps. 288, 289. 

also insure, or an endorsement or rider may be attached 
thereto to insure, any person including the named insured 
under the policy in respect to the reasonable expense of 
medical, surgical, ambulance, hospital, professional nursing 
and funeral expenses on account of the bodily injury or death 
of any person including the named insured. The provisions 
of sections one hundred and eight and one hundred and nine 
shall not apply to any such policy or any endorsement or 
rider providing for any or all of the benefits permitted by 
this section. Approved May 6, 1948. 

Chap. 288 An Act authorizing the Plymouth county commissioners 
TO acquire additional land with buildings thereon 

FOR the purposes OF THE REGISTRY OF DEEDS AT PLYMOUTH 
IN SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Plymouth 
county are hereby authorized to acquire, by purchase in 
whole or in part, a parcel of land with the buildings thereon 
lying easterly and northerly from and adjoining land now 
occupied and owned by the county and occupied for registry 
purposes. Said parcel being a part of the Hedge Estate, 
containing approximately one and one third acres and to 
be used for additional registry facilities and a parking area. 
For said purposes the county commissioners may expend out 
of any appropriation for building county buildings and pur- 
chase of land a sum not exceeding thirty-five thousand 
dollars. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by the county commissioners of 
said county, but not otherwise. Approved May 6, 1948. 

Chap.289 An Act authorizing the city of fitchburg to borrow 

money for the repair AND RECONSTRUCTION OF THE 
FIFTH STREET BRIDGE, SO-CALLED, IN SAID CITV. 

Be it enacted, etc., as follows: 

SijCTiON 1. For the purpose of repairing and recon- 
structing the Fifth Street bridge, the city of Fitchburg may 
borrow, from time to time, within a period of two 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, Fitchburg Bridge Repair Loan, Act of 
1948. Each authorized issue shall constitute a separate loan 
and such loans shall be paid in not more than ten years from 
their dates. Indebtedness incurred under this act shall be 
within the statutory limit and shall, except as provided 
herein, be subject to the provisions of chapter forty-four of 
the General Laws, including the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved May 6, 1948. 



Acts, 1948. — Chaps. 290, 291, 292. 261 



An Act relative to the school buildings of the town Chap. 290 

OF WESTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Weston and its awarding au- 
thorities shall be relieved from compliance with the provi- 
sions of sections forty-four A to forty-four D, inclusive, as 
amended, of chapter one hundred and forty-nine of the 
General Laws in providing for and in connection with re- 
construction, alteration, remodelHng or repair of its school 
buildings necessitated by fire damage occurring in April, 
nineteen hundred and forty-eight. 

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

Approved May 7, 1948. 



An Act requiring the city of Worcester to repay to Chav.291 

CERTAIN employees THE CONTRIBUTIONS MADE BY THEM 
TO THE CONTRIBUTORY RETIREMENT SYSTEM OF SAID 
CITY, AND ESTABLISHING THE RETIREMENT RIGHTS OF 
SAID MEMBERS. 

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. Janisziwski and 
Arthur E. Allard, employees of the city of Worcester, all 
accumulated regular deductions withheld from their wages 
as such employees on account of the membership of each of 
the aforesaid employees in the contributory retirement 
system, so called, established by virtue of chapter four 
hundred and ten of the acts of nineteen hundred and twenty- 
three, as amended, and the names of said employees shall be 
stricken from the rolls of the retirement board of the city of 
Worcester as members of the 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 May 7, 1948. 



An Act relative to representative town meetings in (JJidj) 292 

THE town OF WEST SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 311 of the acts of 1922 
is hereby amended by striking out the third, fourth and 
fifth sentences and inserting in place thereof the following 
sentences: — Their boundaries shall be reviewed, and, if 
need be, wholly or partly revised, by the selectmen in De- 
cember, once in five years, or in December of any year when 
so directed by a vote of a representative town meeting held 



262 Acts, 1948. — Chap. 293. 

not later than November twentieth of that year. The 
foregoing provisions of this section shall not authorize any 
action contrary to the provisions of section nine A of chapter 
fifty-four of the General Laws. The selectmen shall, within 
ten days after any establishment 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 descrip- 
tion of the precincts and the names and residences of the 
registered voters therein; and the selectmen shall also cause 
to be posted in the town hall a map or maps or description 
of the precincts as established or revised from time to time, 
with the names and residences of the registered voters 
therein; and they shall also cause to be posted in at least 
one public place in each precinct a map or description of 
that precinct, with the names and residences of the registered 
voters therein. The division of the town into voting pre- 
cincts and any revision of such precincts shall take effect 
upon the date of the filing of the report thereof by the select- 
men with the town clerk. 

Section 2. Section 3 of said chapter 311, as amended by 
chapter 284 of the acts of 1941, is hereby further amended 
by striking out the first sentence and inserting in place 
thereof the following sentence : — Any representative town 
meeting held under the provisions of this act, except as 
otherwise provided, shall be limited to the elected town 
meeting members, together with such town meeting members 
ex officio as may be provided for by the by-laws of the town, 
and authority to adopt such by-laws is hereby conferred. 

Section 3. Section one of this act shall take effect upon 
its passage, and section two thereof shall take effect upon 
its passage for the purpose of the adoption of the by-laws 
provided for therein, and the remainder thereof shall take 
effect upon the effective date of such by-laws. 

Approved May 7, 1948. 

Chap. 29S An Act authorizino the city of fitchburg to borrow 

MONEY FOR THE CONSTRUCTION OF CERTAIN BUILDINGS 
IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a city infirmary, a nurses' 
home and school, and a maternity hospital, the city of Fitch- 
burg 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 dol- 
lars, and may issue bonds or notes therefor which shall bear 
on their face the words "Fitchburg Municipal Buildings 
Loan, Act of 1948". 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 outside the statutory limit and shall, 
except as herein provided, be subject to the provisions of 
chapter forty-four of the General Laws, including the limi- 



Acts, 1948. — Chaps. 294, 295, 296. 263 

tation contained in the first paragraph of section seven 
thereof. 

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

Approved May 7, 1948. 

An Act authorizing the town of needham to permit ^i ^qa 

THE erection AND MAINTENANCE BY THE BOY SCOUTS OF ^f^f^P-^^^ 
AMERICA OF A BUILDING ON THE PUBLIC PARK LAND BOR- 
DERING ON ROSEMARY LAKE IN SAID TOWN. 

Be it enacted, etc., as folio ivs: 

Section 1. The town of Needham, by its board of 
selectmen, and upon such terms and conditions as such 
board may specify and approve, is hereby authorized to 
grant a permit authorizing the local unit or units of the Boy 
Scouts of America within said town to erect, and thereafter 
to maintain, on the public park land bordering Rosemary 
Lake in said town, purchased by said town under article 
thirty-four of the warrant for its annual town meeting in the 
year nineteen hundred and forty-four, a building to be used by 
said Boy Scouts of America for recreational purposes. Not- 
withstanding such permit, the control and supervision of 
such land shall remain under the board of selectmen. Upon 
failure of said unit or units for the period of two years to 
make use of said property for such purposes, said board of 
selectmen may immediately cancel such permit upon writ- 
ten notice to said unit or units. 

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

Approved May 7, 1948. 

An Act to regulate the issuance of warrants by jus- fhnj) 295 

TICES of the PEACE. ^' 

Be it enacted, etc., as follows: 

Section 1 of chapter 262 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by fmenl^d.' ^ ^' 
striking out in lines 12 and 13 the words "For issuing a 
summons, process or warrant under section thirty-six of 
chapter two hundred and eighteen, two dollars" and insert- 
ing in "place thereof the following words : — For issuing a issuance of 
summons, process or warrant under section thirty-six of justice" of the 
chapter two hundred and eighteen, two dollars, except that "^^^^^^^^^ 
when more than one summons, process or warrant shall be 
simultaneously issued against a single defendant, no fee 
shall be paid except for the first such summons, process or 
warrant. Approved May 7, 1948. 

An Act relative to the granting of the degree of nhn^ OQB 

BACHELOR OF SCIENCE IN PHARMACY BY THE TRUSTEES ^' 
' OF THE BOSTON SCHOOL OF PHARMACY. 

Be it enacted, etc., as follows: 

Chapter 571 of the acts of 1943 is hereby amended by 
striking out, in lines 6 and 7, the words "established by 



264 Acts, 1948. — Chaps. 297, 298. 

chapter five hundred and forty-nine of the acts of nineteen 
hundred and forty-three" and inserting in place thereof the 
words: — existing under authority of section three A of chap- 
ter fifteen of the General Laws, as most recently amended 
by section three of chapter six hundred and fifty-two of the 
acts of nineteen hundred and forty-seven, — so as to read 
as follows : — The trustees of The Boston School of Phar- 
macy, a corporation organized under chapter one hundred 
and eighty of the General Laws, are hereby authorized to 
confer the degree of Bachelor of Science in Pharmacy, if 
and when said school complies with the requirements of the 
board of collegiate authority existing under authority of 
section three A of chapter fifteen of the General Laws, as 
most recently amended by section three of chapter six hun- 
dred and fifty-two of the acts of nineteen hundred and 
forty-seven. Approved May 7, 1948. 

Chav 297 ^^ Act relative to the review by the director of civil 
service and the civil service commission of marks 
obtained in civil service examinations. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 31 of the General Laws is hereby amended by 

§ i2A^etc., striking out section 12A, inserted by section 2 of chapter 704 
amended. ^f ^]^g ^^^g ^f ^945^ ^ud inserting in place thereof the follow- 

Right of review ing section: — Section 12 A. Within fourteen days after the 
Lxai^naUonT glvlug of uotice of the rcsults of a written examination, an 
applicant may file with the director a request for a review of 
the markings on his examination paper, in the form pre- 
scribed by the director, setting forth specifically in what 
particulars the results of the examination are allegedly in- 
correct. 

In such case the director shall, within six weeks after the 
filing of a request for a review of markings on any examina- 
tion paper, cause such examination paper and the markings 
thereon to be reviewed, and transmit a copy of his decision 
to the applicant. Within fourteen days after the giving of 
notice of such decision the applicant may appeal to the com- 
mission by filing a petition in a form approved by it and 
containing a brief statement of the facts upon which such 
appeal is based. After the filing of such an appeal the com- 
mission shall hold a hearing, render a decision and transmit 
a copy of such decision to the appellant. Nothing herein 
shall be construed to extend the time provided by law for 
the establishment of the eligible list based on such examina- 
tion. Approved May 7, 1948. 

Chap.29S An Act regulating the dumping of material within the 

LIMITS OF A STATE HIGHWAY. 

Be it enacted, etc., as follows: 

Ed V' 8^1' 21 Section 21 of chapter 81 of the General Laws, as appearing 
ameAded. ' in the Tercentenary Edition, is hereby amended by insert- 



Acts, 1948. — Chaps. 299, 300. 265 

ing after the word "purpose" in line 2 the following: — , nor 
shall any material be dumped or placed thereon or removed 
therefrom, — so as to read as follows: — -Section 21. No Dumping of 
state highway shall be dug up, nor opening made therein for wuhin""' 



imits 



any purpose, nor shall any material be dumped or placed ^1 hw''**' 
thereon or removed therefrom, and no tree shall be planted reguilted. 
or removed or obstruction or structure placed thereon or 
removed therefrom or changed without the written permit of 
the department, and then only in accordance with its regu- 
lations, and the work shall be done under its supervision and 
to its satisfaction, and the entire expense of replacing the 
highway in as good condition as before shall be paid by the 
persons to whom the permit was given or by whom the work 
was done; but a town may dig up a state highway without 
the approval of the department in case of immediate neces- 
sity; but in such cases it shall forthwith be replaced in as 
good condition as before at the expense of the town. 

Approved May 7, 1948. 



An Act relative to the enforcement of laws prohibit- nhrj^ OQQ 

ING GAMING AND OTHER CRIMES AGAINST PUBLIC POLICY, ^' 

WHEN SUCH OFFENSES ARE COMMITTED UPON A SHIP OR 
VESSEL WITHIN THE TERRITORIAL LIMITS OF THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

Chapter 271 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 1, as appearing in the Tercentenary f ti', idded^'"^ 
Edition, the following section: — Section lA. The words ship or vessel 
"house", "building" and "place" used severally or together j^?^"'{'^fj"^ 
in this chapter shall mean and include a ship or vessel when * 
it is within the territorial limits of the commonwealth. 

Approved May 7, 1948. 



this chapter. 



An Act authorizing the town of groveland to employ 
gertrude merrill as a teacher in the school system 
of said town. 

Be it enacted, etc., as follows: 

Section 1, The town of Groveland is hereby authorized 
to employ Gertrude Merrill as a teacher in the school system 
of said town notwithstanding any provision of law that makes 
her ineligible for such employment by reason of superannua- 
tion; provided, that such employment shall not extend be- 
yond June thirtieth, nineteen hundred and fifty. 

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

Approved May 10, 1948. 



Chap. 300 



266 Acts, 1948. — Chaps. 301, 302. 



Chap.SOl An Act authorizing increases in the amounts of pen- 
sions AND retirement ALLOWANCES PAYABLE TO CERTAIN 
RETIRED EMPLOYEES OF THE CITY OF BOSTON AND COUNTY 
OF SUFFOLK AND THEIR BENEFICIARIES. 

Be it enacted, etc., as follows: 

Section 1. The Boston retirement board, or other 
appropriate retiring authority, may increase by the amount 
of one hundred and twenty dollars per annum, effective 
upon such date as the mayor of the city of Boston may fix, 
the present annual pension or retirement allowance of all 
former employees and of all beneficiaries of deceased em- 
ployees of the city of Boston and of the county of Suffolk 
who were retired prior to October first, nineteen hundred 
and forty-six; provided, that such increase shall not be 
made in the case of a pension or retirement allowance which 
is nine hundred dollars or more per annum; and, provided 
further, that no pension or retirement allowance shall be 
increased hereunder by an amount which will make the 
same exceed nine hundred dollars per annum. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city coun- 
cil of said city, subject to the provisions of its charter, but 
not otherwise. Approved May 10, 1948. 



Chav.S02 An Act relative to the issuance of sporting, hunting, 

FISHING AND TRAPPING LICENSES. 

Be it enacted, etc., as follows: 

G-L. (Ter. SECTION 1. Chapter 131 of the General Laws is hereby 

etc!, 'amended', amended by striking out section 6, as appearing in section 2 

of chapter 599 of the acts of 1941, and inserting in place 

Sporting. thereof the following section : — Section G. Upon the appli- 

fi^wng^and cation of any person entitled to receive a sporting, hunting, 

trapping fishiug or trapping license and upon payment of the fee 

formrcontents. Specified therefor in this chapter and the furnishing of an 

affidavit by any non-resident desiring to be classified under 

clause (1) of section eight, the director or the clerk of any 

city or town shall issue to such person a sporting, hunting, 

fishing or trapping license, as the case may be, in the form 

prescribed upon a blank furnished by the division. Subject 

to existing laws, a sporting license shall authorize the licensee 

to hunt birds and mammals and to fish, a fishing license shall 

authorize the licensee to fish only, a hunting license shall 

authorize the licensee to hunt only, and a trapping license 

shall authorize the licensee to trap mammals only. Each 

license issued hereunder shall bear, in addition to any other 

data, the name, place of residence, citizenship, birthplace, 

identifying description and the age of the licensee, a statement 

that the holder has not been found guilty of, or convicted 

of or penalized in any manner for, a violation of this chapter 

or any provision thereof, or of any corresponding provision 



Acts, 1948. — Chap. 303. 267 

of earlier laws, within one year of the date of the license, and 
a written declaration, signed by the licensee under the penal- 
ties of perjury, that the data and statements contained in 
the license are true. Each applicant shall appear in person 
before the director or the clerk of any city or town issuing 
such license, except that in the case of a renewal thereof the 
previous year's license may be accepted by the director or 
the clerk of any city or town in lieu of a personal appearance 
of the applicant. Each license shall be valid for use to and 
including the following December thirty-first, unless sooner 
revoked. No person holding a sporting, hunting, fishing or 
trapping license shall transfer or loan such license, and every 
holder thereof shall, while fishing, hunting or trapping, carry 
upon his person his license authorizing him so to do and shall 
produce it for examination upon the demand of any con- 
servation officer, deputy, warden, or other officer qualified 
to serve criminal process, or upon the demand of an owner or 
lessee of land upon which the licensee is fishing, hunting or 
trapping, or upon the demand of the agent of such owner or 
lessee. Whoever, upon such demand, fails or refuses to Penalty. 
produce a license authorizing him so to fish, hunt or trap, 
as the case may be, or whoever for the purpose of procuring 
any such license falsely makes any representation or state- 
ment required by this section, shall be punished by a fine of 
not less than ten nor more than fifty dollars, or by imprison- 
ment for not more than one month, or both. 

Section 2. Section 16 of said chapter 131, as most g. l. (Ter. 
recently amended by chapter 193 of the acts of 1947, is fiJameAded!'' 
hereby further amended by adding at the end the following: 
— Any license not signed as required by section six and used Unsigned 
by any person while hunting, fishing or trapping, as the 
case may be, shall be seized by any officer empowered to 
enforce this chapter and immediately forwarded to the 
director. Such license shall be returned to the licensee only 
upon his application to the director, and upon giving definite 
proof that the license was his property and the signing thereof 
in the presence of the director or his agent. 

Approved May 10, 1948. 



Chap. 303 



An Act providing for control measures against in- 
sects AND DISEASES ON PLANTS AND PARTS THEREOF COM- 
ING INTO THE COIVIMON WEALTH. 

Be it enacted, etc., as follows: 

Section 1. Chapter 128 of the General Laws is hereby g. l. (Xer. 
amended by striking out section 21, as appearing in the amende^d." ^ ~^' 
Tercentenary Edition, and inserting in place thereof the 
following section: — Section 21. The director, either per- Director may 
sonally or through his assistants, may inspect at its point itocrind 
of destination all nursery stock coming into the common- fruits coming 
wealth, and if such stock is found to be infested with wealth."""""' 
injurious insects or plant disease he may cause it to be de- ^r.^reguiSed 



268 Acts, 1948. — Chap. 304. 

stroyed, treated or returned to the consignor at the con- 
signor's expense. He may, either personally or through his 
assistants, inspect all fruits, plants and parts thereof brought 
into the commonwealth from outside thereof which also 
grow out of doors in this commonwealth, and, if such fruits, 
plants and parts thereof are found to be infested with in- 
jurious insects or plant disease likely to become established 
herein, he may cause the same to be destroyed, treated or 
returned to the consignor at the consignor's expense. 

Each person, except a common carrier, who receives, 
brings or causes to be brought into this commonwealth 
any such fruits, plants and parts thereof from such states, 
provinces or countries as may be designated by the commis- 
sioner, shall immediately after the arrival thereof notify 
the director of such arrival, and hold them until they have 
been duly inspected. 
Ed.^, ils^i 27. Section 2. Said chapter 128 is hereby further amended 
etc., 'amended, ^y Striking out sectlou 27, as amended by chapter 309 of 
the acts of 1938, and inserting in place thereof the following 
Powers of scction: — Section 27. The director, with the approval of 
the commissioner, after a duly advertised public hearing 
with notice to interested parties, may prohibit, for such 
periods and under such conditions as he may impose, the 
delivery within the commonwealth of nursery stock, fruits, 
plants and parts thereof from outside the commonwealth 
when in his opinion they are likely to be infested with in- 
sect pests or disease or are likely to act as a carrier thereof. 
With the approval of the commissioner, he may make and 
issue such rules and regulations as may be needed to carry 
out sections sixteen to thirty-one, inclusive, and may in 
such rules and regulations establish fees for registration or 
inspection. He may also enter into reciprocal agreements 
with other states under which nursery stock owned by 
nurserymen and dealers of such states may be sold or de- 
livered in this commonwealth without the payment of a 
registration or inspection fee; provided, that like privi- 
leges are accorded in such other states to nurserymen and 
dealers of this commonwealth. He may publish informa- 
tion about such insects and disease as come within his 
observation. Approved May 10, 1948. 

Chav.304: ^^ ^^'^ relative to motor vehicles under control of 

MILITARY FORCES OF THE COMMONWEALTH. 

pr'^^fui^"^ Whereas, The deferred operation of this act would tend 

to delay and, in part, to defeat its purpose, which is im- 
mediately to regulate the manner in which motor vehicles 
under the control of the military forces of the common- 
wealth are registered, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preserva- 
tion of the public safety and convenience. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 90 of the General Laws is hereby amended by 

etc., amended.' Striking out section 5A, inserted by section 2 of chapter 



Acts, 1948. — Chap. 305. 269 

409 of the acts of 1943, and inserting in place thereof the 
following section: — Section 5 A. The adjutant general, in Plates for use 
behalf of the military forces of the commonwealth, may useFby'''''^ 
make application, in such form and containing such infor- niiiitary forces. 
mation as the registrar may determine, for a general dis- 
tinguishing mark, and the registrar shall issue to him a 
certificate of registration. All motor vehicles under the con- 
trol of the military forces of the commonwealth shall be 
regarded as registered under such general distinguishing 
mark, provided said mark is properly displayed thereon. 

Each vehicle registered in accordance with this section 
shall display the general distinguishing mark and different 
letters or numbers, or a combination thereof, assigned to it 
by the adjutant general, which shall be in such form and 
displayed as the registrar shall approve. 

Whoever upon any way of the commonwealth operates a 
motor vehicle to which marks of distinction, as provided 
in this section, have been attached without authority, or 
whoever without authority operates a motor vehicle to 
which such marks have been legally attached, shall be 
punished by a fine of not less than twenty-five nor more than 
fifty dollars. Approved May 10, 1948. 



An Act making an appropriation for the state hous- 
ing BOARD and to PROVIDE FOR THE ADMINISTRATION OF 
THE VETERANS HOUSING PROGRAM. 

Be it enacted, etc., as follows: 

Section 1. The sum herein set forth, for the purposes 
herein specified, is hereby appropriated from the Veterans' 
Services Fund, subject to the provisions of law regulating 
the disbursement 'of public funds and the approval thereof. 

Item 

State Housing Board: 
3504-50 For personal services and expenses necessary 
during the current fiscal year, including not 
more than nine permanent positions, to be 
in addition to the amounts appropriated for 
the purpose in items 1902-01 and 1902-02 of 
section two of chapters two hundred and nine- 
teen and six hundred and eighty-five of the 
acts of nineteen hundred and forty-seven . $32,000 00 

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

Approved May 10, 1948. 



Chap.S05 



270 Acts, 1948. — Chap. 306. 



Chav.S06 An Act relative to appeals from decisions in the mat- 
ter OF PAYMENTS UNDER THE VETERANS' BONUS LAW, 
SO CALLED. 

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

preain e. make its provisions effective without delay and this purpose 
cannot be achieved except by means of an emergency law, 
therefore, this act is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 731 of the acts of 1945 is hereby 
amended by striking out section 8A, inserted by section 5 
of chapter 581 of the acts of 1946, and inserting in place 
thereof the following section : — Section 8 A . Any person 
aggrieved by a decision of the state treasurer in the matter 
of payments provided for by this act may appeal to a board 
constituted as herein provided by filing a claim for appeal 
with the state treasurer within ninety days after notice of 
such decision and, after due notice, shall be entitled to a 
hearing upon such appeal before such board or a panel 
thereof; and the decision of said board or panel shall be 
final. The board shall be set up as a single unit or in panels, 
as determined by the state treasurer from time to time; and 
the board when set up as a single unit and each panel thereof 
when set up in panels shall consist of a member of the de- 
partment of the state treasurer to be designated by him, 
and an assistant attorney general to be designated by the 
attorney general and a representative of the adjutant general. 

Section 2. Notwithstanding the provisions of section 
one, an appeal from any decision made prior to the effective 
date of this act in the matter of any payment provided for 
by said chapter seven hundred and thirty-one, as amended, 
from which no claim for appeal has been made may be taken 
by filing a claim for appeal with the state treasurer at any 
time within ninety days after said effective date. 

Section 3. Action taken by the appeal board as here- 
tofore constituted is hereby validated and confirmed to the 
same extent as though said section eight A, as amended by 
section one of this act, had been in effect at the time of such 
action. Approved May 12, 1948. 



Acts, 1948. — Chaps. 307, 308, 309. 271 



An Act relative to the making of rules and regula- fhnY) S07 

TIONS BY THE REGISTRAR OF MOTOR VEHICLES RELATIVE ^' 

TO THE CONSTRUCTION AND EQUIPMENT OF SCHOOL BUSES. 

Whereas, The deferred operation of this act would tend p"e'fnfbi"'?^ 
to defeat its purpose, which is to clarify immediately cer- 
tain provisions of law relating to the registry of motor 
vehicles, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 7C, inserted by section 1 of chapter ftl! amended.' 
241 of the acts of 1945, and inserting in place thereof the 
following section : — Section 7C. The registrar, after a pub- School buses, 
lie hearing, may make, alter, rescind or add to rules and coMtmctiin'^ 
regulations establishing minimum standards for construe- of. etc. 
tion and equipment of school buses. A violation of any 
rule or regulation made under this section shall be pun- 
ished in the same manner as a violation of a rule or regu- 
lation made under section thirty-one. 

Approved May 12, 1948. 



Chap.SOS 



An Act requiring copy of the order required to be 
delivered to the commissioner of corporations and 

taxation in CONNECTION WITH THE SERVICE OF PROCESS 
UPON CERTAIN DOMESTIC CORPORATIONS TO BE IN DUPLI- 
CATE. 

Be it enacted, etc., as follows: 

Section 37 of chapter 223 of the General Laws, as amended Ed^Js^i 37 
by section 1 of chapter 306 of the acts of 1945, is hereby fur- etc!, 'ameAded. ' 
ther amended by inserting in the fourth sentence of the last 
paragraph, after the word "order", the words: — in dupli- 
cate, — so that said sentence shall read as follows : — The service of 
party making such application shall deliver a copy of such ^p^t'aTn do-°" 
order in duplicate with a fee of two dollars to the commis- mestic cor- 
sioner of corporations and taxation, or his deputy, or second hfTupirdtc.'^'' 
deputy when acting under section six of chapter fourteen, or 
in the office of said commissioner. 

Approved May 12, 1948. 



An Act relative to the suspension of the execution pu^jj. qqq 

OR OPERATION OF DECREES OF THE SUPERIOR COURT, ^' 
pending appeals THEREFROM. 

Be it enacted, etc., as follows: 

Section 22 of chapter 214 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by strik- Jmende\i' ^ ^^' 
ing out, in line 2, the word "full" and inserting in place 



272 



Acts, 1948. — Chap. 310. 



thereof the words: — supreme judicial, — so as to read as 
Execution jir f ollows : — Sectiou 22. After an appeal has been taken from 
dccrees°rnay a dccrec of the superior court, the supreme judicial court 
pendinTappeai. ''^^7 1 ^7 an ordcr, on terms or otherwise, suspend the exe- 
cution or operation of the decree appealed from, pending the 
appeal, and may modify or annul any order made for the 
protection of the rights of the parties, pending the appeal; 
but, until such order has been modified or annulled, the 
justice of the superior court by whom the order or decree 
appealed from was made, or any other justice of said court, 
may make any proper interlocutory orders, pending such 
appeal, including orders for the appointment of receivers, of 
injunction, of prohibition, and orders for continuing in force 
such orders previously made, or for modifying or dissolving 
them. The justice who makes any such interlocutory orders 
may enforce them by appropriate proceedings, pending the 
appeal. Approved May 12, 1948. 



Chap. SIO An Act relating to the care and protection of way- 
ward AND delinquent CHILDREN AND JUVENILE OF- 
fenders, and to the reduction and prevention of 
delinquency and crime, including sex crimes, among 
juveniles; establishing a state board, to be known 
AS the youth service board, and defining its powders . 

AND DUTIES. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make immediately effective 
certain desirable changes in the law relating to wayward 
and delinquent children, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public safety. 

Be it enacted, etc., as follows : 

Ed.V.e^^fi/, Section 1. Chapter 6 of the General Laws is hereby 
etc., amended, amended by striking out section 17, as most recently amended 
by chapter 260 of the acts of the current year, and inserting 
in place thereof the following section: — Section 17. The 
armory commission, the art commission, the commission 
on administration and finance, the commissioner of veterans' 
services, the commissioners on uniform state laws, the public 
bequest commission, the state ballot law commission, the 
board of trustees of the Soldiers' Home in Massachusetts, 
the milk regulation board, the alcoholic beverages control 
commission, the state planning board, the state housing 
board, the trustees of the state library, the state racing 
commission, the Greylock reservation commission, the Port 
of Boston Authority, the Massachusetts public building 
commission, the Massachusetts fair employment practice 
commission, the outdoor advertising authority, the com- 
mission on alcoholism, the youth service board and the 
Massachusetts aeronautics commission shall serve under 



Certain 
officers to 
serve under 
governor 
and council. 



Acts, 1948. — Chap. 310. 273 

the governor and council, and shall be subject to such 
supervision as the governor and council deem necessary 
and proper. 

Section 2. Said chapter 6 is hereby further amended EJ^'e^wes 
by adding after section 64, inserted by section 3 of said to 69, added. 
chapter 260, under the heading youth service board, the 
following five sections: — Section 65. There shall be a Youth service 
board, to be known as the youth service board, in this and bere.'^te^m"'' 
the following four sections called the board, to consist of of office. 
three members appointed by. the governor, with the advice 
and consent of the council, from a list of persons submitted 
to him by the advisory committee on service to youth, 
established under section si.xty-nine. 

At the time of making the original appointments of said 
members, the governor shall designate one member to serve 
for three years, one for four years, and one for five years. 
Upon the expiration of the term of a member, his successor 
shall be appointed in the same manner as was the said 
member for five years. The governor shall in the manner 
aforesaid fill any vacancy for the unexpired term. The 
governor shall, from time to time, designate one of the 
members as chairman. 

All persons appointed to the board shall have had train- 
ing and experience in the law, or in medicine, or in education, 
or in the handling of juvenile and youthful offenders, or 
in social work or in planning and conducting programs for 
the prevention of delinquency and crime. The chairman 
must have demonstrated superior administrative ability. 
A person particularly well qualified for board membership 
may be appointed, even though such person is not, at the 
time of the appointment, a resident of this commonwealth. 

The governor, with the advice and consent of the council, 
may remove any member of the board for misconduct, 
incompetency or neglect of duty, after serving charges in 
writing upon such member and affording him an opportunity 
to be heard. 

Section 66. All members of the board shall devote all Salaries. 
their time to its work. The chairman shall receive a salary 
of nine thousand dollars, and each of the other members 
shall receive a salary of eight thousand dollars, and each 
member shall also be reimbursed for his expenses actually 
and necessarily incurred by him in the performance of his 
official duties. 

The chairman shall be the executive and administrative Duties and 
officer of the board. The powers and duties of the board in fhe^board. 
respect to classification, placement for training and treat- 
ment, transfer, parole and discharge of persons committed 
to the board shall be exercised and performed by the board 
as such, and shall not be delegated to, nor exercised or 
performed by, any individual member. All other powers, 
duties and functions granted to or imposed upon the board 
by any provision of law may be exercised and performed 
by any member or any subordinate designated and assigned 



274 



Acts, 1948. — Chap. 310. 



Functions and 
jurisdiction of 
the board. 



Employees of 
the board. 



Advisory 
committee, 
members, 
duties, terms 
of office. 



by the board. A majority of the board shall constitute a 
quorum. 

Section 67. It shall be the function and duty of the 
board : — 

(1) To develop constructive programs to reduce and 
prevent delinquency and crime among youth, and to that 
end it shall co-operate with existing agencies and encourage 
the establishment of new agencies, both local and state- 
wide, having as their object the control of delinquency and 
crime; and the board shall assist local authorities of any 
county or municipality, when so requested by the governing 
body thereof, in strengthening and co-ordinating its educa- 
tional, welfare, health and recreational programs which 
have as their object service to youth. 

(2) To serve as the correctional agency of the common- 
wealth in handling all wayward and delinquent children 
and habitual truants, habitual absentees, and habitual 
school offenders committed to the commonwealth. To that 
end the board shall (a) succeed to and be vested with all 
the rights, powers and duties, including their rights, powers 
and duties as trustees of funds and property and as guardians 
of children, exercised and performed by the trustees of the 
Massachusetts training schools; {h) succeed to and be 
vested with all the rights, powers, duties, facilities, personnel 
and appropriations of the division of juvenile training of 
the department of public welfare, including the Lyman 
school for boys at Westborough, the industrial school for 
girls at Lancaster, the industrial school for boys at Shirley, 
and all other institutions, except the Massachusetts reforma- 
tory, supported by the commonwealth for the custody, care 
and training of delinquent or wayward children or juvenile 
offenders and of all children committed thereto; (c) succeed 
to and be vested with such rights, powers, duties and ap- 
propriations of the division of child guardianship of the 
department of public welfare as it has for the care of delin- 
quent or wayward children, juvenile offenders, or habitual 
truants, habitual absentees, or habitual school offenders, 
and take over such personnel engaged in the care of such 
children as the division can spare without injury to its 
other functions and duties. All employees affected by the 
provisions of this section shall be transferred without loss 
of their civil service, retirement or other rights. 

Section 68. In addition to any employees transferred 
to it, the board may employ, within the limits of the amount 
appropriated therefor, such medical, psychiatric and other 
expert personnel, field representatives, supervisory, institu- 
tional, clerical and other emploj^ees as are necessary to 
discharge its duties. Physicians, psychiatrists and psy- 
chologists shall be exempt from chapter thirty-one. 

Section 69. There shall be a committee, to be known 
as the advisory committee on service to youth, whose func- 
tions are to nominate members of the youth service board 
as provided in section sixty-five, to advise and make recom- 



Acts, 1948. — Chap. 310. 275 

mendations to said board and to stand ready to advise and 
assist any other appropriate department or agency of the 
government on any matter affecting the behavior, care or 
welfare of children or youths, to interpret the work of the 
board to the public, and to enlist public co-operation therein. 

The committee shall consist of fifteen members, who 
shall be influential citizens in their communities and recog- 
nized for their interest in youth. The governor, by and 
with the advice and consent of the council, shall appoint 
five to serve for six years, five to serve for four years, and 
five to serve for two years. Thereafter each member shall 
be appointed and confirmed for six years. Vacancies shall 
be filled by the governor for the unexpired term, subject 
to the advice and consent of the council. Failure to attend 
four successive regular meetings shall disqualify a member 
for further service and his position shall thereby be vacated. 
The committee shall elect from its members a chairman 
and a vice-chairman. The chairman or a member of the 
youth service board, designated by the chairman of said 
board, shall serve as secretary to the committee. A majority 
shall constitute a quorum. The committee shall hold 
meetings at the call of its chairman or of the youth service 
board or at the request of any three members of the com- 
mittee at such times and places as its chairman may deter- 
mine, but it shall hold not less than six meetings annually. 
The committee shall make such rules and orders for the 
regulation of its own proceedings as it shall deem necessary. 
The several members of the committee shall serve with- 
out compensation but shall be reimbursed for their necessary 
expenses incurred in connection with travel in the discharge 
of their official duties. 

Before the convening date of each regular session of the 
general court, the committee shall make a report to the gover- 
nor and general court of its activities and accomplishments. 
The report may include specific recommendations for legis- 
lation, planned and drafted as a part of an integrated, unified 
and consistent program to serve the best interests of youth; 
and recommendations for the repeal of any conflicting, ob- 
solete or otherwise undesirable legislation affecting youth. 

Section 3./^ection 52 of chapter 119 of the General g-i-jTir ^^ 
Laws, as appearing in the Tercentenary Edition, is hereby ameAded." 
amended by striking out, in line 8, the words "or by im- 
prisonment for life", — so that the third paragraph will 
read as follows : — 

"Delinquent child", a child between seven and seventeen "Delinquent 
who violates any city ordinance or town by-law or commits °^''^ ' '^^fi"*"*- 
an offence not punishable by death. / 

Section 4. Said chapter 119 is hereby further amended Edo.' iTl.'^'i 58, 
by striking out section 58, as amended, and inserting in etc.. 'amended. 
place thereof the following section : — Section 58. At the Adjudication. 
hearing of a complaint against a child the court shall examine 
such child and any witnesses that appear, and take such 
testimony relative to the case as shall be produced. If the 



276 



Acts, 1948. — Chap. 310. 



Proceedings 
after adjudi- 
cation. 



G. L. (Ter. 
Ed.), 119. 
§58A, 
amended. 

G. L. (Ter. 
Ed.), 119, § 60, 
etc., amended. 



Record of 
proceedings 
not admissible 
as evidence. 

Exceptions. 



allegations against a child are proved, he may be adjudged 
a wayward child or delinquent child. 

'If a child is adjudged a wayward child, the court may 
place him in the care of a probation officer for such time 
and upon such conditions as may seem proper, or may deal 
with him in the manner provided for the disposal of the 
case of a neglected child, except that it may not commit 
him to the custody of the department, but may commit 
him to the custody of the youth service board. 

If a child is adjudged a delinquent child, the court may 
place the case on file, or may place the child in the care of a 
probation officer for such time and on such conditions as 
may seem proper, or may commit him to the custody of 
the youth service board. If it is alleged in the complaint 
upon which the child is so adjudged that a law of the com- 
monwealth has been violated, the court may, with the con- 
sent of the youth service board, commit to the custody of 
said board and authorize it to place such child in charge of 
any person, and, if at any time thereafter such child proves 
unmanageable, to transfer such child to that facility which 
in the opinion of said board, after study, will best serve the 
needs of the child, but not for a longer period than until 
such child becomes twenty-one. The youth service board 
may provide for the maintenance, in whole or in part, of 
any child so placed in charge of any person. 

If a child adjudged a wayward child or delinquent child 
is placed on probation by the superior court, he may be 
placed in the care of a probation officer of the district court, 
including in such term the Boston juvenile court, within 
the judicial district in which such child resides. 

The court may commit such delinquent child to the 
youth service board, but it shall not commit such child 
to a jail or house of correction, nor to the Lyman school, 
the industrial school for boys, or the industrial school for 
girls, nor to any other institution supported by the common- 
wealth for the custody, care and training of delinquent or 
wayward children or juvenile offenders. 

Section 5. Said chapter 119 is hereby further amended 
by striking out section 58 A. 

Section 6. Section 60 of said chapter 119, as amended 
by section 1 of chapter 174 of the acts of 1938, is hereby 
further amended by adding at the end the words : — ; nor 
shall such adjudication or disposition or evidence operate 
to disqualify a child in any future examination, appoint- 
ment, or application for public service under the government 
either of the commonwealth or of any political subdivision 
thereof, — so as to read as follows : — Section 60. An 
adjudication of any child as a wayward child or delinquent 
child under sections fifty-two to fifty-nine, inclusive, or the 
disposition thereunder of any child so adjudicated, or any 
evidence given in any case arising under said sections, shall 
not be lawful or proper evidence against such child for any 
purpose in any proceeding in any court, and records in cases 



Acts, 1948. — Chap. 310. 277 

arising against any child under said sections shall not be 
received in evidence or used in any way in any such pro- 
ceeding, except in subsequent proceedings for waywardness 
or delinquency against the same child and except in im- 
posing sentence in any criminal proceeding against the same 
person; nor shall such adjudication or disposition or evidence 
operate to disqualify a child in any future examination, 
appointment, or application for pubhc service under the 
government either of the commonwealth or of any political 
subdivision thereof. 

Section 7./^ Section 61 of said chapter 119, as appearing g. l. (Xer. 
in the Tercentenary Edition, is hereby amended by inserting amendid.' ^ °^' 
after the word "child", in line 2, the words: — between 
fourteen and seventeen years of age, — so as to read as 
follows : — Section 61 . If it be alleged in a complaint made Commission 
under sections fifty-two to sixty-three, inclusive, that a Cffenc" by^ 
child between fourteen and seventeen years of ageljhas ^hiid. 
committed an offence against a law of the commonwealth, disposition. 
or has violated a city ordinance or town by-law, and the 
court is of opinion that his welfare, and the interests of the 
public, require that he should be tried for said offence or 
violation, instead of being dealt with as a delinquent child, 
the court ma3^ after a hearing on said complaint, order it 
dismissed, y 

Section 8. Said chapter 119 is hereby further amended ej^IL^s 
by striking out section 68, as amended, and inserting in etc!, 'ameAded^' 
place thereof the following section : — Section 68. A child Care of chii- 
between seven and fourteen years of age, held by the court examination'^ 
for further examination, trial or continuance, or to prosecute "'^ *"'^'' 
an appeal to the superior court, if unable to furnish bail shall 
be committed by the court to the care of the youth service 
board or of a probation officer who shall provide for his 
safe-keeping and for his appearance at such examination 
or trial, or at the prosecution of his appeal. 

A child between fourteen and seventeen years of age so 
held by the court if unable to furnish bail shall be so com- 
mitted to the youth service board with its consent, or to a 
probation officer, unless the court on immediate inquiry 
shall be of opinion that such child should be committed to 
jail, in which case said child may be committed to jail. 

The youth service board may provide special foster homes 
for the care, maintenance and safe-keeping of such children 
between fourteen and seventeen years of age who may be 
committed by the court to the youth service board under 
this section; provided, that no more than five such children 
shall be detained in any such foster home at any one time. 

A child between seven and seventeen years of age so 
committed by the court to jail or to the youth service board 
to await further examination or trial by the Boston juvenile 
court or a district court shall be returned thereto within 
fifteen days after the date of the order of such commitment, 
and final disposition of the case shall thereupon be made by 
adjudication or otherwise; unless, in the opinion of the 



278 



Acts. 1948. — Chap. 310. 



G. L. (Ter. 
Ed.), 119, new 
§ 69A, added. 

Information 
on committed 
person to be 
available to 
board. 



G. L. (Ter. 
Ed.), 119, § 72, 
etc., amended. 

Jurisdiction of 
courts in their 
juvenile 
sessions con- 
tinued, etc. 



G. L. (Ter. 
Ed.), 119, § 73, 
etc., amended. 



court, the interests of the child and the public otherwise 
require. 

Any child committed to jail under this section shall, 
while so confined, be kept in a place separate and apart 
from all other persons committed thereto who are seventeen 
years of age or over, and shall not at any time be permitted 
to associate or communicate with any other such persons 
committed as aforesaid, except when attending religious 
exercises or receiving medical attention or treatment. 

The provisions of section twenty-four of chapter two 
hundred and twelve relative to the precedence of cases of 
persons actually confined in prison and awaiting trial shall 
apply to children held in jail under this section to prosecute 
appeals to the superior court. 

Said probation officer shall have all the authority, rights 
and powers in relation to a child committed to his care 
under this section, and in relation to a child released to 
him as provided in section sixty-seven, which he would have 
if he were surety on the recognizance of such child. 

Section 9. Said chapter 119 is hereby further amended 
by inserting after section 69 the following section : — Sec- 
tion 69 A. When a person has been committed to the youth 
service board, the court, the probation oflficers, and other 
public and police authorities, the school authorities, and 
other public officials shall make available to said board all 
pertinent information in their possession in respect to the case. 

Section 10. Said chapter 119 is hereby further amended 
by striking out section 72, as amended, and inserting in 
place thereof the following section : — Section 12. Courts 
may continue to exercise jurisdiction in their juvenile sessions 
over children who become seventeen years of age or who 
pass the age limit for bringing the kind of complaint or 
proceeding before the court, pending adjudication on their 
cases, or during continuances 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 child over seventeen years of age 
to the youth service board, 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 ordered com- 
mitted has passed the age limit for commitment to the youth 
service board to which he was sentenced or ordered com- 
mitted. 

Section 11. Section 73 of said chapter 119, as amended 
by chapter 202 of the acts of 1945, is hereby further amended 



Acts, 1948. — Chap. 310. 279 

by striking out all after the word "commit", in line 4, and 
inserting in place thereof the words : — children under 
seventeen years of age to the custody of the youth service 
board, but may not commit such children to the Lyman 
school or to the industrial schools., — so as to read as fol- 
lows: — Section 73. In criminal proceedings under the Commitments 
following sections, district courts other than the municipal servfce'board. 
court of the city of Boston, the Boston juvenile court and 
trial justices may commit children under seventeen years 
of age to the custody of the youth service board, but may 
not commit such children to the Lyman school or to the 
industrial schools. 

Section 12./^aid chapter 119 is hereby further amended ^dV iTo"^'* 74 
by striking out section 74, as amended by section 1 of chapter etc', 'amended. ' 
196 of the acts of 1933, and inserting in place thereof the 
following section: — Section 74. Criminjil proceedings shall ^^'^^^^f;',^ , 
not be begun against any child between [fourteen and seven- against ^ 

teen years of age, except for offences punishable by deatl\{, tJj^eenTourteen "^ 
unless proceedings against him as a delinquent child have ^""^ seventeen. 
been begun and dismissed as required by section sixty-one..^-^ 

Section 13:^Said chapter 119 is hereby further amended ^dViig'^'s 7.5 
by striking out section 75, as amended, and inserting in etc!, 'amended. ' 
place thereof the following section : — Section 75. Upon Complaint 
complaint against any child between fourteen and seventeen '^"^ warrant, 
years of age against whom proceedings have been begun 
and dismissed as required by section sixty-one for any offence 
not punishable by death,-^' such "Court or trial justice shall 
examine, on oath, the complainant and the witnesses pro- 
duced by him, shall reduce the complaint to writing and 
cause it to be subscribed by the complainant, and may 
issue a warrant reciting the substance of the accusation 
and requiring the officer to whom it is directed forthwith 
to take the person accused and bring him before said court 
or trial justice, to be dealt with according to law, and to 
summon such witnesses as shall be named therein to appear 
and give evidence on the examination. The provisions of 
section fifty-five shall apply to proceedings under this 
section except that the summons shall require the person 
summoned to show cause why the child should not be com- 
mitted to the'custody of the youth service board. / r-^ ' ^ 

Section 14. Said chapter 119 is hereby further amended EJ^j^g^'j 7^ 
by striking out section 76, as appearing in the Tercentenary ameAded.' 
Edition, and inserting in place thereof the following sec- 
tion: — Section 76. The court or trial justice before whom child may be 
a child is brought on a complaint under the preceding section, ^ugtody'o^f 
with the consent of the youth service board, may commit board. 
him to the custody of said board and authorize it to place 
him in charge of any person, or, if such child proves un- 
manageable, to transfer him to that facility which in the 
opinion of said board, after study, will best serve the needs 
of the child, until the child becomes twenty-one years of age. 
Said board may provide for the maintenance, in whole or 
in part, of any such child so placed in charge of a person. 



280 



Acts, 1948. — Chap. 310. 



G. L. (Ter. 
Ed.). 119, § 77, 
amentlpd. 

Warrant of 
commitment. 



The youth service board may discharge from custody any 
child committed to its care under this section. 

Section 15. Said chapter 119 is hereby further amended 
by striking out section 77, as so appearing, and inserting in 
place thereof the following section : — Section 77. At the 
time named in the summons, such court or trial justice 
shall examine the child and any person who appears in 
answer to the summons, and take such testimony relative 
to the case as may be produced. If the allegations are 
proved, and it appears that the child is a suitable subject 
for commitment to the custody of the youth service board, 
and that his moral welfare and the good of society require 
that he should be sent thereto for diagnosis, treatment or 
training, a warrant of commitment shall be issued in sub- 
stance as follows: 

The Commonwealth of Massachusetts. 

(County) ss. 

To the Sheriff of the County of or his Deputy, or any Con- 

stable or Police Officer in said County, and to the Youth Service 
Board at 

Greeting: 

Whereas, (name of person committed) of in the county 

of , a boy (or girl) between seven and seventeen (or eight- 

een) years of age. has this day been brought before the court 

of , by virtue of a summons (or warrant) issued to (against) 

him (or her) on the complaint of of in the 

county of , who therein, upon oath, says that said defendant, 

at in the county of , on the day 

of in the j'ear of our Lord one thousand nine hundred 

and , was guilty of as is more fully alleged in 

said complaint. 

And after hearing all matters and things concerning the same, and 
all persons entitled thereto having been summoned and notified of 
the pendency of said complaint, as required bj'^ law, it is adjudged by 
said court that said defendant is delinquent (guilty), and that he (or 
she) is of the age of years and months, and is 

a suitable subject for commitment to the custody of the youth service 
board, and that his (or her) moral welfare and the good of society 
require that he (or she) should be sent thereto for diagnosis, treatment 
and training; and it is thereupon ordered by said court that .said 
defendant stand committed to the custody of the youth service board 
during his (or her) minority (or until he or she reaches his or her twenty- 
third birthday), or until he (or she) be discharged according to law. 

You are therefore hereby required, in the Name of the Common- 
wealth OF Massachusetts, to take the said defendant and him (or 
her) carry to the youth service board and him (or her) deliver to the 
(designated officer) thereof, together with an attested copy hereof, 
and thereafterward forthwith to return this warrant with your doings 
thereon into said court. 

And you, the youth service board, are ahke required to receive said 
defendant into your custody, and him (or her) safely keep for diagnosis, 
treatment, instruction and training until the expiration of said term 
of his (or her) minority (or until he or she reaches his or her twenty- 
third birthday), or he (or she) be discharged according to law. 

Witness, at said this day of 

in the year of our Lord one thousand nine hundred and 

Clcrl. 
A true copy. 

Attest : {Constable of ) 

(Sheriff of ) 



Acts, 1948. — Chap. 310. 281 

No variance from said form shall be considered material 
if it sufficiently appears upon the face thereof that the child 
is committed by the court or trial justice in the exercise 
of the powers conferred by this chapter. The warrant 
may be executed by any officer qualified to serve civil or 
criminal process in the county where the case is heard. 
Accompanying the warrant, the court or magistrate shall 
transmit to the designated officer of the youth service board, 
by the officer serving it, a statement of the substance of the 
complaint and testimony given in the case, and such other 
particulars relative to the child committed as can be 
ascertained. 

Section 16. Section 79 of said chapter 119, as so appear- g. l. (Ter. 
ing, is hereby amended by inserting after the word "girls", am'eAded.' ^ ^^' 
in line 2, the words : — , or to the custody of the youth service 
board, — so as to read as follows: — Section 79. If a child warrant for 

.' . ii'ii-iii recommitment. 

previously committed to the Lyman school, industrial school 
for boys or industrial school for girls, or to the custody 
of the youth service board is again brought before a court 
or trial justice upon any such complaint, the case may be 
examined and a warrant issued for a recommitment of such 
child without issuing the summons required by se3tion 
fifty-five. 

Section 17. Said chapter 119 is hereby further amended laWTo'^'i so 
by striking out section 80, as so appearing, and inserting ameAded.' 
in place thereof the following section : — Section 80. If a chiid not com- 
child found guilty by a court or trial justice is not con- bo"ndto '''' 
sidered a fit subject for commitment to the custody of the g^'^lrlor'^court 
youth service board, he shall be bound over to appear before 
the superior court according to the usual course of criminal 
proceedings. 

Section 18. Section 81 of said chapter 119, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in lines 1 and 2, the ameAded.' ' 
words "to the Lyman school or industrial school for boys 
or the industrial school for girls" and inserting in place 
thereof the words : — to the custody of the youth service 
board, — and by striking out, in line 3, the words "or sen- 
tenced under the preceding section,", — so as to read as 
follows: — Section 81. A child ordered committed to the Appeal, 
custody of the youth service board, by authority of section 
seventy-three, may appeal to the superior court, and the 
appeal shall be there entered, tried and determined in like 
manner and subject to like provisions as appeals from trial 
justices in criminal cases. 

Section 19. Section 82 of said chapter 119, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in line 2, the words amended.' ^ ^^' 
"industrial school for girls" and inserting in place thereof 
the words: — custody of the youth service board, — so as 
to read as follows : — Section 82. Warrants issued by trial Jfi^|'"''J'/,-pp^ 
justices for the commitment of girls to the custody of the for commit- 
youth service board may be returned to the clerks of the If'^l rl^rlLi 
superior court, and fees thereon shall be allowed in the *°s"pe"or 

'^ ' . . . , 1 . court. 

same manner as expenses m criminal proceedings. 



282 



Acts, 1948. — Chap. 310. 



G. L. (Ter. 
ICd.). 119, § 83, 
amended. 

Sentences in 
superior court. 



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

Pardons by 
governor. 



G. L. (Ter. 
Ed.), 120, 
amended. 



Youth service 
board, a cor- 
poration to 
succeed 
trustees of 
Massachusetts 
training 
schools, etc. 



Board to 
manage state 
schools and 
institutions 
except Massa- 
chusetts 
reformatory. 



Board to 
appoint 
officers and 
employees. 



Board to 

establish rules 
and regula- 



Section 20. Said chapter 119 is hereby amended by- 
striking out section 83, as so appearing, and inserting in 
place thereof the following section : — Section 83. A boy 
between fourteen and eighteen convicted in the superior 
court of an offence punishable by imprisonment may be 
committed to the custody of the youth service board until 
he becomes twenty-three years of age or to such punishment 
as is otherwise provided by law. Upon a commitment 
under this section, the statement and certificate required 
by sections seventy-seven and seventy-eight shall be made 
and transmitted as therein provided. 

Section 21. The first paragraph of section 152 of chapter 
127 of the General Laws, as appearing in chapter 479 of the 
acts of 1939, is hereby further amended by adding after the 
second sentence the following sentence : — If a sentence to 
death is imposed upon a child under seventeen years of age, 
and if before he reaches the age of seventeen, the governor 
pardons such child and commits him to the custody of the 
youth service board, said board shall assume control over 
him subject to the provisions of sections seventeen to twenty, 
inclusive, of chapter one hundred and twenty. 

Section 22. The General Laws are hereby amended by 
striking out chapter 120 and inserting in place thereof the 
following chapter, under the heading: — youth service 

BOARD AND MASSACHUSETTS TRAINING SCHOOLS. 

Section 1. The youth service board, in this chapter 
called the board, shall be a corporation for the purpose of 
taking, holding and investing in trust for the commonwealth, 
subject to section fifteen of chapter ten, any grant or devise 
of land or any gift or bequest made at any time for the use 
of any institution of which the board has the management, 
government and care, and it shall succeed to and retain the 
rights, powers and duties formerly held or acquired by the 
trustees of the Massachusetts training schools, except as 
provided in said section. 

Section 2. The board shall have the management, gov- 
ernment and care of the Lyman school for boys at West- 
borough, the industrial school for girls at Lancaster, the 
industrial school for boys at Shirley, and of all other institu- 
tions, except the Massachusetts reformatory, supported by 
the commonwealth for the custody, diagnosis, care and 
training of delinquent or wayward children or habitual 
truants or habitual absentees or habitual school offenders or 
juvenile offenders, and of all children committed thereto. 
The board shall have control of the land and buildings of 
said schools. 

Section 3. The board shall from time to time appoint a 
superintendent and a physician of each of said schools and 
institutions, and shall, in accordance with law appoint all 
other officers and employees required at said schools and 
institutions and shall prescribe their duties. 

Section Jf. Subject to the approval of the governor and 
council, the board shall establish rules, regulations, and 



Acts, 1948. — Chap. 310. 283 

by-laws for the government of each institution and shall see tions for 
that its affairs are conducted according to law and to such '"^t't^t^^^^s- 
rules, regulations, and by-laws; but the purpose thereof 
and of all education, employment, training, discipline, 
recreation and other activities carried on in the institutions 
shall be to restore and build up the self-respect and self- 
reliance of the children lodged therein and to qualify them 
for good citizenship and honorable employment. The board 
may make and enforce all rules appropriate to the proper 
accomplishment of its functions. 

Section 6. (a) When a person has been committed to the Rules govem- 
board, it shall, under rules established by it, forthwith uon'^by'thT' 
examine and study him and investigate all pertinent cir- board of a 

«,.,.« Ill • person com- 

cumstances oi his uie and behavior. mUted to it. 

(6) The board shall make periodic re-examination of all 
persons within its control, except those on parole or in foster 
homes. These examinations may be made as frequently as 
the board considers desirable, and shall be made with respect 
to every person at intervals not exceeding one year. 

(c) The board shall keep written records of all examina- 
tions and of the conclusions based thereon, and of all orders 
concerning the disposition or treatment of every person 
subject to its control. 

(d) Failure of the board to examine a person committed 
to it, or to re-examine him within one year of a previous 
examination, shall not of itself entitle the person to dis- 
charge from the control of the board, but shall entitle him 
to petition the committing court for an order of discharge, 
and the court shall discharge him unless the board upon 
due notice satisfies the court of the necessity for further 
control. 

Section 6. When a person has been committed to the Board may 
board, it may after an objective consideration of all available fine, etc.? per- 

information son 'committed 

(a) Permit him his liberty under supervision and upon 
such conditions as it believes conducive to law-abiding 
conduct; or — 

(6) Order his confinement under such conditions as it 
believes best designed for the protection of the public ; or — 

(c) Order reconfinement or renewed release as often as 
conditions indicate to be desirable; or — 

{d) Revoke or modify any order, except an order of final 
discharge, as often as conditions indicate to be desirable; 
or — 

(e) Discharge him from control when it is satisfied that 
such discharge is consistent with the protection of the public. 

Section 6 A . As a means of correcting the socially harmful Board may try 
tendencies of a person committed to it, the board may — tend" "des in 

(a) Require participation by him in vocational, physical, n,i^ted°to*'it'"' 
educational, and correctional training and activities. by certain 

{h) Require such modes of life and conduct as seem best '"*^ 
adapted to fit him for return to full liberty without danger 
to the public. 



284 



Acts, 1948. — Chap. 310. 



Superintend- 
ent, etc., of 
school re- 
sponsible for 
rehabilitation 
program pre- 
scribed by 
board. 



Superintend- 
ent to file bond 
for faithful . 
performance 
of duties. 



Henry B. 
Rogers fund. 



Board may 

use all cor- 
rectional facili- 
ties in carrying 
out its duties. 



Board not to 
control public 
agencies other 
than those in 
section two. 



(c) Provide such medical or psychiatric treatment as is 
necessary. 

Section 7, The superintendent of each school or other 
institution, with the subordinate officers, shall have general 
charge of and be responsible for the welfare and custody 
of the children lodged therein, and for carrying out the 
rehabilitative program prescribed by the board. He shall 
be a constant resident at the school, and, under the direction 
of the board, shall seek to establish relationships and to 
organize a way of life that will meet the moral, physical, 
emotional, intellectual and social needs of the children under 
his care as those needs would be met in an adequate home. 

Section 8. Each superintendent shall before entering 
upon his duties give bond to the commonwealth, with sureties 
approved by the governor and council, in such sum as the 
comptroller may prescribe, conditioned that he shall faith- 
fully perform all his duties and account for all money re- 
ceived by him as superintendent. The bond shall be filed 
in the office of the state treasurer. Each superintendent 
shall have charge of all the property of the institution within 
the precincts thereof. He shall keep accounts of all his 
receipts and expenditures, and of all property intrusted to 
him, showing the income and expenses of the institution; 
and shall account to the board, in such manner as it may 
require, for all money received by him. His books and all 
documents relative to the school shall at all times be open to 
the inspection of the board. 

Section 9. The superintendent of the industrial school 
for girls, under the direction of the board, shall purchase 
books with the income and profits and according to the 
terms of the donation of Henry B. Rogers. 

Section 10. (a) For the purpose of carrying out its 
duties, the board is authorized to make use of law enforce- 
ment, detention, supervisory, penal, medical, educational, 
correctional, segregative, and other facilities, institutions 
and agencies, whether public or private, within the common- 
wealth, provided that the board shall not transfer custody 
of any person who was committed to it by a juvenile court 
and who is under twenty-one to a penal institution. The 
board may enter into agreements with the appropriate 
private or public officials for separate care and special treat- 
ment in existing institutions of persons subject to the control 
of the board. 

(h) Nothing herein shall be construed as giving the board 
control over existing facilities, institutions or agencies 
other than those listed in section two, or as requiring such 
facilities, institutions or agencies to serve the board in- 
consistently with their functions, or with the authority of 
their officers, or with the laws and regulations governing 
their activities; or as giving the board power to make use of 
any private institution or agency without its consent; or to 
pay a private institution or agency for services which a public 
institution or agency is willing and able to perform. 



Acts, 1948. — Chap. 310. 285 

(c) Public institutions and agencies are hereby required Public institu- 

»/ 1 lions rcnmrcfl 

to accept and care for delinquent children or convicted to accept and 
persons sent to them by the board in the same manner as un'i^ue'nt*^^' 
they would be required to do had such persons been com- '•"•tire". 
mitted thereto by a juvenile court, district court, or superior 
court. 

(d) The board is hereby given the right and shall be re- inspection. 
quired periodically to inspect all public and all private 
institutions and agencies whose facilities it is using. Every 
institution and agency, whether public or private, is required 

to afford the board reasonable opportunity to examine or 
consult with persons committed to the board who are for the 
time being in the custody of the institution or agency. 

(e) Placement of a person by the board in any institution Control of 
or agency not operated by the board, or the release of such ^e"rmfnateci. 
person from such an institution or agency, shall not termi- 
nate the control of the board over such person. No person 
placed in such institution or under such an agency may be 
released by the institution or agency without the approval 

of the board. 

Section 10 A. The board may send to the Tewksbury Board may 
sta.te hospital and infirmary any child in its custody who is ftTcus'ody'to 
in need of hospital treatment. A child so transferred shall ^l^g^^^sTtai 
be subject to the regulations of said hospital and infirmary ' 
and shall be in the exclusive custody of the superintendent 
and trustees thereof until they determine that he has suf- 
ficiently recovered to be returned to the custody of the 
board. Thereupon they shall so certify upon the warrant 
of commitment and give written notice to the board, which, 
upon receipt of such notice, shall cause such child to be 
returned to its custody, subject to the provisions of this 
chapter. 

Section 11. When funds are available for the purpose, Board may use 
the board may (a) establish and operate places for detention tdesubLh'"''^ 
and diagnosis of all persons committed to it; (6) establish faciuties^to^ 
and operate additional treatment and training facilities committed 
necessary to classify and segregate and handle delinquents *^° "^■ 
and juvenile offenders of different ages, habits and mental 
and physical condition according to their needs; (c) estab- 
lish facilities to aid persons given conditional release or 
discharged by the board to find employment and to lead a 
law-abiding existence. 

Section 12. The board may release on parole at any Parole, 
time, and may place children in its custody in their usual p'?.^^ 
homes or in any situation or family that has been approved *^ ' 
by the board; except that no child shall be returned to his 
own home immediately after commitment and the initial 
diagnosis without the approval of the committing court. 
The board may, subject to appropriation, employ agents 
for investigating places and for visiting and supervising 
children, and may provide for the maintenance, in whole or 
in part, of any child so placed in charge of any person. Im- 
mediately on placing children the board shall give notice to 



286 



Acts, 1948. — Chap. 310. 



Escape or 
breach of 
par(jle. 

Arrest. 



New commit- 
ment author- 
ized in certain 
cases. 



Transfer to 
the board from 
Massachusetts 
reformatory. 



Term of 
detention. 

Discharge. 



Board may 
apply for order 
that person 
remain under 
their control 
under certain 
conditions. 



the department of public welfare of the name of each child 
so placed and of the name and residence of the person to 
whose care he is intrusted. The board may, at any time 
until the expiration of the period of commitment, resume 
the care and custody of any child released on parole. The 
board shall place children in families or homes of the 
religious belief of such children, but if this be impracticable 
then due regard shall be had to the locality, and, if practica- 
ble, the home shall be such that the children shall have the 
opportunity to attend religious worship of their own belief. 
Section 13. A boy or girl committed to the board and 
placed by it in any institution or facility, who has escaped 
therefrom, or who has been released on parole and broken 
the conditions thereof, may be arrested without a warrant 
by a sheriff, deputy sheriff, constable, police officer, or 
parole officer employed by the board, and may be kept in 
custody in a suitable place and there detained until such 
boy or girl may be returned to the custody of the board. 

Section I4. Whenever the board finds that any person 
committed to it is insane or feeble minded or a defective 
delinquent, within the meaning of chapter one hundred and 
twenty-three, or a sexual psychopath, within the meaning of 
chapter one hundred and twenty-three A, the board may 
make application to the proper court, for a new commitment 
to the appropriate agency in accordance with law. 

Section 15. With the consent of the board, the commis- 
sioner of correction may transfer to the custody of the board 
any boy under seventeen sentenced to the Massachusetts 
reformatory, or any girl under seventeen sentenced to the 
reformatory for women, for such disposition as in the opinion 
of the board, after study, will best serve the needs of the 
boy or girl and best protect the interests of the public. 

Section 16. Every person committed to the board as a 
wayward child or delinquent child, if not already discharged, 
shall be discharged when he reaches his twenty-first birth- 
day, unless a petition is filed by the board under section 
seventeen. Every person committed to the board after 
conviction in criminal proceedings, unless already discharged, 
shall be discharged when such person reaches his twenty- 
third birthday, unless a petition is filed by the board under 
section seventeen. 

Section 17. Whenever the board is of the opinion that 
discharge of a person from its control at the age limit stated 
in section sixteen would be physically dangerous to the 
public because of the person's mental or physical deficiency, 
disorder or abnormality, the board shall make an order 
directing that the person remain subject to its control be- 
yond the period and shall make appHcation to the committing 
court for a review of that order by the court. The order 
and application shall be made at least ninety days before 
the time of discharge stated in section sixteen. The applica- 
tion shall be accompanied by a written statement of the 
facts upon which the board bases its opinion that discharge 



Acts, 1948. — Chap. 310. 287 

From its control at, the time st.a( ed would he. ' physically 
dangerous to the public, but no such application shall be 
dismissed nor shall the order l)c discharged, merely because 
of its form or an asserted insufficiency of its allegations; 
every order shall be reviewed upon its merits. 

Section IS. If the board applies to the court for review Hearing by 
of an order as provided in section seventeen, the court shall review°of an 
notify the person whose liberty is involved, and if he or °"''*''- 
she be not sui juris, his parent or guardian (if such person 
can be reached and if not the court shall appoint a person 
to act in the place of the parent or guardian), of the appHca- 
tion, and shall afford him an opportunity to appear in court 
with the aid of counsel and of process to compel attendance 
of witnesses and production of evidence. When he is unable 
to provide his own counsel, the court shall appoint counsel 
to represent him. 

If after a fidl hearing the court is of opinion that dis- 
charge of the person to whom the order applies would be 
physically dangerous to the public because of his mental or 
physical deficiency, disorder, or abnormality the court shall 
confirm the order of the board. If the court is of opinion 
that discharge of the person from continued control of the 
board would not be physically dangerous to the public, the 
court shall disapprove the order of the board and shall order 
the person to be discharged from its control. 

Section 19. When an order of the board is confirmed as i" certain cases 
provided in section eighteen, the control of the board over mTke i^w 
the person shall continue, subject to the provisions of this f^r'^'eTiew" 
chapter; but, unless the person is previously discharged in of order. 
accordance with section six (e), the board shall, within two 
years after the date of such a confirmation in the case of 
persons committed as wayward children or delinquent 
children, or within five years after the date of such a con- 
firmation in the case of persons committed after conviction 
in criminal proceedings, make a new order and a new applica- 
tion for review thereof in accordance with the provisions of 
section seventeen. Such orders and applications may be 
repeated at intervals as often as in the opinion of the board 
may be necessary for the protection of the public, except 
that the board shall have power, in order to protect other 
children and adolescents, to transfer the custody of any 
person over twenty-one years of age to the department of 
correction for placement in the appropriate institution. 

Every person shall be discharged from the control of the 
board at the termination of the period stated in this section 
unless the board has previously acted as therein required, 
and shall be discharged if the court fails to confirm the order 
as provided in section eighteen. 

Section 20. (a) If under the provisions of sections eighteen Appeal from 
and nineteen the court confirms an order, the person whose couh*"" " 
liberty is involved may appeal to the superior court for a 
reversal or modification of the confirmation. The appeal 
shall be taken in the manner provided by law for appeal 



288 



Acts, 1948. — Chap. 310. 



Coiniiiitiiient 
to board not 
to disqualify 
person from 
future public 
service. 



Hoard to 
report ou 
progress of 
its activities. 



to the said court from judgments of an inferior court in 
criminal cases. 

(b) After the hearing of the appeal the superior court 
may affirm the order of the lower court, or modify it, or 
reverse it and order the appellant to be discharged by the 
board. 

(c) Pending the appeal the appellant shall remain under 
the control of the board. 

Section 21. Commitment to the custody of the board of 
a wayward child or delinquent child shall not operate to 
disqualify a child in any future examination, appointment 
or application for public service under the government 
either of the commonwealth or of any political subdivision 
thereof. 

Whenever a person committed to the board by a court 
upon conviction of a crime is discharged from its control 
such discharge shall, when so ordered by the board, restore 
such person to all civil rights and shall have the effect of 
setting aside the conviction. The conviction of such a 
person shall not operate to disqualify him for any future 
examination, appointment or application for public service 
under the government either of the commonwealth or of 
any political subdivision thereof. 

The records of commitment to the board shall be with- 
held from public inspection except with the consent of the 
board, but such records concerning any child who at the 
time of commitment was between seven and seventeen 
years of age shall be open, at all reasonable times, to the 
inspection of the child, his or her parent or parents, guardian 
or attorney, or any of them. A commitment to the board 
shall not be received in evidence or used in any way in any 
proceeding in any court except in subsequent proceedings 
for waywardness or delinquency against the same child, 
and except in imposing sentence in any criminal proceeding 
against the same person. 

Section 22. The board shall conduct continuing inquiry 
into the effectiveness of the treatment methods it employs 
in seeking the reformation of juvenile and youthful offenders. 
To this end the board shall obtain from the board of proba- 
tion all court record information on its wards compiled sub- 
sequent to their discharge from the jurisdiction of the board, 
and with the co-operation of the board of probation tabulate 
and analyze these data so that they may be used to evaluate 
the relative merits of methods of treatment. The results 
of such studies shall be made available to the public in each 
annual report of the board. The board shall make an annual 
report to the governor and to the general court containing, 
in addition to other matters required by law, a statement 
of the number of persons committed to the board during 
the preceding fiscal year and of the disposition made of such 
persons and of all other persons under its supervision during 
said year. The report shall include such inventories as the 
institutions under the board's supervision are required by 



Acts, 1948. — Chap. 310. 289 

law to make, a statement of the condition and needs of the 
facilities under its supervision, and of the progress made 
towards an integrated rehabilitory system capable of giving 
the most effective individual treatment for rehabilitation. 
The report shall include such recommendations for legislation 
as the board may wish to make. 

Section 23. The board may act as guardians for any Board may be 
boy or girl in its charge under twenty-one who has neither o^chiidren. 
parent living nor guardian, with all the power and authority 
conferred by chapter two hundred and one, except that 
when a guardian is appointed, the powers herein conferred 
shall cease. 

Section. 23 A. Annually on or before November thirtieth, nispositio.. of 
the board shall pay to the state treasurer all unclaimed moneyT^ 
money held by it for the benefit of any former ward of the 
board whose whereabouts are then unknown to it and have 
been unknown for seven years subsequent to his becoming 
of age. At the time of so paying over any such money, the 
board shall certify to the comptroller the amount of such 
money then held for the benefit of each former ward, his 
full name, age, if known, and last known address, the names 
of his parents, if known, and such further information as it 
deems relevant; and said comptroller shall make and keep 
a record thereof. 

Section 24- The board may expend any money given Board may 
for the purpose in erecting houses or other buildings on the f^f i,und?n"fr^ 
land of the commonwealth at Lancaster, for increasing the etc. 
accommodation of the industrial school, if the plans therefor 
are first approved by the JNIassachusetts public building 
commission. 

Section 25. The provisions of this chapter relative to children oom- 
commitment to the custody of the board shall extend to ?t''**®^ ^Y . 

• 1 • 1 .11 1 . PI United States 

boys and girls committed by authority oi the courts or courts. 
magistrates of the United States. 

Section 26. Whoever aids or assists a child in the custody Aiding in 
of the board to escape or attempt to escape shall be punished escape 
by a fine of not more than five hundred dollars or by im- 
prisonment for not more than two years. 

Section 23. Chapter 18 of the General Laws is hereby ^ l (Ter. 
amended by striking out section 5, as appearing in the ^^;^;;^jg^j ^ ^• 
Tercentenary Edition, and inserting in place thereof the ^""^ 
following section : — Section 5. The commissioner shall Divisions in tiie 
organize in the department a division of aid and relief and a department. 
division of child guardianship, each in charge of a director. 

Section 24. Sections 11 to 16, inclusive, of said chapter q ^^ ^^^^ 
18 are hereby repealed and the heading division of juve- Ed.), is. §§ n 
NILE training preceding section 11 is hereby stricken out. " - "■«?»«« 

Section 25. Section 6 of chapter 121 of the General g-L. (Ter 
Laws, as most recently amended by section 11 of chapter etc!, 'amended'. 
351 of the acts of 1941, is hereby further amended by striking 
out, in lines 2 and 3, as appearing in the Tercentenary 
Edition, the words "the Lyman school for boys, the industrial 
school for girls, the industrial school for boys,", — so as to 



290 



Acts, 1948. — Chap. 310. 



Supervision 
of state 
institutions. 



G. L. (Ter. 
Ed.). 121. § 7, 
etc., amended. 



Visitations. 



G. L. (Ter. 
Ed.), 121, § 1.5, 
repealed. 
G. L. (Ter. 
Ed.), 123, 
§ 113, etc., 
amended. 



Commitment 
to board for 
defective de- 
linquents or 
for drug 
adllict^•. 



rea(i as follows ; — Section 6. The department shall have 
general supervision of the Tewksbury state hospital and 
infirmary and the Massachusetts hospital school; and may 
delegate any of its powers and duties to and execute any 
of its functions by agents appointed for the purpose. 

SECTfON 26. Section 7 of said chapter 121, as most 
recently amended by chapter 404 of the acts of 1941, is 
hereby further amended by striking out, in line 10, the 
words "and the Lyman school for boys,", — so as to read 
as follows : — Section 7. The department may, at any 
time, visit all places where persons who have no legal settle- 
ment are supported, and ascertain from actual examination 
and inquiry whether the laws relative to such persons are 
properly observed, particularly in relation to such as are 
able to labor; and shall give such directions as will insure 
correctness in the returns required in relation to persons 
aided; and may use necessary means to collect information 
relative to their support. It shall visit the Tewksbury state 
hospital and infirmary for the purpose of inspection, at 
least once a month, and, by women appointed for the pur- 
pose, may at all hours of the day or night have access to the 
portions of said first mentioned institution occupied by the 
women or children there maintained at public expense, and 
may require from the officers of said institutions information 
concerning the condition and treatment of the inmates. 
It shall visit all infirmaries maintained in towns. It shall 
visit and inspect, at least once a year, every wayfarers' 
lodge and every public lodging house in the commonwealth, 
and for this purpose may enter upon any premises where 
such lodge or lodging house is maintained at any time of 
the day or night. It shall upon the request or with the 
consent of a charitable corporation which, under section 
twelve of chapter one hundred and eighty, is required to 
make an annual report to said department, at least once a 
year, visit and inspect the institution or investigate the 
work of such corporation. It may visit and inspect all 
places where persons are supported in families by towns. 

Section 27. Section 15 of said chapter 121 is hereby 
repealed. 

Section 28. Section 113 of chapter 123, as most recently 
amended by section 1 of chapter 684 of the acts of 1947, is 
hereby further amended by striking out, in lines 5 to 8, the 
words "the industrial school for boys, the industrial school 
for girls, the Lyman school, Siny county training school, 
or to the custody of the department of public welfare," and 
inserting in place thereof the words : — or to the custody 
of the youth service board, — so that the first sentence will 
read as follows: — At any time prior to the final disposition 
of a case in which the court might commit an offender to the 
state prison, the reformatory for women, any jail or house of 
correction, the Massachusetts reformatory, the state farm, 
or to the custody of the youth service board, for any offense 
not punishable by death, a district attorney, probation 



Acts, 1948. — Chap. 310. 291 

officer, or officer of the department of correction, public 
welfare or mental health may file in court an application 
for the commitment of the defendant in such a case to a 
department for defective delinquents established under 
sections one hundred and seventeen and one hundred and 
twentj^-four, or to a department for the care and treatment 
of drug addicts, established under authority of said sections. 

Section 29. Said chapter 123 is hereby further amended 9- 1- (Ter. 
by striking out section 114, as amended by section 2 of f in/etl'., 
chapter 185 of the acts of 1943, and inserting in place thereof ^'"cnded. 
the following section: — Section 11 4. If an offender while Rcmovaifrom 
under commitment to any of the institutions named in {J^/cal^lie o" 
section one hundred and thirteen, to the state prison colony violation of 
or to the custody of the youth service board, persistently '■<'""''*"'"■''■ 
violates the regulations of the institution or board in whose 
custody he is, or conducts himself so indecently or im- 
morally, or otherwise so grossly misbehaves as to render 
himself an unfit subject for retention in said institution or 
by said board, and it appears that such offender is mentally 
defective or addicted to the intemperate use of stimulants 
or narcotics, and is not a proper subject for a school for the 
feeble minded, a physician in attendance at such institution 
or a physician employed by said board shall make a report 
thereof to the officer in charge of said institution or to the 
youth service board, who shall transmit the same to one of the 
judges mentioned in section fifty. If it appears to said judge 
that such offender may be mentally defective the judge 
shall give notice to the department of mental health, and 
said department shall cause the offender to be examined 
by two experts in insanity with a view to determining whether 
or not the offender is mentally defective and shall cause a 
written report to be made to said judge. The judge shall 
make inquiry into the facts and if satisfied that the offender 
is mentally defective or so addicted, and not a proper subject 
for a school for the feeble minded, shall order his removal 
to a department for defective delinquents, or to a depart- 
ment for the care and treatment of drug addicts, as the case 
may be, according to his age and sex as hereinafter provided. 

Section 30. The invalidity of any section or provision 
of this act shall not invalidate any other section or provision 
thereof. 

Section 31. For the purpose of the appointment of the Effective date 
advisory committee on service to youth this act shall take Cf thiT'chap'ter. 
effect on its passage; for the purpose of the appointment 
of the youth service board this act shall take effect on 
September first in the current year and the remainder of 
this act shall take full effect on January first, nineteen 
hundred and forty-nine; provided, that the board shall 
have until July first, nineteen hundred and forty-nine to 
assemble the technical staff' necessary to make the diagnosis 
of each person committed to it as required by section five 
of chapter one huntht'd and twentv of the General Laws. 

Approved May IS, 19I,S. 



292 



Acts, 1948. — Chap. 311. 



Emergency 
I>roamblc. 



G. h. (Tcr. 
Kd.). ;{0, § 4.>, 
etc., amended. 



Classification 
of certain state 
offices and 
positions. 



Chap.Sll An Act establishing a permanent salary schedule 

FOR CERTAIN STATE OFFICERS AND EMPLOYEES AND PRO- 
VIDING FOR CERTAIN TEMPORARY COST-OF-LIVING AD- 
JUSTMENTS FOR SAID OFFICERS AND EMPLOYEES. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide without delay 
additional income for certain officers and employees of the 
commonwealth in view of the increase in the cost of living, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted f etc., as follows: 

Section 1. Chapter 30 of the General Laws is hereby 
amended by striking out section 45, as amended by section 1 
of chapter 678 of the acts of 1947, and inserting in place 
thereof the following : — Section J^5. All appointive offices 
and positions in the government of the commonwealth, 
except those in the judicial branch and those in the legislative 
branch, but including clerical assistants of registers of pro- 
bate, shall be classified by the division of personnel and 
standardization, subject to the approval of the governor and 
council, in services, groups and grades according to the 
duties pertaining to each office or position. Such classifica- 
tion shall be established by specifications defining for each 
grade the titles, duties and responsibilities, and minimum 
qualifications for entrance and promotion. The titles so 
designated shall be the official title of offices or positions 
included therein, and shall be set forth on all pay rolls, by 
name or code. The following words as used in this and the 
four following sections and in said classification shall have 
the following meanings : 

"Group" includes offices and positions in a separate 
profession, vocation, occupation or trade involving a dis- 
tinctive line of work which requires special education, 
training or experience; 

"Grade", a subdivision of a group, including all positions 
with substantially identical authority, duties and responsi- 
bility as distinct from all other grades in that group; 

"Promotion", a change from the duties of one grade to 
the duties of a higher grade; 

"Salary grade", the salary grades set forth in the salary 
schedule in section forty-six; 

"Rate", the salary rates in the salary grades set forth in 
said salary schedule. 

Section 2. Said chapter 30 is hereby further amended 
by striking out section 46, as amended by section 1 of chapter 
613 of the acts of 1947, and inserting in place thereof the 
following: — Section J,6. (1) Said division may make rules 
and regulations, subject to the approval of the governor and 
council, providing for the application and administration of 
the classification and the specifications established under 



Definitions. 



(i. T-. (Ter. 
Ed.). 30, § 46, 
etc., amendeti. 



Ilule» aiul 
regulations for 
application 
and adiiiini.s- 
t ration of sucli 
chiiisification. 



Acts, 1948. — Chap. 311. 



293 



spotion forty-five; and the salaries (»f all offi(;ers and em- 
ployees holding offices and positions required to he classified 
under said section, except those whose salaries are now or 
shall be otherwise regulated i)y law and those whose salaries 
are required by law to be fixed subject to the approval of the 
governor and council, shall be fixed in accordance with such 
classification and specifications. In said classification eacli 
office and position shall be allocated by said division to the 
proper salary grade in the following salary schedule : — 

General Salary Schedule. 





Incre- 
ment. 


Rates (on Total Cash Basis). 


Salary 

Grade 

No. 


Mini- 
mum. 


Second 
Year. 


Tiiird 
Year. 


Fourth 

through 

Seventh 

Year. 


Eighth 

through 

Eleventli 

Year. 


Maximum 

from 
Twelfth 

Year. 


1 


$120 


$1,200 


$1,320 


$1,440 


$1,560 


$1,080 


$1,800 


2 


120 


1,260 


1,380 


1,500 


1,620 


1,740 


1,860 


3 


120 


1,320 


1,440 


1.560 


1,080 


1,800 


1,920 


4 


120 


1,380 


1,500 


1.620 


1,740 


1,800 


1.980 


5 


120 


1,440 


1.560 


1,680 


1,800 


1,920 


2,040 


6 


120 


1,500 


1,620 


1,740 


1,800 


1,980 


2,100 


7 


120 


1,500 


1,680 


1,800 


1,920 


2,040 


2,100 


8 


120 


1,020 


1,740 


1,860 


1,980 


2,100 


2,220 


9 


120 


1,080 


1,800 


1,920 


2.040 


2,160 


2,280 


10 


120 


1,740 


1,860 


1,980 


2.100 


2,220 


2,340 


11 


120 


1,800 


1,920 


2,040 


2.160 


2,280 


2,400 


12 


120 


1,860 


1,980 


2,100 


2,220 


2,340 


2,400 


13 


120 


1,920 


2,040 


2,160 


2,280 


2,400 


2,520 


14 


120 


1,980 


2,100 


2,220 


2,340 


2,400 


2,580 


15 


120 


2,040 


2,160 


2,280 


2,400 


2,. '520 


2,040 


10 


120 


2,100 


2,220 


2,340 


2,460 


2,,')80 


2,700 


17 


120 


2,160 


2,280 


2,400 


2,520 


2,640 


2,760 


18 


120 


2,220 


2,340 


2,460 


2,580 


2,700 


2.820 


19 


120 


2,280 


2,400 


2,520 


2,640 


2,700 


2,880 


20 


120 


2,340 


2,460 


2,580 


2,700 


2,820 


2.940 


21 


120 


2,400 


2,520 


2.640 


2,760 


2,880 


3,000 


22 


120 


2,460 


2,580 


2.700 


2,820 


2,940 


3,000 


23 


120 


2,520 


2,640 


2,760 


2,880 


3,000 


3,120 


24 


120 


2,580 


2,700 


2,820 


2,940 


3,060 


3,180 


25 


120 


2,640 


2.760 


2,880 


3,000 


3,120 


3,240 



294 



Acts, 1948. — Chap. 311. 



(rnifral Solnrij Srhrrlulc - Continupd. 





Incre- 
ment. 


Rates (on Total Cash Basis). 


Salary 

Grade 

No. 


Mini- 
mum. 


Second 
Year. 


Third 

Year. 


Fourth 

through 

Seventh 

Year. 


Eighth 

through 

Eleventli 

Year. 


Maximum 

from 

Twelftli 

Year. 


26 


$120 


$2,700 


$2,820 


$2,940 


$3,060 


$3,180 


$3,300 


27 


120 


2,760 


2,880 


3,000 


3,120 


3,240 


3.360 


28 


120 


2,820 


2,940 


3,060 


3,180 


3,300 


3,420 


29 


120 


2,880 


3,000 


3,120 


3,240 


3,360 


3,480 


30 


120 


2,940 


3,060 


3,180 


3,300 


3,420 


3.540 


31 


180 


3,000 


3,180 


3,360 


3,540 


3.720 


3,900 


32 


180 


3,060 


3,240 


3,420 


3,600 


3,780 


3,960 


33 


180 


3,120 


3,300 


3,480 


3,660 


3,840 


4,020 


34 


180 


3,180 


3,3(i0 


3,540 


3.720 


3.900 


4,080 


35 


180 


3,240 


3,420 


3,600 


3,780 


3,960 


4,140 


36 


180 


3.300 


3,480 


3,660 


3,840 


4,020 


4,200 


37 


180 


3,360 


3,.540 


3,720 


3,900 


4,080 


4,260 


38 


180 


3,420 


3,600 


3,780 


3,960 


4,140 


4,320 


39 


180 


3,480 


3,660 


3.840 


4,020 


4,200 


4,380 


40 


180 


3.540 


3,720 


3,900 


4,080 


4,260 


4.440 


41 


180 


3.600 


3,780 


3.960 


4,140 


4,320 


4,500 


42 


180 


3,660 


3,840 


4,020 


4,200 


4,380 


4.560 


43 


180 


3.720 


3,900 


4,080 


4,260 


4,440 


4,620 


44 


180 


3.780 


3.960 


4,140 


4,320 


4.500 


4.680 


45 


180 


3,840 


4,020 


4,200 


4,380 


4,560 


4,740 


46 


180 


3,900 


4,080 


4,260 


4.440 


4,620 


4,800 


47 


180 


3,960 


4,140 


4,320 


4,500 


4,080 


4,860 


48 


180 


4,020 


4,200 


4,380 


4,560 


4,740 


4,920 


49 


240 


4,080 


4,320 


4, .500 


4,800 


5,040 


5,280 


50 


240 


4,200 


4,440 


4,080 


4,920 


5,160 


5,400 


51 


240 


4,320 


4,500 


4,800 


5,040 


5,280 


5,520 


52 


240 


4,440 


4,080 


4,920 


5,100 


5,400 


5,640 


53 


240 


4.560 


4,800 


5,040 


5,280 


5,520 


5.760 


54 


240 


4,680 


4,920 


5,160 


5,400 


5.640 


5,880 


55 


240 


4,800 


5,040 


5,280 


5,520 


5,760 


6,000 


56 


240 


4.920 


5,100 


5.400 


5,640 


5.880 


6.120 


57 


240 


5.040 


5,280 


5.520 


5.760 


6,000 


6,240 


58 


300 


5,100 


5,400 


5.700 


6.000 


6,300 


6,600 


59 


300 


5,400 


5,700 


6,000 


6,300 


0,600 


6.900 


60 


300 


5.700 


6,000 


6,300 


6,600 


6,900 


7.200 


61 


300 


6,000 


0,300 


0,600 


0,900 


7,200 


7.500 


f 



Acts, 1948. — Chap. 311. 



295 



General Salary Schedule — Concluded. 





Incre- 
ment. 


Rates (on Total Cash Basis). 


Salary 

Grade 

No. 


.Mini- 
mum. 


Second 
Year. 


Third 
Year. 


Fourth 

through 

Seventh 

Year. 


Eighth 

through 

Eleventh 

Year. 


Maximum 

from 
Twelfth 

Year. 


62 


$300 


16,300 


$6,600 


$6,900 


$7,200 


$7,500 


$7,800 


63 


300 


0,600 


6,900 


7,200 


7,500 


7,800 


8,100 


64 


300 


6,000 


7,200 


7,500 


7,800 


8,100 


8.400 


65 


300 


7,200 


7,500 


7,800 


8,100 


8,400 


8.700 


66 


300 


7,500 


7,800 


8,100 


8,400 


8,700 


9,000 


67 


300 


7,800 


8,100 


8,400 


8,700 


9,000 


9,300 


68 


300 


8,100 


8.400 


8,700 


9,000 


9,300 


9,600 


69 


300 


8,400 


8,700 


9,000 


9,300 


9,600 


9,900 


70 


300 


8,700 


9,000 


9,300 


9,600 


9,900 


10,200 


71 


300 


9,000 


9,300 


9,600 


9,900 


10,200 


10,500 


72 


300 


9,300 


9,600 


9,900 


10,200 


10,500 


10,800 


73 


300 


9,600 


9,900 


10,200 


10,500 


10,800 


11,100 


74 


300 


9,900 


10,200 


10,500 


10,800 


11,100 


11,400 





Labor Service Salary Schedule. 





Incre- 
ment. 


Rates. 


Salary 

Grade 

No. 


Mini- 
mum. 


Seven 
through 
Twelve 
Months. 


Thirteen 
through 
Eighteen 
Months. 


Nineteen 

Months 

through 

Fifth 

Year. 


Sixth 
Year 
through 
Ninth 
Year. 


Maximum 

from 

Tenth 

Year. 


L. S. 1 


$60 


$2,040 


$2,100 


$2,160 


$2,220 


$2,280 


$2,340 


L. S. 2 


60 


2,100 


2,160 


2,220 


2,280 


2,340 


2,400 


L. 8. 3 


60 


2,160 


2,220 


2,280 


2,340 


2,400 


2,460 


L. S. 4 


60 


2,220 


2,280 


2,340 


2,400 


2,460 


2,520 


L. S. 5 


60 


2,280 


2,340 


2,400 


2.460 


2,520 


2,580 


L. S. 6 


60 


2,340 


2,400 


2,460 


2.520 


2,580 


2,640 


L. S. 7 


60 


2,400 


2,460 


2,520 


2,580 


2,640 


2,700 


L. S. 8 


00 


2,460 


2,520 


2,580 


2,640 


2,700 


2,760 


L. S. 9 


00 


2,520 


2,580 


2,640 


2,700 


2,760 


2,820 


L. S. 10 


no 


2,580 


2,640 


2,700 


2,760 


2,820 


2,880 


L. S. 11 


00 


2,700 


2,760 


2,820 


2,880 


2,940 


3,000 


L. S. 12 


60 


2,820 


2,880 


2,940 


3,000 


3,000 


3,120 


L. S. 13 


60 


2,940 


3,000 


3,060 


3,120 


3,180 


3.240 



296 Acts, 1948. — Chap. 311. 

(2) Increments in salary grades numbered 1 to 14, inclu- 
sive, under the General Salary Schedule shall be semi- 
annual increases of sixty dollars during the first, second and 
third years, and at the beginning of the eighth and twelfth 
years said increments shall be increases of one hundred and 
twenty dollars, each. 

(3) Daily rates of per diem employees shall be computed 
on the basis of their assigned salary grades. 

(4) Said division shall approve regular step-rate increases 
as provided in the salary schedule and in the manner pro- 
vided in section forty-seven. If the head of any depart- 
ment or institution fails or refuses to recommend step-rate 
increases as provided in the salary schedule he shall notify 
said division giving his reasons for such failure or refusal 
and shall present a copy of such notice to each employee 
affected. 

(5) Said division may, with the approval of the commis- 
sion on administration and finance and of the governor and 
council, permit the recruitment of employees in a salary 
grade at a rate above the minimum; provided, that said 
division has first determined, on request of the appointing 
authority of the state agency affected, that an emergency 
exists due to lack of sufficient employees. Any such permit 
shall remain in effect until rescinded by said division, but 
shall not be in effect longer than one year unless, renewed 
in like manner and with like approval. Whenever said 
division permits the recruitment of employees in a salary 
grade at a rate above the minimum rate in said grade, all 
employees in the same classification who are below such 
rate of recruitment shall be advanced to said higher rate in 
the salary schedule. 

(6) When an employee is initially placed in the salary 
schedule, or is advanced in his salary grade, or is trans- 
ferred, reallocated or promoted to a new salary grade, such 
employee, for subsequent step-rate increases, shall be cred- 
ited with the number of years of service that corresponds 
to his salary grade and rate in the salary schedule. 

(7) Whenever an employee receives a promotion to a 
position in a higher salary grade, his rate shall be the next 
higher rate in said higher salary grade, or the second next 
higher rate therein if such new salary rate would result in 
an increase of salary smaller in amount than the salary in- 
crement for such higher salary grade. 

(8) An employee who is demoted to a position in a lower 
salary grade shall receive the salary to which his period of 
service would entitle him if his service had been rendered 
in the lower grade. 

(9) No increase in salary shall be effective for any 
position before the effective date of the appropriation act 
which includes an appropriation made for the purpose of, 
and sufficient to cover, the cost of such increase. 

(10) Rates oi' compensation in the salary schedule are 
for work hours as provided in section thirty A of chapter 
one hundred and forty-nine. 



ini-rease. 



Acts, 1948. — Chap. 311. 297 

Section 3. Said chapter 30 is hereby further amended p^'; .^^['T.y 
by striking out section 47, as most recently amended by /tr.Vn.rnricfr, 
section 6 of chapter 637 of the acts of 1945, and inserting 
in place thereof the following: — Section 1^1. Recommenda- Recommenda- 
tions for increases in the salaries of officers and employees oreasis^In" 
under the salary schedule, shall be submitted in the first salaries under 
instance to said division, and if approved by it shall take *' "^ "*^' 
effect upon notice by said division to the director of civil 
service and the comptroller. If the said division does not 
approve a proposed increase in salary, it shall report the 
recommendation of the head of the department or institu- 
tion with its own recommendation to the governor and 
council whose decision shall be final, except that the gov- 
ernor and council shall not grant an increase in salary 
greater than that recommended by the head of the depart- 
ment or institution. 

Section 4. In the initial allocation of positions to the initial aiioca- 
salary grades in the salary schedule, each incumbent shall J'leth^'^of 
be given the rate to which he would be entitled if the number jaicuiating 
of years served by him in the grade in which he is serving 
immediately prior to such allocation had been served after 
such allocation, and such allocation shall effect an increase 
of not less than one increment for such grade; provided, 
however, that if the rate so determined would be less, because 
of a promotion received on or after July first, nineteen 
hundred and forty-seven, and on or before June thirtieth, 
nineteen hundred and forty-eight, than the rate to which 
the incumbent would have been entitled without such pro- 
motion, his rate shall be that which he would have received 
if his promotion had been deferred until July first, nineteen 
hundred and forty-eight. Such increase shall be in addition 
to any increase to which the incumbent would be entitled 
by step-rate, promotion, or otherwise, on the effective date 
of the increase provided by this section. Increases which 
may have been granted during the current calendar year by 
the division of personnel and standardization, retroactive to 
January first, nineteen hundred and forty-eight, shall be 
considered granted as authorized by this act. Na increase 
granted in the initial allocation to the salary schedule as 
provided by this section because of credit for years of service 
or otherwise shall exceed six hundred dollars. 

Section 5. To provide for an interim cost-of-living cost-of-iiving 
adjustment in salaries, there shall be paid in one sum, on adjustment. 
or before May twenty-ninth in the current year, to each 
person who was in the service of the commonwealth on 
January fifteenth in the current year, and is still in said 
service on the date of such payment, the sum of one hundred 
and fifty dollars if such service was on a full-time basis and 
is so certified by the head of the department or the person 
immediately responsible for the appointment, promotion or 
transfer of persons so employed. In the case of any such 
person serving on a part-time basis, there shall be paid as 
aforesaid a sum, as determined by the division of personnel 
and standardization, which bears the same ratio to said 



298 Acts, 1948. — Chaps. 312, 313. 

amount of one hundred and fifty dollars as his service bears 
to full-time service and, in the case of any such person paid 
in part by the commonwealth there shall be paid as afore- 
said a sum, as determined by said division, which bears the 
same ratio to said sum of one hundred and fifty dollars as 
the amount of salary paid by the commonwealth bears to 
his total salary. Approved May 13, 1948. 



Chap.S12 An Act increasing the amount of money that the 

TOWN OF NORFOLK MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 297 of the acts of 1946 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . For the pur- 
poses of constructing a school building and originally equip- 
ping and furnishing the same, the town of Norfolk may, by 
vote at an annual town meeting, 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, two hundred thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Norfolk School Loan, Act of 1946. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
paid in not more than twenty years from their dates. In- 
debtedness 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, includ- 
ing the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved May 1^, 1948. 



Chap.iilS An Act validating certain acts and proceedings of 

THE SANDWICH WATER DISTRICT. 

Be it enacted, etc., as folloics: 

Section 1. The acts and proceedings of the Sandwich 
water district, at its meetings held on the fourteenth day 
of July and on the third day of November, nineteen hun- 
dred and forty-seven, and on the fifth day of February, 
nineteen hundred and forty-eight, and all acts and pro- 
ceedings of the said district and of its officers done in pur- 
suance thereof, if otherwise valid, are hereby confirmed and 
made valid to the same extent as if the said meetings had 
been called, and held and conducted, in strict compliance 
with law. 

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

Approved May 14, 1948. 



Acts, 1948. — Chaps. 314, 315. 299 

An Act atithorizinc, the town of wayland to tse cer- (Jfiap 314 

TAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Wayland is hereby authorized 
to use for school and school yard purposes additional por- 
tions of the town playground, so called, located in the center 
of said town adjacent to a portion of said playground now 
being used for school purposes under authority granted by 
chapter forty-nine of the acts of nineteen hundred and 
thirty-four, said additional portions being bounded and de- 
scribed as follows : — 

(a) Beginning at the northwesterly corner of land of 
Alice M. Lewis; thence southeasterly by land of Alice M. 
Lewis and Charles T. Morgan Tr. 155' to land of the town 
of Wayland; thence turning at an angle of one hundred 
and two degrees and running southwesterly 216.16 to a 
corner; thence turning at an angle of one hundred and 
thirty-five degrees and running northwesterly 214.41 to 
high school lot as authorized and approved by an act of 
the legislature February twenty-third, nineteen liundred and 
thirty-four; thence turning and running northeasterly by 
said high school lot 400' to the point of beginning; and 

(6) Beginning at a point on the line of upland thence 
south and southwest by line of upland; thence turning 
and running north and northeast by a curved line to the 
point of beginning; all as shown on a plan entitled "Plan 
of Land in Wayland, Mass., belonging to the Town of Way- 
land, Everett M. Brooks Co., Civil Engineers, dated May 
1948", to be recorded. 

The land so used shall be under the same care and control 
as other school property. 

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

Approved May I4, 1948. ^ 



An Act authorizing the city of chicopee to reduce 

THE membership OF ITS BOARD OF ALDERMEN AND TO 
CHANGE THE METHOD OF ELECTING SUCH ALDERMEN. 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Chicopee 
shall consist of nine members, of whom one shall be elected 
from each ward by the qualified voters of the entire city. 
In case any alderman shall remove to another ward in the 
city subsequent to his election, such removal shall not dis- 
qualify him from performing the duties of his office during 
the term for which he was elected. 

Section 2. So much of chapter 239 of the acts of 1897, 
and acts in amendment thereof or in addition thereto, as is 
inconsistent with any provision of this act, is hereby re- 
pealed. 



Chap. SI 5 



300 Acts, 1948. — Chap. 316. 

Section 3. This act shall be submitted for acceptance 
to the registered voters of the city of Chicopee at the bien- 
nial state election in the current year in the form of the 
following question, which shall be placed upon the official 
ballot to be used in said city at said election: — "Shall an 
act passed by the general court in the current year provid- 
ing that the board of aldermen of this city shall consist of 
nine members, of whom one shall be elected from each ward 
by the qualified voters of the entire city, be accepted?" 
If a majority of the votes in answer to said question is in 
the affirmative, then this act shall thereupon take effect 
for the purposes of the biennial municipal election in said 
city in the year nineteen hundred and forty-nine, and shall 
take full effect upon the first Monday of January, nineteen 
hundred and fifty, but not otherwise. 

Approved May 14, 1948. 



Cfiap.^lQ An Act authorizing the commissioner of public h 
to convey certain land in the town of lakev 



HEALTH 
ILLE. 



Be it enacted, etc., as follows: 

The commissioner of public health, on behalf of the com- 
monwealth, is hereby authorized and directed to convey by 
a sufficient deed, in such form and containing such provi- 
sions binding on the grantee as to said commissioner shall 
seem best and approved as to its form by the attorney 
general, to Alice B. Maxim a parcel of land in the town of 
Lakeville in the county of Plymouth, with the buildings 
thereon, bounded and described as follows: Beginning at 
a stone bound, the southwesterly corner of the land herein 
conveyed; thence by land of Alice B. Maxim south 34° 56' 
30" east 502.37 feet to a stone bound; thence by land of said 
Alice B. Maxim north 55"* 50' east 567.30 feet partly by a 
stone wall to a stake at the corner of stone walls on the 
southerly side of a brook being the northeasterly corner of 
land herein conveyed and the southwesterly corner of land 
to be conveyed by said Alice B. Maxim to the common- 
wealth of Massachusetts; thence by remaining land of the 
commonwealth of Massachusetts partly by a stone wall 
north 28° 41' west 462.10 feet to a stone bound on the 
westerly side of a roadway and corner of land of said Alice 
B. Maxim; thence by the land of said Alice B. Maxim 
south 59° 45' west 619.71 feet to the point of beginning, 
and containing 6.5 acres. Together with all rights of way, 
if any, which the commonwealth of Massachusetts has over 
the land of the said Alice B. Maxim to Vaughan street. 
Being a portion of the premises conveyed by deed from 
Charles B. Bunton to the commonwealth of Massachusetts 
dated July 18, 1916, and recorded in Plymouth County 
Registry of Deeds, Book 1263, Page 182. 

In return therefor the commonwealth shall receive from 
said Alice B. Maxim and she shall convey to the common- 



Acts, 1948. — Chaps. 317, 318. 301 

wealth a parcel of land in the town of Lakeville in the 
county of Plymouth, with the structures thereon, bounded 
and described as follows : Beginning at a stake at the corner 
of stone walls on the southerly side of a brook being the 
southwesterly corner of land herein conveyed and the north- 
easterly corner of land to be conveyed by the commonwealth 
of Massachusetts to Alice B. Maxim; thence north 72° 10' 
east 482 feet to a point on the westerly edge of the Nemasket 
river and on the southerly side of the effluent channel from 
the sewage filter beds of the Lakeville state sanatorium at 
the junction of said channel with said river; thence north- 
easterly across the mouth of said channel and northeasterly 
by the westerly edge of the Nemasket river to land now or 
formerly of Stephen D. Kelly; thence by land now or 
formerly of said Kelly north 26° 58' 30" west 212 feet to a 
stake and land of the commonwealth of Massachusetts; 
thence by land of the commonwealth of Massachusetts 
south 55° 50' west 1019.19 feet to the point of beginning 
and containing 2.7 acres. Together with all rights of way, 
if any, which the said Alice B. Maxim has over the land of 
the commonwealth of Massachusetts to Bridge street. Be- 
ing a portion of the premises conveyed by Clifford S. Lovell 
to Alice B. Maxim by deed dated September 20, 1943, and 
recorded in Plymouth County Registry of Deeds, Book 1850, 
Page 432. Approved May I4, 1948. 

An Act changing the name of the board of sewer (Jhnr) 317 

COMMISSIONERS OF THE TOWN OF FAIRHAVEN, AND AU- ' ' 

THORIZING SAID BOARD TO EXERCISE AND PERFORM THE 
POWERS AND DUTIES OF WATER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The board of sewer commissioners of the 
town of Fairhaven shall, in addition to the powers and 
duties heretofore vested by law in it, exercise and perform 
in said town all the powers and duties vested by general 
law in water commissioners. The board shall hereafter be 
known as the board of sewer and water commissioners. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority of the town meeting members of the 
town of Fairhaven present and voting thereon at a regular 
or special town meeting called for the purpose. 

Approved May I4, 1948. 

An Act relative to the payment of hospital, medical (Jfidj) 3I8 

AND SURGICAL EXPENSES INCURRED BY TRAINEES INJURED 
IN THE PERFORMANCE OF DUTY IN THE DIVISION OF STATE 
POLICE. 

tie it enacted, etc., as follows: 

Section 7 A of chapter 22 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by in- f^g^;,|g^jj ^ ^^' 



302 



Acts, 1948. — Chaps. 319, 320. 



Payment of 
hospital, etc. 
expenses of 
officers and 
trainees, 
injured, etc. 



serting after the word "any" in line 4 the word: — trainee, 
— and by adding at the end thereof the words : — , or while 
in training, — so as to read as follows: — Section 7 A. The 
commissioner may authorize the payment, out of any appro- 
priation made for traveling or other expenses of the depart- 
ment, of the reasonable hospital, medical and surgical ex- 
penses incurred by any trainee, officer or inspector of the 
department when temporarily or permanently disabled by 
reason of injuries sustained through no fault of his own while 
actually performing police service, or while in training. 

Approved May 14, 1948. 



Chap.S19 An Act relative to the disposition of receipts from 

TAXES IMPOSED ON AMOUNTS WAGERED EACH DAY UNDER 
THE PARI-MUTUEL OR CERTIFICATE SYSTEM OF WAGERING 
AT HORSE AND DOG RACING MEETINGS HELD IN CONNEC- 
TION WITH A STATE OR COUNTY FAIR. 

Be it enacted, etc., as follows: 

Chapter 128A of the General Laws is hereby amended 
by striking out section 15, as most recently amended by 
section 2 of chapter 390 of the acts of 1947, and inserting in 
place thereof the following: — Section 15. The receipts 
paid into the state treasury under this chapter, after de- 
ducting therefrom the amount of expenses incurred by the 
commission in carrying out the provisions of this chapter, 
shall be credited to the old age assistance fund established 
under section eleven of chapter one hundred and eighteen A ; 
except that so much of the payments as are made under 
section five by licensees conducting racing meetings in con- 
nection with a state or county fair shall be held as a sepa- 
rate fund for use in carrying out the provisions of para- 
graph (/) of section two of chapter one hundred and twenty- 
eight. Approved May 14, 1948. 



G. L. (Ter. 
Ed.), 128A, 
§ 15, etc., 
amended. 

Receipts pa 
to old age 
assistance 
f\irid. 



id 



Chav 320 ^^ ^^'^ providing for the certification of librarians. 
Be it enacted, etc., as follows: 

Chapter 78 of the General Laws is hereb,y amended by 
adding after section 21 the following 10 sections under the 
caption certification of librarians. Section 22. The 
board of free public library commissioners shall certify, and 
issue certificates to, librarians. The board shall appoint an 
advisory committee of professional librarians practicing in 
the commonwealth to advise with it concerning certification. 

Section 23. The board shall hold at least four regular 
meetings each year for the purpose of granting certificates. 
A quorum for said purpose shall consist of three members. 

Section 24. The following words and phrases used in 
sections twenty-two to thirty-one, inclusive, shall, unless 
the context otherwise requires, have the following mean- 
ings : — - 



G. L. (Ter. 
Ed.), 78. new 
§§ 22-31, 
added. 

Board to is.suc 
certificates to 
librarians. 



Meetings of 
the board. 



Definition-! 



Acts, 1948. — Chap. 320. 303 

"Board", the board of free public library commissioners. 

"Professional librarian", a person qualified by education, 
training or study and experience to practice library work 
in a position requiring knowledge of books and of library 
aims and techniques equivalent to that attained through 
graduation from a library school accredited by the American 
Library Association. 

"Subprofessional librarian", a person in the opinion of 
the board qualified through an elementary knowledge of 
library techniques to engage in the necessary library rou- 
tines involved in the acquiring and circulation of books but 
not qualified as a professional librarian. 

Section 2o. The board shall make such rules and regu- Rules and 
lations not inconsistent with law as are necessary and proper K'adc bV 
for the conduct of the process of certification, including issu- t*!" *'°"'"^ 
ance, renewal or revocation of certificates, and to provide 
for hearings in the case of applicants whose requests for 
certificates have been refused or whose certificates have 
been suspended or revoked, in cases where application for 
such hearing has been made to the board. 

Section 26. The secretary of the board shall account for Secretary of 
all moneys received by the board for the certification of handirmoLey. 
librarians and shall pay the same to the state treasurer. 
The secretary shall give to the state treasurer a bond in 
such sum and with such securities as may from time to 
time be required by the board for the faithful performance 
of his duties. 

Section 27. The board may expend, subject to appro- Board may 
priation, such sums for clerical assistance and incidentals For^'deHra?'"'^ 
as may be necessary for the proper performance of its assistance, etc. 
work. 

Section 28. The board shall : — 

(1) Keep an oflEicial record of all its meetings or parts of Board shall 
meetings concerned with certification. re'cXb.'^*^*'" 

(2) Issue, suspend, revoke or renew certificates to prop- 
erly qualified persons. 

(.3) Keep a roster showing the names and last-known 
business addresses of all persons holding certificates and 
furnish the information contained therein to the public on 
request. 

(4) Furnish information as to the requirements for cer- 
tification upon request and without charge to all prospec- 
tive applicants. 

(5) Hold examinations at least semi-annually if there are 
applicants for examination. 

Section 29. The board shall issue a certificate certifying Requirements 
as a professional librarian any person who requests certifi- eation"^'""' 
cation upon a form prescribed by the board and who fulfills 
one or both of the following requirements : — 

(1) Graduation from a library school accredited by the 
American Library Association or the passing of an exami- 
nation which, with due consideration of education, pro- 
fessional training, practical experience and demonstrated 



304 



Acts, 1948. — Chaps. 321, 322. 



Fucs. 



Certificate 
granted to 
certain per- 
sons upon 
application. 



ability, shall satisfy the board that the candidate has the 
qualifications required for the satisfactory practice of Hbrary 
work. 

(2) The holding of an unexpired certificate issued by the 
proper authority in any state other than this common- 
wealth in which the requirements for certification are sat- 
isfactory to the board. 

The board shall issue a certificate certifying as a sub- 
professional librarian any person who requests certification 
upon a form prescribed by the board and who, in the opinion 
of the board, is qualified to practice library work in a posi- 
tion not requiring the educational and other qualifications 
for certification as a professional librarian. 

Section 30. The board may fix fees for the issuance of 
certificates and for their renewal. 

Section 31. Any person who, upon the effective date of 
this act, is employed in a position defined as that of pro- 
fessional librarian or subprofessional librarian in section 
twenty-four, shall be granted a certificate as a professional 
or subprofessional librarian, if he makes application within 
two years after such effective date. 

Approved May 14, 1948. 



Chap 321 ^^ ^^'^ FURTHER REGULATING THE INSPECTION OF BOILERS. 

Be it enacted, etc., as follows: 



G. L. (Tcr. 
Ed.), 146. § 7, 
amended. 



Certain 
boilers ex- 
cepted. 



Section 7 of chapter 146 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by 
striking out, in lines 4 and 5, the words "solely for heating 
public buildings or apartment houses" and inserting in place 
thereof the words: — for heating purposes, — so as to read 
as follows : — Section 7. The preceding section shall not 
apply to boilers of railroad locomotives, motor vehicles or 
steam fire engines brought into the commonwealth for tem- 
porary use in times of emergency, nor to boilers used in private 
residences, nor to those used for heating purposes which carry 
pressures not exceeding fifteen pounds to the square inch 
and have less than four square feet of grate surface, nor 
to boilers of not more than three horse power. The said 
section shall not apply to boilers under the jurisdiction of 
the United States nor to those used exclusively for horti- 
cultural or agricultural purposes. 

Approved May 14, 1948. 



Char) S22 "^^ ^^'^ relative to the compensation of justices of 

^' DISTRICT COURTS WHILE ACTING IN CERTAIN APPELLATE 

DIVISIONS THEREOF. 

lie it enacted, etc., as follows: 
The second paragraph of section 108 of chapter 231 of 



(;. I.. (Ter. 
Ed.), 231, 
§ 108, etc., 
amended. 



tlie General Laws, as amended by chapter 382 of the acts 



Acts, 1948. — Chaps. 323, 324. 305 

of 1939, is hereby further amended by striking out, in 
line 4, the word "thirty-five" and inserting in place thereof 
the word : — forty, — so as to read as follows : — 

A justice acting in the appellate division of a district o/^-JJ^t'j^f''^" 
court other than the court of which he is a justice shall be while acting 
allowed in addition to his compensation as such justice a dwlsion"'***^ 
sujn which, added thereto, will aggregate forty dollars for 
each day he so acts, and his necessary traveling expenses, 
incidental expenses and necessary clerical assistance while 
so acting, to be paid by the county in which he so acts, 
upon his certificate approved by the county commissioners; 
provided, that the total sum expended for such incidental 
expenses and clerical assistance shall not exceed in any year 
the sum of fifteen hundred dollars in the northern appellate 
division district or the sum of seven hundred and fifty 
dollars in either of the other two appellate division districts; 
and no deduction shall be made from the qompensation of 
such justice under section six of chapter two hundred and 
eighteen on account of compensation paid to a special 
justice of his court for service at any session which such 
justice is unable to hold by reason of so acting. 

Approved May I4, 1948. 



An Act authorizing the commissioner of public health nhn^ 323 
TO designate one or more deputy commissioners. ^' 

Be it enacted, etc., as follows: 

Chapter 17 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 5, as appearing in the Tercentenary ameniwi.* ^' 
Edition, and inserting in place thereof the following sec- 
tion: — Section 5. The commissioner may, with the ap- commissioner 
proval of the public health council, designate the director '"^y designate 
of one or more, but not more than three, divisions as deputy o"nTdeput'y. 
commissioners, who shall perform such duties as may be 
prescribed by the commissioner, and he may, with like 
approval, designate one of the deputy commissioners to 
perform the duties of the commissioner during his absence 
or disability. Approved May I4, 1948. 



An Act further regulating the operation of motor ni^f.^ 004 
vehicles entering or turning in intersections of ^* 

WAYS. 

Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 14, as most recently amended by chap- etc;, 'amended'. 
ter 418 of the acts of 1947, and inserting in place thereof 
the following section : — Section 14- Every person operating Motor vehicles 
a motor vehicle shall bring the vehicle and the motor pro- brought to a 
pelling it immediately to a stop when approaching a horse stop in cer- 
or other draft animal being led, ridden or driven, if such **"" '"''^*"''*'^ 



306 Acts, 1948. — Chap. 325. 

animal appears 1o be frightened and if the person in charge 
thereof shall signal so to do; and, if traveling in the oppo- 
site direction to that in which such animal is proceeding, 
said vehicle shall remain stationary so long as may be 
reasonable to allow such animal to pass; or, if traveling in 
the same direction, the person operating shall use reasonable 
caution in thereafter passing such animal. In approach- 
ing or passing a car of a street railway which has been 
stopped to allow passengers to alight from or board the same, 
the person operating a motor vehicle shall not drive such 
vehicle within eight feet of the running board or lowest 
step of the car then in use by passengers for the purpose 
of alighting or boarding, except by the express direction 
of a traffic officer or except at points where passengers are 
protected by safety zones. In approaching and passing a 
school bus which has been stopped to allow passengers to 
alight from or board the same, the person operating a motor 
vehicle shall, except when approaching such school bus 
from the opposite direction on a divided highway, bring 
such motor vehicle to a full stop immediately before pass- 
ing said school bus, and shall not thereafter proceed at a 
rate of speed in excess of ten miles per hour while passing 
such school bus; provided, that such school bus bears the 
words "school bus" in letters of such size and type as are 
visible at a distance of at least three hundred feet in the 
direction toward which it is facing and in the reverse direc- 
tion. Upon approaching a pedestrian who is upon the 
traveled part of any way and not upon a sidewalk, every 
person operating a motor vehicle shall slow down. The per- 
son operating a motor vehicle on any way or a curve or a 
corner in said way where his view is obstructed shall slow 
down and keep to the right and upon approaching any 
junction of said way with an intersecting way shall, before 
entering the same, slow down and keep to the right of the 
center line. When turning to the right, an operator shall 
do so in the lane of traffic nearest to the right-hand side 
of the roadway and as close as practicable to the right- 
hand curb or edge of roadway. When approaching for a 
left turn, an operator shall do so in the lane of traffic to the 
right of and nearest to the center line of the roadway and 
the left turn shall be made by passing to the right of the 
center line of the entering way where it enters the inter- 
section from his left. Approved May 14, 1948. 



Chap,S25 An Act authorizing the city of lawrence to pay to 

MANSOUR J. GABRIEL A SUM OF MONEY" IN COMPENSATION 
FOR SERVICES RENDERED. 

Be it enacted, etc., as follows: 

Section 1. The city of Lawrence is hereby authorized 
to pay to Mansour J. Gabriel of said city the sum of eight 
hundred and twenty-eight dollars and thirty-four cents as 



Acts, 1948. — Chaps. 326, 327. 307 

compensation for services rendered by him for twenty-seven 
weeks as a laborer in the service of the department of prop- 
erty and parks for which he was not paid by reason of the 
fact that his transfer to said department from another de- 
partment of said city had not been made in accordance with 
the provisions of section sixteen A of chapter thirty-one of 
the General Laws. 

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

Approved May 18, 1948. 



An Act relative to the executive clerk to the chief 

JUSTICE OF the superior COURT. 

Be it enactedy etc., as follows: 

For performing duties as defined by the chief justice of 
the superior court, as provided by section twenty-eight of 
chapter two hundred and twelve of the General Laws, his 
executive clerk in office on the effective date of this act, 
after having been retired, shall, notwithstanding the provi- 
sions of section ninety-one of chapter thirty-two of the 
General Laws, or any other law, be entitled to receive com- 
pensation from the commonwealth; provided, that he files 
with the treasurer of the commonwealth a written statement 
wherein he waives and renounces for himself, his heirs and 
his legal representatives his right to receive any pension or re- 
tirement allowance for the period during which compen- 
sation is payable. Approved May 18, 1948. 



An Act relative to the fee for a license to deal in 
fish, birds or mammals. 



C/iap.326 



Chap.Z27 



Be it enacted, etc., as follows: 

Section 107 of chapter 131 of the General Laws, as appear- o. l. (Ter. 
ing in section 2 of chapter 599 of the acts of 1941, is hereby f'^py^etc 
amended by striking out the next to the last paragraph amended. " 
and inserting in place thereof the following paragraph : — 

The initial fee for a license issued in accordance with Fees, 
this section under clause (1) shall be two dollars, and for 
each annual renewal thereof one dollar; the initial fee for 
a license issued under clauses (3) and (4) shall be five dollars, 
and for each annual renewal thereof three dollars; the ini- 
tial fee for a license issued under clause (6) shall be five 
dollars for one place of business and one dollar for each addi- 
tional place of business of the same individual, and for each 
annual renewal thereof the fee shall be three dollars for one 
place of business and one dollar for each additional place 
of business of the same individual; and the initial fee for 
a license issued under clause (7) shall be one dollar, and for 
each annual renewal thereof fifty cents. 

Approved May 18, 1948. 



308 



Acts, 1948. — Chaps. 328, 329. 



Chap.S2S An Act relative to the sale or distribution to per- 
sons UNDER THE AGE OF EIGHTEEN OF PUBLICATIONS 
AND OTHER THINGS WHICH ARE OBSCENE, INDECENT OR 
IMPURE OR MANIFESTLY TEND TO CORRUPT THE MORALS 
OF YOUTH. 

Be it enacted, etc., as follows: 

EdV'i72'^'§ '8 Section 28 of chapter 272 of the General Laws, as most 
etc'./amendpd. ' recently amended by section 1 of chapter 278 of the acts 
of 1945, is hereby amended by adding at the end the fol- 
lowing : — In order to obtain a conviction under this sec- 
tion, it shall not be necessary to prove that the book, pam- 
phlet, ballad, printed paper, phonographic record, print, pic- 
ture, image, description or other thing which the accused 
is alleged to have dealt with in a manner prohibited by 
this section has been adjudged to be obscene, indecent or 
impure under the provisions of sections twenty-eight C to 
twenty-eight H, inclusive, of this chapter. 

Approved May 18, 1948. 



Conviction. 



Chap.S29 An Act to prevent the issuing of dog licenses to 

PERSONS convicted OF CRUELTY TO ANIMALS. 



G. L. (Ter. 
Ed.). 140, new 
§ 137D. 
added. 

Dog licensp.s 
not to be 
issued to 
person.s 
convicted of 
cruelty tu 
animals. 



Be it enacted, etc., as follows: 

Chapter 140 of the General Laws is hereby amended by 
adding after section 137C the following section : — Section 
137D. Unless otherwise specifically provided by law, every 
license and tag issued under the provisions of sections one 
hundred and thirty-seven and one hundred and thirty- 
seven A, or under any ordinance or by-law relative to the 
licensing of dogs made under the authority of this chapter, 
held by any person found guilty of, or penaUzed in any 
manner for, a violation of any provision of sections seventy- 
seven, eighty A, ninety-four or ninety-five of chapter two 
hundred and seventy-two, shall be void, and shall immedi- 
ately be surrendered to the authority issuing such license 
and tag. 

The clerk of the court in whose jurisdiction such finding 
has been made shall notify the licensing authority in the 
city or town where the guilty person resides. 

No person shall be given a license and tag under authority 
of section one hundred and thirty-seven and one hundred 
and thirty-seven A during a period of two years from the 
date of his being found guilty or penalized as aforesaid, and 
any such license and tag so issued shall be void and shall 
be surrendered on demand of any authority granting such 
license and tag. No fee received for a license and tag made 
void under this section shall be refunded to the holder 
thereof. Approved May IS, 1948. 



Acts, 1948. — Chap. 330. 309 



An Act relative to annual vacations for certain em- (JJidy 33Q 

PLOYEES OF certain CITIES AND TOWNS. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to put into effect on July first 
of the current year new provisions relating to the vacation 
allowances of certain employees of certain cities and towns, 
therefore it is hereby declared to be an emergency law, nec- 
essary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. Section 111 of chapter 41 of the General ej^)"47^'5ih 
Laws, as most recently amended by chapter 301 of the acts etc!, 'amended. ' 
of 1946, is hereby further amended by striking out the first 
paragraph and inserting in place thereof the following para- 
graphs : — In any city or town which has accepted chapter vacations of 
two hundred and seventeen of the acts of nineteen hundred pioy'^e'eslIT 
and fourteen or has accepted this section in any form, or ^^'Jl'V^^jj***'® 
which accepts this section in the manner hereinafter pro- 
vided, or has accepted earlier provisions of this section, all 
permanent civil service employees as well as persons classified 
as common laborers, skilled laborers, mechanics or crafts- 
men shall be granted without loss of pay, in every year ex- 
cept the year in which their employment begins, a vacation 
based on their service in the preceding year. Such vacations 
shall be granted by the heads of the respective departments 
of the city or town at such time as in their opinion will 
cause the least interference with the performance of the 
regular work of the city or town. Not less than one day's 
vacation shall be granted for each five weeks of service in the 
preceding year. The word "year" as used in this section 
means the year beginning with July first and ending with the 
following June thirtieth. 

Whenever the employment of any such person is termi- 
nated during a year by dismissal through no fault or delin- 
quency on his part or by resignation, retirement or death, 
he or his beneficiary shall be paid, at the regular rate of 
compensation payable to him at the termination of his em- 
ployment, an amount equal to one day's wages for each five 
weeks' service during the year in which the employment is 
terminated; and, if his employment is terminated without 
his having been granted the vacation to which he is en- 
titled under the preceding paragraph of this section, he or 
his beneficiary shall be paid in addition, at the aforesaid 
rate, an amount in lieu of such vacation; provided, in both 
cases, that no monetary or other allowance has already been 
made therefor. The word "beneficiary" as used in this 
section means the surviving beneficiary or beneficiaries, if 
any, lawfully designated by the employee under the retire- 
ment system of which he is a member, or, if there be no such 
designated beneficiary, the estate of the deceased. The offi- 
cial head of the department in which the person was last 



310 Acts, 1948. — Chap. 331. 

employed shall enter on the departmental pay roll all amounts 
payable under this paragraph. 

Any official of a city or town whose duty it is to grant a 
vacation as provided by the first paragraph of this section 
who wilfully refuses to grant the same or to make an entry 
on the departmental pay roll as provided by the second 
paragraph thereof shall be punished by a fine of not more 
than one hundred dollars. The department of labor and 
industries shall enforce this section, and shall have all neces- 
sary powers therefor. 
Effective date SECTION 2. Section One of this act shall take effect on 
of thL^act.""*' July first in the current year; provided, however, that dur- 
ing the year beginning with July first, nineteen hundred 
and forty-eight and ending with June thirtieth, nineteen 
hundred and forty-nine, the term "the preceding year" as 
used in section one hundred and eleven of chapter forty-one 
of the General Laws, as amended by section one of this act, 
shall be construed to mean the period beginning with Janu- 
ary first, nineteen hundred and forty-seven and ending with 
June thirtieth, nineteen hundred and forty-eight, and pro- 
vided further, that, in computing vacation based on service 
in such period, vacation granted during the period begin- 
ning with January first, nineteen hundred and forty-eight 
and ending with June thirtieth, nineteen hundred and forty- 
eight shall be deducted. Approved May 18, 19^8. 



Chap.SSl An Act authorizing the city library association of 

SPRINGFIELD TO ACQUIRE THE ASSETS OF AND TO CARRY 
OUT THE PURPOSES OF THE CONNECTICUT VALLEY HISTORI- 
CAL SOCIETY AND TO SUCCEED TO THE PRIVILEGES, POWERS 
AND IMMUNITIES OF SAID SOCIETY. 

Be it enacted, etc., as follows: 

Section 1. The City Library Association of Springfield, 
a corporation incorporated by chapter one hundred and forty- 
two of the acts of eighteen liundred and sixty-four, is hereby 
authorized, as hereinafter provided, to acquire all of the 
assets of the Connecticut Valley Historical Society, a 
charitable corporation organized under general law and 
located in the city of Springfield; and said City Library 
Association of Springfield shall be, upon compliance with 
this act, a continuance of, and the lawful successor to, said 
Connecticut Valley Historical Society, shall carry out the 
purposes of said society, and shall have all of the privileges, 
powers and immunities to which said society is entitled. 

Section 2. Such officer or officers of said Connecticut 
Valley Historical Society as its members shall, by a majority 
vote designate, shall execute and deliver all papers and docu- 
ments that may be deemed necessary or proper for effecting 
the transfer of its property of every kind including all 
property held in trust, and including all income, to the 
said City Library Association of Springfield, and to transfer 



Acts, 1948. — Chap. 331. 311 

the rerordgi, books of aorount, ;vn(l other papers <>f the society 
to the said association, and the same shall thereupon be held 
by said City Library Association of Springfield, subject to 
the same conditions, of trust or otherwise, as it was held by 
said Connecticut \'alle3' Historical Society, except that no 
trust funds shall be transferred to said City Library Asso- 
ciation of Springfield unless authorized by a decree of a 
court of competent jurisdiction and, as nearly as may be, in 
accordance with the terms and conditions of trust attached 
to any such fund or funds. . 

Section 3. All gifts, grants, bequests and devises and 
all trust property, including any income, made or accruing 
to or for the benefit of said Connecticut Valley Historical 
Society after this act becomes fully effective shall vest, sub- 
ject to the terms and conditions thereof, in said City Library 
Association of Springfield. 

Section 4. The purposes of said City Library Associa- 
tion of Springfield are hereby amended and enlarged by 
adding to its present purposes the following: promoting and 
encouraging the study, appreciation, understanding and 
development of literature, art, science, nature, music, his- 
tory and education, including the acquiring, purchasing, 
collecting, housing, preserving, cataloguing, maintaining, 
exhibiting, loaning and borrowing for exhibition, and other- 
wise dealing with and disposing of all books, manuscripts, 
pictures, paintings, specimens, relics, antiques, statuary 
and other objects of art and science, and the acquiring, pur- 
chasing, holding, leasing and disposing of land, buildings, 
equipment, furnishings and other personal property neces- 
sary in its judgment to carry out the aforesaid purposes. 

Section 5. Said City Library Association of Springfield 
is hereby authorized to hold real estate and personal estate 
for the purposes named in its act of incorporation, and for 
the purposes authorized by this act, to an amount not ex- 
ceeding ten million dollars. 

Section 6. This act shall not take full effect until it 
shall have been accepted by vote of the members of each of 
said corporations and copies of the respective votes of ac- 
ceptance shall have been filed with the state secretary. 

Section 7. This act shall become effective, except as 
provided in section six, upon its passage. 

Approved May 18, 1948. 



312 Acts, 1948. — Chaps. 332, 333, 334. 

Chop. SS2 An Act aiithohizinc; the wchooi- committek of any city 

OR TOWN WHICH CONDUCTS AN EXTENDED COTTRSE OF IN- 
STRUCTION ON JUNIOR COLLEGE LEVEL FOR VETERANS 
AND OTHERS TO GRANT CERTAIN DEGREES TO PERSONS 
COMPLETING SUCH COURSE. 

prTamhiT^ TF/igreos, Tlie deferred operation of this act would prevent 

the exercise of the degree granting power referred to therein 
in the case of classes graduating in the current year, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

The school committee of any city or town which conducts 
an extended course of instruction on junior college level for 
veterans and others, under authority of chapter five hun- 
dred and thirty-two of the acts of nineteen hundred and 
forty-six, and chapter two hundred and eighteen of the acts 
of nineteen hundred and forty-seven, may, subject to the 
approval of the board of collegiate authority, grant the 
degree of associate in arts or associate in science, or both 
such degrees, to persons who complete such course of in- 
struction. A-pproved May 18, 194S. 



Chap.SSS ^^ Act authorizing the Worcester five cents savings 

BANK TO acquire ADDITIONAL REAL ESTATE SUITABLE 
FOR A PARKING LOT. 

Be it enacted, etc., as follows: 

Section 1. The Worcester Five Cents Savings Bank, 
incorporated by chapter two hundred and forty of the acts 
of eighteen hundred and fifty-four, may, subject to the ap- 
proval of the commissioner of banks, invest its deposits to 
an amount not exceeding seventy-five thousand dollars in 
the purchase and preparation of a suitable site in the city 
of Worcester for a parking lot to be used in the transaction 
of its business. 

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

Approved May 18, 1948. 



Chap. 3^^ An Act relative to the purposes for which the school 

committee of the city of boston MAY MAKE APPRO- 
PRIATIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 224 of the acts of 1936 is hereby 
amended by inserting after section 2 the following section: 
— Section 2A. The phrase "all other school purposes" as 
used in section two shalf be construed, without limiting its 
generality, to include the following: — 

(a) Organizing and conducting physical training and ex- 
ercises, athletics, sports, games and play, and providing 



Acts, 1948. — Chap. 334. 313 

apparatus, equipment, athletic wearing apparel and facili- 
ties for the same in buildings, yards and playgrounds under 
the control of said committee, or upon any other land which 
said committee may have the right to use for this purpose 
under the provisions of chapter two hundred and ninety- 
five of the acts of nineteen hundred and seven and acts in 
amendment thereof and in addition thereto. 

(6) The employment of one supervising female nurse, and 
as many district female nurses as, in the opinion of said 
committee, are necessary in accordance with the provisions 
of chapter three hundred and fifty-seven of the acts of nine- 
teen hundred and seven and acts in amendment thereof and 
in addition thereto, and the employment of such number 
of school physicians as, in the opinion of the committee, 
may be necessary, and the care of teeth of school children. 

(c) Conducting educational and recreative activities in or 
upon school property under the control of sard committee, 
and the use thereof by individuals and associations in ac- 
cordance with the provisions of chapter one hundred and 
ninety-five of the acts of nineteen hundred and twelve, and 
chapter eighty-six of the Special Acts of nineteen hundred 
and sixteen, and acts in amendment thereof and in addition 
thereto. 

(d) The payment of pensions to members of the teaching 
or supervising staff of the public schools of said city, and to 
persons who were annuitants of the Boston Teachers' Re- 
tirement Fund at the time when chapter five hundred and 
eighty-nine of the acts of nineteen hundred and eight took 
effect, and other teachers who had retired prior to said time, 
in accordance with the provisions of said chapter five hun- 
dred and eighty-nine, chapter five hundred and thirty-seven 
of the acts of nineteen hundred and nine, chapter six hun- 
dred and seventeen of the acts of nineteen hundred and 
ten, chapter five hundred and sixty-nine of the acts of nine- 
teen hundred and twelve, and chapter two hundred and 
six of the Special Acts of nineteen hundred and nineteen, 
and acts in amendment thereof. 

(e) Promoting the Americanization and better training 
for citizenship of foreign-born persons. 

(/) Vocational guidance. 

(g) The payment, by providing insurance coverage or 
otherwise, of the reasonable hospital, medical and surgical 
expenses incurred by or in behalf of any student in any of 
the public schools of said city by reason of injuries sustained 
by him or her while participating, or practicing or training 
for participation, in any game, meet or contest conducted 
or held as a part of or in connection with the physical edu- 
cation or athletic training program of the school depart- 
ment of said city. 

(h) The payment of a proper charge for effecting such 
insurance as, in the opinion of the committee, may be neces- 
sary or advisable in connection with the instruction of 
pupils in the public schools of the city of Boston in the 
driving of motor vehicles. 



314 Acts, 1948. — Chaps. 335, 336. 

Section 2. Section 1 of chapter 206 of the Special Acts 
of 1919, as amended, is hereby repealed. 

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

Approved May 18, 1948. 



Chap.SS5 An Act providing for extensions of the boundaries 

OF THE SOUTH DEERFIELD WATER SUPPLY DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 486 of the acts of 1902 is hereby- 
amended by adding after section 13 the following section : — 
Section ISA. Upon a petition in writing addressed to said 
commissioners requesting that certain real estate, accurately 
described therein, located in said town and abutting on said 
district and not otherwise served by a public water supply 
be included within the limits thereof, and signed by the 
owners of such real estate, or a major portion of such real 
estate, said commissioners shall cause a duly warned meet- 
ing of the district to be called, at which meeting the voters 
may vote on the question of including said real estate within 
the district. If a majority of the voters present and voting 
thereon vote in the affirmative the district clerk shall within 
thirty days file with the town clerk of said town and with the 
state secretary an attested cop}'- 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 man- 
ner and to the same extent as the real estate described in 
section one. 

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

Approved May 18, 1948. 



Chap.SSQ An Act making appropriations for the fiscal year 

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FORTY- 
EIGHT, 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 cer- 
tain 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 spec- 
ified in said section, are hereby appropriated for the cur- 
rent 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 regidating the 
disbursement of public funds and the approval thereof, the 
sums so appropriated to be in addition to any amounts at 
present availal)le for the piu-posos. 



Acts, 1948. — Chap. 336. 



315 



Section 2. 



Service of the Legislative Department. 



Item 

0101-06 For the salaries of the assistant clerk of the 
senate and the assistant clerk of the house 
of representatives ..... 

0101-15 For the salaries of clerks employed in the 
legislative document room, including not 
more than two permanent positions 

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 committee 
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 

0102-12 For telephone service .... 

0102-31 For expenses of a joint special committee on 
redistricting, as authorized by a joint 
order of the general court 

0102-44 For expen.ses of the committee on pensions 
and old age insurance, as authorized by 
an order of the general court . 

Special : 
0102-51 For the celebration of the one hundred and 
fiftieth anniversary of the occupation of 
the Bulfinch state house as the state house 
of the commonwealth, as provided in a 
resolve of the current year 

0202 I'or an investigation of the provisions of the 

employment security law, so-called, as au- 
thorized by chapter sixteen of the resolves 
of the year nineteen hundred and forty- 
seven and by chapter nineteen of the 
resolves of the current year 

Total ...... 

Service of the Judicial Department. 

Superior Court, as follows: 
0302-02 For traveling allowances and expenses 

.Justices of District Courts: 
0302-12 For expenses of justices of district courts 
while sitting in the superior court 

Suffolk County Court House: 
0318-01 For reimbursing the city of Boston for thirty 
per cent of the cost of maintenance of the 
Suffolk County court house, as provided 
by and subject to the conditions of .section 
six of chapter four hundred and seventy- 
four of the acts of the year nineteen hun- 
dred and thirty -five; provided, that this 
appropriation shall not be construed a-< 
fixing tlie specific amount for which tlie 
commonwealth shall be h'abic on account 
of said maintenance .... 



.S500 00 
200 00 



0,200 


00 


50 


00 


1,500 
3,000 


00 
00 


200 


00 


600 


00 



6,500 00 



2,000 00 



.?24,750 00 



."$2,000 00 



250 00 



37,173 13 



316 Acts, 1948. — Chap. 336. 



Service of the Executive Department. 
Item 

0401-23 For po.stage, printing, stationery, traveling 
and contingent expenses of the governor 
and council ..... $600 00 

0401-24 For the cost of entertainment of distinguished 
visitors to the commonwealth, for the pay- 
ment of extraordinary expenses not other- 
wi.se provided for, and for transfers to ap- 
propriation accounts where the amounts 
otherwise available arc insufficient, with 
(lie 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 ad- 
ministration and finance, which, after in- 
vestigation, shall submit to the governor 
its written recommendation as to the 
amount of funds required, together with 
pertinent facts relative thereto . . 35,000 00 

Total $35,600 00 

Service of the Organized Militia. 

0403-01 I'or allowances to companies and other ad- 
ministrative units, to be expended under 
the direction of the adjutant general . $36,900 00 

Service of the Stale Surgeon. 
040703 l'\>r the examination of recruits . . . $10,000 00 

Service of the Co^iniii.'ision on Administration and Finance. 

Purchase of paper: 
0414-1 1 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 $15,000 00 

Service, of the State Superintendent of Buildings. 

Other annual expenses: 
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, 
light and power; and repair and renewal 
projects including painting and the rear- 
rangement of office space . . . $28,200 00 

For the Maintenance of the Mount Greylock War Memorial. 

Special : 
0443-21 P'or certain repairs to the Mount Grevlock 

War Memorial . . . .' . $18,000 00 

Service of the Secret art/ of the Commonxvealth. 

For matters relating to elections': 
0.'")()4 01 I'or personal and other services in preparing 
for primary elections, including not more 
than one permanent position, and for 



Acts, 1948. — Chap. 336. 



317 



ifpiii 



0601-03 



070102 



0909-14 



1004-72 



1004-87 



1301-52 



1301-54 



1305-08 



the expenses of preparing, printing and 
distributing ballots for prinian' and otbrr 
elections ...'.. ? 106,530 00 

Service oj the Treasurer and Receiver-General. 

For services other than personal, traveling 
expenses, office supplies and equipment $5,725 00 

Service of the Auditor of the Commonwealth. 

For personal services of deputies and other 
assistants, including not more than thirty- 
five permanent positions, to be in addition 
to the amount authorized for this purpose 
in item 2970-09 of section two of chapter 
two hundred and nineteen of the acts of 
nineteen hundred and forty-seven . $1,380 00 

Service of the Department of Agriculture. 

Division of Plant Pest Control and Fairs: 
For personal services and expenses in connec- 
tion wath the work of suppression of the 
Dutch elm disease, so-called . . . $3,000 00 

Service of the Department of Conservation. 

Division of Marine Fisheries: 
For services other than personal, traveling ex- 
penses, necessary office supplies and equip- 
ment, and rent, and including other ex- 
penses required in connection with the 
activities provided for under items 1004-84 
and 1004-85 of section two of chapter two 
hundred and nineteen of the acts of nine- 
teen hundred and forty-seven . . . $2,500 00 

Special : 
For the cost of construction and improvement 

of certain fishways, as provided by law . 2,000 00 

Service of the Department of Education. 

Reimbursement and aid : 

For the reimbursement of certain towns for 
the payment of tuition of pupils attending 
high schools outside the towns in which 
they reside, as provided by law . . $2t),U()0 00 

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, including 
prior year charges in the amount of four- 
teen thousand four hundred and seventy- 
two dollars and twelve cents . . 14,472 12 

Teachers' Retirement Board: 
For the payment of the commonwealth's 
share in financing the teachers' retirement 
system, as provided by chapter six hun- 
dred and fifty-eight of the acts of nineteen 
hundred and forty-five .... 15,000 00 

For the maintenance of and for certain 
improvements at the following state 
teachers' colleges, and the boarding halls 
attached thereto, with the approval of 
the commissioner of education : 



318 Acts, 1948. — Chap. 336. 

1307-21 State teachers' college at Bridgewater, board- 
ing hall, including not more than twenty- 
nine permanent positions . . $6,850 OU 

1308-21 .State teachers' college at Fitchburg, board- 
ing hall, including not more than ten 
permanent positions .... 5,200 00 

1309-21 State teachers' college at Framingham, 
boarding hall, including not more than 
twenty-five permanent positions . . 0,000 00 

Special : 
1315-33 For certain exterior repairs at the state 

teachers' college at Worcester . . . 10,000 00 

University of Mas.sachusetts : 
1341-00 For maintenance and current expen.ses of the 
University of Massachusetts, with the ap- 
proval of the trustees, including not more 
than five hundred and thirty-two perma- 
nent positions, to be in addition to the 
amount authorized for the purpose in item 
3513-41; and from the amount herein ap- 
propriated sums not exceeding in the ag- 
gregate five hundred dollars are hereby au- 
thorized to be expended for experimental 
purposes in connection with the cultiva- 
tion of beach plums, as authorized by chap- 
ter five hundred and thirty-four of the acts 
of nineteen hundred and forty-one . 21,033 00 

1341-78 For other expenses of the maintenance of the 

boarding hall 5,000 00 

Special : 
1341-81 For the construction and maintenance, in- 
cluding rent, if required, for the establish- 
ment of a laboratory for the diagnosis of 
the Dutch Elm Disease .... 20,000 00 

Service of the Depart?nenl of Civil Service arid Registration. 

Board of Registration of Professional En- 
gineers and of Land Surveyors : 
1412 01 For travel and other necessary expenses . .f 1,000 00 

Board of Registration of Certified Public 
Accountants : 
1414-02 For expenses of examinations, including the 
preparation and marking of papers, and for 
other expenses ..... 1,700 00 

Total $2,700 00 

Service of the Departvient of Mental Health. 

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 eighty perma- 
nent po.sitions ..... $3,000 00 
1711-00 Boston state hospital, including not more 
than .seven hundred and sixteen perma- 
nent po.sitions ..... 178,610 00 
1712-00 Danvers state hospital, including not more 
than six hundred and thirty-one perma- 
nent po.sitions ..... 3,700 00 



Acts, 1948. — Chap. 336. 



319 



Item 

1713-00 



1714-00 
1715-00 
1718-00 
1719-00 
1721-00 
1722-00 
1723-00 
1724-00 



1802-00 
1803-00 



1906-03 



1907-01 



Foxborough state hospital, including not 
more than three hundred and seventy-two 
permanent positions, providing further 
that there be paid from funds appropriated 
under this item by chapters two hundred 
and nineteen and six hundred and eighty- 
five of the acts of nineteen hundred and 
forty-seven, to Chapman Waterproofing 
Company of Dorchester, the sum of five 
thousand six hundred and eighty dollars 
for certain work done and materials fur- 
nished at the Foxborough state hospital in 
the town of Foxborough by said Chapman 
Waterproofing Company. 

Gardner state hospital, including not more 
than three hundred and sixty-three perma- 
nent positions ..... 

Grafton state hospital, including not more 
than five hundred and three permanent 
positions ...... 

Northampton state hospital, including not 
more than four hundred and eighty-five 
permanent positions .... 

Taunton state hospital, including not more 
than five hundred and seventeen perma- 
nent positions ..... 

Worcester state hospital, including not more 
than six hundred and forty-six peimanent 
positions ...... 

Monson state hospital, including not more 
than four hundred and thirty-five perma- 
nent positions ..... 

Belchertown state school, including not more 
than three hundred and twenty-eight 
permanent positions .... 

Walter E. Fernald state school, including 
not more than five hundred and twenty- 
one permanent positions 

Total ...... 

Service of the Dejyarlment of Correction. 

For the maintenance of and for certain 
improvements at the following institu- 
tions under the control of the Depart- 
ment of Correction: 
State farm, including not more than four 
hundred and fifty-three permanent posi- 
tions ....... 

State prison, including not more than one 
hundred and fifty-four permanent posi- 
tions ....... 

Total 

Service of the Department of Public Welfare. 

Division of Child Guardianship: 
For the care and maintenance of children, 
including not more than two permanent 
positions ...... 

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 



$4,070 00 

3,840 00 

50,780 00 

4,000 00 

5,455 00 

21,100 00 

21,020 00 

4,070 00 

.li;29n,r)45 oo 



$8,000 00 

10,802 00 
.$1«,802 00 



•SI 00,000 00 



13,205 95 



320 



Acts, 1948. — Chap. 336. 



Item 



1907-05 
1907-10 



1917-00 



1918-00 



1919-00 



The following items are for reimburse- 
ment of cities and towns: 
For the payment of suitable aid to certain 

dependent children .... $S4,706 41 

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 . 358,102 49 

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: 
Lyman school for boys, including not more 
than one hundred and forty-nine perma- 
nent positions ..... 5,500 00 

Massachusetts Hospital School: 
For the maintenance of the Massachusetts 
hospital school, including not more than 
one hundred and seventy-two permanent 
positions, to be expended with the ap- 
proval of the trustees thereof . . . 6,000 00 

Tewksbury State Hospital and Infirmary: 
For the maintenance of the Tewksbury state 
hospital and infirmary, including not more 
than seven hundred and one permanent 
positions, to be expended with the ap- 
proval of the trustees thereof . . . 42,840 00 

Total . . . . . . $610,444 85 



2024-00 



Service of the Department of Public Health. 

Item 2008-11 of section two of chapter six 
himdred and eighty-five of the acts of 
nineteen hundred and forty-seven is 
hereby amended by inserting after the 
word "purpose" in the seventh line the 
words: — , to be in addition to certain 
receipts from the American National Red 
Cross. 

Item 2008-12 of section two of chapter two 
hundred and nineteen of the acts of nine- 
teen hundred and forty seven is hereby 
amended by inserting after the word 
"blood" in the third line the words: — , 
to be in addition to certain receipts from 
the American National Red Cross. 

Rutland state sanatorium: 
For the maintenance of the Rutland state 
sanatorium, including not more than two 
hundred and eighty permanent positions . 



$4,400 00 



Service of the Departrtient of Public Works. 

2202-11 Item 2202-11 of section two of chapter six 
hundred and eighty-five of the acts of nine- 
teen hundred and forty-seven is hereby 
amended by inserting after the word "pur- 
pose " in the twenty-third line the words: — 
and the payment of reimbursements by 



Acts, 1948. — Chap. 336. 



321 



Item 



2230-02 



2230-03 



the department of public works to owners 
of shore front property in the town or 
county of Barnstable towards the cost of 
shore protective work, under the author- 
ity of chapter seven hundred and thirty- 
four of the acts of nineteen hundred and 
forty-five, as amended by chapter five hun- 
dred of the acts of nineteen hundred and 
forty-seven, may be made from any funds, 
including any unexpended balance of prior 
appropriations, authorized to be expended 
hereunder. 

Functions of the department relating to 
airports: 

I'or personal services of operating the Logan 
airport, including not more than eighty- 
five permanent positions 

l''()r other expenses of operating the Logan 
airport, including rental of equipment 

Total ...... 



$2,000 00 

30,000 00 

$32,000 00 



Unclassified Accounts and Claims. 

28 1 1-02 1' or the compensation of veterans who may be 
retired by the governor under the pro- 
visions of sections fifty-six to fifty-nine, 
inclusive, of chapter thirty-two of the Gen- 
eral Laws $42,500 00 

2820-04 For the compensation of certain pubhc em- 
ployees for injuries sustained in the course 
of their employment, for the year nineteen 
hundred and forty-eight and for previous 
j'ears, 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 . 14,750 00 

Total $57,250 00 



Reserve for Cost of Food and Fuel. 

2820-34 For a reserve for expenses arising from possi- 
ble increases in the cost of food and fuel 
the sum of nine hundred and eighty-five 
tliousand dollars is hereby appropriated 
and made available for transfer with the 
approval of the commission on administra- 
tion and finance, to appropriation items 
where the amounts otherwise available for 
the purchase of food and fuel are insufficient 
for the purpose ..... 



$985,000 00 



Payment of Tax Title Loan Interest. 

2841-00 For a payment to the tax title loan interest 
account to meet the cost of interest on 
notes issued under the provisions of chap- 
ter forty-nine of the acts of nineteen hun- 
dred and thirty-three, as amended 



$1,270 76 



322 Acts, 1948. — Chap. 336. 



The Following Appropriations are made from the Highway Fund 



Item 



Service of the Department of Public Works. 



Functions of the department relating to 
highways: 

2900-04 For the maintenance and repair of state high- 
ways and bridges, including control of 
snow and ice on state highways and town 
roads, and for the maintenance of traffic 
signs and signals; for personal services and 
expenses of work for which the highway 
fund is reimbursed, other than work in 
connection with projects included in federal 
aid programs; for the cost, not exceeding 
seventy-five thousand dollars, of increas- 
ing 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; 
and, in addition, there is hereby trans- 
ferred from item 2900-02 of chapters two 
hundred and nineteen and six hundred 
and eighty-five of the acts of nineteen hun- 
dred and forty-seven the sum of four hun- 
dred thousand dollars for the purposes of 
this item $800,000 00 

Special : 
2900-35 For resurfacing existing state highways with 
not less than two inches of bituminous- 
bound aggregate, using present traveled 
ways as a base; provided, that the state 
purchasing agent may buy the required 
bituminous-treated aggregate, notwith- 
standing the provisions of chapter five 
hundred and forty-seven of the acts of 
nineteen hundred and forty-one . . 2,000,000 00 

Registration of Motor Vehicles: 
2924-01 For personal services, including not more 
than seven hundred and eight permanent 

positions 25,000 00 

2924-02 For services other than personal, including 
traveling expenses, purchase of necessary 
supplies and materials, including cartage 
and storage of the same, and for work inci- 
dental to the registration and licensing of 
owners and operators of motor vehicles . 80,000 00 

Total $2,905,000 00 

Unclassified Accounts and Claims. 

2970-07 For the compensation of certain public em- 
ployees for injuries sustained in the course 
of their employment, for the year nineteen 
hundred and forty-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 . $17,750 00 



Acts, 1948. —Chap. 336. 323 



The Following Appropriations are made from the Port of Boston 

Fund: 

Item 

Requirements for Extinguishing the State 
Debt: 
31S0-01 For sinking fund requirements and certain 
serial bonds maturing during the current 
fiscal year, to be in addition to the amounts 
appropriated in items 2420-00 and 2952-00 
of section two of chapter two hundred and 
nineteen of the acts of nineteen himdred 
and forty-seven; and in addition, there is 
hereby authorized to be transferred to this 
item the sums of twelve thousand five hun- 
dred dollars from item 3140-01 and of six 
thousand three hundred and seventy-five 
dollars from item 3150-01 of section two 
of chapter two of the acts of nineteen hun- 
dred and forty-seven .... $86,125 00 

The Follow'ing Appropriations are made from the Inland Fish- 
eries AND Game Fund: 



Service of the Deparhncnl of Conservation. 

3304-04 For an examination, by the department of 
conservation, under the direction of the at- 
torney general, of land titles of the Grey- 
lock state reservation, as authorized by 
chapter thirty-nine of the resolves of the 
year nineteen hundred and forty-seven . $190 05 

Propagation of game birds, etc. : 
3304-31 For personal services of employees at game 
farms and fish hatcheries, including not 
more than twenty-five permanent positions 4,325 00 

3304-32 For other maintenance expenses of game 
farms and fish hatcheries, and for the 
propagation of game birds and animals 
and food fish 25,000 00 

Total $29,515 05 



The Following Appropriations are made from the Veterans' 

Services Fund: 

Service oj 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 $5,100 00 

Service of the Department of Education. 

University of Massachusetts: 
3513-41 For the maintenance of the University of 
Massachusetts, with the approval of the 
trustees, to be in addition to the amount 
authorized for the purpose in item 1341-00 $6,737 00 



324 



Acts, 1948. — Chap. 336. 



The Following Appropriation is Payable from the Prison Indus- 
tries Fund: 
Item 

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 in- 
dustries fund at the Massachusetts reform- 
atory, the reformatory for women, the state 
prison, and the state prison colony shall 
be determined by the comptroller . . $230 00 



Metropolitan District Commission Funds. 

The following appropriations are to be 
assessed upon the several districts in ac- 
cordance with the methods fixed by 
law, unless otherwise provided, and to 
be expended under the direction and with 
the approval of the metropolitan district 
commission : 
8607-00 For maintenance of the Charles River basin, 
including retirement of veterans under the 
provisions of the General Laws . . $5,000 00 

Special : 
8802-3.5 For emergency repairs made or to be made to 
the north metropolitan sewer in Chelsea; 
provided, that the commission on adminis- 
tration and finance is hereby authorized, 
subject to the approval of the governor 
and council, to waive the provisions of 
section eight A of chapter twenty-nine of 
the General Laws, as amended, with re- 
spect to that portion of the work which 
said commission finds is so urgent as to 
require such waiver .... $100,000 00 



0403-05 
0406-04 



0403-05 
0407-01 



0414-04 
0414-09 



Miscellaneous. 

From the amount appropriated in item 0403- 
05 of section two of chapter two hundred 
and nineteen of the acts of nineteen hun- 
dred and forty-seven the sum of ten thou- 
sand dollars is hereby transferred and 
made available for the purposes of item 
0406-04 of said section two of said chapter 
two hundred and nineteen. 
From the amount appropriated in item 
0403-05 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of four 
hundred and eighty dollars is hereby trans- 
ferred and made available for the pur- 
poses of item 0407-01 of said section two 
of said chapter two hundred and nineteen. 
\ From the amount appropriated in item 
/ 0414-04 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of one 
thousand five hundred dollars is hereby 



Acts, 1948. — Chap. 336. 



325 



Item 



0414-05 
0414-10 



0501-02 
0501-03 



1004-85 
1004-70 



1101-02 
1101-03 



1201-02 
1201-03 



1201-02 
1201-22 



1203-11 
1203-01 



1203-11 
1203-02 



transferred and made available for the pur- 
poses of item 0414-09 of said section two of 
said chapter two hundred and nineteen. 

From the amount appropriated in item 
0414-05 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of six 
thousand dollars is hereby transferred and 
made available for the purposes of item 
0414-10 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
0501-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of six 
hundred and fourteen dollars and fifty 
cents is hereby transferred and made 
available for the purposes of item 0501-03 
of .said section two of said chapter two hun- 
dred and nineteen. 
\ From the amount appropriated in item 
/ 1004-85 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of four 
hundred and sixty dollars is hereby trans- 
ferred and made available for the purposes 
of item 1004-70 of said section two of said 
chapter two hundred and nineteen. 

From the amount appropriated ia item 
1101-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty -seven the sum of eleven 
thousand one hundred and sixty-eight dol- 
lars is hereby transferred and made avail- 
able for the purposes of item 1101-03 of 
said section two of said chapter two hun- 
dred and nineteen. 

From the amount appropriated in item 
1201-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of fifteen 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1201-03 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1201-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of four 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1201-22 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1203-11 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of five 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1203-01 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1203-11 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of four 



326 



Acts, 1948. — Chap, 336. 



Item 



1301^1 1 
1301-06 / 



1301-41 ) 
1301-64 / 



1301-02 \ 
1301-04 / 



1701-02 
1701-03 



1701-02 
1701-04 



1801-21 
1801-23 



1906-01 
1904-01 



1906-01 
1906-02 



thousand dollars is hereby transferred and 
made available for the purposes of item 
1203-02 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1301-41 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of one 
thousand seven hundred and fifty dollars 
is hereby transferred and made available 
for the purposes of item 1301-06 of said 
section two of said chapter two hundred 
and nineteen. 

From the amount appropriated in item 
1301-41 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
hundred and fifty dollars is hereby trans- 
ferred and made available for the purposes 
of item 1301-64 of said section two of said 
chapter two hundred and nineteen. 

From the amount appropriated in item 
1301-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1301-04 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1701-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of six 
hundred dollars is hereby transferred and 
made available for the purposes of item 
1701-03 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1701-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1701-04 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1801-21 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of seven 
hundred dollars is hereby transferred and 
made available for the purposes of item 
1801-23 of said section two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
1906-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of three 
thousand four hundred dollars is hereby 
transferred and made available for the 
purposes of item 1904-01 of said section 
two of said chapter two hundred and 
nineteen. 

From the amount appropriated in item 
1906-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 



Acts, 1948. — Chap. 336. 



327 



Item 



2102-01 
2102-03 



230.S-01 
2301-07 



2308-01 
2302-02 



2308-01 
2301-05 



2308-01 
2302-01 



2308-01 
2301-08 



2811-04 
2811-03 



hundred and forty-seven the sum of two 
thousand three hundred dollars is hereb3' 
transferred and made available for the 
purposes of item 1906-02 of said section 
two of said chapter two hundred and 
nineteen. 

From the amount appropriated in item 
2102-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of 
twenty-five thousand five hundred and fif- 
teen dollars is hereby transferred and made 
available for the purposes of item 2102-03 
of said section two of said chapter two 
hundred and nineteen. 

From the amount appropriated in item 
2308-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
thousand five hundred dollars is hereby 
transferred and made available for the 
purposes of item 2301-07 of said section 
two of said chapter two hundred and 
nineteen. 

From the amount appropriated in item 
2308-OJ of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of nine 
hundred and fifty dollars is hereby trans- 
ferred and made availal^le for the purposes 
of item 2302-02 of said section two of said 
chapter two hundred and nineteen. 

From the amount appropriated in item 
2308-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of six 
hundred dollars is hereby transferred and 
made available for the purposes of item 
2301-05 of said seoti®n two of said chapter 
two hundred and nineteen. 

From the amount appropriated in item 
2308-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and fortj'-seven the sum of fifty 
dollars is hereby transferred and made 
available for the purposes of item 2302-01 
of said section two of said chapter two hun- 
dred and nineteen. 

From the amount appropriated in item 
2308-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of one 
hundred and fifty dollars is hereby trans- 
ferred and made available for the purposes 
of item 2301-08 of said section two of said 
chapter two hundred and nineteen. 

From the amount appropriated in item 
2811-04 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
thousand dollars is hereby transferred and 
made available for the purposes of item 
2811-03 of said section two of said chapter 
two hundred and nineteen. 



328 Acts, 1948. — Chap. 336. 

Item 
2970-04 \ From the amount appropriated in item 
2970-05 / 2970-04 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of 
seventy-five thousand seven hundred and 
forty-seven dollars is hereby transferred 
and made available for the purposes of 
item 2970-05 of said section two of said 
chapter two hundred and nineteen. 
3150-01 \ From the amount appropriated in item 
3180-02 J 3150-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of 
twenty-three thousand six hundred and 
twenty-five dollars is hereby transferred 
and made available for the purposes of the 
following item : 

3180-02. For the payment of interest 
on the direct debt of the commonwealth, 
to be in addition to the amounts authorized 
for the purpose in items 2410-00 and 
2951-00 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty -seven. 
3604-11 "I From the amount appropriated in item 
3604-12 / 3604-11 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
thousand five hundred dollars is hereby 
transferred and made available for the 
purposes of item 3604-12 of said section 
two of said chapter two hundred and 
nineteen. 
1601-71 "1 From the amount appropriated in item 
1601-03 J 1601-71 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of three 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1601-03 of said section two of said chapter 
two hundred and nineteen. 
1501-01 "1 From the amount appropriated in item 
1501-02 / 1501-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
hundred fifty-three dollars and sixty-three 
cents is hereby transferred and made avail- 
able for the purposes of item 1501-02 of 
said section two of said chapter two hun- 
dred and nineteen. 
1906-01 "I From the amount appropriated in item 
1901-02 / 1906-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of five 
hundred dollars is hereby transferred and 
made available for the purposes of item 
1901-02 of said section two of said chapter 
two hundred and nineteen. 
0502-01 1 From the amount appropriated in item 
0503-03 / 0502-01 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of one 
thousand dollars is hereby transferred and 
made available for the purposes of item 
0503-03 of said section two of said chapter 
two hundred and nineteen. 



Acts, 1948. — Chap. 336. 



329 



Item 
0501-02 
0502-02 



4013-00 
4011-00 



0308-02 
0308-03 



From the amount appropriated in item 
0501-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of two 
hundred and fifty dollars is hereby trans- 
ferred and made available for the purposes 
of item 0502-02 of said section two of said 
chapter two hundred and nineteen. 
From the amount appropriated in item 
4013-00 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of one 
thousand five hundred dollars is hereby 
transferred and made available for the 
purposes of item 4011-00 of said section 
two of said chapter two hundred and 
nineteen. 
From the amount appropriated in item 
0308-02 of section two of chapter two hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-seven the sum of seven 
thousand three hundred dollars is hereby 
transferred and made available for the 
purposes of item 0308-03 of said section 
two of said chapter two hundred and 
nineteen. 
One hundred and fifty dollars of the unex- 
pended balance of the appropriation made 
by item 2220-07 of section two of chapter 
six hundred and eighty-three of the acts of 
nineteen hundred and forty-one is hereby 
reappropriated for a certain land taking. 
Item 0212 of section two of chapter six hun- 
dred and eighty-five of the acts of nineteen 
hundred and forty-seven is hereby anaended 
by adding after the word "year" in the 
third line, the following: — including the 
amount of three hundred forty-four dollars 
and twenty-four cents for certain expenses 
of the commission authorized by chapter 
eighty-two of the resolves of nineteen hun- 
dred and forty-six. 
Item 0419-21 of chapter six hundred and 
eighty-five of the acts of nineteen hundred 
and forty-seven is hereby amended by 
adding in line four after the word "year" 
the following: — , and for compensation 
and expenses of the commissioners as pro- 
vided by section four of said chapter. 
The unexpended balance remaining in appro- 
priation item 2220-19 of section two of 
chapter seven hundred and thirty -.six of the 
acts of nineteen hundred and forty-five is 
hereby reappropriated and made available 
for the purposes authorized by chapters 
seven hundred and sixty-three of the acts 
of nineteen hundred and forty-five and five 
hundred and thirty-six of the acts of nine- 
teen hundred and forty-six, notwithstand- 
ing the limitation on expenditures set forth 
in section two of said chapter five hundred 
and thirty-six. 
The sum of one thousand five hundred dol- 
lars appropriated in item 8602-40 in sec- 
tion two of chapter seven hundred and 
thirty-six of the acts of nineteen hundred 



330 Acts, 1948. — Chap. 336. 

Item 

and forty-five and the sum of one thousand 
dollars of the amount appropriated in the 
same item in section two of chapter four 
hundred and two of the acts of nineteen 
hundred and forty-six is hereby reappro- 
priated and made available for the erection 
of a shelter in tlie town of Arlington, as 
authorized by chapter four hundred and 
seventy-seven of the acts of nineteen hun- 
dred and forty-six. 

Section 3. 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 during the fiscal year nineteen hundred and forty- 
eight to incur liabilities and incidental expenses for the pur- 
chase of supplies, as provided by said section fifty-one, 
including material to be disposed of as surplus, so-called, 
by the federal government through agencies of the federal 
government, in an amount not exceeding three hundred and 
fifty thousand dollars, in addition to any amount hereto- 
fore provided for the purpose, and the comptroller may 
certify for payment such incidental expenses and liabilities 
so incurred to an amount not exceeding three hundred and 
fifty thousand dollars, in addition to any amount hereto- 
fore provided for the purpose. 

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 accord- 
ance with rules and rates which are hereby authorized to 
be established from time to time by the commission on ad- 
ministration and finance. 

Section 5. The allowance to state employees for expenses 
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 divi- 
sion 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 
payments on account of reallocations of permanent posi- 
tions, or for payments on account of any change of salary 
range or compensation of any permanent position, notwith- 
standing any special or general act to the contrary. 

Section 7. In addition to the payment of regular sala- 
ries, 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 



Acts, 1948. — Chap. 337. 331 

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 trans- 
fers within said subventions and grants, shall be subject to 
the approval of the commission on administration and 
finance. 

Section 9. To meet the cost of the interim cost-of- 
living adjustment in salaries authorized in section five of 
chapter three hundred and eleven of the acts of nine- 
teen hundred and forty-eight, the sum of $3,400,000 is 
hereby appropriated for the fiscal year nineteen hundred 
and forty-eight. The comptroller is hereby authorized to 
allocate the charges to the several state or other funds fropi 
which the basic salaries are payable. Said cost-of-living 
adjustments in salaries for which said sum is appropriated 
by this section shall, for any purpose of chapter thirty-two 
of the General Laws, not be deemed or construed to be a 
portion of the regular compensation of any officer or em- 
ployee in the service of the commonwealth. 

Section 10. This act shall take effect upon its passage. 

Approved May 18, 1948. 

An Act to provide for the furnishing of gas masks, (Jhnj) 337 

so CALLED, FOR THE USE OF MEMBERS OF FIRE DEPART- * 

MENTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 48 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 51, as appearing in the f 51 a!* added. 
Tercentenary Edition, the following section: — Section 51 A. 
Each city and town shall furnish, as hereinafter provided, ^jties and 
gas masks, so called, for use by the members of its fire de- nl^ gas° 
partment when they are required to enter any place where members of 
there may be an accumulation of noxious or toxic gases or ^^'^ ciepart- 
in which the supply of oxygen may be insufficient to sustain '""" 
human life. Such masks shall meet the requirements of the 
standards set up by the United States bureau of mines for 
masks used for the purposes enumerated in this section. 

Except in cases in which it has been predetermined at 
the time of the alarm that the fire for which the alarm is 
given is a grass or rubbish fire or a fire on or in an automo- 
bile or other vehicle, which automobile or vehicle is not 
within or immediately adjacent to a building or structure, 
at least two such masks, in proper working condition, shall 
be part of the equipment of each motor vehicle, or other 
vehicle, which responds to a fire or alarm and carries equip- 
ment or apparatus for fighting fires. 

Section 2. This act shall take effect on July first, nine- Effective date. 
teen hundred and forty-nine. Approved May 18, 1948. 



332 



Acts, 1948. — Chaps. 338, 339, 340. 



C/iax>. 338 An Act authorizing the city of Gloucester to pay a 

SUM OF money to MARION E. FOSTER FOR INJURIES SUS- 
TAINED BY HER AT THE CENTRAL GRAMMAR SCHOOL IN SAID 
CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of Gloucester may pay to Marion E. Foster 
a sum of money not exceeding two thousand dollars to re- 
imburse her on account of injuries received by her at the 
Central Grammar school in said city. 

Section 2. This act shall take full effect upon its accept- 
ance, during the current year, by vote of the city council 
of said city, subject to the provisions of its charter. 

Approved May 18, 1948. 



Chav.339 An Act relative to the slaughtering of poultry, 
Be it enacted, etc., as follows: 



G. L. fTer. 
Ed.), 94, 
§ 139A, etc. 
amended. 



Poultry 
excepted 
under certain 
conditions. 



Section 139A of chapter 94 of the General Laws, inserted 
by chapter 679 of the acts of 1945, is hereby amended by 
striking out the last paragraph and inserting in place thereof 
the following paragraph : — 

This section shall not apply to persons who are engaged 
in the production in this commonwealth of poultry, includ- 
ing domestic chickens, fowl, ducks, geese and pheasants, or 
of turkeys and who slaughter such poultry or turkeys pro- 
duced on their own farms or owned by them not less than 
two weeks prior to slaughter. Approved Maij 18, 1948. 



Chav 340 An Act relative to the payment of witness fees to 
certain police officers in certain continued crimi- 
nal cases. 



0. L. (Ter. 
Ed.), 262, § 53, 
etc., amended. 



Witness fees 
to police 
officers off 
duty. 



Be it enacted, etc., as follows: 

The fourth sentence of section 53 of chapter 262 of the 
General Laws, as amended by chapter 181 of the acts of 
1947, is hereby further amended by striking out, in lines 
6 and 7, the words "and if it is so ordered by the court or 
trial justice", — so as to read as follows: — 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 postpone- 
ment thereof at the request of the defendant, is required 
to again attend, shall, if not on duty, be paid for such fur- 
ther attendance the same fee as other witnesses. 

Approved May 18, 1948. 



Acts, 1948. — Chaps. 341, 342. 333 

An Act authorizing the town of Lexington to expend Qhn^ Q4] 

CERTAIN MONEY FOR ALTERATIONS AND IMPROVEMENTS ON 
BUCKMAN TAVERN. 

Be it enacted, etc., as foUoivs: 

Section 1. The town of Lexington is hereby authorized 
to expend a sum not exceeding ten thousand dollars for 
alterations and improvements on Buckman Tavern, leased 
by said town to the Lexington Historical Society under 
authority of chapter one hundred and forty-seven of the 
acts of nineteen hundred and fourteen; provided, that said 
money shall be expended within a period of five years from 
the passage of this act. 

Section 2. This act shall take full effect upon its accept- 
ance by vote of the town of Lexington at any annual town 
meeting, or any special town meeting called for the purpose, 
held within three years subsequent to its passage, but not 
otherwise. Approved May 18, 1948. 



An Act authorizing the town of lanesborough to bor- 
row MONEY FOR THE CONSTRUCTION AND FURNISHING OF 
A NEW SCHOOL BUILDING. 

Be it enacted, etc., as foUmvs: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town 
of Lanesborough may borrow, from time to time, within a 
period of five years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, two 
hundred and fifty thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Lanesborough School Loan, Act of 1948. 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, ex- 
clusive of the limitation contained in the first paragraph 
of section seven thereof. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the town of Lanesborough at the 
biennial state election in the current year in the form of the 
following question, which shall be placed upon the official 
ballot to be used in said town at said election: — "Shall an 
act of the general court passed in the current year, author- 
izing the town of Lanesborough to borrow a sum not ex- 
ceeding two hundred and fifty thousand dollars for the 
construction and furnishing of a new school building, be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, then this act shall take full effect, 
but not otherwise. Approved May 18, 1948. 



Chap.S42 



334 



Acts, 1948. — Chaps. 343, 344. 



Increasing 
number of 
traps used to 
catch certain 
fish for bait. 



Chap.S4:S An Act increasing the number of fish traps that may 

BE USED TO CATCH CERTAIN FISH FOR BAIT. 

pi^rmhie"^ Whereas, One of the principal purposes of this act is to 

make its provisions effective without delay and this pur- 
pose cannot be achieved except by means of an emergency 
law, therefore this act is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Ed.)', is^'i 4s, Section 48 of chapter 131 of the General Laws, as most 
etc., amended.' recently amended by chapter 110 of the acts of 1948, is 
hereby further amended by striking out the first sentence 
and inserting in place thereof the following : — Shiners or 
fish of a similar nature and suckers may be taken for bait, 
but not for the purpose of sale, in any of the inland waters 
of the commonwealth by means of a single fish trap with 
openings not over one inch or by a single circular or hoop 
net not exceeding six feet in diameter to each licensed fish- 
erman or by means of a rectangular net, containing not 
more than thirty-six square feet of net surface; and shiners 
and suckers may be taken by licensed fishermen, for the 
purpose of sale as bait, in any of said waters, except great 
ponds and waters which in whole or in part are held under 
lease as public fishing grounds, not prohibited by this chap- 
ter, by means of not more than ten fish traps with openings 
not over one inch or by means of a single circular or hoop 
net not exceeding six feet in diameter, or by means of a net 
containing not more than two hundred square feet of net 
surface if such person engaged in operating such fish trap 
or net is thereto authorized by a license issued by the direc- 
tor, which license the director is hereby authorized to issue 
upon receipt of a fee of five dollars; provided, that any fish 
taken by any such net or trap, other than those permitted 
by this section to be taken thereby, are immediately re- 
turned alive to the water whence they were taken. 

Approved. May 20, 1948. 



Chav.S4i4i An Act relative to the method of assessing the 

AMOUNT WHICH THE COMMONWEALTH MAY BE CALLED 
UPON TO PAY THE METROPOLITAN TRANSIT AUTHORITY ON 
ACCOUNT OF A DEFICIENCY AS OF THE LAST DAY OF DE- 
CEMBER, NINETEEN HUNDRED AND FORTY-SEVEN. 

Be it enacted, etc., as follows: 

Section 1. Section 13 of chapter 544 of the acts of 
1947 is hereby amended by adding at -the end of the sixth 
paragraph the following: — ; provided, that if the com- 
monwealth is called upon to pay the authority an amount 
of less than seven hundred and fifty thousand dollars on 



Acts, 1948. — Chap. 345. 335 

account of a deficiency as of the last day of December, 
nineteen hundred and forty-seven, such amount, with inter- 
est and other charges incurred in borrowing the money for 
the purpose, shall be assessed upon the cities and towns con- 
stituting the authority as provided by section twenty of 
chapter fifty-nine of the General Laws, as amended, in pro- 
portion to the amounts paid under the last preceding assess- 
ment under section fourteen of chapter one hundred and 
fifty-nine of the Special Acts of nineteen hundred and eight- 
een, — so that said paragraph will read as follows : — 

In case the commonwealth shall be called upon to pay 
the authority any amount under this section, such amount, 
with interest or other charges incurred in borrowing the 
money for the purpose, shall be assessed upon the cities and 
towns constituting the authority as provided by section 
twenty of chapter fifty-nine of the General Laws, as amended, 
in proportion to the number of persons in said cities and 
towns using the service of the authority at the time of said 
pajment, said proportion to be determined and reported to 
the state treasurer by the trustees from computations made 
in their discretion for the purpose; provided, that if the 
commonwealth is called upon to pay the authority an 
amount of less than seven hundred and fifty thousand dol- 
lars on account of a deficiency as of the last day of Decem- 
ber, nineteen hundred and forty-seven, such amount, with 
interest and other charges incurred in borrowing the money 
for the purpose, shall be assessed upon the cities and towns 
constituting the authority as provided by section twenty of 
chapter fifty-nine of the General Laws, as amended, in pro- 
portion to the amounts paid under the last preceding assess- 
ment under section fourteen of chapter one hundred and 
fifty-nine of the Special Acts of nineteen hundred and 
eighteen. 

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

Approved May 20, 1948. 



An Act authorizing and directing the establishment C/ia/?. 345 
OF uniform rules and regulations governing leaves 
OF absence and overtime for county officers and 

EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 51 of chapter 35 of the General Laws, as amended EdV 35*^§ 5i 
by section 2 of chapter 73 of the acts of 1938, is hereby etc!, amended', 
further amended by inserting at the end the following para- 
graph: — 

The board is hereby authorized and directed to establish Leaves of 
and administer uniform rules and regulations governing overti^et"'^ 
leaves of absence and overtime for officers and employees regulated, 
subject to sections forty-eight to fifty-six, inclusive. 

Approved May 20, 1948. 



336 Acts, 1948. — Chaps. 346, 347. 



Chav 346 An Act relative to the election and terms of office 

OF ASSESSORS IN THE TOWN OF BILLERICA. 

Be it enacted, etc., as follows: 

Section 1, Notwithstanding any provision of the Gen- 
eral Laws to the contrary, the town of Billerica, at the 
annual election in the year 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 atten- 
tion to his duties and shall be chairman of the board of 
assessors, 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 be submitted to the registered 
voters of the town of Billerica at the biennial state election 
in the current year in the form of the following question, 
which shall be placed on the official ballot for use in said 
town at said election:- — "Shall an act passed by the Gen- 
eral Court in the current year, entitled 'An Act relative to 
the election and terms of office of assessors in the town of 
Billerica', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, this act shall 
thereupon take full effect. 

Section 3. If this act is rejected at said state election, 
it shall be resubmitted for acceptance to the voters of said 
town at the annual town meeting in the year nineteen hun- 
dred and forty-nine 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-eight, entitled 'An Act relative to the election 
and terms of office of assessors in the town of Billerica', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved May 20, 1948. 



Chav.S47 ^^ ^^'^ '^^ prevent the restraint of trade in certain 

ESTABLISHMENTS BY THE BOARD OF REGISTRATION OF 
HAIRDRESSERS. 

Be it enacted, etc., as follows: 

Ed.\ ii2^'^' Section 87CC of chapter 112 of the General Laws, as most 

§ 87CC etc.. recently amended by section 8 of chapter 565 of the acts of 

1943, is hereby further amended by adding at the end of 



Acts, 1948. — Chaps. 348, 349. 337 

the first paragraph the following sentence : — The board j^gtr^t^^uu 
shall not make any rule or regulation restraining the nor- sales of certkin 
mal and incidental business of hairdressers' shops or similar '^'■*"''^^- 
establishments by restricting in any way the sale at retail 
in such places of so-called beauty preparations, lotions, 
salves, toilet articles, jewelry and gift novelties. 

Approved May 20, 1948. 

An Act establishing the office of assistant adjutant nhnr) 348 

GENERAL AND ESTABLISHING THE COMPENSATION THERE- "" 

FOR. 

Be it'enaded, etc., as follows: 

Section 69 of chapter 33 of the General Laws, as most «. l. (Ter. 
recently amended by chapter 402 of the acts of 1947, is L;! 'amended. 
hereby further amended by adding at the end the following 
subdivision : — 

(g) There shall be two assistant adjutants general who Assistant 
shall, under the direction of the adjutant general, perform geieraf* 
such duties as may be delegated to them by him or as pre- 
scribed in orders and regulations from time to time. Except Compensation. 
when ordered on duty under sections eleven, seventeen, 
eighteen, nineteen or one hundred and five, they shall each 
receive such sums as may be appropriated therefor. 

Approved AT ay 20, 1948. 



An Act relative to the fire district in the town of 

williamstown. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 69 of the acts of 1912 is 
hereby amended by striking out, in lines 14 and 15, the words 
"sidewalks, common sewers, main drains, lamps, street 
sprinkling and pohce protection" and inserting in place 
thereof the words : — and street lamps, — so as to read as 
follows: — Section 3. The legal voters of the fire district 
shall within one year after the organizing of the district, at a 
meeting called for the purpose, choose by ballot a board of 
three commissioners, all of whom shall be legal inhabitants 
of and voters in the district, to hold office, one for one year, 
one for two years and one for three years from the next suc- 
ceeding annual district meeting; and thereafter at each an- 
nual meeting the legal voters of said district shall elect one 
commissioner to serve for three years. The commissioners 
shall annually within fourteen days after the annual election 
of the fire district choose one of their number to act as presi- 
dent of the district for the ensuing year. Said commissioners 
shall be a board of commissioners of hydrants, water tanks 
for fire purposes, and street lamps. 

The commissioners shall serve until the expiration of their 
respective terms of office, as hereinbefore set forth and until 



C/iap.349 



338 Acts, 1948. — Chap. 349. 

others are chosen and quahfied in their stead, but the district 
shall have authority to fill any vacancy in said board at any 
district meeting regularly called for that purpose. The com- 
missioners shall be sworn to the faithful performance of their 
duty and shall receive such compensation as may be deter- 
mined by the voters of the district at its annual meetings. 

Section 2. Said chapter 69 is hereby further amended by 
striking out section 4, as amended by section 1 of chapter 598 
of the acts of 1912, and inserting in place thereof the follow- 
ing section: — Section 4- The said district may, at meetings 
called for that purpose, raise money for the purchase of 
engines and other articles necessary for the prevention and 
extinguishment of fires, for hydrants and water service, for 
the purchase of land, for the erection, maintenance and 
repairs of necessary buildings, for the erection and main- 
tenance of street lamps within the limits of the district, for 
the payment of a proper charge of an insurance company 
for acting as surety on official bond which may be given to 
the district by any of its officers, and for other incidental 
expenses of the fire department. Every member of the 
board shall be accountable to the district for any money 
received by him, and the district may maintain a suit therefor 
in the name of the inhabitants of the district. The said 
board shall not expend any money which has not been duly 
appropriated by the district, and shall have no authority to 
bind the district to the payment of money in excess of its 
appropriation, or for any purpose not specified by the vote 
of the district appropriating the same; but the district shall 
not during any year raise by taxation any amount of money 
exceeding one per cent of the taxable property in the district. 

Section 3. Said chapter 69 is hereby further amended by 
striking out section 6 and inserting in place thereof the fol- 
lowing section: — Section 6. It shall be the duty of the 
board, under the supervision and direction of the district, to 
construct, reconstruct, erect, repair, maintain and have 
charge of all lamp posts, street lamps, and street hydrants in 
the fire district, and to have charge of all matters pertaining 
thereto as herein provided. 

Section 4. Sections 7 to 13, inclusive, and section 20 of 
said chapter 69 are hereby repealed. 

Section 5. Said chapter 69 is hereby further amended by 
striking out section 17 and inserting in place thereof the 
following section: — Section 17. The prudential committee 
or board is hereby empowered to make a taking of land for the 
furtherance of the provisions of this chapter and whenever 
land is so taken, said committee or board shall, within sixty 
days after any such taking, file in the registry of deeds of the 
county of Berkshire a description of the land so taken, suffi- 
ciently accurate for identification, and a statement of the 
purpose for which it is taken ; and the right to use all land so 
taken for the purposes mentioned in said statement shall vest 
in said fire district and its successors. Damages for land so 
taken shall be paid by the fire district; and any person ag- 



Acts, 1948. — Chaps. 350, 351. 339 

grieved by the taking of his land under this act, who fails to 
agree with the board as to the amount of damages, may, 
upon a petition filed with the county commissioners of the 
county of Berkshire within one year after the filing of the 
description thereof in the registry of deeds, have his dam- 
ages assessed and determined in the manner provided when 
land is taken for the laying out of highways; and if either 
party is not satisfied with the award of damages by the 
county commissioners, and shall apply for a jury to revise 
the same, the fire district shall pay the damages awarded by 
the jury, and shall pay costs if the damages are increased by 
the jury, and shall recover costs if the damages are decreased; 
but if the jury shall award the same damages as were awarded 
by the county commissioners, the party who applied for the 
jury shall pay costs to the other party. 

Section 6. Said chapter 69 is hereby further amended by 
striking out section 19 and inserting in place thereof the fol- 
lowing section: — Section 19. The provisions of all general 
laws of the commonwealth, applicable to fire districts and 
not inconsistent with this act, shall apply to the fire district 
organized hereunder. 

Section 7. This act shall take effect upon its passage. 

Approved May 21, 1948. 



An Act validating and confirming the election of (7/ia».350 

OFFICERS AND OTHER PROCEEDINGS OF THE ANNUAL TOWN 
MEETING OF THE INHABITANTS OF THE TOWN OF NAHANT 
IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. The election of officers and other proceedings 
at the annual town meeting of the inhabitants of the town 
of Nahant held on March twentieth in the current year, if 
otherwise valid, are hereby validated and confirmed, not- 
withstanding that the warrant for such meeting directed the 
meeting to assemble at one thirty o'clock in the afternoon, 
when the by-laws of said town provide that the annual town 
meeting shall be called at seven o'clock in the forenoon. 

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

Approved May 21, 1948. 



An Act relative to salary plans adopted by cities and (Jfiav 351 

towns. ^' 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 108A, inserted by section 2 of chapter nosA^'etc, 
540 of the acts of 1947, and inserting in place thereof the amended, 
following: — Section 108 A. A city by ordinance and a cities and 
town by by-law may establish, and from time to time da'^^lyTm- 
amend, a plan classifying any or all positions, other than 



340 Acts, 1948. — Chaps. 352, 353. 

pioyeesfor those filled by popular election and those under the direc- 
oftiUarres^*' tlon and control of the school committee, into groups and 
classes doing substantially similar work or having sub- 
stantially equal responsibilities. Such city or town may in 
like manner or in a city by vote of the city council, subject 
to the provisions of its charter, and in a town by vote of the 
town at a town meeting, establish, and from time to time 
amend, a plan establishing minimum and maximum salaries 
to be paid to employees in positions so classified, and such 
salary plan may provide for the attainment of such maximum 
salaries by periodical step-rate increases based on length of 
service. Nothing in this section shall be construed to con- 
flict with the provisions of chapter thirty-one. Any by-law 
adopted under the provisions of this section shall not be sub- 
ject to section thirty-two of chapter forty. 

Approved May 21, 1948. 



Chav 352 ^^ ^^^ '^^ authorize the city of Gardner to make im- 
mediate use of certain funds now in its possession. 

Be it enacted, etc., as follows: 

Section 1. The city of Gardner is hereby authorized to 
transfer the unexpended balance of the proceeds of two 
loans made in September, nineteen hundred and forty-seven, 
to provide funds for sewer construction purposes or to any 
other account established for purposes for which a loan 
may be authorized for not less than ten years, notwith- 
standing the provision of section twenty of chapter forty- 
four of the General Laws. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a two thirds vote of the city council of said 
city, but not otherwise. Approved May 21, 1948. 



Chav 353 ^^ ^^'^ authorizing the town of templeton to supply 
' ' itself and its inhabitants with water. 

Be it enacted, etc., as follows. • 

Section 1. The town of Templeton may supply itself and 
its inhabitants with water for the extinguishment of fires 
and for domestic and other purposes ; may establish fountains 
and hydrants, relocate or discontinue the same, and may 
regulate the use of such water and fix and collect rates to be 
paid for the use of the same. 

Section 2. For the purposes aforesaid, said town, acting 
by and through its board of water commissioners hereinafter 
provided for, may contract with any other municipality, 
acting through its water department, or with any water com- 
pany, or with any water district, for whatever water may be 
required, authority to furnish the same being hereby granted, 
and/or may take by eminent domain under chapter seventy- 
nine or chapter eighty A of the General Laws, or acquire by 



Acts, 1948. — Chap. 353. 341 

lease, purchase, gift, devise or otherwise, and hold, the waters, 
or any portion thereof, of any pond, brook, spring or stream 
or of any ground water sources, by means of driven, artesian 
or other wells or filter galleries, within the limits of said 
town, not already appropriated for purposes of public water 
supply, and the water rights connected with any such water 
sources; and also for said purposes may take by eminent 
domain under said chapter seventy-nine or said chapter 
eighty A, or acquire by lease, purchase, gift, devise or other- 
wise, and hold, all lands, rights of way and other easements 
necessary for collecting, storing, holding, purifying and treat- 
ing such water and protecting and preserving the purity 
thereof and for conveying the same to any part of said town ; 
pro\ided, that no source of water supply and no lands neces- 
sary for protecting and preser\ing the purity of the water 
shall be taken or used without first obtaining the advice and 
approval of the department of public health, and that the 
location and arrangement of all dams, reservoirs, wells or 
filter galleries, filtration and pumping plants or other works 
necessary in carrying out the provisions of this act shall be 
subject to the approval of said department; and for said 
purposes said town may acquire by lease, purchase, gift, 
bequest or otherwise any appliances, works, tools, machinery 
and other equipment that may be necessary or expedient in 
carrying out the provisions of this act. Said town may con- 
struct and maintain on the lands acquired and held under this 
act proper dams, wells, reservoirs, pumping and filtration 
plants, buildings, standpipes, tank--, fixtures and other struc- 
tures, including also purification and treatment works, the 
construction and maintenance of which shall be subject to 
the approval of said department of public health, and may 
make excavations, procure and operate machinery, and pro- 
vide such other means and appliances and do such other 
things as may be necessary for the establishment and main- 
tenance of complete and effective water works; and for that 
purpose may construct, lay and maintain aqueducts, con- 
duits, pipes and other works, under or over any lands, water 
courses, railroads, railways and public or other ways, and 
along any such way in said town in such manner as not un- 
necessarily to obstruct the same; and for the purposes of 
constructing, laying, maintaining, operating and repairing 
such conduits, pipes and other works, and for all other proper 
purposes of this act, said town may dig up or raise and em- 
bank any such lands, highways or other ways in such manner 
as to cause the least hindrance to public travel thereon; 
provided, that all things done upon any such way shall be 
subject to the direction of the selectmen of said town. Said 
town shall not enter upon, construct or lay any conduits, 
pipes or other works within the location of any railroad cor- 
poration 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 
utihties. Said town may enter upon any lands for the pur- 



342 Acts, 1948. — Chap. 353. 

pose of making surveys, test pits and borings, and may take 
or otherwise acquire the right to occupy temporarily any 
lands necessary for the construction of any works or for any 
other purpose authorized by this act. 

Section 3. The land, water rights and other property 
taken or acquired under this act, and all works, buildings 
and other structures erected or constructed thereunder, shall 
be managed, improved and controlled by the board of water 
commissioners hereinafter provided for, in such manner as 
they shall deem for the best interest of the town. 

Section 4. Any person or corporation injured in his or its 
property by any action of said town or board under this act 
may recover damages from said town under said chapter 
seventj^-nine or said chapter eighty A; provided, that the 
right to damages for the taking of any water, water source 
or water right, or any injury thereto, shall not vest until the 
water is actually withdrawn or diverted by said town imder 
authority of this act. 

Section 5. Said town may, for the purpose of paying the 
necessary expenses and liabilities incurred or to be incurred 
under the provisions of this act, other than expenses of main- 
tenance and operation, issue from time to time bonds or notes 
to an amount, not exceeding, in the aggregate, two hundred 
seventy-five thousand dollars, which shall bear on their faces 
the words, Town of Templeton Water Loan, Act of 1948. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than thirty years 
from their dates. Indebtedness incurred under the provisions 
of this act shall be outside the debt limit as fixed for water 
supply loans by chapter forty-four of the General Laws, btit 
otherwise shall be subject to the applicable provisions of 
said chapter. 

Section 6. Said town shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with the provisions of section five; and when a 
vote to that effect has been passed, a sum which, with the 
income derived from the water rates, will be sufficient to 
pay the annual expense of operating its water works or the 
purchasing of water and the maintenance of its pipe lines, 
as the case may be, and the interest as it accrues on the bonds 
or notes issued as aforesaid, and to make such payments on 
the principal as may be required under the provisions of this 
act, shall without further vote be assessed by the assessors 
of said town annually thereafter in the same manner as 
other taxes, until the debt incurred by the said loan or loans 
is extinguished. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 



Acts, 1948. — Chap. 353. 343 

to be recovered in an action of tort; and upon conviction 
of any one of the above wilful or wanton acts shall be pun- 
ished by a fine of not more than three hundred dollars or 
by imprisonment for not more than one year, or both. 

Section 8. Said town shall, after its acceptance of this 
act, at the same meeting at which the act is accepted, or at 
a meeting thereafter called for the purpose, and without the 
necessity, in either case, of a prior caucus for the nomination 
of candidates, elect by ballot three persons to hold office, 
one until the expiration of three years, one until the expira- 
tion of two years, and one until the expiration of one year, 
from the next succeeding annual town meeting, to consti- 
tute a board of water commissioners; and at the annual 
town meeting held on the day on which the shortest of such 
terms expires, and at each annual town meeting thereafter, 
one such commissioner shall be elected by ballot for the term 
of three years. All the authority granted to the town by 
this act, except sections five and six, and not otherwise 
specially provided for, shall be vested in said board of water 
commissioners, who shall be subject, however, to such in- 
structions, rules and regulations as said town may impose 
by its vote. A majority of said commissioners shall consti- 
tute a quorum for the transaction of business. After the. 
election of a board of water commissioners under authority 
of this section, any vacancy occurring in said board from 
any cause may be filled for the remainder of the unexpired 
term by said town at any legal town meeting called for the 
purpose. Any such vacancy may be filled temporarily in the 
manner provided by section eleven of chapter forty-one of 
the General Laws, and the person so appointed shall perform 
the duties of the office until the next annual meeting of said 
town or until another person is qualified. 

Section 9. Said commissioners shall fix just and equitable 
prices and rates for the use of water, and shall prescribe the 
time and manner of payment. The income of the water 
works shall be appropriated by vote of said town to defray 
all operating expenses, interest charges and payments on 
the principal as they accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as the water 
commissioners, with the approval of the town, may deter- 
mine upon, and in case a surplus should remain after pay- 
ment for such new construction the water rates shall be 
reduced proportionately. All authority vested in said com- 
missioners by the foregoing provisions of this section and 
by section three shall be subject to the provisions of section 
eight. Said commissioners shall annually, and as often as 
the town may require, render a report upon the condition 
of the works under their charge, and an account of their 
doings, including an account of the receipts and expenditures. 

Section 10. This act shall take effect upon its acceptance 



344 Acts, 1948. — Chaps. 354, 355. 

by a majority of the voters of the town of Templeton present 
and voting thereon at a town meeting called for the purpose 
within four years after its passage; but the number of meet- 
ings so called in any year shall not exceed three. 

Approved May 21, 1948. 



Chav.S54: An Act requiring registers of probate to notify the 

ATTORNEY GENERAL OF THE CREATION OR INCREASING OF 
CERTAIN ESTATES OR FUNDS FOR CHARITABLE AND OTHER 
PURPOSES, AND REQUIRING THE DEPARTMENT OF PUBLIC 
WELFARE TO NOTIFY THE ATTORNEY GENERAL OF THE 
FAILURE OF CERTAIN CHARITABLE CORPORATIONS TO FILE 
CERTAIN ANNUAL REPORTS. 

Be it enacted, etc., as follows: 

Ed?(,' 2r7ru9, Section 1. Section 19 of chapter 217 of the General 
amended. Laws, as appearing in the Tercentenary Edition, is hereby 

amended by inserting after the word "welfare "in line 4 
the words: — and to the attorney general, — so as to read 
Register of as foUows I — Ssction 19. Whenever any instrument creat- 
send Mtice ing or increasing an estate or fund for benevolent, chari- 
etc'^l'triMs'to table, humane or philanthropic purposes is filed for record 
the department in a registry of probate, the register shall forthwith send to 
weffare'and the department of public welfare and to the attorney gen- 
generai™*'^ cral a Statement setting forth the book and page in the 
registry where the instrument is recorded, with the name,* 
if any, of the estate or fund, and further stating by whom 
said estate or fund has been created or increased, and by 
whom it is to be administered. 
Ed.K i8o^§ 12, Section 2. Section 12 of chapter 180 of the General 
etc., 'amended. ' Laws, as most recently amended by chapter 24 of the acts 
of 1946, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following sen- 
f°rlairure"to tcncc '. — If any corporation subject to this section fails for 
file annual two successivc ycars to file said report, the department shall 
reports. rcport the fact to the attorney general with its recommenda- 

tion as to action, and, on information in equity by the attor- 
ney general, the supreme judicial court or the superior court, 
after notice and hearing, may decree a dissolution of the 
corporation. Approved May 21, 19 48. 



Chap.S55 An Act to provide reimbursement to towns for build- 
ing AND MAINTAINING WATER HOLES AND CISTERNS FOR 
fire PROTECTION. 

Be it enacted, etc., as follows: 

EdV'4o*ui Section 11 of chapter 40 of the General Laws, as amended 

etc^, 'amended', by scction 9 of chapter 490 of the acts of 1941, is hereby 

further amended by inserting after the word "zones" in hne 

11 the words: — and building or maintaining water holes or 

cisterns for fire protection purposes. 

Approved May 21, 1948. 



Acts, 1948. — Chaps. 356, 357. 345 



An Act providing for the protection of the shore in Chap.Sb6 

THE little neck SECTION OF THE TOWN OF IPSWICH. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized 
and directed to riprap or otherwise protect the shore in the 
Little Neck section of the town of Ipswich against erosion 
by the sea. For said purpose, said department may ex- 
pend, subject to appropriation, the sum of twenty-five hun- 
dred dollars, together with the sum of twenty-five hundred . 
dollars to be provided by the Feoffees of the Grammar School 
in the Town of Ipswich. No work shall be begun until said 
feoffees have deposited in the state treasury the sum of 
twenty-five hundred dollars for the purposes herein set 
forth. Approved May 21, 1948. 



An Act increasing the amount of reimbursement to (JJidjy 357 
BE paid by the commonwealth in providing higher ^' 

EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF MASSA- 
CHUSETTS men AND WOMEN WHO DIED IN THE MILITARY 
OR NAVAL SERVICE OF THE UNITED STATES DURING TIME 
OF ANY WAR OR INSURRECTION, OR AS THE RESULT OF 
SUCH SERVICE. 

Be it enacted, etc., as follows: 

The second paragraph of section 7B of chapter 69 of the g. l. (Ter. 
General Laws, as amended by chapter 399 of the acts of ^tc;!'amendld.' 
1947, is hereby further amended by striking out, in line 6, 
the words "three hundred and fifty" and inserting in place 
thereof the words : — five hundred, — so as to read as fol- 
lows : — 

Any child who is eligible under this section shall, upon Reimburse- 
becoming a student in any state or county educational in- ^mmonweaith. 
stitution or other educational institution approved in writ- 
ing by the commissioner of education, be entitled to reim- 
bursement by the commonwealth, in an amount not to 
exceed five hundred dollars in any year, for expenses for tui- 
tion, board and room rent, transportation, and books and 
supplies necessary or incidental to his pursuit of study at 
such educational institution. Such reimbursement shall be 
made to such child, or his guardian, if any, on the presenta- 
tion of vouchers therefor approved by the said commis- 
sioner. Such payments shall continue for the benefit of a 
child only during such time as he remains a student in good 
standing in the institution in which he is enrolled, and in 
no event shall any student receive the benefits provided by 
this section for more than four years. 

Approved May 21, 1948. 



346 Acts, 1948. — Chaps. 358, 359, 360. 

Chap.S58 An Act directing the commissioner of conservation 

TO LEASE certain LAND IN THE TOWN OF SPENCER TO 
THE WORCESTER COUNTY 4 H CAMP COMMITTEE. 

Be it enacted, etc., as follows: 

The commissioner of conservation, with the approval of 
the governor and council, is hereby authorized and directed 
to lease, for a term not exceeding twenty-five years, to the 
Worcester County 4 H Camp Committee, appointed by the 
county commissioners of the county of Worcester, a certain 
tract of land, now part of a state forest and consisting of 
approximately twelve acres on the shores of Thompson's 
pond in the town of Spencer, together with the buildings 
thereon, to be used as a meeting place for said Worcester 
County 4 H Camp Committee and for the development of 
interest in agriculture by young people. Said lease shall 
contain such terms and conditions as will comply with all 
laws in relation to the protection of fish, birds and quadru- 
peds and the preservation and development of said forest. 
Notwithstanding said lease the control and supervision of 
the land so leased shall remain under said commissioner, 
and all provisions of law relating to state forests not incon- 
sistent with this act shall remain in full force and effect. 
Upon failure of said Worcester County 4 H Camp Com- 
mittee, for a period of two years, to make use of said prop- 
erty for the purpose of said lease, said commissioner may 
immediately cancel said lease upon written notification to 
said committee. Upon termination of said lease any build- 
ing or other structure on the leased property shall become 
the property of the commonwealth. Except as above pro- 
vided, nothing in this act shall be construed to prevent the 
use of said forest by the public to the same extent as if this 
act had not been passed. Approved May 21, 1948. 

Chap.S59 An Act relative to the powers of medical service 

CORPORATIONS. 

Be it enacted, etc., as follows: 

EdV' 176B Section 3 of chapter 176B of the General Laws, as appear- 

§ 3', etc., ' ing in chapter 306 of the acts of 1941, is hereby amended by 

amended. adding at the end the following paragraph : — 

Powers of Any mcdical service corporation may contract with a 

medical service . ■ r i i i, 111 i j. 

corporations, corporation lormcd under chapter one hundred and seventy- 
six A for the joint or co-operative administration of their 
affairs. Approved May 21, 1948. 

C/iax>. 360 An Act permitting an increase in the amount which 

MAY BE EXPENDED BY THE STATE BOARD FOR VOCATIONAL 
EDUCATION FOR THE PURPOSE OF FURNISHING AID DURING 
REHABILITATION TO CERTAIN PERSONS. 

Be it enacted, etc., as follows: 

Ec1.m^4TT22B, The first paragraph of section 22B of chapter 74 of the 
amended. General Laws, as appearing in the Tercentenary Edition, 



Acts, 1948. — Chaps. 361, 362. 347 

is hereby amended by striking out, in line 3, the words ", not 
exceeding ten thousand dollars,", — so as to read as fol- 
lows : — Said state board for vocational education may ex- Aid during 
pend, under rules and regulations made by it and approved '•ehabiiitati 
by the governor and council, such sums as may be annually 
appropriated therefor, for the purpose of furnishing aid dur- 
ing rehabilitation to such persons as it shall deem able to 
profit by training. Approved May 21, 1948. 



ion. 



An Act to authorize investment of deposits and income (7/^(x».361 
derived therefrom by savings banks in bonds, notes ^' 
or obligations issued, assumed or guaranteed by 
international bank for reconstruction and develop- 
MENT. 

Be it enacted, etc., as follows: 

Section 54 of chapter 168 of the General Laws, as amended, g^i- {Tm.^ ^^^ 
is hereby further amended by inserting after clause Second etc., 'new ci. 

■ 1 /• 11 • 1 Second A, 

the followmg clause: — • added. 

Second A. In bonds, notes or obligations issued, assumed investment of 
or guaranteed by International Bank for Reconstruction fnTome'cr"^ 
and Development containing an unconditional promise to savings banks. 
pay, or an unconditional guarantee of the payment of, the 
interest thereon regularly, and the principal thereof on or 
before a specified date, in lawful currency of the United 
States; provided, that not more than two per cent of the 
deposits of any such bank shall be invested in such bonds, 
notes or obligations; and, provided further, that the com- 
missioner may at any time on his own initiative, or shall, upon 
the written request of the directors of Mutual Savings Cen- 
tral Fund, Inc., suspend the authorization granted by this 
clause for such period or periods as he may determine. 

Approved May 21, 1948. 



An Act defining an "occupation" under the minimum Chav.SQ2 

WAGE LAW. 

Whereas, The deferred operation of this act would tend p;"anfbie?^ 
to defeat its purpose, which is in part to assure the immediate 
effectiveness of certain existing mandatory minimum wage 
decrees, therefore this act is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 2 of chapter 151 of the General Laws, as appear- g.l. jjer ^ 
ing in section 1 of chapter 432 of the acts of 1947, is hereby etc., 'amended'. 
amended by striking out the ninth paragraph and inserting 
in place thereof the following paragraph: — 

"Occupation", an industry, trade or business or branch d^fj^ne'Jf ''*'°" " 
thereof or class of work therein, whether operated for profit 
or otherwise, and any other class of work in which persons 



348 Acts, 1948. — Chaps. 363, 364. 

are gainfully employed, but shall not include domestic 
service in the home of the employer, labor on a farm, work 
by persons being rehabilitated or trained under rehabilitation 
or training programs in charitable, educational or religious 
institutions, or work by members of religious orders. 

Approved May 24, 1948. 



C/iap. 363 An Act authorizing the town of danvers to borrow 

MONEY FOR THE CONSTRUCTION OF A NEW MUNICIPAL 
BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a municipal 
building and of originally equipping and furnishing the same, 
the town of Danvers 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, six hundred 
thousand dollars, and may issue bonds or notes therefor 
which shall bear on their face the words Danvers Municipal 
Building Loan, Act of 1948. 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, inclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved May 24, 1948. 



Chap. 364: An Act authorizing the town of Freetown to borrow 
money for the construction and furnishing of a new 
school building. 

Be it enacted, etc., as follows: 

Section L For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town 
of Freetown 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, eighty thou- 
sand dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, Freetown School Loan, 
Act of 1948. Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be paid in not more than 
twenty years from their dates. Indebtedness incurred under 
this act shall be in excess of the statutory limit but shall, 
except as 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 24, 1948. 



Acts, 1948. — Chaps. 365, 366. 340 



An Act providing for the establishment and mainte- Chap. 365 

NANCE OF PLANTS FOR THE TREATMENT OR PURIFICATION 
OF SHELLFISH. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is, in part, to make immediately 
operative the provisions therein relative to providing for the 
establishment and maintenance of plants for the treatment or 
purification of shellfish, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public health. 

Be it enacted, etc., as follows: 

Section 76 of chapter 130 of the General Laws, as appear- g. l. (Tor. 
ing in section 1 of chapter 598 of the acts of 1941, is hereby fttJameAdir' 
amended by inserting after the third paragraph the following 
paragraph: — 

The director, with the approval of the governor and council, ^iaWish Tnd 
may, if and when funds are provided by the general court and maintain 
to the extent of the appropriation or appropriations therefor, puHfication of 
establish and thereafter maintain at such places as in his ^heimsh. 
judgment seem suitable, plants for the treatment or purifica- 
tion of shellfish taken from areas determined under section 
seventy-four, or corresponding provisions of earlier laws, to 
be contaminated, and for such purposes the director may 
acquire by purchase or otherwise, or take by eminent domain 
under chapter seventy-nine, an existing plant and may hold 
such real property and such rights and easements as may be 
considered necessary. In connection with the operation of 
such treatment or purification plants, the director annually 
shall submit a report to the general court containing statisti- 
cal data relative to the operation of the plant and a financial 
statement of receipts and expenditures. 

Approved May 24, 1948. 



An Act designating the hyde park reservation field, Chav.S66 

so CALLED, LOCATED IN THE HYDE PARK DISTRICT OF THE 
CITY OF BOSTON AS THE MAJOR ALBERT J. KELLEY FIELD. 

Be it enacted, etc., as follows: 

Section 1. The Hyde Park Reservation Field, so called, 
located at the junction of Turtle Pond parkway and River 
street in the Hyde Park district of the city of Boston, shall 
hereafter be known and designated as the Major Albert J. 
Kelley Field, and a tablet or marker bearing said designation 
shall be erected at said field by the metropolitan district com- 
mission. 

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

Approved May 24, 1948. 



350 Acts, 1948. — Chaps. 367, 368. 

Chap.3Q7 An Act further providing for sewage disposal needs 

OF THE SOUTH METROPOLITAN SEWERAGE DISTRICT AND 
COMMUNITIES WHICH NOW OR HEREAFTER MAY BE INCLUDED 
IN SAID DISTRICT. 

prTambie''^ ^hereas, The deferred operation of this act would, in 

part, defeat its purpose, which is to provide for sewage dis- 
posal needs in the south metropolitan sewerage district with 
the utmost expedition, therefore, it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public health, safety and convenience. 

Be it enacted, etc., as follows: 

The metropolitan district commission, as authorized by 
chapter seven hundred and five of the acts of nineteen 
hundred and forty-five and chapter five hundred and eighty- 
three of the acts of nineteen hundred and forty-seven, for 
the purpose of constructing certain works as the commis- 
sion may deem necessary in the vicinity of Ashby street in 
the city of Boston, preliminary to the carrying out of Project 
4 as set forth in section one of said chapter seven hundred 
and five, may expend, from the aggregate of fifteen million 
dollars, provided in section one of said chapter, sums not 
exceeding fifty thousand dollars, such sums to be in addition 
to amounts previously authorized to be expended therefrom. 

Approved May 24, 1948. 



Chap.SQS An Act to exempt certain disabled veterans from the 

PAYMENT OF CERTAIN MOTOR VEHICLE EXCISE TAXES AND 
REGISTRATION FEES. 

prTambiT^ ^hereas, The deferred operation of this act would tend 

to defeat its purpose, which is, in part, to exempt certain 
disabled veterans from the payment in the current year of 
the excise on certain motor vehicles owned by them, 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: 

Any veteran of World War II, who under the act of the 
Seventy-Ninth Congress has been awarded a motor vehicle 
by reason of the loss, or loss of use, of one or both legs, shall 
not be required to pay a fee under section thirty-three of 
chapter ninety of the General Laws for the issue of the 
certificate of registration of such motor vehicle and shall at 
his written request filed with the local assessors, or with the 
commissioner of corporations and taxation, as the case may 
be, within thirty days of notice of assessment, be exempt from 
payment of the excise imposed by chapter sixty A of the Gen- 
eral Laws. Approved May 24, 1948. 



Acts, 1948. — Chaps. 369, 370. 351 



An Act authorizing the armory commission to acquire QJkiq 359 
additional land for the state rifle range. 

Be it enacted, etc., as follows: 

Section 1. After an appropriation has been made for 
the purpose, the armory commission is hereby authorized, 
with the approval of the governor and council, to acquire 
by purchase or to take by eminent domain under chapter 
seventy-nine of the General Laws, certain land lying in the 
towns of Lynnfield, North Reading and Reading adjoining 
the north and westerly boundaries of the present state rifle 
range property. The land to be acquired shall adjoin the 
state rifle range and shall extend in a northerly direction 
three thousand five hundred yards from the established 
firing line to provide a new northerly property line parallel 
with the firing line having its western bound intersecting 
the westerly range line described as a line five degrees to 
the most westerly line of fire, and its easterly limit at a 
point on the existing state property line. 

In addition to the area thus described, said armory com- 
mission is hereby authorized, with like approval, to acquire 
a contiguous triangular area, excepting the property now 
owned or controlled by the New England Power and Service 
Company or presently owTied by the commonwealth, hav- 
ing its southern apex on the westerly range line, a distance 
of seven thousand nine hundred and eighty feet from a 
reference point near the firing line. The easterly leg of this 
triangle shall be coincident with the westerly range line, 
the area involved lying to the west of this line between an 
included angle of six degrees, having its northern limits 
along a line which shall be a westerly extension of the three 
thousand five hundred yard new northerly property line 
herein described. 

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

Approved May 24, 1948. 



C hap. S70 



An Act establishing new penalties for setting, in- 
creasing OR negligently or wilfully permitting 

THE extension OF CERTAIN FIRES, AND FOR DROPPING, 
THROWING, DEPOSITING OR PLACING CERTAIN SUBSTANCES 
IN OR NEAR FOREST LANDS. 

Be it enacted, etc., as follows: 

Section 1 . Chapter 266 of the General Laws is hereby o. l. (Ter. 
amended by striking out section 8, as amended by section 6 ^ttl'amMded. 
of chapter 192 of the acts of 1932, and inserting in place 
thereof the following section: — Section 8. Whoever, not Penalty for 

,. J. j.r. c J. • c. ijj; setting tires 

bemg a tenant thereoi, sets or increases a nre upon land oi upon certain 
another whereby the property of another is injured, or who- ''*"''^- 
ever negligently or wilfully suffers any fire upon his own 
land to extend beyond the limits thereof whereby the woods 



352 



Acts, 1948. — Chaps. 371, 372. 



G. L. (Ter. 
Ed.), 148. § 54, 
amended. 



Dropping, etc. 
lighted cig- 
arettes, etc., 
penalized. 



or property of another are injured, shall be punished by a 
fine of not more than two hundred and fifty dollars or by 
imprisonment for not more than ninety days, and the town 
where such fire occurred may recover in an action of tort, 
brought within two years after the cause of action accrues, 
against any such person the expense of extinguishing such 
fire. 

Section 2. Chapter 148 of the General Laws is hereby 
amended by striking out section 54, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following section: — Section 54- Whoever drops or throws 
from any vehicle while the same is upon a public or private 
way running along or near forest land, or, except as per- 
mitted by law, drops, throws, deposits or otherwise places 
in or upon forest land, any lighted cigarette, cigar, match, 
live ashes or other flaming or glowing substance, or any 
substance or thing which in and of itself is likely to cause a 
fire, shall be punished by a fine of not more than one hun- 
dred dollars or by imprisonment for not more than thirty 
days. Approved May 2^, 1948. 



Chap. 371 ^N -^CT ESTABLISHING A MAXIMUM AGE LIMIT FOR BOXING 

CONTESTANTS. 



G. L. (Ter. 
Ed.), 147, § 39, 
amended. 



Maximum age 
for boxing 
contestants. 



Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by 
striking out section 39, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
tion : — Section 39. No contestant under eighteen or over 
thirty-five shall be permitted to engage in any boxing or 
sparring match or exhibition, except that an amateur boxer 
shall be allowed to compete as such at the age of seventeen. 
No person under sixteen shall be admitted to or be present 
at any boxing or sparring match or exhibition. 

Approved May 24, 1948. 



Chap. 372 An Act making the transient vendor law, so called, 

INAPPLICABLE TO CORPORATIONS AND THEIR AGENTS. 



G. L. (Ter. 
Ed.). 101, § 2, 
amended. 



Limit of 
application 
of chapter. 



Be it enacted, etc., as follows: 

Section 2 of chapter 101 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by 
inserting after the word "merchandise" in line 5 the words: 
— by any domestic corporation or agent thereof, — so as 
to read as follows : — Section 2. The provisions of this 
chapter relative to transient vendors shall not apply to 
sales by commercial travelers or by selling agents to dealers 
in the usual course of business, or to bona fide sales of goods, 
wares or merchandise by sample for future delivery, or to 
sales of goods, wares or merchandise by any domestic cor- 
poration or agent thereof, by any person, whether principal 
or agent, who engages in temporary or transient business 



Acts, 1948. — Chaps. 373, 374, 375. 353 

in any town in which taxes have been assessed upon his 
stock in trade during the current year, or to hawkers and 
pedlers as defined in section thirteen, nor shall they affect 
the right of any town to pass ordinances or by-laws author- 
ized by law relative to transient vendors. No transient Certain 
vendor shall be relieved or exempted from the provisions exempted?* 
and requirements of this chapter relative to transient ven- 
dors by reason of associating himself temporarily with any 
local dealer, trader or merchant, or by conducting such 
temporary or transient business in connection with or as 
a part of the business of, or in the name of any local dealer, 
trader or merchant. Approved May 24, 1948. 

An Act increasing the fees for testing clinical ther- ni^^.^ 070 

MOMETERS. p.OiO 

Be it enacted, etc., as follows: 

Section 12 of chapter 98 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by fj^ende^d ^ ^^' 
striking out the second paragraph and inserting in place 
thereof the following paragraph : — 

The following fees for testing clinical thermometers shall Fees. 
be paid to the director for the use of the commonwealth: 
(a) one to eleven thermometers, inclusive, twenty-five cents 
each; (h) any number in excess of eleven, at the rate of 
two dollars per tlozen; but no fee shall be charged for test- 
ing thermometers bearing the seal authorized by section 
thirteen other than those which have been voluntarily sub- 
mitted for test by the director or inspectors of standards. 

Approved May 24, 1948. 



An Act providing for a payment to the city of Chel- 
sea FOR certain damages SUSTAINED BY THE CON- 
STRUCTION OF A SEWER THEREIN BY THE METROPOLITAN 
DISTRICT COMMISSION. 

Be it enacted, etc., as follows: 

The metropolitan district commission, subject to appro- 
priation, is hereby authorized and directed to pay to the 
city of Chelsea the sum of thirty-three thousand dollars to 
compensate said city for damages sustained with respect 
to its local sewers in the construction of the metropolitan 
sewer under Third street in said city. 

Approved May 24, 1948. 

An Act making an additional appropriation to meet 

THE cost of the INTERIM COST-OF-LIVING ADJUSTMENT 
IN STATE SALARIES. 

Be it enacted, etc., as follows: 

Section 1. To meet the cost of the interim cost-of- 
living adjustment in state salaries authorized in section five 



C/iap.374 



Chap.S75 



354 Acts, 1948. — Chaps. 376, 377. 

of chapter three hundred and eleven of the acts of the cur- 
rent year, the sum of two hundred thousand dollars is hereby 
appropriated for the fiscal year nineteen hundred and forty- 
eight, which sum shall be in addition to the sum appropriated 
for said purpose by section nine of chapter three hundred 
and thirty-six of the acts of the current year, and shall be 
subject otherwise to the provisions of said section nine. 
Section 2. This act shall take effect upon its passage. 

Approved May 25, 1948. 

Chap.37Q An Act authorizing and directing the commissioner of 

PUBLIC WELFARE TO SELL AND CONVEY TO THE TOWN OF 
WALPOLE certain state LAND IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of public welfare is hereby 
authorized and directed to sell and convey, in the name and 
on behalf of the commonwealth, to the town of Walpole, for 
the sum of one dollar, a certain tract of land in said town, 
known as the Robbins Farm, conveyed to the state board 
of charity of the commonwealth by two deeds dated July 
thirteenth, nineteen hundred and eleven, and recorded in 
Norfolk Registry of Deeds, Book 1185, Folios 210 and 211, 
and received and held on behalf of the commonwealth under 
authority of chapter one hundred and one of the resolves of 
the year nineteen hundred and eleven. Said property shall 
be used and sold for veterans' housing purposes only and 
conveyed by a deed or deeds approved as to form by the 
attorney general. 

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

Approved May 25, 1948. 

Chap. 377 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, during the cur- 
rent year, incur indebtedness not exceeding, in the aggre- 
gate, one hundred and eighteen thousand dollars, for ex- 
tending and enlarging the electric lighting 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 
1948. 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 un- 
der 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 effect upon its passage. 

Approved May 25, 1948. 



Acts, 1948. — Chaps. 378, 379, 380. 355 



An Act authorizing the trustees of the augustinian Chap. S7S 

COLLEGE OF THE MERRIMACK VALLEY AND THE TOWN OF 
ANDOVER TO CONTRACT WITH EACH OTHER FOR THE DIS- 
POSAL OF SEWAGE FROM SAID COLLEGE INTO THE SEWER- 
AGE SYSTEM OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Augustinian College of 
the Merrimack Valley, commonly called Merrimack College, 
and the town of Andover by its board of public works, with 
the approval of the board of selectmen, are hereby authorized 
to contract with each other upon such terms as may be 
mutually agreed upon for the disposal of sewage of said 
college into the sewerage system of the town of Andover. 

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

Approved May 25, 1948. 



An Act authorizing the election of selectmen for Chap.S79 
three year terms in the town of canton. 

Be it enacted, etc., as follows: 

Section 1. At the annual town election in the year nine- 
teen hundred and forty-nine the town of Canton shall elect 
one selectman for a term of one year, one for a term of two 
years and one for a term of three years, and thereafter shall 
elect one selectman each year for a term of three years. 

Section 2. This act shall be submitted to the registered 
voters of the town of Canton for acceptance at the biennial 
state election in the current year, in the form of the following 
question, which shall be placed on the official ballot used in 
said town at said election: "Shall an act passed by the gen- 
eral court in the year nineteen hundred and forty-eight, en- 
titled 'An Act authorizing the election of selectmen for three 
year terms in the town of Canton', be accepted*^" If a 
majority of the votes cast in answer to said question is in 
the affirmative this act shall take full effect forthwith; but 
not otherwise. Approved May 25, 1948. 



An Act authorizing the state board of retirement to QJiap,S80 

ACCEPT from jane H. MURPHY OF STONEHAM AN APPLI- 
CATION FOR CERTAIN BENEFITS UNDER THE STATE RETIRE- 
MENT SYSTEM. 

Be it enacted, etc., as follows: 

The state board of retirement is hereby authorized and 
directed to accept from Jane H. Murphy, widow of William 
T. Murphy, of Stoneham, an application for benefits under 
the contributory retirement law for employees of the met- 
ropolitan district commission, on account of the death of 
her husband allegedly due to injuries sustained or hazards 
undergone in the performance of his duties. 



356 



Acts, 1948. — Chaps. 381, 382, 383. 



On receipt of such application by said board, the said 
Jane H. Murphy shall have all rights to which she would 
have been entitled on and after August thirty-first, nineteen 
hundred and forty-two; provided, that such application shall 
be filed not more than ninety days after the effective date of 
this act. Approved May 25, 1948. 



G. L. (Ter. 
Ed.). 69, § 7B. 
etc., amended. 



Higher edu- 
cation for 
children of 
certain 
veterans. 



Chap. SSI An Act relative to providing higher educational 

OPPORTUNITIES FOR CHILDREN OF MASSACHUSETTS MEN 
AND WOMEN WHO DIED IN THE ARMED FORCES OF THE 
UNITED STATES, OR AS A RESULT OF SUCH SERVICE. 

Be it enacted, etc., as follows: 

The first paragraph of section 7B of chapter 69 of the Gen- 
eral Laws, as appearing in section 1 of chapter 548 of the 
acts of 1946, is hereby amended by inserting after the word 
"war" in line 6 the words: — , or between September six- 
teenth, nineteen hundred and forty and December eighth, 
nineteen hundred and forty-one, — so as to read as follows : 
— The commonwealth, acting through the department, may 
contribute toward the expenses of the higher education of 
any child, resident in the commonwealth and not under 
sixteen years of age, whose father or mother entered the 
armed forces of the United States in time of war, or between 
September sixteenth, nineteen hundred and forty and 
December eighth, nineteen hundred and forty-one, and 
was killed in action or died from other cause as a result 
of such service. Approved May 25, 1948. 



Chap, SS2 An Act providing that master plumbers may carry 

ON THE WORK OF GAS FITTERS. 



G. L. (Ter. 

Ed.), 142, 

§ 3, amended. 



Master 

plumbers may 
do work of 
gas fitters. 



Be it enacted, etc., as follows: 

Section 3 of chapter 142 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by insert- 
ing after the first sentence the following sentence: — Any 
person so licensed as a master plumber may carry on the 
work of a gas fitter throughout the commonwealth, not- 
withstanding any local ordinance, by-law, rule or regula- 
tion to the contrary. Approved May 25, 1948. 



Chap.SSS An Act authorizing the city of boston to borrow 

WITHIN THE DEBT LIMIT FOR THE CONSTRUCTION OF CER- 
TAIN WAYS WITHIN OR BOUNDING ON OR CONNECTING 
WITH ANY PUBLIC PARK IN SAID CITY. 

Be it enacted, etc., as follows: 

« 

Section 7 of chapter 44 of the General Laws, as amended, 
is hereby further amended by inserting after clause (14) the 
following clause: — 

(15) In Boston, for the original construction, or the ex- 
tension or widening, with permanent pavement of lasting 



G. L. (Ter. 
Ed.), 44, § 7, 
etc., amended. 



City of Boston 
may borrow, 
etc., to con- 



Acts, 1948. — Chaps. 384, 385. 357 

character conforming to specifications approved by the struct ways in 
state department of pubHc works and under the direction pubiiTparks. 
of the board of park commissioners of the city of Boston, of 
ways, other than pubHc ways, within or bounding on or 
connecting with any pubUc park in said city, including land 
damages and the cost of pavement and sidewalks laid at the 
time of said construction, or for the construction of such ways 
with stone, block, brick, cement concrete, bituminous con- 
crete, bituminous macadam or other permanent pave- 
ment of similar lasting character under specifications ap- 
proved by said department of public works, ten years. 

Approved May 25, 1948. 



An Act relative to repayment of withdrawn deduc- Qfidj) 334 

TIONS FROM THE TEACHERS' RETIREMENT SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Chapter 667 of the acts of 1947 is hereby 
amended by striking out section 10 and inserting in place 
thereof the following: — Section 10. Any teacher who is 
a member of the State-Boston retirement system, so called, 
and who, prior to becoming such member, withdrew accu- 
mulated deductions from the teachers' retirement system, 
may deposit, prior to January first, nineteen hundred and 
forty-nine, in the annuity savings fund of said State-Boston 
retirement system the amount so withdrawn without pay- 
ment of interest from the date of such withdrawal to De- 
cember thirty-first, nineteen hundred and forty-seven. If 
such deposit is made after December thirty-first, nineteen 
hundred and forty-seven, it shall include interest from said 
date to the date of deposit. Upon making such deposit, such 
teacher shall be entitled to credit for all service to which he 
had been entitled in said teachers' retirement system. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
the city of Boston, subject to the provisions of its charter, 
but not otherwise. Approved May 25, 1948. 



Chap.SS5 



An Act relative to the payment of expenses for the 

SUPPORT OF certain CHILDREN COMMITTED TO THE DE- 
PARTMENT OF PUBLIC WELFARE AND CERTAIN CORREC- 
TIONAL INSTITUTIONS. 

Be it enacted, etc., as follows: 

Section 58 of chapter 119 of the General Laws, as most o. l. (Ter. 
recently amended by section 4 of chapter 310 of the acts of ftl! 'amended^' 
the current year, is hereby further amended by adding at 
the end the following paragraph : — 

The court may make an order for payment by parents or Court may 
by the child's guardian out of the ward's property, or by ^o^expensTs*""* 
any other person responsible for the care and support of '^fter hearing. 



358 Acts, 1948. — Chaps. 386, 387. 

said child, to the institution, department, division, organ- 
ization or persons furnishing care and support at times to 
be stated in an order by the court of sums not exceeding 
the cost of said support after ability to pay has been deter- 
mined by the court; provided, that no order for the pay- 
ment of money shall be entered until the person by whom 
payments are to be made shall have been summoned before 
the court and given an opportunity to be heard. The court 
may from time to time, upon petition by, or notice to the 
person ordered to pay such sums of money, revise or alter 
such order or make a new order, as the circumstances may 
require. Approved May 25, 1948. 



ChaV.SSQ ^^ -^^^^ RELATING TO CHARGES AND FEES FOR THE COLLEC- 
TION OF POLL TAXES. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 60 of the General Laws is hereby amended by 

flsA^etc. striking out section 15A, as inserted by section 2 of chapter 

amended. ' 252 of the acts of 1935, and inserting in place thereof the 

Travel expense following section : — Scction 15 A. No charge or fee for 

eluded in col- travel shall be added to, or collected as a part of, any de- 

S." °^ ^°" linquent poll tax. Approved May 25, 1948. 



ChaV 387 ^^ ^^^ placing under the civil SERVICE THE OFFICE OF 
SUPERVISOR OF THE STATE POLICE DETECTIVE BUREAU IN 
THE DIVISION OF STATE POLICE OF THE DEPARTMENT OF 
PUBLIC SAFETY, AND THE OFFICE OF SUPERVISOR OF STATE 
POLICE DETECTIVE INSPECTORS IN THE DIVISION OF FIRE 
PREVENTION OF SAID DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The office of supervisor of the state police 
detective bureau in the division of state police of the de- 
partment of public safety, and the office of supervisor of 
state police detective inspectors in the division of fire pre- 
vention of said department, shall, upon the effective date 
of this act become subject to the civil service law and rules, 
and the tenure of office of the incumbents of said offices 
shall be unlimited, subject, however, to said law and rules, 
but the persons holding said offices on said effective date 
may continue to serve therein subject to their passing a 
qualifying examination to which they shall be subjected 
by the division of civil service. 
g. L. (Ter. SECTION 2. Section 5 of chapter 31 of the General Laws, 

etc.', amended, as amended, is hereby further amended by striking out the 
words " ; the supervisor of bureaus in the department of 
public safety", which were inserted by section 4A of chap- 
ter 701 of the acts of 1945. Approved May 25, 1948. 



Acts, 1948. — Chaps. 388, 389, 390. 359 

An Act authorizing the town of rockport to use old CJidnj 388 

GARDEN BEACH LANDING, SO CALLED, FOR PARK AND PLAY- 
GROUND PURPOSES AND TO ERECT A STONE EMBANKMENT 
WALL ON SAID LANDING. 

Be it enacted, etc., as follows: 

Section 1. The town of Rockport is hereby authorized, 
in accordance with a vote of said town passed at the annual 
town meeting in the current year, to use Old Garden Beach 
Landing, so called, in said town for park and playground 
purposes and to erect a stone embankment on said landing. 

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

Approved May 27, 1948. 



C/iap.389 



preamble. 



An Act to permit certain employees of the state de- 
partment OF PUBLIC WORKS TO TAKE A PROMOTIONAL 
competitive examination FOR PROMOTION TO JUNIOR 
CIVIL ENGINEER, GRADE III. 

Whereas, The deferred operation of this act would tend Emergepcy 
to defeat its purpose, which is to provide without delay for a 
promotional competitive examination by certain employees 
in the department of public works for promotion to junior 
civil engineer, 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: 

Permanent employees of the state department of public 
works who are classified as highway maintenance foremen 
and who have been employed in such positions for one 
year after certification thereto are hereby eligible to take a 
promotional competitive examination for promotion to 
junior civil engineer, Grade III., to be given by the director 
of civil service at their request made within thirty days from 
the effective date of this act. Upon passing such examination, 
their names shall be placed upon the eligible list established 
from the examination held November fifteenth, nineteen 
hundred and forty-seven for junior civil engineer, Grade III 
in the order of percentage obtained by them in the examina- 
tion. Approved May 27, 19^8. 



An Act relative to the payment of the cost of con- 
struction OF particular sewers and connecting 

DRAINS IN the TOWN OF WEYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The town of Weymouth, through its board 
of sewer commissioners, may, upon the application of the 
owner of any estate abutting on any way where a main 
drain or common sewer is constructed, lay in such sewered 



Chap.S90 



360 Acts, 1948. — Chap. 391. 

way and in the private land of such owner such particular 
sewer or connecting drain as may be necessary to connect 
any building on such estate with such main drain or sewer, 
and said board may make all necessary contracts in the 
name and behalf of the town for such purpose. The expenses 
thereof shall be paid out of any appropriation that may be 
made by the town therefor. 

Section 2. The cost of constructing each particular 
sewer or connecting drain shall be assessed by the board of 
sewer commissioners upon the estate benefited thereby. 
Such assessment shall be made by filing with the board of 
assessors of the town a certificate, designating the way and 
the private land in which such particular sewer or connect- 
ing drain has been constructed, and giving the name or 
names of the owners of the estate for which such connection 
has been made and the amount of the assessment to be paid 
by such owner or owners. A copy or duplicate of this 
certificate shall, within ten days after the filing of the same 
with the board of assessors, be recorded in the registry of 
deeds of the county of Norfolk, or, in the case of registered 
land, filed in the office of the assistant recorder for Norfolk 
county registry district. The board of assessors shall, upon 
receipt of such certificate, forthwith commit such assess- 
ments or charges with their warrant to the collector of taxes, 
who shall forthwith make a demand in writing for the pay- 
ment of such assessments or charges, and every owner shall 
within three months after such demand is served upon him 
or on the occupant of such estate, or sent by mail to the last 
address of the owner known to the collector of taxes, pay to 
the collector of taxes the sum so assessed or charged. 

Section 3. Except as herein provided, the provisions of 
general law relative to the assessment, apportionment, 
division, re-assessment, abatement and collection of sewer 
assessments, to liens therefor and to interest thereon shall 
apply to assessments made under this act. In applying said 
provisions to assessments made under the act, the notice 
referred to therein shall be deemed to be the demand of the 
tax collector required by section two hereof. The lien for 
any assessment made vmder this act shall attach upon the 
recording or filing for registration of the copy or duplicate 
of the certificate of assessment. In the apportionment of 
assessments made under this act, no instalment shall be less 
than five dollars. 

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

Approved May 27, 1948. 

C hap. S91 An Act providing for the establishment of greenhead 

FLY CONTROL PROJECTS. 

Emergency Wheveas, It is Urgent that this act take effect immediately 

in order that the provisions thereof relative to providing for 
the relief of the greenhead fly nuisance may be carried out 



Acts, 1948. — Chap. 391. 361 

without delay, therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public health and convenience. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 252 of the General Laws is hereby g. l. (Ter. 
amended by adding at the end, under the caption green- f 24,' fdded.*''' 
HEAD FLY CONTROL PROJECTS, the following section: — Sec- 
tion 24. Any city or town along the seacoast of the common- Municipalities 
wealth may, in a city by vote of the city council and in a greenfead'fly 
town by vote of the selectmen, establish a greenhead fly control 
control project within its area, and any two or more adjoin- ^'"°'"'°*^' 
ing such cities or towns may, by like votes, form a district 
for the establishment of such a project within their combined 
areas. The city, town or district shall determine the maxi- 
mum annual amount to be expended in carrying out such a 
project. Such city, town or district shall forthwith notify 
the state reclamation board, hereinafter called the board, of 
such action. 

The board shall, upon notification to it of the formation of state reciama- 
such a district, determine the proportionate share of the an- dXrmfne cost 
nual cost of such project, as limited by the vote establishing munlcStie^s^ 
the same, which shall be borne by each of the constituent 
municipalities, apportioned as hereinafter set forth, and shall 
forthwith notify the treasurer of each member city or town 
of such determination. Two thirds of such cost shall be borne 
by the several municipalities within a district in proportion 
to the entire salt marsh area contained within their respective 
boundaries, and the remaining one third of such cost shall 
be borne by them in proportion to their respective taxable 
valuations as last established by the general court as a basis 
of apportionment for state and county taxes. A city or town 
establishing such a project within its area shall bear the en- 
tire cost thereof. Each of the municipalities comprising such 
a district shall pay its share of such cost, as so determined, 
and each city or town establishing such a project shall pay 
its entire cost, into the state treasury. Any city, town or 
district may in any year anticipate its liability for such cost, 
and may raise, appropriate and deposit the amount thereof 
with the state treasurer, and any sums so deposited shall be 
credited against its said liability. 

Subject to appropriation, there shall annually be expended 
from the state treasury, under the direction and control of 
the board, and, where necessary or advisable, in advance of 
the payment by any city or town of the amount of its liability 
under the foregoing paragraph, sums not in excess of the 
maxima respectively established for said projects, for the 
elimination or control of the greenhead fly nuisance within 
the area of each, in accordance with such plans and by means 
of such methods of control as may be prepared and devised 
by the board to effect the greatest possible measure of relief. 
There may also be so disbursed for the furtherance of such a 



362 Acts, 1948. — Chaps. 392, 393. 

project any other sums voluntarily deposited with the state 
treasurer for such purpose. 
ba"ianco"''^'' SECTION 2. The Unexpended balance of any sums appro- 

priated and contributed for carrying out the work authorized 
under chapter fifty-eight of the resolves of nineteen hundred 
and forty-six and chapter twenty-two of the resolves of nine- 
teen hundred and forty-seven may be expended during the 
current calendar year by the state reclamation board for 
experimental work in the control of the greenhead fly nui- 
sance in the municipalities mentioned in said chapter fifty- 
eight. In connection with such work during nineteen hun- 
dred and forty-eight the state reclamation board is hereby 
authorized to accept financial or other assistance from pri- 
vate individuals and private and public agencies, associations 
or corporations, and may expend any sums so contributed. 

Approved May 27, 1948. 



Chap. 392 An Act relative to the appointment of veterans to 

CIVIL SERVICE EMPLOYMENT UNDER THE APPRENTICE TRAIN- 
ING PROVISIONS OF THE G. I. BILL OF RIGHTS, SO CALLED. 

Emergency Wheveas, The deferred operation of this act would tend to 

preamble. defeat its purpose, which is to enable veterans to avail them- 
selves without interruption of the benefits of the G. I. Bill of 
Rights, so called, relating to apprentice training, or "on the 
job" training, therefore it is hereby declared to be an emer- 
gency act, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 586 of the acts of 1946 
is hereby amended by striking out, in line 3, the word "three" 
and inserting in place thereof the word : — four. 

Section 2. Said chapter 586 is hereby further amended 
by inserting after section 1 the following section : — Section 
lA. The commonwealth, a county or a municipality is au- 
thorized to make an appropriation for the purpose of pro- 
viding training wages or compensation within the limits pro- 
vided in section one of this act. 

Section 3. Said chapter 586 is hereb}'- further amended 
by striking out section 2, as amended by chapter 673 of the 
acts of 1947, and inserting in place thereof the following 
section: — Section 2. This act shall remain in effect only 
until July first, nineteen hundred and fifty-two, but employ- 
ments approved prior thereto may continue for the period 
approved hereunder. Approved May 27, 1948. 



Chap.SQS An Act relative to creditable service of teachers 
under the contributory retirement system. 

pr'TambiT^ Whereas, The deferred operation of this act would exclude 

from its benefits certain persons who are equitably entitled 



Acts, 1948. — Chap. 393. 363 

thereto, and would therefore defeat so much of its purpose as 
is to grant equal benefits to all members of a certain class of 
public employees, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Paragraph (/) of subdivision (6) of section 3 of chapter 32 Ej^VsI'^sy 
of the General Laws, as appearing in section 1 of chapter etc., amended. 
658 of the acts of 1945, is hereby amended by inserting after 
the word "inclusive", in line 13, the words: — ; provided, 
however, that the provisions of this paragraph (/) shall 
apply to any teacher, and to any employee who is employed 
on a basis of not less than half-time service as a teacher, 
principal, supervisor or superintendent in any public school 
or public school system in the city of Boston or elsewhere, 
who so terminated his service by reason of marriage, not- 
withstanding such re-entry or reinstatement may have 
occurred more than five years after the date of such last 
separation, — so as to read as follows : — 

(/) Any employee who last terminated his service in any Reinstatement 
political subdivision of the commonwealth before a contribu- govCTnmentaf 
tory retirement system established under the provisions of nC'sj^t^em'' 
sections one to twenty-eight inclusive, or under correspond- existed. 
ing provisions of earlier laws or of any special law, became 
operative in such political subdivision and who is reinstated 
to or who re-enters the active service of such political sub- 
division after such a system becomes operative therein but 
not more than five years after the date of his last separation 
therefrom nor less than five years prior to the date he will 
attain the maximum age for his group, shall become a member 
upon his re-employment in a position which is subject to the 
provisions of sections one to twenty-eight inclusive; pro- 
vided, however, that the provisions of this paragraph (/) ^rvlle^of'' 
shall apply to any teacher, and to any employee who is teachers. 
employed on a basis of not less than half-time service as a 
teacher, principal, supervisor or superintendent in any public 
school or public school system in the city of Boston or else- 
where, who so terminated his service by reason of marriage, 
notwithstanding such re-entry or reinstatement may have 
occurred more than five years after the date of such last 
separation. Upon becoming a member he shall be entitled 
to all creditable service resulting from his previous employ- 
ment in such political subdivision. In no event shall any 
such member be eligible to receive a superannuation retire- 
ment allowance, an ordinary disability retirement allowance 
or a termination retirement allowance unless and until he 
shall have been in active service for at least five consecutive 
years, including any period or periods of leave of absence 
credited as membership service, subsequent to the date of 
commencement of his new employment. 

Approved May S7, 1948. 



364 Acts, 1948. — Chaps. 394, 395. 



Chav.S94: An Act permitting the registration and operation or 

DRAWING OF CERTAIN TRAILERS USED EXCLUSIVELY FOR 
THE TRANSPORTATION OF TOBACCO IN CONNECTION WITH 
THE GROWING AND PRODUCING THEREOF. 

Emergency Whereas, The deferred operation of this act would not 

pream e. permit the registration of certain trailers for use in the trans- 
portation of tobacco during the tobacco harvesting season 
in the current year, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section 19 of chapter 90 of the General Laws, as amended, 

etc.", 'amended! is hereby further amended by adding at the end the follow- 
ing paragraph : — 
Trailers used Notwithstanding any of the foregoing provisions, trailers 

transpOTtltion having a carrying capacity of not more than three thousand 
blregfste^ed.''^ pounds, and heavy duty single-deck trailers having a carry- 
ing capacity of not more than six thousand pounds, used 
exclusively for the transportation of tobacco in connection 
with the growing and producing thereof, may be registered 
and thereafter operated or drawn upon any way for a dis- 
tance not exceeding five miles. Approved May 27, 1948. 

Chap.39d An Act providing a preference for certain veterans 

IN appointments to THE LABOR SERVICE OF STATE DE- 
PARTMENTS. 

Emergency WJicreas, The deferred operation of this act would tend to 

defeat its purpose, which is to enable certain veterans to 
receive at once the benefits of the civil service preference 
provided for therein, 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. • 

Any veteran, as such term is defined in section twenty-one 
of chapter thirty-one of the General Laws, who has received 
a temporary or provisional appointment to the labor service 
in any department of the commonwealth, and who has been 
employed in such service for a period of at least one year on 
January first, nineteen hundred and forty-eight, and em- 
ployed on the effective date of this act, shall, upon request 
of the appointing authority, be given preference in certifica- 
tion for appointment to the labor service; provided, that 
there are no permanent intermittent, permanent recurrent, 
or permanent part time employees available and willing to 
accept such positions, but such preference shall not super- 
sede that provided by the civil service law and rules to 
persons who have been employed after certification from a 
civil service eligible list for at least one year, nor shall such 
preference supersede the civil service law and rules governing 
promotion. Approved May 27, 1948. 



Acts, 1948. — Chaps. 396, 397. 365 



An Act relative to the deposit by the state treasurer nhnYt 3Qfi 

OF PUBLIC moneys IN HIS POSSESSION. ^' 

Whereas, The deferred operation of this act would tend Emf^rgency 
to defeat its purpose, which is to make possible forthwith ^^""^^"^ 
temporary deposits of receipts from tax collections, 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 34 of chapter 29 of the General Laws, as amended p. i>. (Ter. 
by chapter 333 of the acts of 1936, is hereby further amended e^tc., 'amended. 
by inserting after the word "surplus", in line 10, the words: 
— ; provided, that said limit may be exceeded for the pur- 
pose of the temporary deposit for not more than fifteen days 
of receipts from tax collections in a bank or trust company 
located on the same premises as the office of the collection 
section of the department of corporations and taxation. 

Approved May 27, 1948. 

An Act relative to sewer assessments in the town of Qjidj) 397 

AYER. 

Be it enacted, etc., as follows: 

Section 1. Within six months after the passage of this 
act, the town of Ayer may by vote determine by which 
of the methods referred to or authorized by the provisions 
of section seven of chapter two hundred and fifty-five of the 
acts of nineteen hundred and forty-one the remaining por- 
tion of the cost of the system or sj^stems of main drains and 
common sewers authorized to be constructed or constructed 
in accordance with the provisions of said chapter two hun- 
dred and fifty-five, as amended by chapter two hundred of 
the acts of nineteen hundred and forty-five, shall be pro- 
vided for, and the sewer commissioners of said town may 
determine the value of the benefit or advantage to every 
parcel of real estate in the town, beyond the general ad- 
vantage to all real estate therein, from the construction 
heretofore of any sewer, drain or system of sewage disposal 
or extension of any existing sewer or drain or from the 
doing of any other work authorized by the provisions of said 
chapter two hundred and fifty-five, or any act in amendment 
thereof or in addition thereto, shall cause to be recorded in 
the registry of deeds of the district in which said town is 
situated a statement of their action with reference to such 
construction, which shall specify the public ways in which 
such sewer or drain is located, and may assess on every such 
parcel a proportionate share of such part, not exceeding three 
fourths, as said commissioners shall deem just, of the ex- 
penses incurred by the town for the improvements aforesaid ; 
provided, that no assessment on any parcel of real estate 
shall exceed the value of such special benefit to that parcel, 
and provided further, that if any real estate determined to 



366 



Acts, 1948. — Chaps. 398, 399. 



be specially benefited as aforesaid has been alienated between 
the date of such construction and the date of passage of 
this act, said town shall assume the assessments thereon. 
Every assessment made hereunder upon any such parcel, ex- 
cept one assumed by the town as aforesaid, shall constitute 
a lien on such parcel from the date of recording of the state- 
ment aforesaid. Except as herein otherwise provided, the 
provisions of general law shall apply to such assessments. 
Section 2. This act shall take effect upon its passage. 

Approved May 27, 1948. 



G. L. (Ter. 

Ed.), 218, 

§ 40, amended. 



Jastices and 
special justices 
of the district 
courts may 
perform each 
other's duties. 



C hap. S98 An Act permitting special justices of district courts, 

INCLUDING THE MUNICIPAL COURT OF THE CITY OF BOSTON, 
TO PERFORM EACH OTHER's DUTIES WHEN NECESSARY AND 
CONVENIENT. 

Be it enacted, etc., as follows: 

Section 1. Section 40 of chapter 218 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out the fourth sentence and inserting 
in place thereof the following sentence : — Justices of dis- 
trict courts, except the municipal court of the city of Boston, 
may perform each other's duties when necessary or conven- 
ient, and special justices of district courts, including the mu- 
nicipal court of the city of Boston, may perform each other's 
duties when necessary or convenient, provided that no 
special justice of a district court other than of the municipal 
court of the city of Boston shall sit in said municipal court 
except upon the request of the chief justice thereof. 

Section 2. Section 52 of said chapter 218, as so appear- 
ing, is hereby amended by inserting after the word "jus- 
tice", in line 6, the words: — of the court or, with the assent 
of the chief justice, of any other district court, — so that the 
third sentence will read as follows: — A special justice of 
the court or, with the assent of the chief justice, of any 
other district court may hold any such additional session at 
the request of the chief justice or senior associate as afore- 
said, or a regular session at the request of the justice whose 
duty it may be to hold it, or, in case of the illness or absence 
of any justice, or a vacancy, at the request of any justice. 

Approved May 27, 1948. 



G. L. (Ter. 
Ed.), 218, § 52, 
amended. 



Special justices 
may sit in 
special or 
regular sessions 
in certain 
instances. 



Chap.S99 An Act relative to licenses to operate motor vehicles. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 90 of the General Laws, 
as most recently amended by chapter 284 of the acts of 
1937, is hereby further amended by striking out the next 
to the last sentence and inserting in place thereof the follow- 
ing: — All licenses issued to operators shall be valid for two 
years only from the date of issue. 



G. L. (Ter. 
Ed.), 90, § 8, 
etc., amended. 



T/icense valid 
for two years 



Acts, 1948. — Chaps. 400, 401. 367 

Section 2. Section 33 of said chapter 90, as amended, S^iPx^Q 
IS hereby lurther amended by strikmg out the paragraph etc., amended. 
contained in lines 85 to 87, inclusive, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following : — 

For every license to operate motor vehicles or any re- Fees. 
newal thereof, four dollars, but no fee shall be collected for 
the renewal of a special license to operate motor-propelled 
fire apparatus. 

Section 3. This act shall apply to licenses issued after Application. 
January first, nineteen hundred and forty-nine. 

Approved May 27, 1948. 



An Act further regulating the taking of fish from r<h„jj aoq 

THE inland waters OF THE COMMONWEALTH. ^' 

Be it enacted, etc., as follows. • 

Section 14 of chapter 131 of the General Laws is hereby g. l. (Ter. 
amended by inserting after the fifth paragraph, as appearing ^tc.'!'amlAded^' 
in section 2 of chapter 599 of the acts of 1941, the following 
paragraph : — 

Occupy not more than two great ponds within the com- Taking of fish, 
monwealth at any one time for the purpose of scientific "■^guiated. 
study or experiment; make rules and regulations relative 
to fishing within said waters, such rules and regulations 
being subject to section thirty-seven of chapter thirty; 
provide a penalty, consisting of a fine not to exceed twenty 
dollars, for any violation of any such rule or regulation; 
and from time to time close or open such waters, or any 
part thereof, for fishing. Approved May 27, 1948. 



An Act relative to combining the cemetery com- Qfiav 401 

MISSION and the park COMMISSION OF THE TOWN OF 
LYNNFIELD. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the town of 
Lynnfield a park and cemetery commission, to consist of 
three members. The initial members thereof shall be elected, 
one to serve for one year, one for two years, and one for 
three years, from the date of the annual meeting at which 
they are elected, and thereafter when the term of any 
member expires, his successor shall be elected to serve for 
three years. In all cases the members shall serve until 
their successors are elected and qualified. The members of 
said commission shall, after each election, elect one of their 
members to act as chairman for the ensuing year. If a 
vacancy occurs in said commission, the remaining members 
may fill such vacancy until the next annual town meeting, 
when a new member shall be elected to fill the unexpired 
term. 



368 Acts, 1948. — Chaps. 402, 403. 

Section 2. Upon the election and qualification of the 
members of said commission, it shall have all the powers 
and duties now vested in the cemetery commission and the 
park commission and said commissions shall be abolished 
and the several terms of office of the members of said com- 
missions shall terminate. 

Section 3. The provisions of sections one and two of 
this act shall be submitted for acceptance to the voters of 
the town of Lynnfield at a town meeting, held not later 
than the year nineteen hundred and forty-nine, in the form 
of the following question which shall be placed upon the 
official ballot to be used at such meeting: — "Shall sections 
one and two of an act passed by the general court in the 
year nineteen hundred and forty-eight, entitled 'An Act 
relative to combining the Cemetery Commission and the 
Park Commission of the Town of Lynnfield', be accepted?" 
If a majority of the votes in answer to said question is in 
the affirmative, sections one and two of this act shall take 
full effect, but not otherwise. 

Section 4. Chapter 87 of the acts of the current year 
is hereby repealed. Approved May 27, 191^8. 



ChapA02 An Act validating and confirming the election of 

MEMBERS OF THE PLANNING BOARD OF THE TOWN OF 
FALMOUTH IN THE CURRENT YEAR, AND REGULATING THE 
ELECTION OF THEIR SUCCESSORS. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section eighty-one A 
of chapter forty-one of the General Laws, the action of the 
town of Falmouth, at the annual town election in the current 
year, in electing certain persons to the planning board of 
said town for certain terms is hereby validated and con- 
firmed. At the annual town election in the year nineteen 
hundred and forty-nine, one person shall be elected to said 
board for the term of five years. At the annual town elec- 
tion in the year nineteen hundred and fifty, one person 
shall be elected to said board for a term of three years, and 
one person shall be so elected for a term of five years. There- 
after, upon the expiration of the term of any such member, 
his successor shall be elected for a term of five years. 

Approved May 27, 1948. 



ChapAOS An Act to provide a pension for certain state em- 
ployees. 

Be it enacted, etc., as follows: 

For the purpose of promoting the public good and in 
consideration of long and meritorious service, any person 
who was employed by the commonwealth in the depart- 
ment of public works on July first, nineteen hundred and 



Acts, 1948. — C^aps. 404, 405. 369 

thirty-six, and who, because of having attained age fifty- 
five before July first, nineteen hundred and thirty-eight, was 
not eUgible to become a member of the contributory retire- 
ment system, and who has been in the employ of the com- 
monwealth in the department of public works for not less 
than fifteen years and has attained the age of sixty-five or 
over shall on retirement receive from the commonwealth for 
the remainder of his life the sum of fifteen dollars per week. 
The expenses for this purpose shall be appropriated from 
the same source from which said employees received their 
salary. Approved May 27, 1948. 



An Act further enlarging the district to which cer- (JJidp 494 

TAIN LAWS relative TO THE EMISSION OF SMOKE SHALL 
APPLY, 

Be it enacted, etc., as follows: 

The third paragraph of section 1 of chapter 651 of the 
acts of 1910, as appearing in section 1 of chapter 301 of the 
acts of 1928, is hereby amended by inserting after the word 
"Newton" in line 8 the word: — , Peabody, — so as to 
read as follows : — 

"District" means the district to which the provisions of 
this act shall apply, to wit : — That part of Boston harbor 
lying westerly of a line drawn from the southeastern point 
of Deer Island to the northeastern point of Long Island 
and the territory comprised within the cities and towns of 
Arlington, Belmont, Boston, Braintree, Brookline, Cam- 
bridge, Canton, Chelsea, Dedham, Everett, Lynn, Maiden, 
Medford, Melrose, Milton, Needham, Newton, Peabody, 
Quincy, Revere, Saugus, Somerville, Stoneham, Wakefield, 
Waltham, Watertown, Weymouth, Winchester, Winthrop 
and Woburn. Approved May 27, 1948. 



An Act establishing a tree commission for the town ChavAOd 

OF NANTUCKET, AND DEFINING ITS POWERS AND DUTIES, 
AND ABOLISHING THE OFFICE OF TREE WARDEN. 

Be it enacted, etc., as follows: 

Section 1. There is hereby estabHshed in the town of 
Nantucket a tree commission consisting of five members to 
be appointed by the selectmen. The tree commission shall 
have all the powers and authority and perform all the 
duties of a tree warden elected in accordance with the pro- 
visions of chapter forty-one of the General Laws. The 
original appointment of the members of the tree commis- 
sion shall be, one for one year, one for two years, one for 
three years, one for four years, and one for five years, from 
April first following the year of such appointment, and 
thereafter the selectmen shall annually appoint one member 
of said commission for a term of five years. Any vacancy 



370 Acts, 1948. -^ Chaps. 406, 407. 

in the commission shall be filled by appointment of the 
selectmen for the unexpired term. The office of tree warden 
shall be abolished on the date that this act becomes fully 
effective, as provided in the following section. 

Section 2. This act shall take full effect upon its accept- 
ance by the voters at a town meeting duly called for the 
purpose. Approved May 27, 1948. 

ChapAOQ An Act providing a forty hour work week for all 

EMPLOYEES AT THE SUFFOLK COUNTY HOUSE OF CORREC- 
TION. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of general or special 
law, the service of the employees of the Suffolk county house 
of correction, upon the acceptance of this act by the mayor 
and city council of the city of Boston, acting in their capac- 
ities as county commissioners of Suffolk county, shall be 
restricted to five days and to forty hours in any one week; 
provided, that, in cases of emergency, service in excess of 
five days or such forty hours may be authorized by an officer 
of said house of correction whose duty it is to employ, 
direct or control such employees, and such additional serv- 
ice shall be compensated for as overtime. The compensa- 
tion payable to any employee of said house of correction 
shall not be reduced by reason of the acceptance of this act. 

Approved May 27, 1948. 



ChavA07 An Act further providing for the employment of vet- 
erans IN CIVIL SERVICE POSITIONS. 

Be it enacted, etc., as follows: 

G-jL.^Ter ^ Chapter 31 of the General Laws is hereby amended by 
etc!, 'amended, striking out scction 25, as most recently amended by chapter 
145 of the acts of 1946, and inserting in place thereof the fol- 
Provisionai lowing scction: — Section 25. Whenever a provisional ap- 
^ifusTbe""^" pointment is authorized by the director under section fifteen, 
veSan^ ^ HO pcrson othcr than a veteran shall be appointed unless the 
unless, etc. appointing officer cannot find a veteran qualified for the 
position who will accept and so certifies to the director. 
Before certifying that he is unable to find a veteran who is 
qualified for, and will accept, the position, the appointing 
officer shall obtain from the director a list of all veterans 
who have filed, within the preceding year, applications for 
the kind of work called for by such provisional appointment, 
and shall notify by mail each of said veterans, and the ap- 
pointing officer shall also notify by mail the state commis- 
sioner of veterans' services and the director of the division 
of employment security, if the position is in the service of 
the commonwealth, or the commissioner of veterans' services 
of the city or town, or officer holding a like position and the 
director of the division of employment security, if the posi- 
tion is in the service of a city or town, for the purpose of 



Acts, 1948. — Chaps. 408, 409, 410. 371 

ascertaining the names of qualified veterans who are avail- 
able and willing to accept, and the certificate of the appoint- 
ing officer shall so state. The director shall not approve the 
provisional appointment of any person which does not con- 
form to the provisions of this section. 

Approved May 27, 1948. 

An Act increasing the compensation of certain mem- ChapAOS 

BERS OF THE POLICE DEPARTMENT OF THE CITY OF BOSTON, 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
thirteen of chapter two hundred and ninety-one of the acts 
of nineteen hundred and six, as amended, the minimum 
annual compensation of each lieutenant of the police depart- 
ment of the city of Boston is hereby established as four 
thousand dollars and the minimum annual compensation of 
each sergeant of said police department is hereby established 
as thirty-five hundred dollars. 

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 May 27, 19^8. 

An Act to validate certain notes signed by officials CAax>.409 

OF THE TOWN OF SUTTON. 

Be it enacted, etc., as follows. • 

Section 1. Four notes aggregating five thousand three 
hundred and seventy-five dollars, signed by the treasurer and 
a majority of the selectmen of the town of Sutton on June 
sixth, nineteen hundred and forty-seven, payable to the 
Millbury National Bank in the years nineteen hundred and 
forty-eight to nineteen hundred and fifty-one, the proceeds 
of which were used for the purchase of a grader authorized 
to be purchased by vote of the town under article thirty-one 
of the warrant for the annual town meeting in the year nine- 
teen hundred and forty-six, shall be valid obligations of said 
town notwithstanding the failure of officials to comply with 
the applicable provisions of chapter forty-four of the General 
Laws. 

Section 2. This act shall take full effect upon its accept- 
ance by the voters of said town at a town meeting called for 
the purpose in the current year, but not otherwise. 

Approved May 27, 1948. 

An Act subjecting to the civil service laws the posi- Cfiav 410 
tion of director of the division of collections in 

THE department OF THE ATTORNEY GENERAL. 

Be it enacted, etc., as follows: 

The position of director of the division of collections in the 
department of the attorney general shall, upon the effective 



372 



Acts, 1948. — Chaps. 411, 412, 413. 



date of this act, become subject to the civil service laws and 
rules, and the tenure of office of the present incumbent of 
said position shall be unlimited subject, however, to said 
laws, but said present incumbent shall be subjected to a 
qualifying examination by the division of civil service, and, 
upon passing said examination, shall be certified for the 
position and shall be deemed to be permanently appointed 
thereto without being required to serve any probationary 
period. Approved May 27, 194-8. 



Chap All An Act to exempt field eepresentatives of the fair 

EMPLOYMENT PRACTICE COMMISSION FROM THE PROVISIONS 
OF THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

The last paragraph of section 56 of chapter 6 of the Gen- 
eral Laws, added by section 3 of chapter 368 of the acts of 
1946, is hereby amended by inserting after the word "secre- 
tary" in hne 2 the words: — , field representatives, — so 
as to read as follows : — 

All employees of the commission, except an executive 
secretary, field representatives, the heads of divisions, and 
attorneys, shall be subject to chapter thirty-one and the 
rules and regulations made thereunder. 

Approved May 27, 1948. 



G. L. (Ter. 
Ed.), 6, § 56, 
etc., amended. 



Certain em- 
ployees of com- 
mission not 
subject to 
civil service. 



Chap. 4:12 A.N Act providing for the admission of crippled chil- 
dren TO THE LAKEVILLE STATE SANATORIUM. 



G. L. (Ter. 
Ed.), Ill, 
§ 65A, etc., 
amended. 

Certain 
crippled 
children may 
be admitted to 
Lakeville state 
sanatorium. 



Be it enacted, etc., as follows: 

Chapter 111 of the General Laws is hereby amended by 
striking out section 65A, as most recently amended by chap- 
ter 506 of the acts of 1941, and inserting in place thereof the 
following section : — Section 65 A . The department may 
admit to the Lakeville state sanatorium persons suffering 
from extra-pulmonary tuberculosis, persons crippled by 
poliomyelitis (infantile paralysis), and crippled children as 
defined in the regulations of the department; provided, that 
no person shall be admitted who has not been a resident of 
the commonwealth for at least twelve months preceding the 
date of his application for admission, and that preference 
shall be given to citizens of the commonwealth. 

Approved May 27, 1948. 



ChapAlS A.N Act providing for the inspection of colleges, 

UNIVERSITIES AND MEDICAL SCHOOLS APPROVED FOR 
THE PURPOSES OF MEDICAL EDUCATION AND FOR THE 
WITHDRAWAL OF SUCH APPROVAL IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

G L. (Ter Scctiou 2 of chapter 112 of the General Laws, as amended, 

etc!, 'amended', is hereby further amended by inserting after the fourth 



Acts, 1948. — Chap. 414. 373 

paragraph, as appearing in section 37 of chapter 451 of the 
acts of 1939, the following paragraph: — 

The approving authority may from time to time, but not inspection 
oftener than once a year, inspect each college, university, etc^by^the 
or medical school approved under this section and if, in the avithority. 
opinion of said authority, such college, university, or medical 
school does not meet the requirements necessary for approval, 
it shall send written notification thereof to the trustees or 
other governing body of such college, university, or medical 
school specifying therein what steps it must take in order to 
prevent the withdrawal of such approval and a reasonable 
time within which it must take such steps. If such college. Authority may 
university, or medical school fails to take such steps within approvaTJnder 
the time prescribed, said authority shall give written notice certain con- 
that it will withdraw its approval. A college, university, '^**^'°"^- 
or medical school objecting to the withdrawal of the approval 
granted to it may file with the approving authority, within 
twenty days after such written notice, its written objections 
thereto, and thereupon a public hearing shall be seasonably 
granted by the approving authority. As soon as may be, 
the approving authority shall give a copy of its decision to 
such college, university, or medical school. A written de- 
cision of the approving authority withdrawing its approval 
of a college, university or medical school shall not become 
effective until thirty days after a copy of such decision is 
given to the college, university, or medical school concerned. 
The provisions of this section applicable in the case of a 
refusal of the approving authority to approve originally a 
college, university, or medical school shall apply, so far as 
apt, in the case of a withdrawal by the approving authority 
of approval of a college, university, or medical school. 

Approved May 27, 1948. 



An Act restoring to helen c. keyes the right to be (Jjidj) 45^4 

RETIRED under THE TEACHERS' RETIREMENT LAW IF ^' 

FOUND TO BE PERMANENTLY INCAPABLE OF RENDERING 
SATISFACTORY SERVICE AS A TEACHER ON ACCOUNT OF 
PHYSICAL DISABILITY, 

Be it enacted, etc., as follows: 

Section 1. The school committee of the town of Belcher- 
town shall have the right, subject to the final approval of 
the teachers' retirement board, to retire Helen C. Keyes 
in accordance with the provisions of paragraphs (8) and 
(13) of section ten of chapter thirty-two of the General 
Laws, as in effect immediately prior to January first, nine- 
teen hundred and forty-six, in the same manner as though 
she had been on leave of absence up to the date such action 
is taken; provided, that it is found that she is now, and 
has been since the year nineteen hundred and forty-four, 
permanently incapable of rendering satisfactory service as 
a teacher on account of physical disability. 



374 Acts, 1948. — Chaps. 415, 416. 

Section 2. If said Helen C. Keyes is retired under 
section one of this act, she shall receive from the date the 
retirement is approved by the teachers' retirement board 
the retirement allowance which she would have received 
under paragraphs (9) and (10) of said section ten of said 
chapter thirty-two, as in effect immediately prior to January 
first, nineteen hundred and forty-six, if she had been on 
leave of absence up to the date of such approval, and the 
annual salary for her position had continued to be thirteen 
hundred and seventy-five dollars, the salary she was re- 
ceiving when her service terminated. 

Approved May 27, 1948. 



ChapA15 A.N Act providing for audit of accounts of districts 
formed to establish and maintain departments of 
veterans' services. 

Be it enacted, etc., as follows: 

EdV ii5"new Chapter 115 of the General Laws is hereby amended by 

§ lis,' added.*^ adding after section 14, added by section 1 of chapter 599 

of the acts of 1946, the following section: — Section 15. 

Accounts of The director of accounts in the department of corporations 

to^estabiis™^^ aiid taxation shaU cause an audit to be made annually of 

veterans' serv- ^he accounts of all districts organized under the authority 

ments to be of SBctiou ten and for such purpose he, and his duly ac- 

audited. credited agents, shall have access to all necessary papers, 

books and records. The expenses incurred for said audits 

shall be paid primarily by the commonwealth. Said director 

shall apportion the cost of each audit among the several 

municipalities comprising the distr