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

ACTS 



RESOLVES 



PASSED BY THE 



IN THE YEAR 

1949 

TOGETHER WITH 

TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 
1949 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1949 



The General Court, which was chosen November 2, 1948. 
assembled on Wednesday, the fifth day of January, 1949, for its 
first annual session. 

The oaths of office were taken and subscribed by His Excellency 
Paul A. Dever and His Honor Ch^vpiLes F. Jeff Sullivan on 
Thursday, the sixth day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



An Act relative to the hours of duty of permanent 
members of the fire department in the town of 
greenfield. 

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

Section 1. The hours of duty of the permanent members 
of the uniformed fire fighting force in the town of Greenfield 
shall be so established by the chief of the fire department 
that the average weekly hours of duty in any year, other 
than hours during which such members may be summoned 
and kept on duty because of conflagrations, shall not exceed 
fifty-six in number. Sections fifty-six, fifty-seven, fifty- 
eight A and fifty-nine of chapter forty-eight of the General 
Laws shall not apply to the permanent members of the 
uniformed fire fighting force in said town. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at its 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 
oflScers at said meeting: "Shall an act passed by the General 
Court in the year nineteen hundred and forty-nine, pro- 
viding for a fifty-six hour week for the permanent members 
of the fire department of this town, 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 3, 1949. 

An Act extending the time during which an act au- 
thorizing THE town of HARWICH TO RECEIVE AND 
administer THE PROPERTY OF CERTAIN CEMETERY ASSO- 
CIATIONS MAY BE ACCEPTED BY SAID TOWN. 

Be it enacted, etc., as follov>s: 

Section 1. Chapter 277 of the acts of 1948 is hereby 
amended by striking out section 4 and inserting in place 
thereof the following: — Section 4- This act shall take full 
effect upon its acceptance by a majority of the registered 
voters of the town of Harwich voting thereon at a regular 
or special town meeting held prior to the year nineteen 
hundred and fifty-one, but not otherwise. 

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

Approved February 7, 1949. 



Chap. 



Chap. 



4 Acts, 1949. — Chap. 3. 

Chap. 3 An Act providing for highway work and for certain 

IMPROVEMENTS IN RIVERS AND STREAMS IN THE COUNTIES 
OF BERKSHIRE, FRANKLIN, HAMPSHIRE AND HAMPDEN AND 
MAKING APPROPRIATIONS THEREFOR. 

prTrmbie!^ Whereas, The extensive damage caused by the recent 

floods in western Massachusetts makes it necessary that 
the work authorized by this act be carried out without 
delay, therefore this act is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public health, safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. The department of public works, hereinafter 
called the department, is hereby authorized and directed to 
maintain, construct, reconstruct and repair state highways 
and town and county ways and bridges thereon in Berkshire, 
Franklin, Hampshire and Hampden counties. 

Section 2, The department is hereby further authorized 
and directed to remove fallen trees, debris and other ob- 
structions in rivers and streams and to restore or repair 
dams or other structures in rivers or streams, the destruc- 
tion or injury to which may have increased the danger of 
floods therein, and for the purpose of protection against 
floods, to alter the course or deepen or widen the channel 
of any river or stream, to conduct any surface or ground 
water into the same, to place riprap and build retaining 
walls to support any part of the banks thereof, and may 
enter on private land for any of the foregoing purposes. 

Section 3. Item A. For the maintenance, construction, 
reconstruction and repair of state highways and town and 
county ways and bridges thereon as described in section 
one of this act, the sum of one million one hundred thousand 
dollars is hereby appropriated from the Highway Fund. 

Item B. For work on rivers and streams as described in 
section two of this act, the sum of nine hundred thousand 
dollars is hereby appropriated from the General Fund. 

Section 4. For the purpose of carrying out the pro- 
visions of this act, the department may make contracts 
with cities and towns, including contracts for reimburse- 
ments for expenditures made or obligations previously in- 
curred for the purposes set forth in sections one and two 
if approved by the department, may hire equipment, may 
make cost plus contracts without complying with the pro- 
visions of section eight A of chapter twenty-nine of the 
General Laws, and any provision of general or special law 
to the contrary notwithstanding, may make contracts in 
accordance with the provisions of the General Laws and 
may do work with its own forces; provided, that of the 
sums appropriated in section three, not more than one 
million dollars may be expended for hiring equipment and 
for cost plus contracts. 

Section 5. For the purposes of carrying out the pro- 



Acts, 1949. — Chap. 4. 

visions of this act, the department may appoint and employ 
such persons as may be necessary without requisition to the 
director of civil service as provided in section fifteen of 
chapter thirty-one of the General Laws; provided, how- 
ever, that any provision of said section fifteen to the con- 
trary notwithstanding, such emergency appointments may 
continue for a period not exceeding ninety working days. 
The department shall give preference to veterans in making 
appointments and employing persons under the provisions 
of this act. 

Section 6. The governor is hereby authorized to sus- 
pend the forty-eight hour law, so called, for contracts under 
this act. 

Section 7. The authority to enter into contracts with 
cities and towns and to enter into cost plus contracts shall 
expire on April thirtieth, nineteen hundred and forty-nine 
and the authority to enter into other contracts, to hire 
equipment and to perform work with its own forces shall 
expire on June thirtieth, nineteen hundred and forty-nine. 

Approved February 14, 1949. 



An Act making an appropriation to meet the cost of 

SALARY adjustments FOR CERTAIN STATE OFFICERS AND 
EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. To provide for meeting the cost of salary 
adjustments under the provisions of sections forty-five to 
forty-seven, inclusive, of chapter thirty of the General Laws, 
as amended by chapter three hundred and eleven of the 
acts of nineteen hundred and forty-eight, and under the 
provisions of section four of said chapter three hundred and 
eleven, the sum of three million five hundred thousand 
dollars is hereby appropriated, which sum shall be in addi- 
tion to the sum appropriated by section ten of chapter six 
hundred and sixty-nine of the acts of nineteen hundred 
and forty-eight and to any other sums appropriated for 
personal services for the fiscal year ending June thirtieth, 
nineteen hundred and forty-nine. 

Section 2. The appropriation made by this act is hereby 
made available, notwithstanding the provisions of section 
six of chapters one hundred and ninety-eight and six hundred 
and sixty-nine of the acts of nineteen hundred and forty- 
eight, to meet the cost of salary adjustments referred to in 
section one made prior to or on the effective date of this act. 

Section 3. The governor, upon recommendation of the 
commission on administration and finance, is hereby au- 
thorized to transfer from the appropriation made by this 
act to items of appropriation for the fiscal year ending June 
thirtieth, nineteen hundred and forty-nine, which are avail- 
able in whole or in part for personal services, such sums as 
are necessary to meet said salary adjustments, and the 



Chap. 



6 Acts, 1949. — Chaps. 5, 6. 

governor, upon like recommendation, is hereby further 
authorized to allocate such transfers to the several state 
or other funds to which such items of appropriations are 
charged. 

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

Approved February 17, 1949. 

Chap. 5 -^N ■^^'^ AUTHORIZING THE COUNTY COMMISSIONERS OF THE 
COUNTY OF ESSEX TO HAVE PLANS AND SPECIFICATIONS 
PREPARED FOR, AND TO INVESTIGATE SUITABLE SITES FOR, 
THE PROPOSED COURT HOUSE IN THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate court 
house accommodations and facilities for the district court 
of Lawrence, by the erection of a court house in the city of 
Lawrence, the county commissioners of the county of Essex 
are hereby authorized and directed to cause plans and 
specifications to be prepared for said court house, and to 
investigate suitable sites therefor, and, if possible, without 
liability on the part of said county, to secure options for the 
purchase thereof by the county. For the purposes aforesaid, 
said commissioners may expend out of any available funds 
a sum not exceeding thirty thousand dollars, which 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 February 17, 1949. 



Chap. 6 An Act to authorize the town of sturbridge to borrow 
money for the purpose of constructing, equipping 

AND furnishing AN ELEMENTARY SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing an elementary school build- 
ing, the town of Sturbridge 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 one hundred and fifty thousand dollars, and may issue 
bonds or notes therefor which shall bear on their face the 
words, Sturbridge School Building Loan, Act of 1949. 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 February 17, 1949, 



Acts, 1949. — Chaps. 7, 8. 



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 hanson under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The positions of the regular or permanent 
members of the poHce force and the office of chief of poHce 
of the town of Hanson shall, upon the effective date of this 
act, become subject to the civil service laws and rules relating 
to police officers in towns, and the tenure of office of any 
incumbent thereof shall be unlimited, subject, however, to 
said laws; provided, that they shall pass qualifying exami- 
nations for their respective positions, and for said office, 
as the case may be, to which they shall be subjected by the 
division of civil service; and, provided further, that if any 
such incumbent does not pass such qualifying examination 
he may continue to serve in such position or office, but shall 
not be subject to said laws and rules. 

Section 2. This act shall be submitted to the voters 
of said town at the next annual town rneeting 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-nine, 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 Hanson 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 eftect, but not otherwise. 

Approved February 18, 1949. 



An Act to allow the town of uxbridge to sell water 
for domestic and other purposes to inhabitants 
of a certain area in the town op northbridge. 

Beit enacted, etc., as follows: 

Section 1. The town of Uxbridge may furnish and sell 
water for domestic and other purposes to the inhabitants of 
such areas of the town of Northbridge as the selectmen of 
the said towns shall agree. The rates for furnishing and 
selling such water shall be such rates as may be mutually 
agreed upon by said selectmen, or, in case of failure to agree, 
as may be fixed by the state department of public utilities. 
Any installation and extension of water mains and other 
facilities made within the limits of the town of Northbridge 
shall be subject in all respects, to the approval of the select- 
men of said town. 

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

Approved February 21, 1949. 



Chap. 



Chap. 



8 Acts, 1949. — Chaps. 9, 10, 11. 



Chav. 9 -^N Act authorizing the town of amherst 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 
Amherst may borrow from time to time within a period of 
three years from the passage of this act such sums as may 
be necessary, not exceeding, in the aggregate, four hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Amherst School 
Loan, Act of 1949. 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 con- 
tained in the first paragraph of section seven thereof. 

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

Approved February 21, 194-9. 



Chav- 10 An Act extending the time for acceptance of an act 

TO ESTABLISH IN THE TOWN OF NATICK REPRESENTATIVE 
town GOVERNMENT BY LIMITED TOWN MEETINGS. 

Be it enacted, etc., as follows: 

Section 1. Section L3 of chapter 2 of the acts of 1938, 
as amended by chapter 286 of the acts of 1943, is hereby 
further amended by striking out, in line 6 and in line 7, 
the word "ten" and inserting in place thereof, in each 
instance, the word: — fifteen, — so as to read as follows: — 
Section 13. If this act is rejected by the registered voters 
of the town of Natick when first submitted to said voters 
under section twelve, it may again be submitted for ac- 
ceptance in like manner from time to time to such voters 
at any annual or special town meeting within fifteen years 
thereafter, but not more than fifteen times in the aggregate, 
and, if accepted by a majority of the voters voting thereon 
at such an election, shall thereupon take efi'ect for all pur- 
poses incidental to the next annual town election in said 
town, and shall take full effect beginning with said election. 

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

Approved February 21, 19^9. 

Chav. 11 An Act providing that the chairman of the recreation 

commission in the town of WINCHESTER SHALL BE A 
TOWN meeting member AT LARGE. 

Be it enacted, etc., as follows: 

The first paragraph of section 3 of chapter 167 of the 
acts of 1928 is hereby amended by inserting after the word 



Acts, 1949. — Chaps. 12, 13. 9 

"commissioners", in line 14, the words: — , the chairman of 
the recreation commission, — so as to read as follows : — 
Any representative town meeting held under the provisions 
of this act, except as otherwise provided herein, shall be 
limited to the voters elected under section two, together 
with the following, designated as town meeting members 
at large; namely, any member of the general court of the 
commonwealth from the town, the moderator, the town 
clerk, the members of the board of selectmen, the town 
treasurer, the town counsel, the chairman of the trustees 
of the public library, the chairman of the planning board, 
the chairman of the school committee, the chairman of the 
board of assessors, the chairman of the board of health, the 
chairman of the park commissioners, the chairman of the 
water and sewer board, the chairman of the board of public 
welfare, the chairman of the cemetery commissioners, the 
chairman of the recreation commission, and the members 
of the finance committee. The town clerk shall notify the 
town meeting members of the time and place at which repre- 
sentative town meetings are to be held, the notices to be 
sent by mail at least seven days before the meeting. 

Approved February 21, 1949. 

An Act validating certain conveyances of lands by (JJidrf 12 

THE TOWN OF SPENCER. ^' 

Be it enacted^ etc., as follows: 

A deed from inhabitants of the town of Spencer to First 
Parish or Congregational Society of Spencer dated June 
first, eighteen hundred and eighty-five and recorded with 
Worcester District Registry of Deeds in Book 1211, page 
138, a deed from the town of Spencer to the First Congre- 
gational Church of Spencer dated September second, nineteen 
hundred and forty-eight and recorded with said registry 
in Book 3148, page 525, and a deed from the town of Spencer 
to the First Congregational Church of Spencer dated Novem- 
ber twenty-sixth, nineteen hundred and forty-eight and 
recorded with said registry in Book 3159, page 427, are 
hereby validated and approved in so far as they convey 
portions of the tract conveyed by deed of Nathaniel Cunning- 
ham to the proprietors and settlers in the westerly half of 
Leicester dated February twenty-sixth, seventeen hundred 
and thirty-nine and recorded with said registry in Book 12, 
page 307. Approved February 21 ^ 1949. 

An Act to establish the town manager form of Chav 13 

GOVERNMENT IN THE TOWN OF DANVERS. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Danvers, and beginning with the year nineteen hundred 
and fifty, the regular town election for the purpose of electing 



10 Acts, 1949. — Chap. 13. 

selectmen and members of the school committee required 
to be elected under this act, the trustees of the Peabody 
Institute, and the moderator and town meeting members 
required to be elected under the provisions of chapter two 
hundred and ninety-four of the acts of nineteen hundred and 
thirty shall be held annually on the first Monday in March, 
and shall be part of the annual town meeting. All articles 
in the warrant to be decided otherwise than by ballot shall 
be considered at the regular annual town meeting to be held 
on the third Monday in March. 

Section 2. Election of Selectmen. — At the first town 
election following acceptance of this act, the registered voters 
of the town shall elect two selectmen for three years, two 
selectmen for two years and one selectman for one year. At 
each annual town election thereafter, the voters shall elect 
selectmen for three year terms to replace those whose terms 
are about to expire. When a vacancy occurs among the 
selectmen by reason of death, resignation, change of residence 
from the town or other disability, the remaining selectmen 
shall have power to fill the vacancy until the next annual 
town election, at which the voters shall elect a selectman for 
the remainder of the unexpired term. The selectmen shall 
serve until their respective successors are qualified. Upon 
the qualification of selectmen first elected under this act, the 
term of office of the board of selectmen then existing shall 
terminate. 

Section 3. Powers of Selectmen. — The selectmen shall 
appoint, and may remove, the town accountant, members of 
the board of appeals, election officers and registrars of voters, 
except the town clerk. Selectmen shall be ex-officio town 
meeting members. 

Section 4. Election of School Committee. — The school 
committee shall be composed of five members, elected for 
terms of three years. The members of the school committee 
existing at the time this act takes effect shall continue in 
office until the terms for which they were elected shall have 
expired, and until their respective successors shall have been 
elected and qualified. When a vacancy occurs among the 
members of the school committee, by reason of death, 
resignation, change of residence from the town or other 
disability, the remaining members of the school committee 
shall have power to fill the vacancy until the next annual 
election, at which the voters shall elect a member of the school 
committee for the remainder of the unexpired term. The 
members of the school committee shall serve until their 
respective successors are qualified. 

Section 5. Powers of School Committee. — All the 
powers, rights, duties and liabilities, 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. 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. 



Acts, 1949. — Chap. 13. 11 

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 election or 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 collector of taxes. The town manager, subject to any 
applicable provision of the general laws relating thereto, 
may assume the duties of any office which he is authorized 
to fill by appointment. Notwithstanding the provisions of 
chapter thirty-two of the General Laws, any person who holds 
an elective office at the time this act takes effect and who is 
not a member of any retirement system may accept appoint- 
ment to and continue to hold the same office, if under the 
provisions of this act the town manager is authorized to fill 
said office by appointment. 

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



TOWN MANAGER. 

Section 8. Appointment of Town Manager. — The select- 
men elected as provided herein shall appoint, as soon as 
practicable, for a term of five years, a town manager who 
shall be a person especially fitted by education, training and 
experience to perform the duties of the office. The town 
manager shall be appointed without regard to his political 
beliefs. He need not be a resident of the town or of this com- 
monwealth 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. Appointmentof a Temporary Manager. — Any 
vacancy in the office of town manager shall be filled as soon 
as possible by the selectmen. Pending the appointment of a 
town manager or the filling of any vacancy, the selectmen may 
appoint a suitable person to perform the duties of the office. 

Section 10. Acting Manager. — The town manager may 



12 Acts, 1949. — Chap. 13. 

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. 

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 set- 
ting forth in detail the specific reasons for his proposed re- 
moval, a copy of which resolution shall be delivered to the 
town manager. The manager may reply in writing to the 
resolution and may request a public hearing. If the manager 
so requests, the board of selectmen shall hold a public hearing 
not earlier than twenty days nor later than thirty days after 
the filing of such request. After such public hearing, if any, 
otherwise at the expiration of thirty days following the filing 
of the preliminary resolution, and after full consideration, 
the selectmen by a majority vote of the full membership 
of the board may adopt a final resolution of removal. In 
the preliminary resolution, the selectmen may suspend the 
manager from duty, but shall in any case cause to be paid to 
him forthwith any unpaid balance of his salary and his salary 
for the next three calendar months following the filing of the 
preliminary resolution. 

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

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

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

(6) The town manager, in accordance with the provisions 
of this act and except as otherwise expressly prohibited by the 
general laws, may reorganize, consolidate or abolish depart- 
ments, commissions, boards or offices under his direction and 
supervision, in whole or in part, may establish such new 
departments, commissions, boards or offices as he deems 
necessary, and, in so doing, may transfer the duties, powers 
and appropriation 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 



Acts, 1949. — Chap. 13. 13 

Laws where applicable, may remove, all officers and em- 
ployees of the town, except employees of the school depart- 
ment and of the Peabody Institute; town officers and 
employees not subject to the provisions 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 hundred 
and eight of chapter forty-one of the General Laws, but 
subject to all applicable provisions of chapter thirty-one of 
the General Laws, the town manager shall fix the compensa- 
tion of all town officers and employees subject to removal 
by him. 

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

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

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

(h) The town manager shall have jurisdiction over the 
rental and use of all town property, except schools. He shall 
be responsible for the maintenance and repair of all town 
buildings, including school buildings. He shall be responsible 
for the preparation of plans for work on existing buildings 
and on new buildings, except schools. He shall be responsible 
for the supervision of all work on existing buildings and new 
buildings, including work on schools done in accordance with 
plans and specifications prepared by the school committee. 

(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 and for 
the Peabody Institute. He shall make purchases for depart- 
ments not under his supervision only upon requisition duly 
signed by the head of such department. 

(j) The town manager shall administer either directly or 
through a person or persons appointed by him in accordance 
with this act all provisions of general and special laws 
applicable to said town, all by-laws and all regulations estab- 
lished 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. 

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



14 Acts, 1949. — Chap. 13. 

or employee thereof to be examined. The town manager 
shall have access to all town books and papers for information 
necessary for the proper performance of his duties. 

Section 15. Appointment of Planning Board. — There 
shall be established a planning board as herein provided 
which shall have all the powers and duties of planning 
boards established in accordance with section eighty-one A 
of chapter forty-one of the General Laws. The board estab- 
lished hereunder shall consist of five members who shall be 
appointed by the town manager. When such board is first 
estalDlished its members shall be appointed for terms of such 
length and so arranged that the term of at least one member 
will expire each year and his successor shall be appointed 
by the town manager for a term of five years. Any vacancy 
shall be filled for the unexpired term by the town manager. 
Upon the appointment and qualification of the members of 
the board, the term of office of members of the then existing 
planning board shall terminate. 

Section 16. Appointment of Board of Public Welfare. — 
The town manager shall appoint a board of public welfare 
to consist of three suitably qualified persons. One of said 
persons shall be appointed for a term of one year, one for a 
term of two years, and one for a term of three years; and 
annually thereafter there shall be appointed by the town 
manager, a member for a term of three years in the place of 
the member whose term is to expire. The members shall 
serve until their successors are appointed and qualified. If 
for any reason a vacancy occurs in the membership of the 
board of public welfare, the vacancy shall be filled forthwith 
by the town manager for the unexpired term. Upon the 
appointment and quahfication of the members of the board of 
public welfare as provided in this section the terms of office 
of the members of the then existing board of public welfare 
of the town shall terminate. The board of pubfic 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 conferred or im- 
posed by law upon boards of public welfare of towns, but in 
the performance of their duties they shall be subject to the 
general supervision and direction of the town manager. They 
shall be sworn to the faithful performance of their duties by 
the chairman of the selectmen or by a justice of the peace. 

Section 17. Appointment of Board of Health. — The town 
manager shall appoint a board of health to consist of three 
suitably 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 health, the vacancy 
shall be filled forthwith by the town manager for the unex- 



Acts, 1949. — Chap. 13. 16 

pired term. Upon the appointment and qualification of 
the members of the board of health as provided in this 
section the terms of office of the members of the then existing 
board of health of the town shall terminate. The board of 
health appointed hereunder shall organize for the proper 
conduct of their duties and shall possess all the powers and 
rights and be subject to all the duties and liabilities conferred 
or 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. 

Section 18. Appointment of Board of Park Commissioners. 
— The town manager shall appoint a board of park com- 
missioners to consist of three suitably quaUfied persons. One 
of said persons shall be appointed for a term of one year, one 
for a term of two years, and one for a term of three years; 
and annually thereafter there shall be appointed by the town 
manager, a member for a term of three years in the place of 
the member whose term is to expire. The members shall 
serve until their successors are appointed and qualified. If 
for any reason a vacancy occurs in the membership of the 
board of park commissioners, the vacancy shall be filled forth- 
with 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 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 impos(^d 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 towm 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 Municipal Light Board. — 
The town manager shall appoint a municipal Ught board to 
consist of three suitably quaUfied persons. One of said 
persons shall be appointed for a term of one year, one for a 
term of two years, and one for a term of three years; and 
annually thereafter there shall be appointed by the town 
manager, a member for a term of three years in the place of 
the member whose term is to expire. The members shall 
serve until their successors are appointed and quaHfied. If 
for any reason a vacancy occurs in the membership of the 
municipal light board, the vacancy shall be filled forthwith 
by the town manager for the unexpired term. Upon the 
appointment and qualification of the members of the munic- 
ipal light board as provided in this section the terms of ofiice 
of the members of the then existing municipal light board of 
the town shall terminate. The municipal light board 



16 Acts, 1949. — Chap. 13. 

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 municipal light boards, but in the performance of 
their duties they shall be subject to the general supervision 
and direction of the town manager. They shall be sworn to 
the faithful performance of their duties by the chairman of 
the selectmen or by a justice of the peace. 

Section 20. Board of Fire Engineers. — There shall be a 
board of fire engineers to consist of a chief engineer, a deputy 
call engineer and an assistant deputy call engineer. The 
chief engineer shall be appointed by the town manager sub- 
ject to the provisions of chapter thirty-one of the General 
Laws. The deputy engineers shall be appointed by the town 
manager for terms of one year. The members shall serve 
until their successors are appointed and qualified. If for any 
reason a vacancy occurs in the office of deputy call engineer 
or of assistant deputy call engineer, the vacancy shall be filled 
forthwith by the town manager for the unexpired term. 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 lia- 
biUties 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 Assessors. — The town 
manager shall appoint a principal assessor for a term of three 
years who shall devote his full time and attention to his 
duties and shall be chairman of the board, and also an assessor 
for a term of two years, and an assessor for a term of one 
year; and annually thereafter there shall be appointed by the 
town manager 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 to expire. The principal 
assessor and assessors shall serve until their respective suc- 
cessors 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 quali- 
fication of a principal assessor and assessors as provided in 
this section the terms of office of the principal assessor and 
assessors then in office shall terminate. The principal assessor 
and assessors appointed hereunder shall organize for the 
proper conduct of their duties and shall possess all the powers 
and rights and be subject to all the duties and liabilities con- 
ferred or imposed by law upon assessors of towns, but in the 
performance of their duties they shall be subject to the 
general supervision and direction of the town manager. They 
shall be sworn to the faithful performance of their duties by 
the chairman of the selectmen or by a justice of the peace. 



Acts, 1949. — Chap. 13. 17 

Section 22. Town Clerk. — The town manager shall 
appoint a suitably qualified person to the office of town elerk. 
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 serve ex officio as clerk of 
the board of selectmen. The town clerk shall be subject to 
the general supervision and direction of the town manager 
in the performance of his duties. 

Section 23. Toion Treasurer. — The town manager 
shall appoint a suitably qualified person to the office of town 
treasurer. The existing elective office of town treasurer 
shall be continued until the person appointed to said office 
of town treasurer shall have qualified, at which time the 
elective office of town trea.surer 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 supervision 
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. Collector of Taxes. — The town manager 
shall appoint a suitably qualified person to the office of 
collector of taxes. The existing elective office of collector 
of taxes shall be continued until the person appointed to 
said office of collector of taxes shall have qualified, at which 
time the elective office of collector of taxes shall terminate. 
The collector of taxes shall have the powers, perform the 
duties and be subject to the liabilities and penalties now or 
hereafter conferred or imposed by law upon collectors of 
taxes except that in the performance of his duties he shall 
be subject to the general supervision and direction of the 
town manager. The collector of taxes shall be sworn to the 
faithful performance of his duties by the town clerk or by a 
justice of the peace. 

Section 25. Appointment of Water and Sewer Com- 
missioners. — The town manager shall appoint three suitably 
qualified persons as water and sewer commissioners. 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 



18 Acts, 1949. — Chap. 13. 

ia 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, the vacancy shall be filled forthwith by the 
town manager for the unexpired term. Upon the appoint- 
ment and qualification of water and sewer commissioners 
as provided in this section the terms of office of the mem- 
bers of the commission then in office shall terminate. The 
water and sewer commissioners appointed hereunder shall 
organize for the proper conduct of their duties and shall 
possess all the powers and rights and be subject to all the 
duties and liabilities conferred or imposed upon the water 
and sewer commissioners by chapter two hundred and 
twenty-nine of the Special Acts of nineteen hundred and 
sixteen, and any acts in amendment thereof or in addition 
thereto, and by chapter one hundred and ninety-one of the 
acts of eighteen hundred and seventy-four, and any acts in 
amendment thereof or in addition thereto, but in the per- 
formance of their duties they shall be subject to the general 
supervision and direction of the town manager. They shall 
be sworn to the faithful performance of their duties by the 
chairman of the selectmen or by a justice of the peace. 

Section 26. Appointment of Hospital Trustees. — The 
town manager shall appoint seven suitably qualified persons 
as trustees to manage the public hospital of the town. Two 
of said persons shall be appointed for a term of one year, 
two for a term of two years, and three for a term of three 
years; and annually thereafter there shall be appointed by 
the town manager, members for a term of three years in 
the place of the members whose terms are to expire. The 
members shall serve until their successoi-s are appointed 
and qualified. If for any reason a vacancy occurs in the 
membership, the vacancy shall be filled forthwith by the 
town manager for the unexpired term. Upon the appoint- 
ment and qualification of the hospital trustees as provided 
in this section the terms of office of the hospital trustees then 
in office shall terminate. The hospital trustees appointed 
hereunder shall organize for the proper conduct of their 
duties. In the performance of their duties the hospital 
trustees 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 27. Appointment of Cojnmissioners of Trust 
Funds. — The town manager shall appoint a board of com- 
missioners of trust funds, to consist of three suitably quaUfied 
persons. One of said persons shall be appointed for a term 
of one year, one for a term of two years, and one for a term of 
three years ; and annually thereafter there shall be appointed 
by the town manager, a member for a term of three years 
in the place of the member whose term is to expire. The 
members shall serve until their successors are appointed 
and qualified. If for any reason a vacancy occurs in the 



Acts, 1949. — Chap. 13. 19 

membership of the board of commissioners of trust funds, 
the vacancy shall be filled forthwith by the town manager 
for the unexpired term. Upon the appointment and quahfi- 
cacion of the members of the board of commissioners of 
trust funds, as provided in this section the terms of office of 
the members of the then existing board of commissioners 
of trust funds of the town shall terminate. The board of 
commissioners of trust funds 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 commissioners of trust funds 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 28, Appointment of Municipal Buildings Insur- 
ance Commissioners. — The town manager shall appoint 
three suitably qualified persons as municipal buildings 
insurance commissioners. 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 commissioner for a term of three years in the place of 
the commissioner whose term is to expire. The commis- 
sioners shall serve until their successors are appointed and 
qualified. If for any reason a vacancy occurs in the member- 
ship of the board of municipal buildings insurance com- 
missioners, the vacancy shall be filled forthwith by the 
town manager for the unexpired term. Upon the appoint- 
ment and qualification of commissioners as provided in this 
section the terms of office of the members of the then existing 
board of municipal buildings insurance commissioners of 
the town shall terminate. The 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 habihties conferred or imposed 
by section thirteen of chapter forty of the General Laws, 
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 29. Tree Warden. — The town manager shall 
appoint a suitably qualified person to the office of tree 
warden. The existing elective office of tree warden shall 
be continued until the person appointed to said office of 
tree warden shall have qualified; at which time the elective 
office of tree warden shall terminate. The tree warden shall 
have the powers, perform the duties and be subject to the 
Uabilities and penalties now or hereafter conferred or im- 
posed by law upon tree wardens but in the conduct of his 



20 Acts, 1949. — Chap. 13. 

office he shall be subject to the supervision and direction 
of the town manager. The tree warden shall be sworn 
to the faithful performance of his duties by the chairman 
of the selectmen or by the town clerk. 



LEGAL AFFAIRS. 

Section 30. Appointment of Town Counsel. — The town 
manager shall annually appoint an attorney-at-law to act 
as town counsel, who shall draft all bonds, deeds, leases, 
obligations, conveyances and other legal instruments and 
shall perform such other legal services as may be requested 
of him, by vote of the town, by the town manager, or by 
any board of town officers. Also, when so requested he 
shall furnish a written opinion on any question that may 
be 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 town manager, 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 31. Approval of Warrants. — The town manager 
shall be the chief fiscal officer of the town. Warrants for 
the payment of town funds prepared by the town accountant 
in accordance with the provisions of section fifty-six of 
chapter forty-one of the General Laws shall be submitted 
to the town manager. The approval of any such warrant 
by the town manager shall be sufficient authority to au- 
thorize payment by the town treasurer, but the selectmen 
shall approve all warrants in the event of the absence of 
the town manager or a vacancy in the office of town 
manager. 

Section 32. Investigation of . Claims. — Whenever any 
pay roll, bill or other claim against the town is presented 
to the town manager he shall, if the same seems to him to 
be of doubtful validity, excessive in amount, or otherwise 
contrary to the interests of the to^vn, refer it to the select- 
men who shall immediately investigate the facts and deter- 
mine what, if any, payment should be made. Pending such 
investigation and determination by the selectmen, payment 
shall be withheld. 

Section 33. Receipts paid to Treasury. — Every officer 
shall pay into the treasury of the town all amounts received 
by him on behalf of the town, and shall make a true return 



Acts, 1949. — Chap. 13. 21 

thereof to the town accountant stating the accounts upon 
which such amounts were received. 

Section 34. Fees paid to Treasury. — The aggregate 
annual compensation of each town employee appointed 
by the manager shall be limited to the amount established 
in accordance with the provisions of this act and all fees 
received in accordance with the provisions of any general 
or special law shall be paid into the treasury of the town. 

Section 35. Certain Town Officers not to make Contracts 
with the Town. — It shall be unlawful for any selectman, the 
town manager, any member of the school committee, any 
trustee of the Peabody Institute, or any other elective or 
appointive official, except as otherwise provided by this act 
or any other provision of law, directly or indirectly to make 
a contract with the town, or to receive any commission, dis- 
count, bonus, gift, contribution or reward from, or any share 
in the profits of, any person or corporation making or per- 
forming such a contract, unless the official concerned, im- 
mediately upon learning of the existence of such contract, 
or that such a contract is proposed, shall notify the select- 
men in writing of the contract and of the nature of his 
interest therein and shall abstain from doing any official 
act on behalf of the town in reference thereto. In case such 
interest exists on the part of an officer whose dut}'' it is to 
make such a contract on behalf of the town, the contract 
may be made b}'' 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 imprisonment for not more than 
one year, or by both such fine and imprisonment. 

Section 36. 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 government 
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 expendi- 
tures 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 
received bj'- the town in the two preceding fiscal years to- 
gether 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 
liabilities of the town together with an estimate of the tax 
rate necessary to raise said amount. For the purpose of 



22 Acts, 1949. — Chap. 13. 

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 appropriations required for the efficient and 
proper conduct of their respective departments during the 
next fiscal year. 

Section 37. Annual Budget. — The selectmen shall con- 
sider the tentative budget submitted by the town manager 
and make such recommendations relative thereto as they 
deem expedient and proper in the interests of the town. On 
or before the twentieth day of December of each year the 
selectmen shall transmit a copy of the budget together with 
their recommendations relative thereto to each member of 
the finance committee. 

Section 38. Duties of Certain Town Officials relative to 
Election. — It shall be the duty of the selectmen and the 
town clerk in office and any other town official upon whom 
by reason of his office a duty devolves under the provisions 
of this act, when this act is accepted by the registered voters 
as herein provided, to comply with all the requirements of 
law relating to elections, to the end that all things may be 
done necessary for the nomination and election of the officers 
first to be elected under this act. 

Section 39. Section 9 of chapter 294 of the acts of 1930 
is hereby amended by adding the following paragraph : — 

Before making recommendations under each article of the 
warrant, the committee shall hold public hearings in relation 
thereto, after first notifying the selectmen and the town 
manager of the time and place of such hearing. The finance 
committee shall report in writing to the town meeting all 
its recommendations under the various articles of the war- 
rant. The recommendation reported by the finance com- 
mittee under any article shall be treated in the town meeting 
as a motion under that article. The recommendation shall 
be subject to amendment by a majority of the town meet- 
ing members voting on the motion to amend. If there be a 
majority and a minority report of the finance committee, the 
minority report shall have precedence of all other motions 
to amend the report of the committee. 

Section 40. This act shall be submitted for acceptance 
to the qualified voters of the town of Danvers at an annual 
or special town meeting called for the purpose. The vote 
shall be taken in precincts by ballot in accordance with the 
provisions of the General Laws, so far as the same shall be 
applicable, in answer to the question, which shall be placed 
upon the official ballot to be used at said meeting: — "Shall 
an act passed bj'" the general court in the 3''ear nineteen hun- 
dred and forty-nine, entitled 'An Act to establish the town 
manager form of government in the town of Danvers', be 
accepted by this town?" If a majority of the voters voting 
on this question shall vote in the affirmative, said act shall 
take effect immediately for the purposes of the town election 



Acts, 1949. — Chap. 13. 23 

to be held on the first Monday of March, nineteen hundred 
and fifty, and for all things pertaining thereto, and shall 
take full effect upon the quaHfication of a majority of the 
selectmen first elected as provided in section two of this act. 
If a majority of the voters voting on this question shall vote 
in the negative, this act shall thereupon become void. 

Section 41. At any time after the expiration of five 
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 ten 
per cent of the registered voters of the town, may be filed 
with the selectmen, requesting that the question of revoking 
the acceptance of this act be submitted to the voters. There- 
upon 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 meet- 
ing the vote shall be taken in answer to the following ques- 
tion which shall be printed on the official ballot: "Shall the 
acceptance by the town of Danvers of an act passed by the 
general court in the year nineteen hundred and forty-nine, 
entitled 'An Act to establish the town manager form of 
government in the town of Danvers' 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 meeting next following such vote, which meet- 
ing 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 con- 
tinue to hold office until their successors have been duly 
quahfied. At the 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 required 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 ofiice 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 ail things may be done necessary for the nomination and 
election of the officers required to be elected following the 
revocation of this act. The said revocation shall not affect 
any contract then existing 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 abohshed at the time of 
the annual town meeting next following such vote of revoca- 
tion 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- 



24 



Acts, 1949. — Chap. 14. 



law in force when such revocation takes effect, so far as con- 
sistent with general laws respecting town government and 
town officers and with said special laws, shall not be affected 
thereby. Approved February 21, 1949. 



ChaV 14 -^^ ^^'^ FURTHER REGULATING THE PAYMENT OF THE CHARGES 
AND EXPENSES OF BURIAL OF CERTAIN INSANE AND 
SPENDTHRIFT WARDS. 



G. L. (Ter. 
Ed.), 201, 
§ 48A, etc. 
amended. 

Payment of 
burial ex- 
penses of 
wards, regu- 
lated. 



Be it enacted, etc., as Jollows: 

Chapter 201 of the General Laws is hereby amended by 
striking out section 48A, as most recently amended by 
chapter 241 of the acts of 1941, and inserting in place thereof 
the following section :^ — Section 48 A. Upon apphcation 
therefor by a conservator or bj^ a guardian of an insane person 
or a spendthrift, whose ward is a resident of the common- 
wealth, the probate court, after such notice as it deems 
necessary, and a hearing, may authorize such conservator 
or guardian to deposit, for the purpose hereinafter stated, 
in a savings bank, or in the savings department of a trust 
company, within the commonwealth, a sum not exceeding 
one hundred and fifty dollars, to be expended solelj?- for, or 
towards the expense of, the burial of his ward. Such deposit 
shall be made in the name of the judge of probate for the 
time being, and shall be subject to the order of the judge and 
of his successors in office. The person making such deposit 
shall file in the probate court a memorandum thereof and the 
deposit book, and the amount so deposited shall, for the pur- 
pose of the accounting by such guardian or conservator, be 
allowed as a payment. Upon the death of such ward, the 
probate court may, upon application and after like notice 
and hearing, order the payment of such deposit, together 
with any accrued interest thereon, hereinafter referred to as 
such deposit, to the executor of the will of such ward or to the 
administrator of his estate, to be expended by him only for the 
purpose hereinbefore stated, and, in case no executor or ad- 
ministrator is appointed, said court may order pajnuent from 
such deposit together with any accrued interest thereon to 
any undertaker or other person, of any charge for such burial 
or sum expended therefor which it finds to be proper, but 
not exceeding the amount of such deposit together with any 
accrued interest thereon, or may apportion such deposit 
together with any accrued interest thereon betvreen several 
claimants for such charges or expenses but in no event to 
exceed the total amount of such charges, or expenses; pro- 
vided, that any balance remaining after the payment of such 
charges or expenses shall become general assets of the estate. 

Approved February 21, 1949. 



Acts, 1949. — Chaps. 15, 16. 25 



An Act authorizing the town of shutesbury to borrow (J}i(ij) 15 

MONEY for the CONSTRUCTION OF A SCHOOL BUILDING. 

Be it enacted, etc., as folio ivs: 

Section 1. For the purposes of constructing a school 
building and of originally equipping and furnishing the same, 
the town of Shutesbury 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, forty- 
five thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Shutesbury School 
Building Loan, Act of 1949. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit, but shall, except as herein provided, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved February 26, 1949. 

An Act to authorize the town of foxbofouch '^^ ChaV' 16 

BORROW money FOR THE PURPOSE OF PURCHASING LAND 
AND CONSTRUCTING THEREON AN ADDITION TO THE HIGH 
SCHOOL BUILDING, AND FOR EQUIPPING AND FURNISHING 
SAID ADDITION. 

Be it enacted, etc., as follows: 

Section I. For the purpose of purchasing land and con- 
structing thereon an addition to the high school building, 
and originally equipping and furnishing said addition, the 
town of Foxborough 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 three 
hundred and fifty thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Foxborough School Addition Loan, Act of 1949. 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 February 26, 1949. 



26 Acts, 1949. — Chaps. 17, 18, 19. 



Chap. 17 An Act authorizing the county commissioners of the 

COUNTY OF MIDDLESEX TO PROVIDE ADDITIONAL BEACH 
FACILITIES AT THE WALDEN POND STATE RESERVATION. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Middlesex are hereby authorized to provide additional 
beach facilities at the Walden pond state reservation. For 
said purpose, said commissioners may expend out of any 
available funds the sum of twenty-five thousand dollars, 
which 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 February 26, 1949. 

Chap. 18 An Act reviving lawrence publications, inc. 

Emergency Whcrcas, The deferred operation of this act would delay 

the corporation revived thereby in resuming the exercise 
of its former corporate powers, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Lawrence Publications, Inc., a corporation dissolved 
March twenty-eighth, nineteen hundred and forty-one 
by decree of the supreme judicial court, is hereby revived 
with the same powers, duties and obligations as if said decree 
had not been entered; and all actsfand proceedings of the 
officers, directors and stockholders of said corporation, 
acting as such, which would be legal and valid but for the 
entry of such decree, are hereby ratified and confirmed. 

Approved February 26, 1949. 

Chap. 19 An Act authorizing the city of pittsfield to grant a 

PERMIT RELATIVE TO THE CONSTRUCTION AND MAINTENANCE 
OF A STRUCTURE BRIDGING NEW YORK AVENUE IN SAID 
CITY. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice 
published in a newspaper published in the city of Pittsfield 
and a public hearing thereon, the city council of the city of 
Pittsfield may, with the approval of the mayor, grant and 
issue a permit to the General Electric Company, a New 
York corporation, authorized to do business in this common- 
wealth, abutter on both sides of New York avenue in the 
city of Pittsfield, to build, and on such conditions and subject 
to such restrictions as said council may prescribe, perma- 
nently maintain, a structure bridging New York avenue 
in said city connecting lands owned by the abutter on 
opposite sides of said avenue. 



Acts, 1949. — Chap. 20. 27 

Section 2. No structure bridging said avenue under a 
permit issued as provided in section one of this act shall be 
constructed or maintained at a height less than twenty-four 
feet above the grade line of said street, and no part of the 
bridge or its supports shall rest upon the traveled portion 
of said highway; but nothing contained herein shall prohibit 
the erection of supports or columns; provided, that they 
are placed in the so-called tree line of said highway. Such 
consent of the city of Pittsfield may be given by its council 
with the approval of the mayor. 

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

Section 4. Any permit granted under authority of this 
section may be revoked by said city council, after due notice 
and a hearing, and with the approval of the mayor. 

Section 5. This act shall take effect upon its passage. 

Approved February £8, 1949. 



An Act relative to regulating the parking op motor Qfiap, 20 

vehicles at the walden pond state reservation. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Middlesex are hereby authorized to make regulations govern- 
ing the parking of motor vehicles at the Walden pond state 
reservation between Baker bridge in the town of Lincoln 
and highway route 2 in the town of Concord. Said regula- 
tions shall be enforced by the police officers appointed under 
authority of section three of chapter four hundred and 
ninety-nine of the acts of nineteen hundred and twenty- 
two, as amended by chapter fifty of the acts of nineteen 
hundred and forty-six. 

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

Approved February 28, 1949. 



28 Acts, 1949. — Chaps. 21, 22. 

Chap. 21 An Act transferring the powers and duties of the 

BOARD OF WATER COMMISSIONERS OF THE NORTH EASTON 
VILLAGE DISTRICT TO THE PRUDENTIAL COMMITTEE 
THEREOF, AND REGULATING THE ELECTION AND COM- 
PENSATION OF SAID COMMITTEE, 

Be it enacted, etc., as follows: 

Section 1, The powers and duties of the board of water 
commissioners of the North Easton Village District under 
the provisions of chapter one hundred and sixty-nine of the 
acts of eighteen hundred and eighty-seven, and acts in 
amendment of and in addition thereto, are hereby transferred 
to, and hereafter shall be exercised and performed by, the 
pi-udential committee of said district, and, upon the election 
and qualification of the members of the prudential com- 
mittee in the year nineteen hundred and forty-nine, the 
board of water commissioners shall be abolished and the 
several terms of office of the members of said board shall 
terminate. 

Section 2. The prudential committee shall consist of 
three members to be elected as hereinafter provided. At 
the annual district election in the year nineteen hundred 
and forty-nine, one member shall be elected for a term of one 
year, one member for a term of two years, and one member 
for a term of three years, and thereafter when the term of 
any member expires, his successor shall be elected for a 
term of three years. 

Section 3. The compensation of the members of the 
prudential committee shall be determined from time to 
time by a vote of the duly authorized voters of said district. 

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

Approved February 28, 1949. 

Chap. 22 An Act authorizing the town of granville to 
reimburse the father of ray nestrovitch for 

CERTAIN expenses INCURRED BY REASON OF INJURIES 
SUSTAINED BY HIS SON AT A PUBLIC SCHOOL BUILDING 
IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the town of Granville may pay to the father of 
Ray Nestrovitch, a minor, a sum of money not exceeding 
eighty-seven dollars and fifty cents to reimburse him for 
expenses of hospital and medical care incurred by him on 
account of injuries received by said Ray Nestrovitch at a 
public school building in said town. 

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

Approved February 28, 1949. 



Acts, 1949. — Chaps. 23, 24. 29 



An Act to authorize the town of natick to borrow Chap. 23 

MONEY FOR THE PURPOSE OF ACQUIRING LAND AND 
constructing, equipping and FURNISHING SCHOOL 
BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing and originally equipping and furnishing school 
buildings, the town of Natick 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 million dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, "Natick 
School Loan, Act of 1949." 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, including the limi- 
tation contained in the first paragraph of section seven 
thereof. 

Section 2. Any action taken at the annual town meeting 
in the year nineteen hundred and forty-nine to acquire land 
and construct and originally equip and furnish school build- 
ings shall be as valid and effective as though this act had been 
in full force and effect on the date on which the warrant for 
said annual town meeting was posted. 

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

Approved February 28, 1949. 



An Act authorizing the town of marshfield to Chav 24 
borrow money for school purposes. 

Be it enacted, etc., as follows: 

Section 1, For the purpose of constructing and 
originally equipping and furnishing a school building, the 
town of Marshfield 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, three 
hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Marshfield 
School Building Loan, Act of 1949. 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, but shall, except as herein provided, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved February 28, 1949. 



30 Acts, 1949. — Chaps. 25, 26. 

Chap. 25 An Act further providing for the continuation of 

THE PRESENT LAWFUL USE OF CERTAIN BUILDINGS 
PENDING THE ISSUANCE OF CERTAIN CERTIFICATES OF 
INSPECTION. 

pream^ Whereas, The deferred operation of this act would tend 

to defeat its purpose, which is to continue for a further period 
of one year from March first of the current year the provisions 
of the law hereby amended, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the pubhc 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 91 of the acts of 1948, is 
hereby further amended by striking out, in line 10, the word 
"forty-nine" and inserting in place thereof the word: — 
fifty, — so as to read as follows : — Section 1 . Any acknowl- 
edgment 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 fifty in like manner and with Hke effect for such 
further periods of not more than ninety days each as cir- 
cumstances may require, pending the granting or refusal of 
the certificate. Such an acknowledgment may be revoked 
by an inspector, without a hearing and without the assign- 
ment of any cause therefor, at any time when in his opinion 
the public safety requires. 

Section 2. This act shall take effect as of March first in 
the current year. Approved February 28, 1949. 

Chap. 26 An Act authorizing the town of lexington to bor- 
row ADDITIONAL MONEY FOR SCHOOL PURPOSES AND 
EXTENDING THE TIME WITHIN WHICH SAID MONEY MAY 
BE BORROWED. 

Be it enacted, etc., as follows: 

Section 1. Chapter 186 of the acts of 1947 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . For the purposes 
of acquiring land for and constructing one or more school 
buildings, or constructing additions to existing school build- 
ings, and of originally equipping and furnishing the same, 
the town of Lexington may borrow from time to time, within 
a period of six years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, three 
miUion dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, Lexington School Building 



Acts, 1949. — Chaps. 27, 28, 29. 31 

Loan, Act of 1947. Each authorized issue shall constitute 
a separate loan, and such loans shall be paid in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as herein provided, be subject to chapter 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 February 28, 1949. 



An Act authorizing the county of Plymouth to QIiq/q 97 
purchase and maintain an airplane for use within ^' 

said county by the district fire warden of the 
department of conservation in the detection 
and prevention of forest fires. 

Be it enacted, etc., as follows: 

The county commissioners of the county of Plymouth are 
hereby authorized to purchase and maintain an airplane for 
the use of the district fire warden of the department of con- 
servation within said county in the detection and prevention 
of forest fires. Approved February 28, 1949. 



Chap. 28 



An Act authorizing the board of trustees of the 
lowell textile institute to confer the honorary 
degree of master of science. 

Be it enacted, etc., as follows: 

The second paragraph of section 47E of chapter 74 of S-.^- ('^^• 
the General Laws, as most recently amended by chapter § 47E, etc., 
378 of the acts of 1946, is hereby further amended by adding an^ended. 
at the end the following : — ; and the board may also confer 
the honorary degree of master of science. 

Approved February 28, 1949. 

An Act authorizing the use of an unexpended balance phn^ on 
OF certain funds for the purpose of erecting addi- ^' 
tional shop facilities for the farm mechanics divi- 
sion of the ESSEX county AGRICULTURAL SCHOOL. 

Be it enacted, etc., asfolloios: 

Section 1. Authority is hereby granted to the county 
commissioners of the county of Essex, acting in behalf of 
the trustees of the Essex County Agricultural School, to 
use an unexpended balance of funds authorized by chapter 
one hundred and thirty-one of the acts of nineteen hundred 
and forty-one, and amounting to approximately twelve 
thousand two hundred and twenty dollars, for the purpose 
of erecting additional shop facilities for the farm mechanics 
division of the school, as determined by the trustees thereof. 
All the limitations of said chapter one hundred and thirty-one 



32 Acts, 1949. — Chaps. 30, 31, 32. 

shall apply to the authorization hereunder, except as to the 
change in the use of said unexpended balance. 

Section 2. This act shall take full effect upon its ac- 
ceptance, prior to December thirty-first in the current 
year, by the county commissioners of the county of Essex. 

Approved February 28, 1949. 

Chav. 30 A.N Act relative to the terms of office of the trustees 

OF LEICESTER ACADEMY. 

Be it enacted, etc., as follows: 

The trustees of Leicester Academy, incorporated by an 
act entitled "An Act to incorporate an Academy in the 
Town of Leicester, by the Name of Leicester Academy", 
approved March twenty-third, seventeen hundred and 
eighty-four, may fill vacancies in their number by electing 
trustees for a term of three years or for life as hereinafter 
provided. A person who is elected a trustee for a three- 
year term may be re-elected for any number of successive 
three-year terms, and a person who has served two or more 
consecutive three-year terms as trustee may be elected a 
trustee for Ufe. Approved February 28, 1949. 

Chap. 31 An Act reviving bradley-goodrich company, inc. for 

THE SOLE PURPOSE OF CONVEYING AND TRANSFERRING 
CERTAIN PROPERTY. 

SS^mbie*^^ Whereas, The deferred operation of this act would delay 

the corporation revived thereby in resuming the exercise 
of its former corporate powers to the extent provided thereby, 
therefore, it is hereby declared to be an emergency law 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as folloios: 

Bradley-Goodrich Company, Inc., a corporation dis- 
solved by section one of chapter one hundred and eighty- 
seven of the acts of nineteen hundred and thirty-four, is 
hereby revived and continued for a period of one year for 
the sole purpose of conveying and transferring certain 
property of the corporation. Approved March 1, 1949. 

Chap. 32 An Act providing that no more appointments shall be 

MADE TO THE POSITION OF CHAUFFEUR IN THE POLICE 
department of the city of LOWELL. 

Be it enacted, etc., as folloios: 

Section 1. On and after the effective date of this act, 
no person shall be appointed to the position of chauffeur in 
the police department of the city of Lowell. 

Section 2. The provisions of this act shall in no way 
affect the tenure of office or other civil service rights of the 
present incumbents of the position of chauffeur in said 
department. Approved March /, 1949. 



Acts, 1949. — Chaps. 33, 34. 33 



An Act relative to the hours of duty of permanent (Jfidj)^ 33 

MEMBERS OF THE FIRE DEPARTMENT IN THE CITY OF 
TAUNTON. 

Be it enacted, etc., as foUoxos: 

Section 1. The hours of duty of the permanent members 
of the uniformed fire fighting force in the city of Taunton, 
upon its acceptance of this act as hereinafter provided, shall 
be so established by the mayor and city council that the 
average weekly hours of duty in any year, other than hours 
during which such members may be summoned and kept on 
duty because of conflagrations, shall not exceed fifty-six in 
number. Sections fifty-six, fifty-seven, fifty-eight A and 
fifty-nine of chapter forty-eight of the General Laws shall 
not apply to the permanent members of the uniformed fire 
fighting force in said city. 

Section 2. Upon petition of not less than ten per cent 
of the registered voters in said city, duly certified by the 
registrars of voters and filed with the city clerk not less 
than thirty days before any city election, the city clerk 
shall cause to be printed upon the official ballot to be used at 
such election the following question: "Shall an act passed 
by the General Court in the year nineteen hundred and forty- 
nine, providing that the average weekly hours of duty in any 
year for the permanent members of the uniformed fire fighting 
force of this city, other than hours during which such mem- 
bers may be summoned and kept on duty because of con- 
flagrations, shall not exceed fifty-six in number, be 
accepted?". If a majority of the votes cast on said question 
is in the affirmative, this act shall thereupon take full effect 
in said city. Approved March 1, 1949. 



An Act relative to fees for sealing certain weigh- Pjidy 34 

ING AND measuring DEVICES AND REPEALING CERTAIN ^' 

SPECIAL LAWS RELATIVE TO SUCH FEES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 98 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 56, as most recently amended f'^-^' ^f^- ' 
by section 1 of chapter 305 of the acts of 1937, and inserting amended.' 
in place thereof the following section : — Section 56. Except Fees of 
as otherwise provided, sealers shall receive the following fees ®®'*®''®' 
for sealing the following weighing or measuring devices: — 

(a) Each scale with a weighing capacity of more than ten 
thousand pounds, five dollars. 

(6) Each scale with a weighing capacity of five thousand 
to ten thousand pounds, two dollars. 

(c) Each scale with a weighing capacity of one hundred 
to five thousand pounds, one dollar. 

{d) Scales and balances under one hundred pounds, fifty 
cents. 



34 Acts, 1949. — Chaps. 35, 36. 

(e) Each liquid capacity measure, except vehicle tanks, of 
the capacity of more than one gallon and measures on pumps, 
twenty-five cents. 

(/) Each liquid measuring meter, except water meters, the 
diameter of the inlet pipe of which is one inch or less, one 
dollar; and for each such meter the diameter of the inlet 
pipe of which is more than one inch, three dollars. 

(g) Each taximeter or measuring device used upon vehicles 
to determine the cost of transportation, one dollar, 

(h) Each machine or other mechanical device used for 
determining linear or area measurement, one dollar. 

(i) Milk bottles or jars, fifty cents per gross. 

(j) Vehicle tanks used in the sale of commodities by liquid 
measure and having a capacity of one hundred gallons or less, 
one dollar. For each additional one hundred gallons or 
fraction thereof, an additional fee of fifty cents shall be 
received. When a vehicle tank is subdivided into two or 
more compartments, each compartment shall, for the pur- 
poses of this section, be considered as a separate tank. 

(k) All weights and other measures, ten cents each. 

They shall also receive reasonable compensation for 
necessary repairs, alterations and adjustments made by 
them. 

Section 2. Chapter 146 of the acts of 1945, chapter 17 
of the acts of 1946 and chapter 435 of the acts of 1948 are 
hereby repealed. Approved March 1, 19 If 9. 

Chap. 35 An Act further extending the time for completing 

CERTAIN improvements AND CONSTRUCTION ON PARK 
LAND IN THE CITY OF BOSTON KNOWN AS THE CHARLES- 
BANK, TO BE PAID FOR OUT OF THE GEORGE ROBERT 
WHITE FUND. 

Be it enacted, etc., as follows: 

The last sentence of section 1 of chapter 585 of the acts 
of 1941, as most recently amended by chapter 47 of the acts 
of 1947, is hereby further amended by striking out, in line 3, 
the word "eight" and inserting in place thereof the word: — 
ten, — so as to read as follows : — Said transfer shall also be 
upon the further express condition that if, within ten years 
from the date of such transfer, such improvement and con- 
struction at or on said park land shall not have been com- 
pleted, then the care, custody and control of said park land 
shall thereupon revert without further act to said park 
department. Approved March 1, 1949. 

Chap. 36 -A-N Act authorizing the city of lynn to borrow money 

FOR school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing an ele- 
mentary school building and of originally equipping and 
furnishing such new building, the city of Lynn may borrow 



Acts, 1949. — Chaps. 37, 38. 35 

from time to time, within 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 "Ljmn School Loan, Act of Nineteen Hundred and 
Forty-nine". Each authorized issue shall constitute a 
separate loan, and such loans shall be paid in not more than 
fifteen years from their dates, but no issue shall be au- 
thorized unless, in the current year, there shall have been 
appropriated from available revenue funds or voted to be 
raised by taxation for said school purposes a sum equal to 
twenty-five cents on each one thousand dollars of the assessed 
valuation of said city for the preceding year. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit and shall, except as provided herein, be subject to 
chapter forty-four of the General Laws, exclusive of so 
much of the proviso in the first paragraph of section seven 
thereof as is incorporated herein. 

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

Approved March S, 1949. 

An Act authorizing the park commissioners of the (JJkuj 37 
city of salem to charge for admission to the j. c. b. ' ' 

smith memorial pool in said city. 

Be it enacted, etc., as follows: 

Section 1. The park commissioners of the city of Salem 
may charge for admission to the J. C. B. Smith Memorial 
Pool, so called, in said city, and shall deposit with the city 
treasurer all moneys received from such admission fees and 
from the sale of articles thereat. Such deposits shall be 
set up in a separate account to be known as "Receipts from 
Smith Pool". Expenditures from said account shall, subject 
to appropriation, be made for the repair, maintenance and 
operation of said pool, including wages and salaries of em- 
ployees engaged in the operation thereof and activities 
appurtenant and relating thereto, and for the maintenance 
of other park and playground areas under the control of said 
commissioners. 

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

Approved March 2, 1949. 

An Act authorizing the town of Pembroke to borrow QliQ/n 33 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of completing the construc- 
tion of an addition to a school building, and originally 
equipping and furnishing said addition, the town of Pembroke 
may borrow from time to time, within a period of five years 
from the passage of this act, such sums as may be necessarj'-, 
not exceeding, in the aggregate, eighty-five thousand dollars, 



36 Acts, 1949. — Chaps. 39, 40. 

and may issue bonds or notes therefor, which shall bear on 
their face the words, Pembroke School Building Loan, Act 
of 1949. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except 
as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved March 2, 1949. 

Chap. 39 ^N ^CT AUTHORIZINO THE TOWN OF LAKEVILLE TO BORROW 
MONEY FOR THE PURPOSE OF CONSTRUCTING AN ADDITION 
TO AN EXISTING SCHOOL BUILDING AND EQUIPPING AND 
FURNISHING SAID ADDITION. 

Be it enacted; etc., as follows: 

Section 1. For the purpose of constructing an addition 
to an existing school building and originally equipping and 
furnishing said addition, the town of Lakevillp 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, Lakeville School Build- 
ing Loan, Act of 1949. Each authorized issue shall consti- 
tute a separate loan and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory limit 
but shall, except as provided herein, be subject to the pro- 
visions of 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 2, 1949. 



Chap. 40 -^N ^^'^ '^^ authorize THE TOWN OF WALPOLE TO BORROW 
money for THE CONSTRUCTION AND FURNISHING OF A 
SCHOOL BUILDING. 

Be it enacted, etc., as folloios: 

Section 1. For the purpose of constnicting and origi- 
nally equipping and furnishing a school building, the town 
of Walpole 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, three hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Walpole School 
Loan, Act of 1949. 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 



Acts, 1949. — Chaps. 41, 42, 43. 37 

under this act shall be in excess of the statutory limit, but 
shall, except as provided herein, bo 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 take effect upon its passage. 

Approved March 2, 1949. 



An Act authorizing the town of walpole to construct, /^/,^^ 41 
equip and maintain a building for use as a school ^' 
building, on land within the limits of park land 
located on stone and school streets. 

He it enacted, etc , as follows: 

Section 1. The town of Walpole is hereby authorized, 
notwithstanding any limitations contained in chapter forty- 
five of the General Laws, to build, equip and maintain a 
building to be used for school purposes only, within the 
limits of park land known as Memorial Park located on 
Stone and School streets in said town. Said building shall 
be so located as to interfere as little as possible with the use 
for recreational or athletic purposes of any part of the park 
area so used. 

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

Approved March 2, 1949. 



An Act authorizing the city of salem to use certain Qhn^) 49 
land for public school athletic activities. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Salem is hereby authorized to 
use the stadium and athletic field known as Bertram field, 
now under the control of its board of park commissioners and 
not required for park purposes, for public school athletic 
purposes. The land and stadium so used shall be under the 
same care and control as other school property. 

Section 2. This act shall take effect when, after recom- 
mendation by the board of park commissioners of the city 
of Salem, it is accepted by the city council of said city, sub- 
ject to the provisions of its charter, during the current year. 

Approved March 2, 1949. 



An Act to authorize the town of wareham to borrow ChoD 43 

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 originally 
equipping and furnishing a school building, the town of 
Wareham 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 three hundred 



38 Acts, 1949. — Chaps. 44, 45. 

thousand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, " Wareham 
School Loan, Act of 1949". 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 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 full effect upon its ac- 
ceptance by the voters of the town of Wareham at an annual 
or special town meeting, but not otherwise. 

Approved March 2, 1949. 



Chap. 44 An Act relative to the taking effect of an act grant- 
ing THE CONSENT OF THE COMMONWEALTH TO THE ACQUI- 
SITION BY THE UNITED STATES OF AMERICA OF CERTAIN 
LAND IN THE CITY OF LAWRENCE FOR USE AS A NAVAL 
RESERVE TRAINING STATION AND CEDING JURISDICTION 
OVER SUCH LAND. 

Be it enacted, etc., as follows: 

Section 3 of chapter 569 of the acts of 1946 is hereby 
amended by striking out, in line 5, the word "forty-six" 
and inserting in place thereof the word : — forty-nine, — 
so as to read as follows: — Section S. This act shall take full 
effect upon its acceptance by a majority vote of the city 
council of said city of Lawrence and upon deposit in the 
office of the state secretary before December thirty-first, 
nineteen hundred and forty-nine, of a suitable plan of said 
parcel, but not otherwise. Approved March 2, 1949. 



Chap. 45 -An Act permitting the late registration of voters in 

THE town of DEDHAM FOR THE ANNUAL TOWN MEETING 
TO BE HELD IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
twenty-six of chapter fifty-one of the General Laws, the 
registrars of voters of the town of Dedham may register 
voters for the annual town meeting in the current year, 
up to and including February twenty-third, nineteen hundred 
and forty-nine, as advertised. 

Section 2. All action taken by said registrars in regis- 
tering voters for said town meeting prior to the passage of 
this act is hereby validated and confirmed, to the same extent 
as if section one of this act had been in effect at the time 
of such action. 

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

Approved March 4, 1949. 



Acts, 1949. — Chaps. 46, 47, 48. 39 



An Act validating the late registration of voters nhn'jj 4« 

IN THE TOWN OF STOUGHTON FOR THE ANNUAL TOWN ^' 

MEETING TO BE HELD IN THE CURRENT YEAR. 

Be it enacted, etc., asfolloios: 

Section 1. The registration of voters in the town of 
Stoughton for the annual toAvn meeting in the current year, 
up to and including February twenty-third, nineteen hun- 
dred and forty-nine, as advertised, in so far as such registra- 
tion was invaUd by reason of failure to comply with the 
provisions of section twenty-six of chapter fifty-one of the 
General Laws, is hereby validated. 

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

Approved March 4, 19Jf9. 



Chap. 47 



An Act relative to the performance of the official 
duties of the recorder of the land court in the 
event of his absence. 

Be it enacted, etc., as follows: 

Chapter 185 of the General Laws is hereb}^ amended by g. l. (Ter. 
striking out section 12, as most recently amended by chapter f'l2,'efc^.' 
29 of the acts of 1943, and inserting in place thereof the amended.' 
following .section: — Section 12. The iudge of the land Certain per- 

." ., •^j.'j.i 1 in sons to act 

court may appoint one or more examiners oi title who shall as recorder, 
be attorneys at law and he may also appoint a chief title '*'^*"' 
examiner who shall perform all the duties of an examiner 
of title and such other duties in connection with the work 
of the court as the judge or an associate judge maj^ assign. 
Any deputy recorder appointed under section six, who is 
designated for the purpose by the judge by a writing filed 
in the recorder's office, shall in case of absence, sickness or 
disability of the recorder, or if a vacancy exists in the office 
of the recorder, perform all of the official duties of the re- 
corder. In case of the absence, sickness or disability of 
both the recorder and any deputy recorder designated to 
perform the official duties of the recorder, or of the recorder 
alone, if a vacancy exists in the position of the deputy re- 
corder designated to perform the official duties of the recorder, 
the chief title examiner under the title of deputy recorder 
shall perform all of the official duties of the recorder. 

Approved March 4, 194-9. 



An Act authorizing the destruction of cancelled fhnf) aq 

O^VNERS' DUPLICATE CERTIFICATES OF TITLE OF REGISTERED ^' 

LAND. 

Be it enacted, etc., as follows: 

Section 48 of chapter 185 of the General Laws, as ap- g. l. (Ter. 
pearing in the Tercentenary Edition, is hereby amended by f 48 ' Amended 
adding at the end the following paragraph : — 



40 Acts, 1949. — Chaps. 49, 50. 

Destruction 'pj^g assistant rccorders in the various reeistry districts 

duplicate are hereby authorized to destroy all owners' duplicate 

a^hon^zed'.' Certificates of title upon the cancellation thereof. 

Approved March 4, 1949. 

Chap. 49 -^N ^^'^ RELATIVE TO THE EXPENDITURE OF MONEY BY THE 
COUNTY COMMISSIONERS OF THE COUNTY OF DUKES COUNTY 
FOR THE PURPOSE OF PROMOTING THE RECREATIONAL AD- 
VANTAGES OF SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 134 of the acts of 1938 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . The county 
commissioners of the county of Dukes county may, for the 
purpose of advertising the recreational advantages of said 
county and for operating information booths in said county, 
expend such sums, not exceeding ten thousand dollars in any 
one year, as may be appropriated therefor. In addition to 
expenditures for operating information booths, said com- 
missioners shall expend such sums only for advertising in 
newspapers, magazines and the like, or for booklets, posters 
or other forms of advertising. In carrying out the provisions 
of this act, said commissioners maj^ designate an agent or 
agents to act for them or to act jointly with them; provided, 
that all bills incurred shall be accompanied by proper 
vouchers and shall be paid by the county treasurer only on 
warrants approved by the county commissioners or a majority 
of them. Appropriations for the purposes of this act shall 
be included in the county tax, except that the town of Gos- 
nold shall not be assessed for any part thereof in the assess- 
ment of the county tax. 

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 March 4, 1949. 



Chap. 50 An Act authorizing the transfer of certain land on 

MYRTLE STREET IN THE CITY OF BOSTON FROM THE SCHOOL 
DEPARTMENT TO THE PARK DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as folloivs: 

Section 1. The school committee of the city of Boston 
is hereby authorized to transfer to the board of park com- 
missioners of said city the control and charge of any part or 
parts or the whole of the land on the southerly side of Myrtle 
street, between Joy street and Anderson street, in said city, 
held by said city for school purposes. Said transfer shall 
take effect upon acceptance thereof by vote of said board of 
park commissioners. Thereafter so much of said land as is 
transferred hereunder shall be under the control and charge 
of said board of park commissioners and shall be developed 



Acts, 1949. — Chaps. 51, 52. 41 

and maintained as a public playground in accordance with 
the provisions of chapter forty-five of the General Laws. 

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 March 4, 1949. 



An Act to authorize the town of Kingston to borrow Qhnr) 51 

MONEY FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING ^' 

AND FURNISHING A SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town 
of Kingston 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 seventy-five thousand dollars, and may issue bonds or 
notes of the town therefor which shall bear on their face 
the words, ''Kingston School Loan, Act of 1949". 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 March 8, 1949. 

An Act authorizing the town of heath to borrow Qhai) 59 
money for school purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to a school building and originally equipping and furnish- 
ing the same, the town of Heath may borrow, from time to 
time, within a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding in the 
aggregate ten thousand dollars, and may issue bonds or 
notes of the town therefor which shall bear on their face the 
words, "Heath School Loan, Act of 1949". 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 and shall, except as herein provided, be sub- 
ject 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 8, 1949. 



42 



Acts, 1949. — Chaps. 53, 54, 55. 



Chap. 53 An Act authorizing the town of Cheshire to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to the present Cheshire school and originally equipping and 
furnishing said addition, the town of Cheshire may boiTOW 
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, fifty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Cheshire School Loan, Act of 1949. Each au- 
thorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in 
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 para- 
graph of section seven thereof. 

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

Approved March 8, 1949. 



Chap. 54 An Act requiring the copy of the process required 
to be left with the commissioner of corporations 
and taxation in connection with the service of 
process upon certain foreign corporations to be 
in duplicate. 

Be it enacted, etc., as follows: 

Section 3 of chapter 181 of the General Laws, as most 
recently amended by section 1 of chapter 342 of the acts of 
1946, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following sen- 
tence : — Service of such process shall be made by leaving 
a copy of the process in duplicate with a fee of two dollars 
in the hands of the commissioner, or of his deputy or second 
deputy when acting under section six of chapter fourteen 
or in the office of the commissioner, and such service shall 
be sufficient service upon the corporation. 

Approved March 8, 1949. 



G. L (Ter. 
Ed.). 181, 
§ 3, etc., 
amended. 



Copy of 
process to be 
in duplicate. 



Chap. 55 An Act relative to appointments to the regular fire 
force in cities and towns in which there has been 
established a reserve force of firemen. 

Be it enacted, etc., as follows: 

Chapter 31 of the General Laws is hereby amended by 
striking out section 19A, as most recently amended by chap- 
ter 530 of the acts of 1943, and inserting in place thereof 
the following section: — Section 19 A. In each city in 
which there has been established a reserve force of firemen 
in its fire department under the provisions of sections fifty- 



G. L. (Ter. 
Ed.), 31, 
§ 19A, etc., 
amended. 

Appointment 
to regular 
fire force in 
certain citieti. 



Acts, 1949. — Chaps. 56, 57, 58. 43 

nine B to fifty-nine D, inclusive, of chapter forty-eight, and 
in each city and town which has a reserve force of firemen 
under authority of special law, appointments to the regular 
force shall be made by the appointing authority upon certi- 
fication by the director from the list of members of the 
reserve force of firemen, in accordance with the rules of the 
commission, except that the basis of certification shall be 
the order of appointment to the reserve force, or, if not 
ascertainable, the order of the respective ratings of such 
members obtained in the examination upon which the list 
of ehgibles for appointment to such reserve force was based. 
No person who has passed his fiftieth birthday shall be 
appointed from such a reserve force to such a regular force. 
The provisions of this section shall not be deemed to prevent 
the appointment to the regular force of a city or town of a 
call fireman who, in the case of a city, has been a call member 
therein for more than five years prior to June fifteenth, 
nineteen hundred and forty-three, and, in the case of a town, 
has been a call member therein for more than five years 
prior to such appointment to the regular force. 

Approved March 8, 1949. 



Chap. 56 



regulated. 



An Act relative to the publication of process in 
probate proceedings. 

Be it enacted, etc., as follows: 

Section 3 of chapter 215 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by adding f^.^amended. 
at the end the following sentence : — Whenever service of PubUoation 
any notice, citation, order or other process in any of the ^f„P^°Jf^' 
foregoing proceedings is ordered to be made by publication 
the names of the estates or parties to such proceedings shall 
be printed in bold type. Approved March 8, 1949. 

An Act to authorize the trustees of mount holyokb Qhnr) 57 

COLLEGE TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. "* 

Be it enacted, etc., as follows: 

The Trustees of Mount Holyoke College are hereby au- 
thorized to hold real and personal estate in the manner and 
for the purposes set forth in its charter to an amount not 
exceeding twenty million dollars. 

Approved March 8, 1949. 

An Act authorizing the ware savings bank to Qhajy 5g 
acquire additional real estate suitable for a ^' 

PARKING lot or FOR OTHER BANKING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The Ware Savings Bank, incorporated 
under the laws of the commonwealth, may, subject to the 
approval of the commissioner of banks, invest its deposits 



44 Acts, 1949. — Chaps. 59, 60. 

to an amount not exceeding twenty thousand dollars in the 
purchase and preparation of a suitable site in the town of 
Ware for a parking lot to be used in the transaction of its 
business, or for other banking purposes. 

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

Approved March 11, 1949. 

Chap. 59 An Act authorizing the submission to the voters 

OF THE TOWN OF COHASSET OF THE QUESTION OF 
THE ACCEPTANCE OF CERTAIN PROVISIONS OF LAW 
REGULATING THE HOURS OF DUTY OF PERMANENT 
MEMBERS OF FIRE DEPARTMENTS. 

Be it enacted, etc., as follows: 

Nothwithstanding any contrary provisions of section 
fifty-eight A of chapter forty-eight of the General Laws, 
the question of the acceptance of said section may be sub- 
mitted for acceptance to the voters of the town of Cohasset 
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 section fifty-eight A of chapter forty-eight of the 
General Laws, providing for a seventy-hour week for 
permanent members of the fire departments, be accepted?" 
If a majority of the votes cast in answer to said question 
is in the affirmative, then said section fifty-eight A shall 
take effect in said town ninety days thereafter. 

Approved March 11, 1949. 

Chap. 60 An Act relative to the authority of the aeronautical 

INSPECTORS OF THE MASSACHUSETTS AERONAUTICS COM- 
MISSION. 

Be it enacted, etc., as follows: 

Ed^" 90 ^"^^ Section 40 of chapter 90 of the General Laws, as amended 

§4b,'£tc., by section 1 of chapter 582 of the acts of 1946, is hereby 
amended. further amended by adding at the end the following para- 
graph : — 
(^'"ectors'''^' Persons appointed as inspectors by the commission shall, 
authority of, with respect to the enforcement of laws relating to aero- 
nautics, have and exercise throughout the commonwealth all 
the powers of constables, except the service of civil process, 
and of poUce officers, including the power to arrest any per- 
son who, in the presence of the inspector making the arrest, 
commits a breach of the peace which violates any provision 
of the aviation law as contained in this chapter or the rules 
and regulations estabhshed by the commission; provided, 
that such violation shall have been committed in the presence 
of the inspector making the arrest and constitutes a breach 
of the peace; and they may serve all process issued by the 
courts with respect to the enforcement of such laws. 

Approved March 11, 1949. 



etc. 



Acts, 1949. — Chaps. 61, 62. 45 



An Act relative to powers of the superior court in (Jjidj) gj 
workmen's compensation cases. 

Be it enacted, etc., as follows: 

Section 11 of chapter 152 of the General Laws, as amended, ^j^- ^J^'- 
is hereby further amended by adding at the end the follow- § li.' etc.,' 

1 amended. 

mg paragraph : — 

In the event of a decree of the superior court the court superior court 

r • 1 1 ,^ . . . f may report 

may, on motion of either party, by a brief statement of facts questions of 
agreeable to the parties, report questions of law raised by the ^^^' ®**'' 
decree to the supreme judicial court for determination. 

Approved March 11, 1949. 

An Act relative to the supervision by the commissioner nhnrf 62 
OF banks of the collateral loan company, formerly ^' 
the pawners* bank. 

Be it enacted, etc., as follows: 

Section 1. Section 13 of chapter 173 of the acts of 1859 
is hereby amended by striking out, in line 2, the words 
"bank commissioners" and inserting in place thereof the 
words : — commissioner of banks, — so as to read as fol- 
lows: — Section 13. The president and directors of said 
bank shall annually report to the commissioner of banks, full 
and accurate statistics of the operations and condition of 
said bank, in the month of October in each year. 

Section 2. Chapter 170 of the acts of 1888 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following: — Section 1. The commissioner of 
banks shall have access to the vaults, books and papers of 
the Collateral Loan Company, and it shall be his duty to 
inspect, examine and inquire into its affairs, and to take pro- 
ceedings in regard to them in the same manner and to the 
same extent as if this corporation was a savings bank, subject 
to all the laws which are now or hereafter may be in force 
relating to such institutions in this regard. The returns re- 
quired to be made to the commissioner of banks shall be in the 
form of a trial balance of its books, and shall specify the 
different kinds of its liabilities and the different kinds of its 
assets, stating the amounts of each kind, in accordance with 
a blank form to be furnished by said commissioner; and 
these returns shall be published in a newspaper of the city of 
Boston, at the expense of said corporation, at such times and 
in such manner as may be directed by said commissioner, 
and in the annual report of said commissioner: provided, 
however, that said commissioner may cause any examina- 
tion to be made by an expert under his direction, but at the 
expense of the corporation. Approved March 14, 1949. 



46 



Acts, 1949. — Chaps. 63, 64. 



G. L. (Ter. 

Ed.). 168. 

{ 23, amended. 



Cha/P- 63 ^^ ^^'^ RELATIVE TO THE REMOVAL OF TRUSTEES OF SAVINGS 
BANKS FOR DISREGARD OF THEIR DUTIES TO SUCH CORPORA- 
TION. 

Be it enacted, etc., as follows: 

Section 23 of chapter 168 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 fol- 
lowing sentence : — If a trustee fails both to attend the 
regular meetings of the board and to perform any of the 
duties devolving upon him as such trustee for six consecu- 
tive months, his office may be declared by the board at the 
next regular meeting to be vacant, and upon his failure both 
to attend meetings and to perform such duties for twelve 
consecutive months, his office shall be declared by the board 
at the next regular meeting to be vacant, — so that said 
section will read as follows : — Section 23. If a trustee fails 
both to attend the regular meetings of the board and to per- 
form any of the duties devolving upon him as such trustee 
for six consecutive months, his office may be declared by the 
board at the next regular meeting to be vacant, and upon his 
failure both to attend meetings and to perform such duties 
for twelve consecutive months, his office shall be declared 
by the board at the next regular meeting to be vacant. A 
record of such vacancy shall be entered upon the books of 
the corporation, and a transcript of such record shall be sent 
by mail to the person whose office is thus made vacant. 
The office of any trustee who takes the benefit of any law of 
bankruptcy or insolvency, or who on examination on sup- 
plementary process has been found unable to pay a judg- 
ment, shall thereby be vacated. The commissioner may 
recommend the removal of any trustee, officer or employee 
who in his opinion has abused his trust, or has been neghgent 
in the performance of his duties, and upon such recommenda- 
tion the trustees may remove or discharge such trustee, 
officer or employee. The trustees shall act upon such recom- 
mendation within thirty days after receiving the same. 

Approved March I4, 1949. 



Removal of 
trustees of 
savings banks 
for disregard 
of duties. 



Chap. 64 ^ Act relative to certain deposits with others than 

BANKS FOR THE PURPOSE OF BEING TRANSMITTED TO 
FOREIGN COUNTRIES. 



G. L. (Ter. 
Ed.). 169. 
I 1, amended. 



Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 169 of the General 
Laws, as appearing in the'?;Tercentenary Edition, is hereby 
amended by striking out, inpines 4lto 7, inclusive, the words 
"in such sums that ^the^average of^the separate deposits so 
received during any twelve successive months, or during 
such period, if less than twelve months, that such person 
has been engaged in such business, is less than five hundred 



Acts, 1949. — Chap. 64. 47 

dollars,", — so as to read as follows: — Section 1. This Application 
chapter shall apply to all persons who engage or are financially °^ '=^»r'te''- 
interested in the business of receiving deposits of money, 
for the purpose of transmitting the same or equivalents 
thereof to foreign countries, except duly incorporated banks 
and trust companies, express companies having contracts 
with railroad or steamship companies for the operation of an 
express service upon the lines of such companies, or express 
companies doing an international express business, or trans- 
atlantic steamship companies or telegraph companies. 

Section 2. Section 3 of said chapter 169, as so appear- g. l. (Xer. 
ing, is hereby amended by striking out the last sentence f t^ail^nded. 
and inserting in place thereof the following sentence : — 
In case of the revocation or surrender of, or failure to renew, Revocation, 
a hcense, the money and securities and the bond, if there 000^^6.'^*"" 
be one, shall continue to be held by the state treasurer for a 
period of one year from the date of such revocation, surrender 
or failure to renew and until the expiration of sixty days 
after final judgment in any action or suit commenced prior 
to the end of said period, unless otherwise directed by the 
order or judgment of a court of competent jurisdiction. 

Section 3. Section 6 of said chapter 169, as so appearing, g. l. (Xer. 
is hereby amended by striking out, in hne 1, the words "any f e^amtnded. 
business" and inserting in place thereof the words: — the 
business of receiving deposits of money, for the purpose of 
transmitting the same or equivalents thereof to foreign 
countries, as, — so as to read as follows: — Section 6. Any supervision 
\ erson transacting the business of receiving deposits of sione^""'^" 
money, for the purpose of transmitting the same or equiva- 
lents thereof to foreign countries, as described in section 
one shall be subject to the supervision of the commissioner, 
and shall annually, within thirty days after the last business 
day in October, and at such other times as he may specify, 
make to him in such form as he may prescribe a return signed Returns. 
and sworn to by such officers or persons as he may designate, 
showing accurately the condition thereof at the close of 
business on said last business day of October or such other 
day as he may specify. 

Section 4. Section 7 of said chapter 169, as so appearing, g. l. (Xer. 
is hereby amended by striking out, in line 3, the words "and f 7?kmended. 
investments thereof ", — so as to read as follows : — Section 7. Books and 
The books and accounts of every such person shall be kept ^°°°"°**- 
and audited in such manner and form, and the persons 
charged with the custody of the funds shall give a bond in Bond by 
such manner and amount and to such person as the com- depo^fte" °^ 
missioner may prescribe. 

Section 5. Said chapter 169 is hereby further amended EdViJg"^' 
by striking out section 8, as so appearing, and inserting in § s, kmended. 
place thereof the following section : — Section 8. The com- Examination 
missionor may, whenever he deems it necessary or expedient, ^one""'"'^' 
examine or cause to be examined the affairs and transactions 
of any such person, to ascertain his ability to properly trans- 
act said business and whether he has complied with all laws 
apphcable thereto. Approved March I4, 1949. 



48 Acts, 1949. — Chaps. 65, 66. 

Chap. 65 An Act providing for party nominations for elective 

MUNICIPAL officers IN THE CITY OF FITCHBURG. 

Be it enacted, etc., as follows: 

Section 1. So much of section sixteen of chapter forty- 
three of the General Laws as provides that no primary or 
caucus for municipal officers shall be held in cities governed 
under a standard form of city charter provided for in said 
chapter forty-three shall not apply in the city of Fitchburg. 

Section 2. Nominations of candidates for municipal 
elective office in said citj'^ shall be made by nomination papers 
as provided in section six of chapter fifty-three of the Gen- 
eral Laws and by political parties in primaries held in accord- 
ance with sections twenty-three to forty A and fifty-seven to 
sixty-four, all inclusive, of said chapter fifty-three. 

Section 3. The provisions of section fifty-three A of 
said chapter fifty-three relative to filing objections to nomi- 
nations at state primaries and to the withdrawal of names 
from nomination shall apply in the case of nominations at 
city primaries in said city except that such objections or 
withdrawals shall be filed with the city clerk. 

Section 4. The provisions of law relative to the signing 
of nomination papers of candidates for state office, and to 
the identification and certification of names thereon and 
submission to the registrars therefor, shall apply, so far as 
apt, to the signing of petitions under this act and to the 
identification and certification of such names. 

Section 5. This act shall be submitted to the registered 
voters of the city of Fitchburg at the municipal election to 
be held in the current year in the form of the following ques- 
tion, which shall be placed on the official ballot to be used at 
said election: — "Shall an act passed by the general court 
in the current year, entitled 'An Act providing for party 
nominations for elective municipal officers in the city of 
Fitchburg', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, this act shall 
thereupon take full effect, but not otherwise. 

Approved March 14, 1949. 

Chap. 66 An Act extending the time within which the town 

OF HINGHAM may borrow money for school PURPOSES 
AND INCREASING THE AMOUNT W^HICH MAY BE SO BOR- 
ROWED. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 10 of the acts of 1945, 
as amended by section 1 of chapter 14 of the acts of 1946, 
is hereby further amended by striking out, in line 5, the word 
"five" and inserting in place thereof the word: — nine, — 
and by striking out, in line 7, the words "five hundred 
thousand" and instrtuig in place thereof the words: — two 
million, — so as to read as follows : — Section 1 . For the 
purposes of acquiring land for and constructing one or more 



Acts, 1949. — Chaps. 67, 68. 49 

school buildings, or constructing additions to existing school 
builduigs, and of originally equipping and furnishing the 
same, the town of Plingham may borrow from time to time, 
within a period of nine years from the passage of this act, 
such sums as may be necessary, not exceeding, in the aggre- 
gate, two million dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Hingham 
School Building Loan, Act of 1945. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
paid in not more than twenty years from their dates. In- 
debtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be sub- 
ject to chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

Section 2. Action taken under authority of this act 
at the annual or any special meeting of the town of Hingham 
held in the current year shall be as effective in all respects as 
though this act had been m full force and effect on the date 
when the warrant for such meeting was posted. 

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

Approved March 17, 1949. 

An Act relative to the changing of precinct lines phnij gy 

IN WARDS TWO, THREE AND FIVE IN THE CITY OF "* 

FITCHBURG. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to facilitate the provisions 
for voting at the municipal election to be held in the city 
of Fitchburg in the current year, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section two of chapter 
fifty-four of the General Laws, as amended, the precinct 
lines of wards two, three and five in the city of Fitchburg, 
established by vote of the city council on December twenty- 
first, nineteen hundred and forty-eight shall be effective 
as of March first, nineteen hundred and forty-nine. 

Approved March 21, 1949. 

An Act authorizing the town of bernardston to nhn-n fiS 

BORROW MONEY FOR SCHOOL PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and 
originally equipping and furnishing a consolidated school 
building, the town of Bernardston 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 



50 Acts, 1949. — Chaps. 69, 70. 

issue bonds or notes of the town therefor, which shall bear 
on their face the words, "Bernardston School Loan, Act 
of 1949". Each authorized issue shall constitute a sep- 
arate 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 herein provided, be subject to chapter 
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 March 21, 1949. 



Chap. 69 An Act authokizing the town of barre 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 Barre may borrow, from time to time, 
within a period of five years from the passage of this act, 
such sums of money as ma,y be necessary, not exceeding, in 
the aggregate, two hundred and thirty thousand dollars, and 
may issue bonds or notes therefor which shall bear on their 
face the words, Barre School Loan, Act of 1949. Each au- 
thorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in ex- 
cess of the statutory 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 81, 1949. 

Chap. 70 An Act relative to appropriations for school pur- 
poses IN the city of LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 178 of the acts of 1909 
is hereby amended by striking out the paragraph inserted 
by section 1 of chapter 154 of the acts of 1937, as most 
recently amended by section 1 of chapter 230 of the acts 
of 1947, and inserting in place thereof the following 
paragraph: — 

Notwithstanding the foregoing provisions of this sec- 
tion, if in the opinion of the school committee amounts 
in excess of the aggregate amount which would be avail- 
able under such provisions are necessary for the above 
named purposes for any financial year, the school com- 
mittee, by vote of a majority of all its members taken 
by yeas and nays, subject to the approval of the mayor, 
may increase appropriations for said purposes for such 



Acts, 1949. — Chaps. 71, 72. 51 

financial year, but the total amount available for said 
purposes from all sources, including taxation, balances 
of appropriations and miscellaneous receipts and amounts 
to be received from other state aid for school purposes shall 
not exceed the sum of three million dollars. 

Section 2. Appropriations for the city of Lynn for the 
current year may be made under section one of said chapter 
one hundred and seventy-eight, as most recently amended 
by section one of this act and as affected by section thirty 
of chapter forty-four of the General Laws at any time before 
the fixing of the tax rate for said city for the current year, 
notwithstanding any provision therein contained. 

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

Approved March 21, 1949. 



An Act to authorize the town of falmouth to bor- 
row MONEY FOR THE PURPOSE OF CONSTRUCTING A 
JUNIOR-SENIOR HIGH SCHOOL BUILDING AND FOR THE 
EQUIPPING AND FURNISHING OF SAID BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and 
originally equipping and furnishing a junior-senior high 
school building, the town of Falmouth 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 three hundred thousand dollars, and may 
issue bonds or notes of the town therefor, which shall bear 
on their face the words, Falmouth School Building Loan, 
Act of 1949. Each authorized issue shall constitute a sep- 
arate 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 the pro- 
visions of chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of sec- 
tion seven thereof. 

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

Approved March 21, 1949. 

An Act authorizing the town of Manchester to 

BORROW money FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing a school 
building, and of originally equipping and furnishing the 
same, the town of Manchester 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, Manchester School Building Loan, Act 



Chap. 71 



Chap. 72 



52 Acts, 1949. — Chaps. 73, 74. 

of 1949. Each authorized issue shall constitute a separate 
loan, and such loan shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except 
as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved March 21, 1949. 



Chap. 73 An Act authorizing the transfer of certain land on 

UNION STREET IN THE BRIGHTON DISTRICT OF THE CITY OF 
BOSTON FROM THE SCHOOL DEPARTMENT TO THE PARK 
DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Boston 
is hereby authorized to transfer to the board of park com- 
missioners of said city control and charge of any part or 
parts or the whole of the land on the southerly side of Union 
street in the Brighton district of said city, held by said city 
for school purposes. Said transfer shall take effect upon 
acceptance thereof by vote of said board of park commis- 
sioners. Thereafter so much of said land as is transferred 
hereunder shall be under the control and charge of said 
board of park commissioners and shall be developed and 
maintained as a public playground in accordance with the 
provisions of chapter forty-five of the General Laws. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved March 21, 1949. 



Chap. 74 An Act to authorize the town of west brookfield to 

BORROW MONEY FOR THE CONSTRUCTION OF SCHOOL 
BUILDINGS. 

Be it enacted, etc., as follows: 

For the purpose of acquiring land and constructing and 
originally equipping and furnishing an elementary school 
building and a high school building, the town of West Brook- 
field may borrow, from time to time, over 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 
twenty-two thousand dollars, and may issue bonds or notes 
therefor which shall bear on their face the words. West 
Brookfield School Building Loan, Act of 1949. Each au- 
thorized issue shall constitute a separate loan and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in 
excess of the statutory limit but shall, except as herein 



Acts, 1949. — Chaps. 75, 76, 77. 53 

provided, be subject to chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first 
paragraph of section seven thereof. 

Approved March 21, 1949. 

An Act relative to the observance each year of united nhn^^ 75 

NATIONS DAY. ' " 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by g. i-. (Tcr. 
inserting after section 12M, inserted by chapter 561 of the ftisN^'adXd. 
acts of 1947, the following section: — Section 12N. The observance 
governor shall annually issue a proclamation calling for a NaUoli*rDay. 
proper observance of October twenty-fourth as United 
Nations Day, in commemoration of the taking effect of 
the United Nations' Charter on October twenty-fourth, 
nineteen hundred and forty-five. 

Approved March 21, 1949. 



An Act relative to the interest of a husband or wife (Jfidj) 75 
in the property of the other spouse after divorce. 

Be it enacted, etc., as follows: 

Section 1. Section 26 of chapter 208 of the General EdV'208''s26 
Laws, as appearing in the Tercentenary Edition, is hereby repealed.' 
repealed. 

Section 2. Said chapter 208 is hereby further amended Ed)" 2^8*^1 27 
by striking out section 27, as so appearing, and inserting amended.' 
in place thereof the following section: — Section 27. After no curtesy 
a divorce, a husband or wife shall not be entitled to curtesy divo°ce"* 
or dower in the land of the other spouse. 

Approved March 21, 1949. 



Chap. 77 



An Act relative to the response of fire departments 
to calls for aid from municipalities in states ad- 
joining THIS commonwealth. 

Be it enacted, etc., as follows: 

Section 59A of chapter 48 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by fmendfd'^^^' 
inserting after the word "district", in lines 4 and 5, the 
words: — in this commonwealth or in any adjoining state, 
— and by inserting after the word "district", in line 13, 
the words : — in this commonwealth, — so as to read as 
follows : — Section 59 A . Cities, towns and fire districts Response of 
may, by ordinance or by-law, or by vote of the board of ^'Inte't^c^iiB 
aldermen, selectmen or of the prudential committee or board for aid from 
exercising similar powers, authorize their respective fire etc.^*^ '''*'^*' 
departments to go to aid another city, town or fire district 
in this commonwealth or in any adjoining state in extin- 
guishing fires therein, and while in the performance of their 



54 Acts, 1949. — Chaps. 78, 79. 

duties in extending such aid the members of such depart- 
ments shall have the same immunities and privileges as if 
performing the same within their respective cities, towns or 
districts. Any such ordinance, by-law or vote may authorize 
the head of the fire department to extend such aid, subject 
to such conditions and restrictions as may be prescribed 
therein. The words "fire departments" as used in this 
section shall mean lawfully organized fire fighting forces, 
however constituted. 

Any city, town or district in this commonwealth aided 
under and in accordance with this section may compensate 
any city, town or district rendering aid as aforesaid for the 
whole or any part of any damage to its property sustained 
in the course of rendering the same and may reimburse it 
in whole or in part for any payments lawfully made to any 
member of its fire department or to his widow or other 
dependents on account of injuries or death suffered by him 
in the course of rendering aid as aforesaid or of death result- 
ing from such injuries. Approved March 22y 1949. 



Chap. 78 An Act authorizing the town of braintree to bor- 
row MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing and originally 
equipping and furnishing a school building, the town of 
Braintree 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, three hundred 
thousand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, "Braintree 
School Loan, Act of 1949", 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 herein provided, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

Section 2. Action taken under this act at the annual 
town meeting held in the current year shall be as effective 
as though this act had been in full force and effect at the 
time the warrant for said meeting was posted. 

Approved March 28, 1949. 



Chap. 79 An Act further extending the opportunity to cities 

AND TOWNS to BORROW UNDER THE ACT CREATING THE 

emergency finance board. 

preambled Whevcas, The provisions of law sought to be extended by 

this act would, but for this act, shortly cease to be effective, 
but the circumstances and conditions which made advisable 



Acts, 1949. — Chap. 79. 55 

their enactment still continue and it is accordingly desirable 
that said provisions continue in effect without interruption; 
therefore this act is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 49 of the acts of 1933 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 206 of the acts of 1947, and inserting 
in place thereof the following section: — Section 2. The 
treasurer of any city or town, if authorized by a two thirds 
vote, as defined by section one of chapter forty-four of the 
General Laws, and with the approval of the mayor or the 
selectmen, may, on behalf of such city or town, petition the 
board to approve of its borrowing money from the common- 
wealth for ordinary maintenance expenses and revenue loans, 
and the board may, if in its judgment the financial affairs 
of such city or town warrant, grant its approval to the bor- 
rowing as aforesaid of specified sums not at any time exceed- 
ing, in the aggregate, the total amount represented by tax 
titles taken or purchased by such city or town and held by 
it; provided, that such borrowing is made at any time or 
times prior to July first, nineteen hundred and fifty-one. In 
case of such approval, the treasurer of such city or town shall, 
without further vote, issue notes, with interest at such rate 
as may be fixed by the treasurer with the approval of the 
board, in the amount approved by the board, for purposes 
of sale to the commonwealth only, and said notes, upon their 
tender to the state treasurer, shall forthwith be purchased 
by the commonwealth at the face value thereof. Such notes 
shall be payable in not more than one year, and may be re- 
newed from time to time, if authorized by the board, but 
no renewal note shall be for a period of more than one year, 
and the maturity of any loan or renewal shall not be later 
than July first, nineteen hundred and fifty-two. Such notes 
shall be general obhgations of the city or town issuing the 
same, notwithstanding the foregoing provisions. Indebted- 
ness incurred by a city or town under authority of this act 
shall be outside its limit of indebtedness as fixed by chapter 
forty-four of the General Laws. The excess, if any, of the 
amount of interest paj'^ments received by the commonwealth 
on account of notes issued by cities and towns hereunder 
over the cost to the commonwealth for interest on money 
borrowed under section five, expenses of the board, including 
compensation paid to its appointive members, and expenses 
of administration of the funds provided by sections thi-ee 
and five shall be distributed to such cities and towns in 
November, nineteen hundred and fifty-three, or earher at 
the discretion of the board, in the proportion which the 
aggregate amounts payable by them on account of interest 
on such notes bear to the total amounts so payable by all 
cities and towns hereunder. 



56 Acts, 1949. — Chaps. 80, 81. 

Section 2. Said chapter 49 is hereby further amended 
by striking out section 5, as most recently amended by sec- 
tion 2 of said chapter 206, and inserting in place thereof the 
following section: — Section 5. The state treasurer, with 
the approval of the governor and council, may borrow from 
time to time, on the credit of the commonwealth, such sums 
as may be necessary to provide funds for loans to municipali- 
ties as aforesaid, and may issue and renew notes of the com- 
monwealth therefor, bearing interest payable at such times 
and at such rate as shall be fixed by the state treasurer, with 
the approval of the governor and council ; provided, that the 
total indebtedness of the commonwealth under this section, 
outstanding at any one time, shall not exceed ten million 
dollars. Such notes shall be issued for such maximum term 
of years as the governor may recommend to the general 
court in accordance with section 3 of Article LXII of the 
amendments to the constitution of the commonwealth, but 
such notes, whether original or renewal, shall be payable 
not later than June thirtieth, nineteen hundred and fifty- 
four. All notes issued under this section shall be signed by 
the state treasurer, approved by the governor and counter- 
signed by the comptroller. Approved March 28, 1949. 

Chap. 80 An Act providing a penalty for violations of the 

LAW regulating THE MAKING OF CERTAIN EXCAVATIONS 
in the CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 204 of the acts of 1945 
is hereby amended by inserting at the end the following 
paragraph : — 

Whoever violates any provision of this act or any of the 
conditions of a permit issued thereunder, or whoever makes or 
permits to be made, or suffers to exist, an excavation in viola- 
tion of any provision of this act or of said conditions, shall 
be punished by a fine of not more than five hundred dollars. 
Each day during any portion of which such violation is al- 
lowed to continue shall be considered a separate offence. 

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

Approved March 28, 1949. 

Chap. 81 An Act authorizing the town of Plymouth to appro- 
priate money to provide facilities for holding in 

SAID TOWN during THE YEAR NINETEEN HUNDRED AND 
FIFTY THE STATE CONVENTION OF THE UNITED SPANISH 
WAR VETERANS. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth may appropriate a 
sum, not exceeding twenty-five hundred dollars, for the 
purpose of providing proper facilities for public entertain- 
ment at the time of the state convention of the United 
Spanish War Veterans, to be held in said town during the 
year nineteen hundred and fifty, and of paying expenses 



Acts, 1949. — Chap. 82. 57 

incidental to such entertainment. Money so appropriated 
shall be expended under the direction of the selectmen of 
said town. 

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

Approved March 28, 1949. 

An Act relative to sewer assessments in the town Chap. 82 

OF ayer. '^ 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 397 of the acts of 1948 
is hereby amended by striking out, in line 1, the words 
"six months" and inserting in place thereof the words: — 
one year, — so as to read as follows : — Sectiori 1 . Within 
one year 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 chap- 
ter two hundred and fifty-five of the acts of nineteen hun- 
dred and forty-one the remaining portion of the cost of the 
system or systems of main drains and common sewers au- 
thorized to be constructed or constructed in accordance 
with the provisions of said chapter two hundred and fifty- 
five, as amended by chapter two hundred of the acts of 
nineteen hundred and forty-five, shall be provided 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 advantage 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 hun- 
dred 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 construc- 
tion, 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 
expenses incurred by the town for the improvements afore- 
said; 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 deter- 
mined to be specially benefited as aforesaid has been alien- 
ated 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, except one assumed by the town as aforesaid, shall 
constitute a lien on such parcel from the date of recording 
of the statement 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 March 28, 1949. 



58 Acts, 1949. — Chaps. 83, 84. 



Chap. 83 An Act extending the time within which the town 

OF LEVERETT MAY BORROW MONEY FOR SCHOOL PUR- 
POSES AND INCREASING THE AMOUNT WHICH MAY BE 
SO BORROWED. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 152 of the acts of 1947 
is hereby amended by striking out, in line 4, the word 
''five" and inserting in place thereof the word: — seven, — 
and by striliing out, in line 6, the word "sixteen" and in- 
serting in place thereof the words : — one hundred and 
thirty, — so as to read as follows : — Section 1 . For the 
purposes of constructing a consolidated school building 
and originally equipping and furnishing the same, the 
town of Leverett may borrow from time to time, within 
a period of seven 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, Leverett Consolidated School Loan Act of 1947. 
Each authorized issue shall constitute a separate loan, 
and such loans shall be paid in not more than twenty years 
from their dates. Indebtedness incurred under this act 
shall be in excess of the statutory limit, but shall, except 
as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved March 28, 1949. 

Chap. 84 An Act relative to the board of license commissioners 

IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 83 of the Special Acts of 
1919, as amended by chapter 95 of the acts of 1922, is hereby 
further amended by striking out the second paragraph 
and inserting in place thereof the following paragraph: — 

The authority now or hereafter vested by law in cities 
or towns, or in the city of Cambridge or any official thereof, 
to grant, issue, record, suspend or revoke any of the licenses 
hereinafter mentioned, shall upon its organization be ex- 
ercised in said city by said board exclusively, except that 
nothing herein contained shall affect the authority of the 
state fire marshal in respect to the performance of his duties. 
The appointive member of the board shall be chairman 
thereof and shall receive such compensation as the city 
- council shall determine. 

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

Approved March 28, 19^9. 



Acts, 1949. — Chap. 85. 59 

An Act relating to the system of sewerage in the (JJiav. 85 

TOWN OF ROCKLAND AND INCREASING THE AMOUNT THAT 
SAID TOWN MAY BORROW FOR THE PURPOSE OF CON- 
STRUCTING A SYSTEM OF SEWERAGE AND SEWAGE 
DISPOSAL. 

Be it enacted, etc., as follow s: 

Section 1. Chapter 338 of the acts of 1913 is hereby 
amended by strikmg out section 6 and inserting in place 
thereof the following: — Section 6. The town of Rockland 
shall by vote determine what proportion of the cost of snid 
system or systems of sewerage and sewage disposal the town 
shall pay: provided, that it shall pay not less than one third 
nor more than two thirds of the whole cost. In providing 
for the payment of the remaining portion of the cost and for 
the maintenance and repair of said system or systems the 
town may avail itself of any or all of the methods permitted 
by general laws, and at the same meeting at which it deter- 
mines the proportion of the cost which is to be borne by the 
town, it may by its vote determine bj'' which of the methods 
permitted by general laws the remaining portion of said cost 
shall be provided for. In case it determines that such re- 
maining portion of said cost is to be provided for, wholly 
or in part, by assessments upon the owners of estates situ- 
ated within the territory embraced by said system or systems 
and benefited thereby, then the owners of such estates shall 
be assessed by said board of sewer commissioners their pro- 
portional parts, respectively, of such portion of said cost as 
said town shall have determined is to be provided for by 
assessment, but no estate shall be deemed to be benefited 
until a sewer is constructed into which it can be drained. For 
the purpose of fixing the amounts of such assessments the 
said board shall determine the value of the special benefit to 
each of said estates, respectively, from the said system or 
systems of sewers, taking into account all the circumstances 
of the case; and the proportionate part to be paid by the 
owners of said estates, respectively, shall be based upon the 
amount of the special benefit to each estate, determined as 
aforesaid; and every such owner shall, within three months 
after written notice of such assessment, served on him or on 
the occupant of his estate, or sent by mail to the last address 
of such owner known to the board of sewer commissioners, 
pay the sum so assessed to the collector of taxes of said town : 
provided, that said board shall, on the written request of 
any such owner made within the said three months, appor- 
tion such assessment into ten equal parts or assessments; 
and the board shall certify such apportionment to the as- 
sessors of the town, and one of said parts or instalments, 
with interest from the date of the apportionment at four 
per cent per annum, shall be added by the assessors to the 
annual tax on such estate for each year next ensuing, until 
all the said parts have so been added, unless sooner paid as 
hereinafter provided; and provided, further, that nothing 



60 Acts, 1949. — Chap. 86. 

herein contained shall be construed to prevent the payment 
at any time in one payment, notwithstanding its prior ap- 
portionment, of any bahince of said assessments then re- 
maining unpaid, but interest on such balance at the rate of 
four per cent per annimi shall be paid to the date of such 
payment, and thereupon the collector of taxes of said town 
shall receive the same and shall certify such pajonent or 
pajmients to the assessors, who shall preserve a record thereof. 
In case of corner lots abutting on more than one sewered 
street the same area shall not be assessed more than once. 

Section 2. Said chapter 338 is hereby further amended 
by striking out section 9 and inserting in place thereof the 
following section: — Section 9. The town of Rockland, for 
the purpose of paying the necessary expenses and liabilities 
incurred under this act, may incur indebtedness to an amount 
not exceeding five hundred thousand dollars, and may issue 
from time to time therefor bonds or notes; and the debt and 
loan authorized by this act and the bonds or notes issued 
therefor shall not be reckoned in determining the statutory 
limit of indebtedness of the town. Such bonds or notes shall 
bear on their face the words, Rockland Sewerage Loan, Acts 
of 1913 and 1949, shall be payable within periods not ex- 
ceeding thirty years from the respective dates of issue, shall 
bear interest, payable semi-annually, at a rate not exceed- 
ing four per cent per annum, and shall be signed by the 
treasurer of the town and countersigned by a majority of the 
selectmen. The town may from time to time sell such se- 
curities, or any part thereof, at public or private sale, but 
they shall not be sold for less than their par value. The pro- 
ceeds shall be retained in the treasury, and the treasurer 
shall, upon the order of the board of sewer commissioners, 
pay therefrom the expenses incurred for the purposes afore- 
said. 

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

Approved March 28, 1949. 

Chap. 86 -^^ ^^'^ AUTHORIZING THE SUBMISSION TO THE VOTERS OF 
THE TOWN OF ROCKPORT AT A SPECIAL ELECTION OF A CER- 
TAIN QUESTION PERTAINING TO HIGH SCHOOL EDUCATION. 

Be it enacted, etc., as follows: 

Section 1. At a special election in the town of Rockport, 
which the selectmen thereof are hereby authorized and di- 
rected to call, there shall be submitted to the voters thereof, 
in connection with articles one and two of the warrant for 
the special town meeting of March seventh in the current 
year, the following question which shall be printed upon the 
official ballot to be used at said election: — "Shall the 
town request the school committee to send the high school 
students of the town to the Gloucester High School for their 
high school education?" Said election shall be conducted 
in the manner provided by general law for the conduct of 
annual meetings for the election of town officers, in so far 



Acts, 1949. — Chaps. 87, 88. 61 

as applicable to said town. If a majority of the voters of 
said town present and voting at said special election vote in 
the affirmative upon said question, it shall be deemed and 
taken to be the vote of the town whereby its school com- 
mittee is requested to send the high school students of the 
town to the Gloucester High School for their high school 
education. 

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

Approved March 28, 1949. 



An Act relative to further stay of judgment and QJku) ey 

EXECUTION IN ACTIONS OF SUMMARY PROCESS. 

Whereas, The deferred operation of this act would tend pr^f^biT^ 
in part to defeat its purpose, which is to provide the courts 
with further discretionary authority to prevent serious 
hardships in eviction cases arising out of the present severe 
housing shortage, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public health and convenience. 

Re it enacted, etc., as follows: 

Section 2 of chapter 43 of the acts of 1946, as most recently 
amended by section 2 of chapter 2 of the acts of 1948, is 
hereby further amended by striking out, in line 3, the word 
"forty-nine" and inserting in place thereof the word: — 
fifty, — so as to read as follows : — Section 2. This act 
shall become inoperative on March thirty-first, nineteen 
hundred and fifty. Approved March 28, 1949. 



An Act relative to the method of assessing the amount Qhn^ oc 

WHICH THE COMMONWEALTH IS CALLED UPON TO PAY THE ^' 

METROPOLITAN TRANSIT AUTHORITY ON ACCOUNT OF A 
DEFICIENCY AS OF THE LAST DAY OF DECEMBER, NINETEEN 
HUNDRED AND FORTY-EIGHT. 

Be it enacted, etc., as follows: 

Section 1. Section 13 of chapter 544 of the acts of 1947, 
as amended by chapter 344 of the acts of 1948, is hereby 
further amended by adding at the end of the sixth paragraph, 
as so amended, the following : — ; and provided further, 
that any amount which the commonwealth is called upon to 
pay the authority on account of a deficiency as of the last 
day of December, nineteen hundred and forty-eight, 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 
proportion to the amounts paid under the last preceding 
assessment under section fourteen of chapter one hundred 
and fifty-nine of the Special Acts of nineteen hundred and 
eighteen, — so that said paragraph will read as follows: — 



62 Acts, 1949. — Chap. 89. 

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 authoritj'' 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 
payment, 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 dollars on 
account of a deficiency as of the last day of December, nine- 
teen 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 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 
eighteen; and provided further, that any amount which the 
commonwealth is called upon to pay the authority on account 
of a deficiency as of the last day of Decem.ber, nineteen 
hundred and forty-eight, 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 proportion to the amounts 
paid under the last preceding assessment 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 March 28, 1949. 



Chap. 89 ^^ ^'^^ AUTHORIZING THE CITY OF WALTHAM TO BORROW 
MONEY FOR THE PURPOSE OF CONSTRUCTING SEWERS, PUBLIC 
BUILDINGS AND BRIDGES. 

Be it enacted, etc., as follows: 

Section L For the purposes authorized by clauses (1), 
(3) and (4) of section seven of chapter forty-four of the 
General Laws, the city of Waltham 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 million two hundred and fifty thousand dol- 
lars, and may issue bonds or notes therefor which shall bear 
on their face the words, "Waltham Capital Improvements 
Loan, Act of 1949." 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 



Acts, 1949. — Chap. 90. 63 

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 limita- 
tion contained in the first paragraph of section seven thereof, 
which shall be applicable to each of the clauses (1), (3) and 
(4) separately. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1949. 



An Act authorizing cities and towns to borrow on Qji^'n 90 

ACCOUNT OF PUBLIC WELFARE AND VETERANS' BENEFITS. ^' 

Whereas, The deferred operation of this act would tend ^^f^j""^ 
to defeat its purpose, which in part is to make immediately 
operative, in view of the existing financial emergency in cer- 
tain cities and towns, the provisions of this act authorizing 
cities and towns to borrow certain sums during the current 
year and the next succeeding year on account of expenses for 
public welfare and for aid to veterans, therefore this act is 
hereby declared to be an emergency law, necessary for the 
preservation of the public convenience. 

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 mayor or selectmen and of the emergency 
finance board established under section one of chapter forty- 
nine of the acts of nineteen hundred and thirty-three, may 
borrow in each of the years nineteen hundred and forty-nine 
and nineteen hundred and fifty, inside its limit of indebted- 
ness as prescribed by section ten of said chapter forty-four, 
for use only for meeting appropriations made or to be made 
for public welfare, including in such term old age assistance 
and aid to dependent children, and for veterans' benefits to 
an amount not more than one half of one per cent of the 
average of the assessors' valuation of its taxable property for 
the three preceding years, such valuation to be reduced and 
otherwise determined as provided in said section ten of said 
chapter forty-four, and may issue bonds or notes therefor, 
which shall bear on their face the words (name of city or 
town) Municipal Relief Loan, Act of 1949. Each authorized 
issue shall constitute a separate loan, and such loans shall be 
paid in not more than five years from their dates, as said 
board shall fix, and, except as herein provided, shall be sub- 
ject to said chapter forty-four, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 

Loans may be issued hereunder in the year nineteen hun- 
dred and forty-nine or nineteen hundred and fifty, as the 
case may be, only by a city or town which in such year has 
appropriated to be raised by taxation, or appropriated from 
available funds for the purposes enumerated in the preced- 
ing paragraph, an amount not less than the aggregate of its 



M Acts, 1949. — Chap. 90. 

expenditures made in the year preceding the year of issue for 
old age assistance and aid to dependent children to be met 
otherwise than from the proceeds of federal grants, and of 
its expenditures made in said preceding year for veterans' 
benefits, together with an amount equal to not less than 
seventy-five per cent of its expenditures made in said pre- 
ceding year for all public welfare purposes other than old age 
assistance, aid to dependent children and veterans' benefits, 
all as determined by the board. 

If a loan under authority of this act has been approved by 
said board during the year nineteen hundred and forty-nine 
or nineteen hundred and fifty for a city or town, the amount 
of any appropriation voted by such city or town for said year 
for public welfare, including in such term old age assistance, 
aid to dependent children and veterans' benefits, shall not 
be reduced during the said year by appropriation, transfer or 
otherwise, except with the written approval of the board. 
Whenever used in this act, the words "veterans' benefits" 
shall include the forms of aid to veterans now or formerly 
known as state aid, military aid, soldiers' relief, and soldiers' 
burials, or any words or phrases connoting the same. 

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. A loan order voted in any city under au- 
thority of this act shall be deemed to be an emergency 
order and as such may be passed in such manner as is pro- 
vided for emergency orders or ordinances in its charter, and 
shall be in full force and effect immediately upon final 
favorable action thereon by its city council or chief execu- 
tive, as the case may be, or upon the expiration of any period 
specified by such charter for the approval or disapproval of 
such orders by its chief executive in any case where he fails 
to approve or disapprove such an order within such period, 
notwithstanding any provision of general or special law or 
ordinance to the contrary; provided, that in the city of 
Boston such loan orders may be passed in the manner pro- 
vided in its charter for loan orders for temporary loans in 
anticipation of taxes. 

Section 4. In any city a loan order under authority of 
this act may be passed by vote of two thirds of all the mem- 
bers of the city council, or of each branch thereof where 
there are two branches, notwithstanding any provision of 
law to the contrary. Approved March 28, 1949. 



Acts,, 1949. —Chaps. 91, 92, 93. 65 



An Act authorizing the town of Norwood to reim- Qfifu) ^\ 

BURSE EDWARD o'tOOLE FOR MONEY EXPENDED IN CON- ^' 

NECTION with THE CONSTRUCTION OF WATER WORKS IN 
SAID TOWN. 

Be it enacted f etc., as follows: 

Section 1. The town of Norwood is hereby authorized 
to appropriate the sum of seven hundred and thirty-nine 
dollars and sixty-one cents and pay the same to Edward 
'Toole in full settlement of his claim against said town for 
reimbursement on account of money expended by said 
Edward O'Toole in connection with the construction of 
water works in Margaret street, a private way in said town 
which has since been accepted as a public way; provided, 
that no payment shall be made hereunder unless and until 
said Edward O'Toole shall have released to said town by 
proper instrument or instruments all right, title and interest 
said Edward O'Toole may have in said works. 

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

Approved March 28, 1949. 



An Act authorizing the town of Norwood to reimburse Q^kuj 92 
aina s. svibergson for money expended in connec- 
tion with the constrt'ction of water works in said 

TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Norwood is hereby authorized 
to appropriate the sum of one thousand two hundred and 
sixty-eight dollars, and pay the same to Aina S. Svibergson 
in full settlement of her claim against said town for reim- 
bursement on account of money expended by said Aina S. 
Svibergson in connection with the construction of water 
works in Cambridge road, a private way in said town which 
has since been accepted as a public way; provided, that no 
payment shall be made hereunder unless and until said 
Aina S. Svibergson shall have released to said town by 
proper instrument or instruments all right, title and interest 
said Aina S. Svibergson may have in said works. 

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

Approved March 28, 1949. 



An Act increasing the amount which the town of nhnj) 93 
hingham is authorized to appropriate and contribute ^' 

annually toward the cost of maintaining a free 
public library in the town of cohasset. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 287 of the acts of 1927 
is hereby amended by striking out, in line 2, the word "five" 
and inserting in place thereof the word : — eight, — so as to 



66 



Acts, 1949. —Chap. 94. 



read as follows : — Section 1 . The town of Hingham may 
annually appropriate a sum of money not exceeding eight 
hundred dollars and pay the same to the managers of The 
Nantasket Library, Inc., which maintains a free public 
library in the town of Cohasset, as a contribution by said 
town of Hingham toward the cost of maintainmg said library. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1949. 



Chap. 94 -^^ ^^'^ RELATIVE TO REGISTRATION OF MOTOR VEHICLES 
AND TRAILERS UNDER A GENERAL DISTINGUISHING NUMBER 
OR MARK. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 90, § 6. 
etc., amended. 



Regiatration 
of motor 
rehieles, etc., 
under general 
distinguishing 
mark or 
number. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which in part is to make its provisions 
apply without delay to the registration of certain motor 
vehicles and trailers under a general distinguishing number 
or mark, 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 
striking out section 5, as most recently amended by section 
6 of chapter 511 of the acts of 1948, and inserting in place 
thereof the following section : — Section 5. Every manu- 
facturer, dealer, repairman, owner-repairman and trans- 
porter, instead of registering each motor vehicle or trailer 
owned or controlled by him, may make application for a 
general distinguishing number or mark, and the registrar, 
if satisfied of the facts stated in the application, may issue 
to the applicant a certificate of registration containing the 
name and business address of the applicant and the general 
distinguishing number or mark assigned to him, and made 
in such form and containing such further information as the 
registrar may determine. All motor vehicles or trailers 
owned or controlled by such manufacturer, dealer or repair- 
man shall be regarded as registered under the general dis- 
tinguishing number or mark assigned to him until sold, or 
let for hire, or loaned for a period of more than five suc- 
cessive days, and all motor vehicles or trailers owned by 
such ov^mer-repairman which are in the process of being 
repaired, altered, equipped or transferred from one location 
to another and which are not being used during such time 
in the operation of the principal business of said owner- 
repairman shall be regarded as registered under the general 
distinguishing number or mark assigned to him., and all 
motor vehicles which are under the control of but not owned 
by such transporter while being delivered by him under 
their own power shall be regarded as registered under the 
general distinguishing number or mark assigTied to him; 
provided, that number plates, furnished as hereinafter 
provided, are properly displayed thereon. The registrar 



Acts, 1949. — Chaps. 95, 96. 67 

shall, upon payment of the fee provided in section thirty- 
three, furnish at his office to every manufacturer, dealer, 
repairman, owner-repairman and transporter whose vehicles 
are registered in accordance with this section, such number 
of pairs of number plates as he may request in writing of 
suitable design having displayed upon them the register 
number which is assigned to the vehicles of such manu- 
facturer, dealer, repairman, owner-repairman or transporter, 
with a different letter or letters or mark on each pair of 
number plates, and, in addition, the registrar shall furnish 
to every transporter with each pair of number plates a 
corresponding certificate of registration. Number plates 
furnished hereunder shall, except as provided by section 
nine, be valid only for the year for which they are issued. 
Every registration under this section shall expire at mid- 
night on December thirty-first of each year. The word 
"dealer", for the purposes of the registration of motor 
vehicles or trailers under any provision of this chapter, may 
include, in the discretion of the registrar, a person who is 
engaged in the business of financing the purchase of or 
insuring motor vehicles, but only in respect to such vehicles 
as such person may take in possession by foreclosure or 
subrogation of title and all the provisions of this chapter 
relating to certificates of registration of dealers shall apply 
to certificates issued to such a person under this provision. 

Approved March 28, 1949. 

An Act increasing the amount which the town of nhnr) 9'S 

HULL is authorized TO APPROPRIATE AND CONTRIBUTE ^' 

annually toward THE COST OF MAINTAINING A FREE 
PUBLIC LIBRARY IN THE TOWN OF COHASSET. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 6 of the acts of 1928 is 
hereby amended by striking out, in line 2, the word "five" 
and inserting in place thereof the word : — eight, — so 
as to read as follows : — Section 1 . The town of Hull may 
annually appropriate a sum of money not exceeding eight 
hundred dollars and pay the same to the managers of The 
Nantasket Library, Inc., which maintains a free public 
library in the town of Cohasset, as a contribution by said 
town of Hull toward the cost of maintaining said library. 

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

Approved March 28, 1949. 



An Act authorizing the town of Bedford to borrow nfin'n Qg 

MONEY for school PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a school 
building, or constructing an addition to an existing school 
building, and of originally equipping and furnishing the 
same, the town of Bedford may borrow from time to time, 



68 Acts, 1949. — Chaps. 97, 98, 99. 

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, 
Bedford School Building Loan, Act of 1949. 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, ex- 
clusive of the limitation contained in the first paragraph 
of section seven thereof. 

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

Approved March 28, 1949. 



Chap. 97 An Act revoking the authority of the department 

OF PUBLIC UTILITIES TO REVISE THE TERMS OF CERTIFI- 
CATES GRANTED FOR THE OPERATION OF MOTOR VEHICLES 
FOR THE CARRIAGE OF PERSONS FOR HIRE OVER ROUTES 
BETWEEN THE CITY OF BOSTON AND THE TOWN OF HANCOCK. 

Be it enacted, etc., as follows: 

Section 1 of chapter 490 of the acts of 1946 is hereby 
amended by striking out, in lines 52 and 53, the words: — 
except after public hearing and notice as provided in section 
two. Approved March 28, 1949. 

Chap. 98 An Act to authorize cities and towns to prohibit 

OR REGULATE THE REMOVAL OF SOIL, LOAM, SAND OR 
GRAVEL. 

Be it enacted, etc., as folloivs: 

Edo,' 40.^1 21, Section 21 of chapter 40 of the General Laws, as amended 
etcamenderi'. by sectiou 1 of chapter 346 of the acts of 1941, is hereby 
further amended by adding at the end the following para- 
graph : — 
ioam?Ia!id[ (1^) For prohibiting or regulating the removal of soil, 

?*h",'^r' loam, sand or gravel from land not in public use in the whole 

or in specified districts of the town. 

Approved March 28, 1949. 

Chap. 99 An Act requiring the teaching of the Lithuanian 

LANGUAGE IN PUBLIC SCHOOLS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Ed)'"??"' Chapter 71 of the General Laws is hereby amended by 

aew '§ 13E. inserting after section 13D, inserted by chapter 205 of the 
"t^^v' K 1 acts of 1948, the following section: — Section 13E. In every 

Public schools iTi-ii 11 . 1 ,1 L 11 1 

may teach public high school haviug uot Icss than one nunclrea and 

languagr^ fifty pupils, the Lithuanian language shall be taught upon 

certain cases, ^hc Written rcquGst of the parents or guardians of not less 

than twenty-five pupils and the enrolment of not less than 



Acts, 1949. —Chaps. 100, 101, 102. 69 

twenty-five properly qualified pupils; provided, that said 
request is made, and said enrolment is completed, before the 
preceding August first. Approved March 28, 1949. 

An Act authorizing the town of stoughton to in- pi ^^./^ 

DEMNIFY ROY W. MALCOLM, AN EMPLOYEE OP SAID TOWN, ^""P-AUU 
FOR DAMAGES INCURRED BY REASON OF AN EXECUTION 
ISSUED IN AN ACTION AT LAW BROUGHT AGAINST HIM. 

Be it enacted, etc., as folloios: 

Section 1. For the purpose of discharging a moral 
obligation, the town of Stoughton is hereby authorized to 
appropriate and pay to Roy W. Malcolm the sum of two 
thousand and fifty-six dollars and thirty-eight cents to in- 
demnify him for damages incurred by reason of an execution 
issued in an action at law brought against him, as an indi- 
Andual, in the superior court for the county of Norfolk, to 
recover damages arising out of the performance of his duties 
in operating a motor truck owned by said town. 

Section 2. Action taken under authority of this act 
at the annual town meeting in the current year shall be valid 
and effective as though this act had been in full force and 
effect at the time at which the warrant for said meeting was 
posted. Approved March 28, 1949. 

An Act providing a forty hour w^ork week for fore- nij^^ iai 

MEN EMPLOYED BY THE CITY OF LAWRENCE. f*. U 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law, the service of all persons employed bj'- 
the city of Lawrence as foremen shall be restricted to forty 
hours in any one week; provided, that the service of such 
foremen in excess of forty hours in any one week may be 
authorized by the officer of the city or other person whose 
duty it is to employ, direct or control such foremen, and 
such additional service shall be compensated for as over- 
time. The compensation now payable to such foremen 
shall not be reduced by reason of the provisions of this act. 

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

Approved March 28, 1949. 

An Act increasing the amount of money which may phn^ ino 
be borrowed by the manchaug water district of ^' 

sutton and the time during which the act estab- 
lishing such district may be accepted. 

Be it enacted, etc., as folloios: 

Section L Section 4 of chapter 179 of the acts of 1937 
is hereby amended by striking out, in line 5, the word 
"seventy-five" and inserting in place thereof the words: — 



70 Acts, 1949. — Chap. 103. 

one hundred and twenty-five, — so as to read as follows: 
— Section 4- For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the district may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, one hundred and twenty- 
five thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Manchaug Water 
District of Sutton Loan, Act of 1937. 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. Section 14 of said chapter 179 is hereby 
amended by striking out, in line 4, the word "three" and 
inserting in place thereof the word : — fifteen, — so as to 
read as follows: — Section 14- This act shall take full 
effect upon its acceptance by a majority vote of the voters 
of the district present and voting thereon at a district meet- 
ing called, in accordance with the provisions of section eight, 
within fifteen years after its passage; but the number of 
meetings so called in any one year shall not exceed three. 

Approved March 28, 1949. 

Chap. lOS An Act authorizing the county commissioners of essex 

COUNTY TO ERECT AND EQUIP CERTAIN BUILDINGS AT THE 
ESSEX COUNTY TUBERCULOSIS HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. In addition to the amounts authorized under 
chapter two hundred and twenty-seven of the acts of nine- 
teen hundred and forty-six and chapter two hundred and 
seventy-seven of the acts of nineteen hundred and forty- 
seven, the county commissioners of Essex county are hereby 
authorized to raise and expend a sum not exceeding two 
hundred and fifty thousand dollars for the purpose of pro- 
viding new buildings, additions and improvements at the 
Essex county tuberculosis hospital as follows : — nurses' 
home, suitable living accommodations for doctors; new 
bakery and equipment; together with all necessary equip- 
ment therefor; and such other additions or improvements 
as may be deemed necessary. All sums, if any, received 
from the federal government for the purpose of this act, 
shall be included in, and considered as a part of, the total 
amount authorized to be expended hereunder. 

Section 2. The county commissioners of said county, 
with the consent of the governor, shall take any and all 
steps necessary from time to time to enable Essex county 
to secure for said purposes any federal grant or subsidy. 

Section 3. To provide funds for the new buildings, 
additions, improvements and equipment hereinbefore au- 
thorized, the treasurer of Essex county, with the approval 



Acts, 1949. —Chap. 104. 71 

of the county commissioners, may borrow from time to 
time on the credit of the county such sums, not exceeding, 
in the aggregate, two hundred and fifty thousand dollars, as 
may be necessary, and may issue bonds or notes therefor, 
which shall bear on their face the words, Essex County 
Tuberculosis Hospital Loan, Act of 1949. Each authorized 
issue shall constitute a separate loan and such loans shall 
be payable in not more than twenty years from their dates. 
Such bonds or notes shall be signed by the treasurer of said 
county and countersigned by a majority of said county 
commissioners. Said county maj'' sell said securities at pub- 
lic or private sale upon such terms and conditions as said 
county commissioners may deem proper, but not for less 
than their par value. Indebtedness incurred under this act 
shall, except as herein provided, be subject to chapter 
thirty-five of the General Laws. Any sums received from 
the federal government for the purposes of this act may be 
applied toward payment either of the expenditures author- 
ized by section one of this act or of the principal of the 
bonds or notes hereby authorized. All sums necessary to 
meet interest payments on notes or bonds issued under this 
act and payments on account of principal as the same mature 
shall be assessed upon the cities and towns constituting the 
hospital district in the same proportion and together with 
other assessments made under section eighty-five of chapter 
one hundred and eleven of the General Laws. 

Section 4. This act shall take full effect upon its ac- 
ceptance, prior to December thirty-first of the current year, 
by the county commissioners of the county of Essex, but 
not otherwise. Approved March 28, 1949. 

An Act relative to tpie assessment of fire, water and (Jhnjj i qa 

IMPROVEMENT DISTRICT TAXES. ^' 

Be it enacted, etc., as follows: 

Section 1 . Section 23 of chapter 59 of the General Laws, g. l. (Ter. 
as most recently amended by chapter 576 of the acts of ftll'amendS' 
1948, is hereby further amended by adding at the end the 
following paragraph : — 

Notwithstanding the provisions of any general or special Application of 
law, the provisions of this section, so far as apt, shall apply thrs^'^tbn" 
to fire, water and improvement districts. 

Section 2. Section 25 of said chapter 59, as appearing in g. l. (Ter. 
the Tercentenary Edition, is hereby amended by adding at amended*^'"'' 
the end the following: — This section shall apply to fire, Application 
water and improvement districts. "' section. 

Approved March 28, 1949. 



72 Acts, 1949. ~ Chaps. 105, 106, 107. 



Ch^p. 105 An Act requiring the clerk or recording officer of 

CERTAIN corporations TO BE A RESIDENT OF THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

FA)' iJ""§ ti Section 6 of chapter 155 of the General Laws, as appearing 
amended.' ' in the Tercentenary Edition, is hereby amended by adding 
Clerk rauat at the end the follovdng sentence: — The clerk, or recording 
be a resident. Qfj^ggj. ^j^]^ ^}^g powcrs of clcrk, shall be a resident of the com- 
monwealth and shall be sworn. 

Approved March 28, 191^9. 

Chap. 106 An Act authorizing the city of salem to sell and 

CONVEY CERTAIN PARK PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The city of Salem by its mayor, if so author- 
ized by the city council, may sell and convey, free and clear 
from any obligation to use tlie same for park purposes or any 
other public purpose, if in other respects the city has or ob- 
tains a clear title thereto, a certain parcel of land situated 
on the southerly side of Fort avenue, now under control of 
the park department, and described as follows : — 

Said parcel being twenty-five feet in width and extending 
from Blockhouse square easterly to Winter Island road, as 
shown on a plan entitled "Topographical Survey of Land 
Public Park at Salem Willows 1896 Scale 40 feet to an inch 
Charles A. Metcalf, Engineer and Surveyor," said plan being 
on file in the office of the city engineer. 

The proceeds of any such sale or sales shall be paid into 
the treasury of said city and shall be subject to appropria- 
tion for any purpose or purposes for which said city is au- 
thorized to incur debt for a period of ten years or more. 

Section 2. This act shall take full effect when, after 
recommendation by the board of park commissioners of the 
city of Salem, it is accepted by the city council of said city, 
.subject to the provisions of its charter, during the current 
year. Approved March 28, 1949. 

Chap. 107 An Act establishing the west barnstable fire district. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Barnstable 
liable to taxation in said town and residing within the terri- 
tory known as precinct two, as described in the records of 
the town clerk of said town, and as shown by a map now on 
file in the office of the selectmen thereof, shall constitute a 
fire district, and are hereby made a body corporate by the 
name of West Barnstable Fire District; and said corpora- 
tion, except as herein otherwise provided, shall have all the 
powers and be subject to all the duties and liabilities set 
forth in all general laws now or hereafter in force relating to 
fire districts. 



Acts, 1949. — Chap. 108. 73 

Section 2. The said district may make contracts for the 
purchase of engines and other apparatus and articles neces- 
sary for the extinguishment of fires, for hydrants and water 
service, and for any other thing that may lawfully be done 
by said district. 

Section 3. Said district may, at meetings called for the 
purpose, raise money by taxation for any of the purposes for 
which fire districts may, under general laws now or here- 
after in force, raise money, and for all other purposes neces- 
sary or proper under the provisions of this act. 

Section 4. The first meeting of said district shall be 
called on petition of five or more legal voters therein by war- 
rant from the selectmen of the town of Barnstable, or from 
a justice of the peace directed to one of the petitioners re- 
quiring him to give notice of the meeting by posting copies 
of said warrant in two or more public places in said district 
seven days at least before the time of the meeting. One of 
the petitioners shall preside at the meeting until a clerk is 
chosen and sworn, and the clerk shall preside until a modera- 
tor is chosen. The meeting may then proceed to act on the 
other articles contained in the warrant. 

Section 5. This act shall take effect upon its acceptance 
by a majority of the legal voters of said district present and 
voting at a meeting called for that purpose in accordance 
with the provisions of section four of this act, within six 
years after the passage of this act. If voted upon and not 
accepted, it may be resubmitted at subsequent district 
meetings, legally called for the purpose; provided, that it 
shall not be voted upon by the district more than three 
times in any one year. Approved March 28, 1949. 



An Act authorizing george w. buck, tax collector 

OF the town of WILMINGTON, TO BECOME A MEMBER OF 
THE CONTRIBUTORY RETIREMENT SYSTEM OF SAID TOWN, 
AND MAKING HIM ELIGIBLE FOR CERTAIN RETIREMENT 
BENEFITS THERE 1;NDER. 

Be it enacted, etc., as follows: 

Section 1. George W. Buck, tax collector of the town 
of Wilmington, may become a member of the contributory 
retirement system of said town, notwithstanding any pro- 
vision of law governing said retirement system that makes 
him ineligible for membership therein. Upon becoming such 
member, he shall be entitled to all the rights and privileges 
of members of said system which he would have enjoyed if 
he had become a member of the system on the date when 
said system became operative in said town; provided, that 
he first deposits in the annuity fund of said system such 
amount as the board of retirement under said system may 
determine in order to establish an account for him in said 
annuity fund in an amount equal to that which it would be 
if he had been a member of said system since said date. 



Chap.108 



74 Acts, 1949. — Chaps. 109, 110. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of the town of 
Wilmington voting thereon at a regular or special town 
meeting called for the purpose, but not otherwise. 

Approved March 28, 1949. 

ChaV'109 ^'^ ^^"^ RELATIVE TO POLLING HOURS IN CITIES. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Sectiou 43 of chapter 53 of the General 

Sc."!'am4ndtd. Laws, as most recently amended by chapter 201 of the acts 
of 1937, is hereby further amended by striking out, in line 2, 
the word "nine" and inserting in place thereof the word: — 
When poUs ten, — so as to read as follows : — Section 43. The polls 
^^rimartes" at every primary shall be open during such hours, not less 
than ten in cities or two in towns, as may be designated 
by the aldermen in cities, and in towns by by-law or vote, 
or, in default of such by-law or vote, by the selectmen. The 
polls shall in no case be kept open after eight o'clock in the 
evening. 
EdV' 54^i64 Section 2. Section 64 of chapter 54 of the General Laws, 
etc!, 'amended, as amended by section 5 of chapter 39 of the acts of 1934, 
is hereby further amended by striking out the third para- 
graph, as appearing in the Tercentenary Edition, and in- 
serting in place thereof the following paragraph : — 
Timeofkeepine jj^ citics, the polls may be opened as early as fifteen 
^ies*"'*""' minutes before six o'clock in the forenoon, and shall be 
opened as early as ten o'clock in the forenoon and shall be 
kept open at least ten hours. Approved March 28, 1949. 

Chap. 110 An Act relative to the construction and mainte- 
nance OF certain buildings on boston common. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any special or general 
law to the contrary, the city of Boston, acting by and through 
its board of park commissioners, may construct or cause or 
permit to be constructed, and may maintain, on Boston 
Common, a sanitary for women and children occupying 
an area not in excess of twelve hundred square feet near 
the children's playland, so called, and a combination locker 
room with showers and sanitary for men occupying an area 
not in excess of eighteen hundred square feet near the ball 
field. 

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 28, 1949. 



Acts, 1949. — Chaps. Ill, 112, 113. 75 



An Act authorizing the placing of the office of QfiQ/n W\ 

DIRECTOR OF REHABILITATION OF THE CITY OF MALDEN 
UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of director of rehabilitation of 
the city of Maiden shall, upon the effective date of this act, 
become subject to the civil service laws and regulations 
made thereunder, and the tenure of office of the incumbent 
thereof shall be unlimited, subject, however, to said laws, 
but the present incumbent of said office may continue to 
serve therein only until the expiration of his term of office 
unless prior thereto he passes a qualifying examination to 
which he shall be subjected by the division of civil service. 

Section 2. This act shall take 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 March 28, 1949. 

An Act combining the offices of tree warden and Q}iQ/n \\2 

MOTH superintendent IN THE TOWN OF WATERTOWN. 

Be it enacted, etc., as follows: 

Section 1. The offices of tree warden and moth super- 
intendent in the town of Watertown are hereby combined 
and the powers and duties pertaining to said offices shall, 
after the acceptance of this act, be exercised and performed 
by the tree warden. All laws from time to time in force 
relating to tree wardens and moth superintendents, and 
not inconsistent with the provisions of this act, shall apply 
to the office of tree warden in said town. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority of the registered voters of the town of 
Watertown voting thereon at a regular or special town 
meeting called for the purpose, but not otherwise. 

Approved March 28, 1949. 

An Act to authorize the town of holden to borrow QfiQ/n 113 
money for school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to the Chaffins school, and for new school buildings adjacent 
to and connected with the Jefferson and Rice schools, and 
for originally equipping and furnishing said addition and 
new buildings, the town of Holden may borrow, from time 
to time, witliin a period of five years from the passage of 
this act, such sums of money 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 "Holden School Loan, Act of 1949". 
Each authorized issue shall constitute a separate loan, and 



76 Acts, 1949. —Chaps. 114, 115. 

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 pro- 
vided herein, be subject to the provisions of 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 take effect upon its passage. 

Approved March 30, 1949. 

Chav.ll4i An Act authokizing the city of salem to sell certain 

LAND HELD BY IT FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Salem, by its mayor when so 
authorized by the city council, may sell and convey free and 
clear from any obligation to use the same for park purposes 
or any other public purposes, a certain parcel of land situ- 
ated in the Forest river area, so called, in said city, and more 
particularly bounded and described as follows: — westerly 
by land of Kimball, Lavoie, Poitras, Lamprey and Raymond 
about two hundred and eighty feet; northerly by land of 
Odell and Clifton avenue about twenty-seven feet; and 
easterly by Forest River park on various courses about three 
hundred and twenty feet ; provided, that said parcel of land 
shall not be sold within one year after the effective date of 
this act otherwise than to an owner of land abutting on said 
parcel unless each of such owners shall have filed with the 
city clerk of said city a certificate stating that such owner 
waives such right of purchase; and, provided, further, that 
the land so sold shall be used exclusively for residential 
purposes. 

Section 2. This act shall take full effect when, after 
recommendation by the board of park commissioners of the 
city of Salem, it is accepted by the city council of said city, 
subject to the provisions of its charter, during the current 
year. Approved March SO, 1949. 

Chap, 116 An Act relative to court records of cases involving 

VIOLATIONS OF AERONAUTICAL LAWS, RULES AND REGU- 
LATIONS. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION L Chapter 90 of the General Laws is hereby 

new J 49A, amended by inserting after section 49 the following section : — 
cf*^ m d Section 49 A . A full record shall be kept by every court and 

abstracts of trial justicc of cvcry case in which a person is charged with a 
of'^ktloM^ violation of any provision of sections thirty-five to fifty-two, 
of aeronautical inclusive, of this chapter, or of the rules and regulations for 
kept by com- the enforcement of said sections made by the commission, 
^uburre^c^ords. ^r of airport approach regulations made by a city or town 
under section forty A, and an abstract of such record shall be 
sent forthwith by the court or trial justice to the commission. 



Acts, 1949. — Chaps. 116, 117. 77 

Said abstracts shall be made upon forms prepared by the 
commission, and shall include all necessary information as 
to the parties to the case, the nature of the offence, the date 
of the hearing, the plea, the judgment and the result; and 
every such abstract shall be certified by the clerk of the court 
or by the trial justice as a true abstract of the record of the 
court. The commission shall keep such records in its oflfice, 
and they shall be open to the inspection of any person during 
reasonable business hours. 

Section 2. Section 27 of said chapter 90, as appearing in g. l. (Ter. 
the Tercentenary Edition, is hereby amended by inserting f^eni^d.* ^'' 
after the word "chapter", in line 3, the words: — relating 
to motor vehicles. Approved March 30, 1949. 

An Act relative to the tenure of office of the present Qhnr) 116 

CITY messenger OF SOMERVILLE. ^' 

Be it enacted, etc., as follows: 

Section 1 . The present city messenger of Somerville shall 
hold office continuously during good behavior unless in- 
capacitated by physical or mental disability from perform- 
ing the duties of the office; provided, however, that the 
board of aldermen may, subject to the provisions of law gov- 
erning the removal of civil sei-vice employees, remove him. 
Any appointment to said office made subsequent to the effec- 
tive date of this act shall be made subject to the provisions 
of the charter of said city. 

Section 2. This act shall take effect upon its acceptance 
by the board of aldermen of the city of Somerville with the 
approval of the mayor, provided that such acceptance and 
approval occur before January first, nineteen hundred and 
fifty. Approved March SO, 1949. 



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, as amended by section 1 
of chapter 167 of the acts of 1948, 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-nine, 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 



ChavAVl 



78 Acts, 1949. — Chap. 118. 

being reduced by abatements granted up to December 
thirty-first of the preceding year; 

(6) 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 seventy 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; and 

(c) For all other school purposes, the sum of nineteen 
million nine hundred and seventy- five thousand dollars. 

Unexpended appropriation balances may be reappropriated 
for their respective purposes; and, in addition to the sum 
specified in clause (c), 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 clause (c). Nothing in this section shall be 
construed as authorizing said school committee to appro- 
priate sums distributed or distributable under chapter 
seventy of the General Laws, which sums constitute general 
revenues of said city. 

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

Section 2. Section 2 of chapter 224 of the acts of 1936, 
as amended by section 1 of this act, is hereby further amended 
by striking out, in the first sentence, clause (c) and inserting 
in place thereof the following clause : — 

(c) For all other school purposes, the sum of twenty-one 
million two hundred thousand dollars. 

Section 3. So much of section five of chapter two 
hundred and forty-one of the acts of eighteen hundred 
and seventy-five, as amended, as provides that the salaries 
of teachers in the public schools of said city shall not be 
increased during a school year, shall not be operative in 
the current school year with respect to any salary increase 
which is to take effect on or after July first in the current 
year. 

Section 4. This section and sections one and three of 
this act shall take effect upon the passage of this act. Section 
two of this act shall take effect on January first, nineteen 
hundred and fifty. Approved April 4, 1949. 

ChapAlS An Act making certain laws affecting veterans 

AND THEIR ORGANIZATIONS APPLICABLE TO THE FRANCO- 
AMERICAN WAR VETERANS, INC. 

E™«2go«y Whereas, The deferred operation of this act would tend 

praam . ^^ defeat its purpose, which in part is to make the benefits 

provided thereby available without delay to the veterans' 

organization referred to therein, therefore it is hereby 



Acts, 1949. —Chap. 119. 79 

declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 49 of chapter 33 of the General Ed)''3J^§4P 
Laws, as most recently amended by chapter 171 of the acts etc.. 'amended. 
of 1948, is hereby further amended by striking out, in lines 
35 and 36, the words "La Legion Franco-Americaine des 
Etats-Unis d'Amerique" and inserting in place thereof the 
words: — Franco- American War Veterans, Inc. 

Section 2. Clause (12) of section 5 of chapter 40 of the g. l. (Ter. 
General Laws, as most recently amended by section 1 of §5,cl°(i2), 
chapter 445 of the acts of 1948, is hereby further amended ^tc, amended, 
by striking out, in lines 22 and 23, as appearing in section 2 
of chapter 468 of the acts of 1947, the words "La Legion 
Franco-Americaine des Etats-Unis d'Amerique" and in- 
serting in place thereof the words : — Franco- American 
War Veterans, Inc. 

Section 3. The first paragraph of section 9 of said g^)'' 40^59 
chapter 40, as most recently amended by chapter 671 of etc.". 'amended. 
the acts of 1947, is hereby further amended by striking out, 
in line 9, the words "La Legion Franco-Americaine des 
Etats-Unis d'Amerique" and inserting in place thereof the 
words: — Franco-American War Veterans, Inc. 

Section 4. Section 70 of chapter 266 of the General Edx'iee.Vo. 
Laws, as most recentl}^ amended by section 2 of chapter etc, 'amended.' 
445 of the acts of 1948, is hereby further amended by strik- 
ing out, in lines 14 and 15, as appearing in section 4 of 
chapter 468 of the acts of 1947, the words "La Legion 
Franco-Americaine des Etats-Unis d'Amerique" and in- 
serting in place thereof the words : — Franco- American 
War Veterans, Inc. Approved April 4, 1949. 

An Act authorizing the town of swampscott to pro- (J^q^j) wg 

VIDE A SCHOLARSHIP FUND FOR GRADUATES OF THE HIGH ^' 

SCHOOL OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott is hereby author- 
ized to raise and appropriate the sum of ten thousand dollars 
to provide a scholarship fund the income of which may be 
used for the higher education of graduates of the high school 
of said town living therein, and said fund shall be dedicated 
as a memorial to veterans of World War IL 

Section 2. Said town is hereby further authorized to 
provide, by vote of the town, for the election by the voters 
or the appointment by its selectmen of a board of trustees, 
consisting of such number of members as the town shall by 
vote determine, to administer said fund, which shall be held 
in the custody of the town treasurer, together with any con- 
tributions thereto from private sources, which contributions 
the town, or said trustees in its behalf, may from time to 
time receive. The town by vote may fix the terms of office 



80 Acts, 1949. —Chaps. 120, 121. 

of said trustees, and make other provisions in respect to the 
administering of said fund not inconsistent with the pro- 
visions of this act. 

Section 3. Action taken under authority of this act at 
the annual town meeting in the current year shall be as 
effective as though it had been in full force and effect on the 
date on which the warrant for said meeting was posted. 

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

Approved April 4, 1949. 

Chap. 120 ^N Act authorizing the city of beverlv to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing an addition to the present 
junior high school building, the city of Beverly 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 five hundred thousand dollars, and 
may issue bonds or notes of the city therefor which shall 
bear on their face the words, "Beverly School Loan, Act of 
1949". 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 April 4, 1949. 

Chap. 121 •'^N Act relative to the debt of the raynham center 

water district. 

Be it enacted, etc., as follows: 

Section 1. The Raynham Center Water District in 
the town of Raynham is hereby authorized to renew a tem- 
porary loan issued December third, nineteen hundred and 
forty-seven under authority of section seventeen of chapter 
forty-four of the General Laws, for a period of not more than 
one year from December first, nineteen hundred and forty- 
eight. Indebtedness incurred under authority of chapter 
two hundred and twenty-two of the acts of nineteen hun- 
dred and forty-seven, as amended by chapter one hundred 
and ninety-three of the acts of nineteen hundred and forty- 
eight, shall be payable in not more than thirty years from 
December first, nineteen hundred and forty-eight and except 
as authorized by this act shall be subject to the provisions 
of said chapter forty-four pertaining to districts. 

Section 2, This act shaU take effect upon its passage. 

Approved April 4, 1949. 



Acts, 1949. — Chaps. 122, 123, 124. 81 



An Act authorizing the town of essex to supply water Qfidj) J22 

TO THE TOWN OF HAMILTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Essex may furnish and sell water 
to the town of Hamilton which is hereby authorized to pur- 
chase water so sold. Water so furnished and sold shall be 
at a rate or rates to be mutually agreed upon between said 
towns acting by their respective boards of water commis- 
sioners. In case of sale, the town of Essex shall deliver the 
water at the boundary line between it and the town of 
Hamilton, or at a point as conveniently near as may be 
agreed upon, and either town may, at its own expense, make 
such extension of its water mains and such installation of 
other facilities and equipment within the limits of the other 
town as may be necessary for the purposes of this act; pro- 
vided, that such extension and installation as may be made 
by either town within the limits of the other shall be subject 
in all respects to the approval of the other's selectmen. 

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

Approved April 4, 1949. 

An Act to authorize payment for photostat supplies Chav. 12S 
IN certain counties. 

Whereas, The deferred operation of this act would unduly Emergency 
delay the payment of bills contracted in good faith, it is ^'^^*°* 
hereby declared an emergency law, necessary for the im- 
mediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

The county commissioners of any county may approve 
and the treasurer of any such county shall thereupon pay 
for photostat supplies purchased during the year nineteen 
hundred and forty-eight, notwithstanding the fact that, 
through misunderstanding, the provisions of section seven- 
teen of chapter thirty-four of the General Laws were not 
complied with. Such payments may, in the first instance, be 
paid out of any money in hand, and a sum sufficient therefor 
shall be included in item number 27 of the county appro- 
priation act. Approved April 4, 1949. 

An Act changing the harbor line in boston harbor on Chap. 124 

THE southwesterly SIDE OF EAST BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The harbor lines on the northeasterly side of 
Boston harbor are hereby changed and established as 
follows : — 

The location of each of the angle points in the line herein- 
after described is fixed by a distance, hereinafter called 
longitude, in feet, from a meridian passing through the 
apex of the dome of the state house in Boston, and by a 



82 Acts, 1949. — Chap. 125. 

distance, hereinafter called latitude, in feet, from a line at 
right angles to said meridian and passing through the said 
center of the apex of the state house dome, and the bearings 
refer to the true meridian passing through the center of said 
apex. Beginning at point G in the harbor line as established 
by chapter forty-eight of the acts of eighteen hundred and 
eighty-two and located in latitude four thousand four hun- 
dred and eighty and four-tenths feet north and longitude 
four thousand eight hundred and eighty-one and four-tenths 
feet east; thence south twenty-four degrees twenty-eight 
minutes ten and four-tenths seconds, east, two thousand 
four hundred and twenty-three and six-tenths feet to point 
H' in latitude two thousand two hundred and seventy-four 
and five-tenths feet north and longitude five thousand eight 
hundred and eight3''-five and three-tenths feet east; thence 
south fifty-six degrees forty-four minutes and four and four- 
tenths seconds east, one hundred and ninety-five feet to 
point H as established by chapter four hundred and eleven 
of the acts of nineteen hundred and thirty-nine, and located 
in latitude two thousand one hundred and sixty-seven and 
five-tenths feet north, and longitude six thousand forty-eight 
and four-tenths feet east. 

Section 2. The portion of said harbor line from points G 
to H established by section one of chapter forty-eight of 
the acts of eighteen hundred and eighty-two is hereby abol- 
ished. 

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

Approved April 4, 1949. 

Chap. 125 An Act relative to the height of buildings in certain 

CITIES. 

^reambiT^ Wkcreas, The deferred operation of this act would tend 

to defeat its purpose, which is to exempt without delay 
power plants from certain provisions of law restricting the 
height of buildings in cities, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Ed)" 143 ''5 2 Section 2 of chapter 143 of the General Laws, as appear- 

ameided.' ' iug iu the Tercentenary Edition, is hereby amended by 

inserting after the word "elevators", in fine 3, the words: 

?uUdtn°sSn — ' power plants, — so as to read as follows: — Section 2. 

certain cities, In a city uo building shall be erected to a height of more 

regulated. t\i2,xi ouc hundred and twenty-five feet above the grade of the 

street; but this restriction shall not apply to grain or coal 

elevators, power plants or sugar refineries, nor to steeples, 

domes, towers or cupolas erected for strictly ornamental 

purposes, of fireproof material, on buildings of the above 

height or less. The supreme judicial or superior court may 

enforce this section and restrain any violation thereof. 

This section shall not apply to Boston. 

Approved April 4, 1949. 



Acts, 1949. — Chaps. 126, 127. 83 



An Act providing for the submission to the voters (Jj^^ny \2Q 
of the town of northbridge of the question of ^' 

accepting certain provisions of law relative to 
the licensed operation of bowling alleys on the 
lord's day. 

Be it enacted, etc., as follows: 

Section 1. There shall be placed upon the official ballot 
to be used for the election of officers at the next annual 
town election of the town of Northbridge the following 
question: — "Shall the town of Northbridge accept the 
provisions of section four B of chapter one hundred and 
thirty-six of the General Laws, relative to the licensed 
operation of bowling alleys on the Lord's day?" If a 
majority of the votes cast in answer to said question is in 
the affirmative, said provisions shall thereupon become 
effective in said town. 

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

Approved April 4, 194G. 

An Act to authorize fire district number two in the (jhav 127 
town of south hadley to extend its limits. ^' 

Be it enacted, etc., as follows: 

Section 1. The limits of Fire District Number Two in 
the Town of South Hadley, as established under chapter 
two hundred and thirty-nine of the acts of nineteen hundred 
and nine and as extended by chapter eighty-two of the acts 
of nineteen hundred and thirty-one, are hereby further ex- 
tended so as to include the territory lying in the town of 
Granby in the county of Hampshire, bounded and described 
as follows : — 

Beginning at a point on the South Hadley-Granby town 
Une, said point being the present boundary of Fire District 
Number Two in the Town of South Hadley, and being 
located on the northerly line of the Amherst road at Moody 
Corners; thence running easterly along the northerly line 
of said Amherst road to a Massachusetts highway bound, 
said Massachusetts highway bound being approximately 
opposite the northeasterly corner of land conveyed to Albert 
Quenneville and Rita Quenneville by deed of Otto Emil 
Hauschild and Johanna Hauschild, dated October twenty- 
third, nineteen hundred and forty-seven, recorded with 
Hampshire County Registry of Deeds, Book 1025, Page 
483; thence running southeasterly across said Amherst 
road to the northeasterly corner of land conveyed to said 
Albert Quenneville and Rita Quenneville by said Otto 
Emil Hauschild and Johanna Hauschild by deed dated 
October twenty-third, nineteen hundred and forty-seven, 
recorded with Hampshire County Registry of Deeds, Book 
1025, Page 483; thence southerly, westerly, southerly, 
westerly and northerly, following the lines of a certain lay- 
out of lots by Albert Quenneville and Rita Quenneville, 



84 Acts, 1949. — Chap. 128. 

said layout being recorded with Hampshire County Registry 
of Deeds, Book of Plans 31, Pages 34 and 35, to a point 
on the westerly boundary line of property of Albert Quenne- 
ville and Rita Quenneville five hundred feet southerly of 
the southerly line of Amherst road; thence westerly in a 
line parallel with the Amherst road to the town line between 
Granby and South Hadley; thence northerly along said 
town line to the point of beginning. 

The territory hereby annexed to said district shall be 
subject to all the rights, privileges, liabilities and powers 
belonging to said district under the provisions of said chapter 
two hundred and thirty-nine of the acts of nineteen hundred 
and nine, as amended, and under the provisions of chapter 
five hundred and twenty-nine of the acts of nineteen hundred 
and nine. 

Section 2. Whenever a tax is duly voted by said dis- 
trict the clerk shall apportion, in accordance with the valu- 
ation of property situate in each part of said district, all 
and singular, such sums of money voted to be raised by 
said district for the purposes specified in this act and in 
chapter two hundred and thirty-nine, as amended, and 
chapter five hundred and twenty-nine, both of the acts of 
nineteen hundred and nine, and shall render a certified 
copy of the vote, with the apportionment made by said 
clerk, to the assessors of the towns of South Hadley and 
Granby. Said tax shall be assessed, collected and deposited 
in accordance with the provisions of chapter five hundred 
and twenty-nine of the acts of nineteen hundred and nine. 

Approved April 4, 1949. 



Chap. 128 ^N Act relative to indemnification of employees of 

CERTAIN CITIES AND TOWNS FOR DAMAGES SUSTAINED 
THROUGH THE OPERATION OF CERTAIN MUNICIPALLY 
OWNED VEHICLES. 

Be it enacted, etc., as follows: 

G^L. (Ter. Section 100 A of chapter 41 of the General Laws, as most 

§ iboA, etc., recently amended by section 1 of chapter 391 of the acts of 
Mrapnded. 1945, is hereby further amended by striking out, in line 12, 

the word ''five" and inserting in place thereof the word: — 
fifteen, — by inserting after the word "person", in line 13, 
the words : — , or not exceeding seventy-five thousand dol- 
lars for any one accident, — and by striking out, in said 
line 13, the word "one", the second time it appears, and 
inserting in place thereof the word : — five, — so as to read 
indemnifica- as follows: — Sectio7i 100 A. A city which accepts this sec- 
and town^ tiou by vote of its city council subject to the provisions of 
employees. j^g charter, or a town which accepts the same by vote of its 
inhabitants at an annual town meeting, may, after an appro- 
priation has been made therefor, indemnify an officer or 
employee thereof for expenses or damages incurred by him 
in the defence or settlement of a claim against him for 



Acts, 1949. — Chaps. 129, 130. 85 

bodily injuries, including death at any time resulting there- 
from, or for damage to property, arising out of the operation 
of a motor or other vehicle or vessel owned by such city or 
town, to an amount not exceeding fifteen thousand dollars 
on account of injury to or death of one person, or not ex- 
ceeding seventy-five thousand dollars for any one accident, 
and not exceeding five thousand dollars on account of 
damage to property; provided, that after investigation it 
shall appear to the mayor or selectmen that such officer or 
employee was at the time the claim arose acting within the 
scope of his official duties or employment, and provided, 
further, that the defence or settlement of such claim shall 
have been made by the city solicitor or the town counsel, or, 
if the town has no town counsel, by an attorney employed 
for the purpose by the selectmen, upon the request of said 
officer or employee and at the direction of the mayor or 
selectmen. This section shall not apply in respect to so 
much of a claim against an officer or employee as is covered 
by a policy of insurance effected by the city or town under 
clause (1) of section five of chapter forty. 

Approved April 4, 1949, 

An Act relative to the receipt of complaints and the ChavA29 

ISSUANCE OF A SUMMONS, PROCESS OR WARRANT BY JUSTICES 
OF THE PEACE. 

Be it enacted, etc., as follows: 

Section 1 of chapter 262 of the General Laws is hereby g. l. (Ter. 
amended by striking out the paragraph amended by chap- ^tti'amenJed. 
ter 295 of the acts of 1948 and inserting in place thereof the 
following : — 

For receiving a complaint under section thirty-six of chap- issue of 
ter two hundred and eighteen, two dollars; and for issuing a j^g^c^of^^ 
summons, process or warrant under said section, two dollars, peace, regu- 
except that when more than one summons shall be simul- 
taneously issued against a single defendant, no fee shall be 
paid for such summonses other than the first one. 

Approved April 4, 1949. 

An Act establishing a board of election commissioners QjiQ/p 130 

IN the city of SPRINGFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. The board of registrars of voters of the city 
of Springfield is hereby abolished. All the powers, rights, 
duties and liabilities of said board of registrars either under 
general or special law except as otherwise provided, are 
hereby transferred to and shall hereafter be placed upon and 
exercised by a board of election commissioners in said city, 
hereinafter called the board, which shall be the lawful suc- 
cessor of said registrars. Immediately upon the acceptance 
of this act as hereinafter provided, the said registrars of 



86 Acts, 1949. —Chap. 131. 

voters shall deliver to the board all books, papers, records 
and all other property in their possession. 

Section 2. The board shall consist of four persons, of 
whom two shall always represent each one of the two lead- 
ing political parties, as defined in section one of chapter 
fifty of the General Laws. They shall receive such com- 
pensation as the mayor and city council may determine. 

Section 3. The members of the board of registrars of 
voters in office in said city at the time this act takes efifect 
shall be members of said board of election commissioners, 
and shall serve until the expiration of their respective terms 
and until their successors are appointed and qualified. As 
the terms of the several election commissioners expire, and 
in case a vacancy occurs in said board, the mayor shall, sub- 
ject to approval by the board of aldermen, so appoint their 
successors that the members of the board shall equally repre- 
sent the two leading political parties as defined as aforesaid. 
Such appointments shall be for terms of four years beginning 
April first, except that any appointment to fill a vacancy 
shall be for the unexpired term. 

Section 4. The board shall organize annually in the 
month of April by the choice of a chairman and a secretary. 
In case the members are unable to agree upon a chairman 
and a secretary, such officers shall be designated by the 
ma3^or. The secretary shall keep a full and accurate record 
of the proceedings of the board and shall perform such other 
duties as the board may require. 

Section 5. All the powers, duties and liabilities relating 
to caucuses, primaries and elections by law vested in and 
placed upon the mayor, the board of aldermen, the city clerk 
and the board of registrars of voters except the power and 
duty of fixing the days and hours and places for holding the 
same, shall in said city be vested in and placed upon the 
board of election commissioners. 

Section 6. The board may appoint such assistant com- 
missioners and such other assistants as it deems necessary, 
who shall at all times equally represent the two leading 
political parties as defined as aforesaid. 

Section 7. 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 April 4, 1949. 

C hap. ISl An Act authorizing the printing on nomination papers 

AND BALLOTS FOR MUNICIPAL ELECTIONS IN THE CITY OF 
BOSTON STATEMENTS AS TO THE HOLDING OF PUBLIC 
OFFICES BY CANDIDATES AT SUCH ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 486 of the acts of 1909 is hereby 
amended by inserting after section 53 the following section : 
— Section 53 A . Said nomination papers may state, in 
not more than eight words, the elective public offices which 



Acts, 1949. —Chaps. 132, 133. 87 

the candidate holds or has held, showing clearly that he is 
a former incumbent thereof if such is the case and, if he is 
an elected incumbent of an office for which he seeks renomi- 
nation, that he is a candidate for such renomination. 

Section 2. Section 54 of said chapter 486, as amended 
by section 2 of chapter 472 of the acts of 1941, is hereby 
further amended by striking out the sixth sentence and 
inserting in place thereof the following : — Forthwith the 
election commissioners shall print or insert on such nomi- 
nation papers the names of the candidates, the offices for 
which they are nominated, their residences, with street and 
number, if any, and the statement authorized by section 
fifty-three A, if any. 

Section 3. Section 57 of said chapter 486 is hereby 
amended by inserting after the word "candidate" in lines 
3 and 4 the words : — and the statement, if any, contained 
in his nomination papers as authorized by section fifty- 
three A. Approved April 4, 1949. 

An Act requiring the posting of the schedule of (Jfm^j) J32 

ADMISSION prices, AND OTHER INFORMATION, BY MAN A- 
GERS OF TRAVELING ENTERTAINMENTS. 

Be it enacted, etc., as follows: 

Chapter 140 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 181A, inserted by chapter 534 of the aew'i^iiiB, 
acts of 1948, the following section: — Section 181 B. The added, 
manager of every traveling circus, carnival or other enter- Managers of 
tainment which members of the general public are invited eSIrtamments 
to attend and view shall cause a complete schedule of the admi£?on 
prices for admission to the same, and for seating or other prices and 
necessary accommodations for its patrons, to be posted, in matTon" "'' 
letters at least one inch high, in a conspicuous place at 
every box office, ticket booth or other location at which 
tickets or tokens for such admission are offered for sale. 
Any person violating this section shall be punished by a 
fine of not more than fifty dollars. 

Approved April 4, 1949. 

An Act providing that the financial year of all fire, r^/,^.^ 1 00 

WATER, LIGHT AND IMPROVEMENT DISTRICTS SHALL END ^' 

ON DECEMBER THIRTY-FIRST. 

Be it enacted, etc., as follows: 

Section 1. Chapter 41 of the General Laws is hereby g. l. (Ter. 
amended by adding after section 119, as appearing in the ^^^'k^I^o 
Tercentenary Edition, the following section: — Section 120. added. 
The financial year of all fire, water, light and improvement Financial year 
districts shall end on December thirty-first, notwithstanding water, etc'., 
the provisions of special laws or district by-laws to the oewmber** *'^'* 
contrary; provided, that the district treasurer shall until thirty-first. 
January tenth enter on his books all items for the payment 



88 Acts, 1949. —Chaps. 134, 135. 

of bills incurred and salaries and wages earned during the 
previous year, and expenditures therefor shall be deemed 
to be as of the preceding December thirty-first. 
Effective SECTION 2. The financial year of all fire, water, light 

and improvement districts shall end on December thirty- 
first, nineteen hundred and forty-nine, and this act shall 
take full effect on January first, nineteen hundred and fifty. 
In such districts if appropriations have been voted prior to 
December thirty-first, nineteen hundred and forty-nine, 
and funds remain for expenditures after said date, any 
unexpended balances of such appropriations may be ex- 
pended in the period for which the appropriations were 
originally voted or may be used by the assessors as available 
funds in the determination of the nineteen hundred and 
fifty district tax rate. Approved April 4, 1949. 



Chap. 134 An ^^'^ RELATIVE TO THE RENEWAL OF CERTAIN TEMPORARY 
REVENUE LOANS BY CITIES, TOWNS AND DISTRICTS. 

Be it enacted, etc., as follows: 

Any city, town or district, with the approval of the board 
specified in clause nine of section eight of chapter forty- 
four of the General Laws, may extend, for a period or periods 
not exceeding, in the aggregate, six months beyond the 
maximum term provided by law for an original revenue 
loan, any loan issued in anticipation of the revenue of the 
year nineteen hundred and forty-nine or nineteen hundred 
and fifty, and the approval as aforesaid of any such extension 
shall authorize the issue of renewal notes for the period or 
periods so approved, notwithstanding the provisions of said 
chapter forty-four. During the time that any such revenue 
loan, extended as aforesaid, remains outstanding, none of 
the receipts from the collection of taxes assessed by such 
city, town or district for the year against the revenue of 
which such loan was issued or for prior years shall be ap- 
propriated for any purpose without the approval of said 
board. Approved April 4, 1949. 

Chap.lSd An Act authorizing cities to increase their appro- 
priations FOR RESERVE FUNDS, SO CALLED. 

Be it enacted, etc., as folloivs: 

EdVio^SoA Section 5 A of chapter 40 of the General Laws, as amended 
etc.", amended.' by chaptcr 34 of the acts of 1937, is hereby further amended 
by striking out, in line 4, the words "one and one half" and 
inserting in place thereof the word : — three, — so as to read 
Authorizing as follows: — Section 5 A. To provide for extraordinary or 
oreale^appro- unforesccu cxpcuditures, a city may, prior to the date when 
rllerl^e^Funds ^^^ ^^^ ^^^^ ^^^ ^^® ^^^^ ^^ fixcd, appropriate a sum not ex- 
ceeding three per cent of the tax levy for the preceding year 
to be known as a reserve fund. No direct drafts against this 
fund shall be made, but transfers from the fund may from 



Acts, 1949. — Chaps. 136, 137. 89 

time to time be voted by the city council upon recommenda- 
tion of the mayor, and the city auditor or officer having 
similar duties shall make such transfers as are so voted. 

Approved April 4, 1949. 

An Act relative to the certification of appropriation nhrij) \ qa 

ORDERS BY CLERKS OF WATER AND IMPROVEMENT DIS- ^' 
TRICTS. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereb}'' amended by g. l. (Ter. 
striking out section 15A, as appearing in the Tercentenary fmeAdid.^ ^^^' 
Edition, and inserting in place thereof the following section: 
— Section 15 A. City and town clerks and clerks of water certification of 
and improvement districts shall, as soon as an order or vote oXrTby clerks 
appropriating money becomes effective, certify, in a city to of cities, towns, 
the treasurer, assessors and auditor or similar officer, and in districts. 
a town to the assessors and the town accountant, if any, 
otherwise to the treasurer, and in a district to the assessors 
and the accounting officer, if any, otherwise to the treasurer, 
each appropriation in detail, and the provisions made for 
meeting the same, if specified in the appropriation order or 
vote. Approved April 4, 1949. 



An Act establishing the Swansea water district in 
the town of swansea. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Swansea, 
liable to taxation in said town and residing within the 
territory comprised within the following boundary lines, to 
wit : — beginning at a point in the state line between the 
town of Swansea and the state of Rhode Island at a point 
lying in the center of the channel of the Palmer river and 
running southeasterly by said state line to Mount Hope bay 
to the Somerset town line; thence northeasterly by the 
Somerset town line to a point or a corner; and thence by 
said Somerset town line to a point, which point is the south- 
easterly corner of the town of Swansea; thence turning and 
running northerly by the town line to a point one thousand 
feet north of Marvel street; thence turning and running 
westerl}^ by a line one thousand feet distant from and parallel 
to the north side line of Marvel street to the easterly side 
line of Sharps Lot road; thence turning and running west- 
erly, crossing said Sharps Lot road to the southeast corner 
of the town of Rehoboth; thence turning and running west- 
erly by the southerty bound of the town of Rehoboth to a 
point in the center line of the channel of the Palmer river; 
thence turning and running southerly by the center line of 
the channel of the Palmer river to the point of beginning, — 
shall constitute a water district and are hereby made a body 
corporate by the name of the Swansea water district, herein- 



Chap.lS7 



90 Acts, 1949. — Chap. 137. 

after called the district, for the purpose of supplying them- 
selves with water for the extinguishment of fires and for 
domestic and other purposes, with power to establish foun- 
tains and hydrants and to relocate and discontinue the same, 
to regulate the use of such water and to fix and collect rates 
to be paid therefor, and for the purposes of assessing and 
raising taxes as provided herein for the payment of such 
services, and for defraying the necessary expenses of carry- 
ing on the business of said district, subject to all general 
laws now or hereafter in force relating to such districts, 
except as otherwise provided herein. The district shall have 
power to prosecute and defend all actions relating to its 
property and affairs. 

Section 2. For the purposes aforesaid, the district, 
acting by and through its board of water commissioners 
hereinafter provided for, may contract with any munici- 
pality, acting through its water department, or with any 
water company, or with any other water district, for what- 
ever water may be required, authority to furnish the same 
being hereby granted, and may lay water mains anywhere 
within the town of Swansea for the purpose of securing said 
water supply, and, in addition or in the alternative, may 
take by eminent domain under chapter seventy-nine or 
chapter eighty A of the General Laws, or acquire by lease, 
purchase or otherwise, and hold, the waters, or any portion 
thereof, of any pond, spring or stream, or of any ground 
sources of supply by means of driven, artesian or other wells, 
within the town of Swansea not already appropriated for 
the purposes of a public supply, and the water and flowage 
rights connected with any such water sources; and for said 
purposes may take as aforesaid, or acquire by purchase or 
otherwise, and hold, all lands, rights of way and other ease- 
ments necessary for collecting, storing, holding, purifying 
and preserving the purity of the water and for conveying the 
same to any part of said district; provided, that no source 
of water supply or lands necessary for preserving the quality 
of the water shall be so taken or used without first obtaining 
the advice and approval of the department of public health, 
and that the location and arrangement of all dams, reservoirs, 
springs, wells, pumping, purification and filtration plants 
and such other works as may be necessary in carrying out 
the provisions of this act shall be subject to the approval of 
said department. Said district may construct and main- 
tain on the lands acquired and held under this act proper 
dams, wells, springs, reservoirs, standpipes, tanks, pumping 
plants, buildings, fixtures and other structures including also 
the establishment and maintenance of filter beds and puri- 
fication works or systems, and may make excavations, pro- 
cure and operate machinery and provide such other means 
and appliances, and do such other things as may be neces- 
sary for the establishment and maintenance of complete and 
effective water works; and for that purpose may construct 
pipe lines, wells and reservoirs and establish pumping works, 



Acts, 1949. — Chap. 137. 91 

and may construct, lay, acquire and maintain aqueducts, 
conduits, pipes and other works under or over any land, 
water courses, railroad, railways and public or other ways, 
and along such ways, in said town, in such manner as not 
unnecessarily to obstruct the same; and for the purposes of 
constructing, laying, maintaining, operating and repairing 
such aqueducts, conduits, pipes and other works, and for 
all proper purposes of this act, the district may dig up or raise 
and embank any such lands, highways, or other ways in such 
manner as to cause the least hindrance to public travel on 
such ways; provided, that the manner in which all things 
are done upon any such way shall be subject to the direction 
of the selectmen of the town of Swansea. The district shall 
not enter upon, or construct or lay any conduit, pipe or other 
works within the location of any railroad corporation except 
at such time and in such manner as it may agree upon with 
such corporation, or, in the case of failure so to agree, as 
may be approved by the department of public utilities. 
Said district may enter upon any lands for the purpose of 
making surveys, test wells or pits and borings, and may take 
or otherwise acquire the right to occupy temporarily any 
lands necessary for the construction of any work or for any 
other purpose authorized by this act. 

Section 3. Any person sustaining damages in his prop- 
erty by any taking under this act or any other thing done 
under authority thereof may recover such damages from the 
district under chapter seventy-nine or chapter eighty A of 
the General Laws; but the right to damages for the taking 
of any water, water right or water source, or for any injury 
thereto, shall not vest until water is actually withdrawn or 
diverted under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under 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 million five 
hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Swansea 
Water District Loan, Act of 1949. 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 subject to the provi- 
sions of chapter forty-four of the General I-aws pertaining to 
such districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with section four of this act; and, when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 
expense of operating its water works and the interest as it 
accrues on the bonds or notes issued as aforesaid by the 
district, and to make such payments on the principal as may 
be required under this act, shall without further vote be 



92 Acts, 1949. —Chap. 137. 

assessed upon the district by the assessors of said town of 
Swansea annually thereafter until the debt incurred by said 
loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in said board by this section shall be 
subject to section nine. 

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall as- 
sess the same on propertj^ within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to an}'- tax assessed on account of the system of water supply 
under this act if, in the judgment of the board of water 
commissioners hereinafter provided for, after a hearing, due 
notice hereof shall have been given, such estate is so situated 
that it will receive no aid in the extinguishment of fire from 
the said system of water supply, or both, or if such estate is 
so situated that the buildings thereon, or the buildings that 
might be constructed thereon, could not be supplied with 
water from said system in any ordinary or reasonable man- 
ner; but all other estates in the district shall be deemed to 
be benefited and shall be subject to such tax. A certified 
list of the estates exempt from taxation under the provisions 
of this section shall annually be sent by said board of water 
commissioners to said assessors, at the same time at which 
the clerk shall send a certified copy of the vote as aforesaid. 
The assessment shall be committed to the town collector, 
who shall collect said tax in the manner provided by law for 
the collection of town taxes, and shall deposit the proceeds 
thereof with the district treasurer for the use and benefit of 
the district. The district may collect interest on overdue 
taxes in the manner in which interest is authorized to be 
collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to be 
held prior to the acceptance of this act, and any meeting of 
the voters of the district to be held prior to the qualification 
of a majority of the water commissioners, shall be called, on 
petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a mod- 
erator for the meeting the question of the acceptance of this 



Acts, 1949. — Chap. 137. 93 

act shall be submitted to the voters, and if it is accepted by 
a majority of the voters present and voting thereon it shall 
thereupon take effect, and the meeting may then proceed to 
act on the other articles in the warrant. After the qualifica- 
tion of a majority of the water commissioners, meetings of 
the district shall be called by warrant under their hands, 
unless some other method be provided by by-laws or vote 
of the district. 

Section 9. The district shall, after the acceptance of this 
act as aforesaid, elect by ballot, either at the same meeting 
at which this act shall have been accepted, or thereafter, at 
an annual meeting or at a special meeting called for the pur- 
pose, three persons, inhabitants of and voters in said dis- 
trict, to hold office, one until the expiration of three years, 
one until the expiration of two years, and one until the ex- 
piration of one year, from the day of the next succeeding 
annual district meeting, to constitute a board of water com- 
missioners; and at every annual district meeting following 
such next succeeding annual district meeting one such com- 
missioner shall be elected by ballot for the term of three 
years. The date of the next annual meeting shall be fixed 
by by-law or by vote of the board of water commissioners, 
but in no event shall it be later than fifteen months subse- 
quent to the date on which the water commissioners were 
first elected. All the authority granted to said district by 
this act, except sections four and five, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to such 
instructions, rules and regulations as the district may by 
vote impose. At the meeting at which said water commis- 
sioners are first elected and at each annual district meeting 
held thereafter, the district shall elect by ballot, each for a 
term of one year, a clerk and a treasurer of the district. The 
treasurer shall not be a water commissioner, and shall give 
bond to the district in such an amount as may be approved 
by said water commissioners and with a surety company 
authorized to transact business in the commonwealth as 
surety. A majority of said water commissioners shall con- 
stitute a quorum for the transaction of business. Any va- 
cancy occurring in said board from any cause may be filled 
for the remainder of the unexpired term by said district at 
any legal meeting called for the purpose. No money shall 
be drawn from the treasury of the district on account of its 
water works except upon a written order of said water com- 
missioners or a majority of them. 

Section 10. Said board of water commissioners shall 
fix just and equitable prices and rates for the use of water, 
and shall prescribe the time and manner of payment. The 
income of the water works shall be appropriated to defray 
all operating expenses, interest charges and payments on 
the principal as they shall accrue upon any bonds or notes 
issued under authority of this act. If there should be a net 
surplus remaining after providing for the aforesaid charges, 



94 Acts, 1949. — Chap. 137. 

it may be appropriated for such new construction as said 
water commissioners may recommend, and in case a surplus 
should remain after payment for such new construction the 
water rates shall be reduced proportionately. If in any year 
there should be a deficiency of revenue, the commissioners 
shall in the following year fix the rate so as to meet such 
deficiency together with the estimated operating costs in- 
cluding interest and debt. Said commissioners shall annually, 
and as often as the district may require, render a report 
upon the condition of the works under their charge, and an 
account of their doings, including an account of receipts 
and expenditures. 

Section 11. The district may adopt by-laws, prescrib- 
ing by whom and how meetings of the district may be 
called, notified, and conducted; and, upon the application 
of ten or more legal voters in the district, meetings may also 
be called by warrant as provided in section eight. The 
district may also establish rules and regulations for the 
management of its water works, not inconsistent with this 
act or with any other provision of law, and may choose 
such other officers not provided for in this act as it may 
deem necessary or proper. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under 
this act, or wilfully or wantonly injures any reservoir, well, 
standpipe, aqueduct, pipe or other property owned or used 
by the district for any of the purposes of this act, shall 
forfeit and pay to the district three times an amount of 
damages assessed therefor, to be recovered in an action of 
tort, and upon conviction of any of the above wilful or wanton 
acts shall be punished by a fine of not more than three 
hundred dollars or by imprisonment for not more than one 
year, or both. 

Section 13. Upon a petition in writing addressed to 
said board of water commissioners requesting that certain 
real estate, accurately described therein, located in said 
town and abutting on said district and not otherwise served 
by a 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 water commissioners 
shall cause a duly warned meeting of the district to be called, 
at which meeting the voters may vote on the question of 
including said real estate within the district. If a majority 
of the voters present and voting thereon vote in the affirm- 
ative the district clerk shall within ten days file with the 
town clerk of said town and with the state secretary an 
attested copy of said petition and vote; and thereupon 
said real estate shall become and be part of the district and 
shall be holden under this act in the same manner and to 
the same extent as the real estate described in section one. 

Section 14. This act shall take full effect upon its 
acceptance by a majority vote of the voters of the territory 
included within said district by section one of this act present 



Acts, 1949. — Chap. 138. 95 

and voting thereon, by the use of a check list, at a district 
meeting called, in accordance with section eight, within 
four years after its passage. 

Section 15. Section 2 of chapter 254 of the acts of 1914, 
as amended by section 1 of chapter 339 of the acts of 1926, 
is hereby further amended by striking out, in line 2, the 
words "towns of Swansea and Dighton and their" and 
inserting in place thereof the words: — town of Dighton 
and its. 

Section 16. Section 3 of said chapter 254, as amended 
by section 2 of said chapter 339, is hereby further amended 
by striking out, in line 7, the words "towns of Somerset or 
Swansea" and inserting in place thereof the words: — town 
of Somerset. 

Section 17. Said chapter 254 is hereby further amended 
by striking out section 4, as amended by section 3 of said 
chapter 339, and inserting in place thereof the following 
section: — Section 4- Said town of Somerset shall have 
the right to lay its pipes or conduits in the town of Dighton 
along a direct road from the source of supply, in the public 
streets of such town or through private lands acquired in 
accordance with section three; provided, that no conduits 
or pipes shall be laid in a public way except under the direc- 
tion of the selectmen of said town or of the state department 
of public works in the case of a state highway; and provided, 
further, that any public way in which work is done under 
this act shall be restored by said town of Somerset to a 
condition satisfactory to said state department or to said 
selectmen, as the case may be. Approved April 4, 1949. 



C/iap. 138 



An Act relative to liabilities incurred by depart- 
ments OF certain cities and towns in cases of 
extreme emergency. 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 31, as amended by section 23 of chap- ftci! 'amended. 
ter 358 of the acts of 1946, and inserting in place thereof 
the following section: — Section 31. No department Liabilities 
financed by municipal revenue, or in whole or in part by departments 
taxation, of any city or town, except Boston, shall incur a cftiS'lnd towns 
liability in excess of the appropriation made for the use of in cases of 
such department, each item recommended by the mayor emer^noy. 
and voted by the council in cities, and each item voted by regulated. 
the town meeting in towns, being considered as a separate 
appropriation, except in cases of extreme emergency in- 
volving the health or safety of persons or property, and 
then only by a vote in a city of two thirds of the members 
of the city council, and in a town by a vote of two thirds 
of the selectmen. Payments of liabilities incurred under 
authority of this section may be made, with the written 
approval of the director, from any available funds in the 



96 



Acts, 1949. — Chaps. 139, 140. 



treasury, and the amounts of such liabilities incurred shall 
be reported by the auditor or accountant or other officer 
having similar duties, or by the treasurer if there be no 
such officer, to the assessors who shall include the amounts 
so reported in the aggregate appropriations assessed in the 
determination of the next subsequent annual tax rate, 
unless the city or town has appropriated amounts specified 
to be for such liabilities; provided, that, if proceedings are 
brought in accordance with provisions of section fifty-three 
of chapter forty, no payments shall be made and no amounts 
shall be certified to the assessors until the termination of 
such proceedings. Approved April 4, 1949. 



Chap.lS9 An Act relative to central pools of jurors summoned 

FOR attendance UPON THE SUPERIOR COURT. 



G. L. (Ter. 
Ed.). 212. 
new § 20A, 
added. 

Central pools 
of jurors for 
attendance 
upon the 
superior court, 
authorized. 



Be it enacted, etc., as follows: 

Chapter 212 of the General Laws is hereby amended by 
inserting after section 20, as appearing in the Tercentenary 
Edition, the following section: — Section 20 A. The superior 
court may in counties where more than one session is held 
simultaneously for civil or criminal business or for civil 
and criminal business require that jurors be held in a central 
pool and assigned to the several sessions in such manner 
as the court shall order. It may in its discretion order that 
writs of venire facias for jurors issue for the total number 
of jurors required for all sessions at any sitting without 
specifying therein that they are required for civil or criminal 
business. Jurors so drawn shall be subject to be used inter- 
changeably for civil or ciminal business. 

The justices of the superior court may designate not 
more than two officers appointed under section seventy of 
chapter two hundred and twenty-one to attend the central 
pool of jurors in the county for which they are appointed. 
The officers so designated shall perform their duties under 
the direction of the court, and receive such compensation 
to be paid by the county as the justices shall establish. 

Approved April 4, 1949. 



Chap.140 An Act to permit the apportionment between princi- 
pal AND INCOME OF THE EXPENSES, COSTS AND COUNSEL 
FEES OF CERTAIN FIDUCIARIES. 



G. L. (Ter. 
Ed.). 206, §16, 
etc., amended. 



Compensation 
and expenses 
of executor, 
etc. 



Be it enacted, etc., as follows: 

Chapter 206 of the General Laws is hereby amended by 
striking out section 16, as amended by chapter 36 of the 
acts of 1941, and inserting in place thereof the following 
section: — Section 16. An executor, administrator, guardian, 
conservator or trustee shall be allowed his reasonable ex- 
penses, costs and counsel fees incurred in the execution of 
his trust, and shall have such compensation for services 



Acts, 1949. — Chaps. 141, 142. 97 

as the court may allow. Such compensation, expenses, 
costs and counsel fees may be apportioned between principal 
and income as the court may determine. 

Approved April 4, 1949. 

An Act making a certain veteran of world war ii Chav.l4:l 

ELIGIBLE TO BE EXAMINED FOR REGISTRATION AS A 
QUALIFIED PHYSICIAN. 

Be it enacted, etc., as follows: 

Notwithstanding any provision of law to the contrary, 
Irving Walter Harvey, who served in the armed forces of 
the United States during World War II and has received 
an honorable discharge therefrom, and who graduated from 
a medical school in this commonwealth before June thirtieth, 
nineteen hundred and forty-eight, and who, while a resident 
of this commonwealth, served for one year prior to January 
first, nineteen hundred and forty-nine as an interne, as 
provided in section nine of chapter one hundred and twelve 
of the General Laws, shall be eligible to be an applicant for 
registration as a qualified physician, shall be examined for 
such registration by the board of registration in medicine, 
and shall be subject to and have the benefit of all pertinent 
provisions of law relative to such eligibility and examina- 
tion. Approved April 6, 1949. 

An Act providing for the acquisition, maintenance Chap. 14:2 

AND operation OF THE STEAMSHIP LINE OPERATING 
between NEW BEDFORD, FALMOUTH AND THE ISLANDS 
OF NANTUCKET AND MARTHA's VINEYARD, AND PROVIDING 
FOR THE FINANCING THEREOF. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide without delay 
adequate transportation facilities between New Bedford, 
Falmouth and the islands of Martha's Vineyard and Nan- 
tucket, without cost to the commonwealth, therefore this 
act is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public safety and 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Subdivision (b) of section 5 of chapter 544 
of the acts of 1948 is hereby amended by inserting after the 
word "amount", in hne 6, the words: — to be outstanding 
at any one time, including refunding bonds but excluding 
the bonds to be refunded thereby, — so as to read as follows: 
— (b) To issue bonds of the Authority payable solely from 
the funds herein provided for such payment for the purpose 
of paying all or any part of the cost of the project, and for 
replacements and new construction or acquisition of vessels 
and other facilities required to provide adequate service, 
the total amount to be outstanding at any one time, including 



98 Acts, 1949. — Chap. 142. 

refunding bonds but excluding the bonds to be refunded 
thereby, not to exceed six million dollars. 

Section 2. Section 9 of said chapter 544 is hereby 
amended by striking out the first paragraph and inserting 
in place thereof the following: — The revenues derived 
from the operation of the steamship line shall be set aside 
at regular intervals in the following order, in the following 
amounts and for the following purposes, all as may be pro- 
vided in the resolution authorizing the issuance of the bonds: 

First: to an operations fund, an amount sufficient to 
pay the cost of maintenance, repair and operation of the 
steamship line and to maintain working capital for such 
purposes, in the amount hereinafter estabhshed; 

Second: to the sinking fund, an amount sufficient to 
provide for the payment of the interest on and for the amorti- 
zation and payment of the principal of all bonds as the same 
shall become due and payable ; 

Third: to a replacement fund, if so provided in such 
resolution, such amount, if any, as the Authority may deem 
necessary or advisable for depreciation of property and for 
obsolescence and losses in respect to property sold, destroyed 
or abandoned; 

Fourth: to the reserve fund hereinafter established, an 
amount sufficient to maintain said fund at the amount 
originally established as hereinafter provided and thereafter 
to make any reimbursement as hereinafter provided for 
any moneys which shall have been paid by the commonwealth 
under this section; and 

Fifth: to the sinking fund, all of the remaining revenues, 
to be used within a reasonable time for the purchase or 
redemption of bonds. 

There shall be set aside from the proceeds of the bonds 
initially issued under the provisions of this act, notwith- 
standing anything to the contrary herein contained, (a) an 
amount sufficient to reimburse the commonwealth as pro- 
vided in section fifteen of this act, (6) the sum of two hundred 
thousand dollars to establish the reserve fund, and (c) a 
sum not exceeding two hundred thousand dollars to the 
operations fund for working capital. 

Section 3. The provisions of section nine of said chapter 
five hundred and forty-four, as amended by section two of 
this act, relating to the disposition of the revenues derived 
from the operation of the steamship line, shall supersede 
the discretionary power of the Authority to secure its bond 
by a trust agreement with a corporate trustee, but the 
resolution authorizing the bonds may provide for the holding 
and application of the proceeds of the bonds and said revenues 
by a depositary or fiscal agent as directed in such resolution. 

Section 4. Said chapter 544 is hereby further amended 
by striking out section 13 and inserting in place thereof the 
following section: — Section IS. The Authority is hereby 
authorized and empowered from funds provided under the 
authority of this act to purchase the entire capital stock of 



Acts, 1949. — Chap. 143. 99 

the Massachusetts Steamship Lines, Incorporated, a Mass- 
achusetts corporation, at a price and upon such terms and 
conditions as the Authority may deem proper and as may 
be agreed by it and the seller or sellers. If the Authority 
shall be unable to purchase the entire capital stock of the 
corporation it may purchase such part as is available for 
sale, but in no event less than ninety-five per cent of the 
shares of each class then outstanding. Upon such purchase, 
the Authority shall cause said corporation, after complying 
with the provisions of section forty-two of chapter one 
hundred and fifty-six of the General Laws, to transfer its 
property and assets to the Authority. 

Section 5. This act shall not affect the validity of any 
and all acts of the Authority and of the Massachusetts 
Steamship Lines, Incorporated, performed under the provi- 
sions of section thirteen of chapter five hundred and forty- 
four of the acts of nineteen hundred and forty-eight or any 
rights which may have been acquired under said section. 

Approved April 7, 1949. 



An Act establishing in the town of framinoham 
representative town government by limited town 
meetings. 

Be it enacted, etc., as follows: 

Section L There is hereby established in the town of 
Framingham the form of representative town government 
by limited town meetings hereinafter set forth. 

Section 2. Upon the acceptance of this act by said 
town, as hereinafter provided, the selectmen shall forthwith 
divide the territory thereof into eight voting precincts, each 
of which shall be plainly designated and shall contain ap- 
proximately an equal number of registered voters. The 
precincts shall be so established as to consist of compact 
and contiguous territory to be bounded, as far as possible, 
by the center line of known streets and ways or by other 
weU-defined limits. The boundaries shall be reviewed and, 
if need be, wholly or partly revised by the selectmen in 
May, once in five years, or in J\iay of any year when so 
directed by a vote of a representative town meeting held 
not later than April twentieth of that year. 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 description of the precincts and the names 
and residences of the registered voters therein. The select- 
men shall also cause to be posted in the memorial building 
a map or maps or description of the precincts as established 
or revised from time to time, or cause the same to be pub- 
lished in a newspaper published in the town. The division 
of the town into voting precincts and any revision of such 
precincts shall take effect upon the date of the filing of the 



Chap.US 



100 Acts, 1949. — Chap. 143. 

report thereof by the selectmen with the town clerk. When- 
ever the precincts are established or revised, the town clerk 
shall forthwith give written notice thereof to the state 
secretary, stating the number and designation of precincts. 
Meetings of the registered voters of the several precincts 
for elections or primaries and for voting on any question 
to be submitted to all the registered voters of the town shall 
be held simultaneously and at such place or places within 
the town as the selectmen shall in the warrant for such 
meeting direct. The provisions of the general laws relating 
to precinct voting at elections, so far as the same are not 
inconsistent with this act, shall apply to all elections and 
primaries in the town upon the establishment of voting 
precincts as above provided. 

Section 3. Upon the acceptance of this act by the town 
and after the establishment of precincts as provided in 
section two, the registered voters in every precinct, at an 
election to be held on the first Monday of the March follow- 
ing such acceptance, and at elections held on the first Monday 
of March of each second year thereafter, shall elect by ballot 
twenty-five registered voters resident in the precinct, other 
than persons elected or appointed to some other town office, 
to be members of the representative town meeting for a 
term of two years. The town clerk shall after every election 
of town meeting members, forthwith notify each member 
by mail of his election. 

Section 4. Nominations of candidates for town meeting 
members to be elected under this act shall be made by 
nomination papers, which shall bear no political designation, 
shall be signed by not less than twenty-five voters in the 
precinct in which the candidate resides, and shall be filed 
with the town clerk no later than five o'clock post meridian 
on the fourth Monday preceding the election. No nomination 
papers shall be valid in respect to any candidate whose 
written acceptance is not thereon or attached thereto when 
filed, or which purport to nominate a person elected or ap- 
pointed to some other town office. 

Section 5. A town meeting member may resign by 
filing a written resignation with the town clerk and such 
resignation shall take effect on the date of such filing. A 
town meeting member who removes from the town or who 
is elected or appointed to any other town office shall cease 
to be a town meeting member. Notice of any vacancy in 
the full number of town meeting members from any precinct 
shall be given at once by the town clerk to the remaining 
members from that precinct and he shall call a special 
meeting of the remaining members from that precinct, not 
less than five nor more than fourteen days later, at a time 
and at a'^ place within the town to be designated by him, 
for the purpose of filling such vacancy. At said special 
meeting a majority of said remaining members shall con- 
stitute a quorum. The choice to fill any vacancy shall be 
by ballot, and a plurality of the votes cast shall be required 



Acts, 1949. — Chap. 143. 101 

for a choice. The town clerk shall count the ballots, make 
a certificate of the choice, and notify the person so chosen; 
and, upon receipt by the town clerk of a written acceptance 
by the person so chosen, that person shall be deemed elected 
and qualified as a town meeting member, subject to the 
right of all the town meeting members to judge of the election 
and qualification of members, as provided in section six. 

Section 6. The towa clerk shall notify the town meeting 
members of the time and place at which town meetings are 
to be held, the notices to be sent by mail at least seven 
days before the meeting. The town meeting members, as 
aforesaid, shall be the judges of the election and qualifications 
as set forth in this act, of their members. Eighty town 
meeting members shall constitute a quorum for doing busi- 
ness, but a less number may organize temporarily and may 
adjourn from time to time. All town meetings shall be 
public. Town meeting members as such shall receive no 
compensation. Subject to such conditions as may be deter- 
mined from time to time by the members of the representa- 
tive town meeting, any registered voter of the town, although 
not a town meeting member, shall have the right to speak 
at least once on any matter coming before any town meeting, 
but only elected town meeting members shall vote on such 
matters. 

Section 7. It shall be the duty of the chairman of each 
board or committee of the town, elected or appointed, the 
head of each department, and the town counsel to attend 
throughout that part of each town meeting at which matters 
other than those to be acted upon and determined otherwise 
than by ballot are to be considered. 

Section 8. The articles in the warrant for every town 
meeting, so far as they relate to the election of town officers 
and town meeting members, and, as herein provided, to 
referenda, and all matters to be acted upon and determined 
by ballot, shall be so acted upon and determined by the 
registered voters of the town in their respective precincts. 
All other articles in the warrant for any town meeting, 
beginning with the town meeting at which said town meet- 
ing members are first elected, shall be acted upon and deter- 
mined exclusively by town meeting members at a meeting 
to be held at such time and place as shall be set forth by the 
selectmen in the warrant for the meeting, subject to the 
referendum provided for by section nine hereof. 

Section 9. No vote, except a vote to adjourn or au- 
thorizing the borrowing of money in anticipation of the 
receipt of taxes for the current year, passed at any repre- 
sentative town meeting shall be operative until the expiration 
of five days, exclusive of Sundays and holidays, from the 
dissolution of the meeting. If, within said five days, a 
petition, signed by not less than five per cent of the registered 
voters in the town, containing their names and addresses 
as they appear on the list of registered voters, is filed with 
the selectmen, asking that the question or questions involved 



102 Acts, 1949. — Chap. 144. 

in such vote be submitted to the registered voters of the town 
at large, then the selectmen, after the expiration of five 
daj^s, shall forthwith call a special meeting for the sole 
purpose of presenting to the registered voters at large the 
question or questions so involved. The polls shall be opened 
at twelve o'clock noon and shall be closed not earlier than 
eight o'clock in the evening, and all votes upon any question 
so submitted shall be taken by ballot and the check list 
used in the several precinct meetings in the same manner 
as in the election of town officers. The questions so sub- 
mitted shall be determined by vote of the same proportion 
of voters at large voting thereon as would have been re- 
quired by law of the town meeting members, had the ques- 
tion been finally determined at a representative town meeting. 
The questions so submitted shall be stated upon the ballot 
in substantially the same language and form in which they 
were stated when presented to the representative town 
meeting by the moderator and as appears from the records of 
said meeting. If such a petition is not filed within said 
period of five days, the vote of the representative town 
meeting shall become operative and effective at the expiration 
of said period. 

Section 10. This act shall be submitted to the registered 
voters of the town of Framingham for acceptance at the 
biennial state election in the year nineteen hundred and 
fifty 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 passed by the general court 
in the year nineteen hundred and forty-nine, entitled 'An 
Act establishing in the town of Framingham representative 
town government by limited town meetings', be accepted 
by this town?" If a majority of the voters voting on this 
question shall vote in the affirmative, this act shall take 
effect forthwith so far as it relates to dividing the territory 
of the town into eight precincts as provided in section two 
of this act; and so far as it relates to the election of town 
meeting members, it shall take effect for the purposes of 
the town election to be held on the first Monday of March 
thereafter and for all things pertaining thereto. 

Approved April 7, 1949. 



Chap. 144 -^^ ^^'^ AUTHORIZING THE TOWN OF WARE 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 
Ware may borrow from time to time within a period of three 
years from the passage of this act such sums as may be 
necessary, not exceeding, in the aggregate, three hundred 
thousand dollars, and may issue bonds or notes therefor, 



Acts, 1949. — Chaps. 145, 146. 103 

which shall bear on their face the words, Ware School Loan, 
Act of 1949. 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 
(ieneral 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 8, 1949. 



An Act authorizing the town of Norton to borrow (JJ^Qy 145 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing additions 
to the elementary school building, and originally equipping 
and furnishing said additions, the town of Norton 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 of the town therefor which 
shall bear on their face the words, Norton School Loan, 
Act of 1949. 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 of indebtedness 
and shall, except as herein provided, be subject to chapter 
forty-four of the General Laws exclusive of the limitation 
contained in the first paragraph of section seven thereof. 

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

Approved April 8, 1949. 



An Act relative to the appropriation of money by 

THE town of EDGARTOWN FOR ADVERTISING THE TOWN 
AND FOR PUBLIC ENTERTAINMENTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Edgartown may, by a two 
thirds vote, at an annual or special town meeting, after 
due legal notice thereof in the warrants under which said 
meetings are called, appropriate annually a sum not ex- 
ceeding three thousand dollars for the purpose of advertising 
the advantages of the town and for providing amusement or 
entertainments of a public character. 

Section 2. Chapter 97 of the acts of 1913 is hereby 
repealed. 

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

Approved April 8, 1949. 



Chap, 146 



104 Acts, 1949. — Chaps. 147, 148, 149. 

Chap. 147 ^^ -^CT AUTHORIZING THE TOWN OF SHARON TO FURNISH 
AND SELL WATER TO THE TOWN OF CANTON AND TO PUR- 
CHASE WATER FROM THE TOWN OF FOXBOROUGH AND 
AUTHORIZING THE TOWN OF FOXBOROUGH TO PURCHASE 
WATER FROM THE TOWN OF SHARON. 

Be it enacted, etc., as follows: 

Section 1. The town of Sharon may furnish and sell 
water to the town of Canton, which is hereby authorized 
to purchase water so sold. 

Section 2. The town of Sharon may purchase water 
from the town of Foxborough, which is hereby authorized 
to furnish and sell water so purchased. 

Section 3. The town of Foxborough may purchase 
water from the town of Sharon, which is hereby authorized 
to furnish and sell water so purchased. 

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

Approved April 8, 1949. 



Chap.l4S An Act authorizing the appointment as special police 

OFFICERS OF EMPLOYEES OF THE PORT OF BOSTON AU- 
THORITY. 

'^re'Imbb*'^ T^'/iereas, The deferred operation of this act would tend 

to defeat its purpose, which is in part to provide for the 
appointment without delay of the police officers referred to 
therein, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
safety and convenience. 

Be it enacted, etc., as follows: 

Ed V' 147'^' Chapter 147 of the General Laws is hereby amended by 

new § loA, inserting after section 10 the following section : — Section 
E^l^hi eesof ^^A. The commissiouer may, at the request of the Port of 
Port of Boston BostoH Authority, appoint as special police officers em- 
he'app'ointwf^ ployces of Said Authority. Such special police officers shall 
social poiico serve for one year, subject to removal bj^ the commissioner, 
and they shall have the same power to make arrests as the 
state police for any criminal offence committed in or upon 
lands, piers or structures within the charge of said Authority. 
They shall report to the coromissioner as to their official 
acts at such times and in such manner as he may require. 
They shall serve without pay, except their regular compen- 
sation as employees of said Authority, and they shall receive 
no fees for services or return of any criminal process. 

Approved April 8, 1949. 

Chap.l4:9 An Act repealing certain provisions of law RELATIVE 
TO FISHIN(; in a certain LAKE IN THE TO W.N OF WEBSTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter 110 of the acts of 1896, as amended 
by chapter 392 of the acts of 1914, relative to fishing in Lake 



Acts, 1949. — Chaps. 150, 151. 105 

Ghaubunagiingamaug, more commonly known and truly 
named Lake Chargoggagoggmanchauggagoggchaubunagun- 
gamaugg, in the town of Webster, is hereby repealed. 
Section 2. This act shall take effect upon its passage. 

Approved April 8, 1949. 

An Act validating the action of a special town meet- nhd^ 15Q 

ING OF THE INHABITANTS OF THE TOWN OF CARVER HELD ON ' ^' 
NOVEMBER THIRTIETH, NINETEEN HUNDRED AND FORTY- 
EIGHT. 

Be it enacted, etc., as folloivs: 

Section 1. The action of the town of Carver whereby it 
voted at a town meeting held on November thirtieth, nine- 
teen hundred and forty-eight to accept the offer of the Union 
Cemetery of South Carver to transfer to said town and said 
town to receive, hold and maintain the property of said 
cemetery corporation, as authorized by chapter one hundred 
and seventy-three of the acts of nineteen hundred and forty- 
eight, is hereby validated and confirmed in so far as such 
action may be invalid by reason of the fact that said accept- 
ance was not voted within six months of the effective date 
of said chapter one hundred and seventy-three. 

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

Approved April 8, 1949. 



An Act authorizing the city of north adams to appro- Qho^ 151 

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 author- 
ized to appropriate money for the payment of, and after 
such appropriation the treasurer of said city is hereby au- 
thorized to pay, such of the unpaid bills incurred by said 
city and totalling eight hundred and eighty-one dollars and 
eighty 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 avail- 
able appropriations or by reason of the failure of said city to 
comply with the provisions of its charter, and as are certi- 
fied for payment by the heads of the departments wherein 
the bills were contracted ; provided, that the money so appro- 
priated 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 oiE- 



106 



Acts, 1949. — Chap. 152. 



cial 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 eft'ect upon its passage. 

Approved April 8, 194-9. 



Emergency 
preamble. 



Chap.152 An Act further regulating the holding of town 

MEETINGS. 

Whereas, The deferred operation of this act would 
tend to defeat its purpose, which in part is to make its 
provisions apply to town meetings in the current year, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1, Section 10 of chapter 39 of the General 
Laws, as most recently amended by chapter 182 of the 
acts of 1939, is hereby further amended by inserting after 
the third sentence the following : — The town meeting 
may be held in not more than two places; provided, that 
the two places are connected by means of a public address 
system and loud speakers so that the proceedings in both 
places may be heard and participated in by all the voters 
present in both places. 

Section 2. Section 14 of said chapter 39, as amended, 
is hereby further amended by adding at the end the fol- 
lowing paragraph : — 

If, as provided for in section ten, a town meeting is 
held in separate places equipped with a pubhc address 
system and loud speaker facilities, the moderator may 
appoint an assistant moderator to preside at the place 
of meeting whereat the moderator is not present. The 
assistant moderator shall have all the powers vested by 
law in the moderator to preside at and regulate the pro- 
ceedings in the meeting at which he presides except that 
he shall not recognize any citizen desiring to address the 
meeting except after first obtaining permission of the 
moderator. Approved April 8, 1949. 



G. L. (Ter. 
Ed.), 39, § 10, 
etc., amended. 



Town meeting 
may be held 
in more than 
one place under 
certain condi- 
tions. 



G. L. (Ter. 
Ed.), 39, § 14, 
etc., amended. 



Assistant mod- 
erator may be 
appointed to 
act as mod- 
erator under 
certain con- 
ditions. 



Acts, 1949. — Chaps. 153, 154. 107 



An Act extending the time within which the town of Qhn^ 1 53 

HANSON MAY BORROW MONEY FOR THE CONSTRUCTION ^' 

AND FURNISHING OF A NEW SCHOOL BUILDING, AND IN- 
CREASING THE AMOUNT WHICH MAY BE SO BORROWED. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 395 of the acts of 1947 
is hereby amended by striking out, in hne 4, the word "five" 
and inserting in place thereof the word : — seven, — and 
by striking out, in hne 5, the words "one hundred" and 
inserting in place thereof the words : — three hundred and 
fifty, — so as to read as follows : — Section 1 . For the 
purpose of constructing and originally equipping and fur- 
nishing a school building, the town of Hanson may borrow, 
from time to time, within a period of seven years from the 
passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate, three hundred and fifty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Hanson School Loan, Act of 
1947. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit but shall, except 
as provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved April 8, 1949. 

An Act authorizing the town of hawley to borrow (J}iQ/n 154 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling and construct- 
ing additions to schoolhouses, including the original equip- 
ment and furnishing of said additions, the town of Hawley 
may borrow from time to time within a period of five years 
from the passage of this act such sums as may be necessary, 
not exceeding in the aggregate twenty thousand dollars, 
and may issue bonds or notes of the town which shall bear 
on their face the words Hawley School Loan, Act of 1949. 
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 the applicable provisions of 
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 8, 19^9. 



108 Acts, 1949. — Chaps. 155, 156. 



ChaV.155 ^'^ -^CT TO AUTHORIZE THE TOWN OF SALISBURY TO BORROW 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing a new school 
building and originally equipping and furnishing the same, 
or for constructing an addition to the present elementary 
school building and for originally equipping and furnishing 
said addition, the town of Salisbury 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, two hundred thousand dollars, 
and may issue bonds or notes of the town therefor which 
shall bear on their face the words, Salisbury School Loan, 
Act of 1949. 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 of 
indebtedness and shall, except as herein provided, be subject 
to chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved April 8, 1949. 



C/ia». 156 ^^ ^^'^ RELATIVE TO THE FILLING AND LEVELLING OF THE 
SITES OF DEMOLISHED OR REMOVED BUILDINGS OR 
STRUCTURES. 

Be it enacted, etc., as follows: 

Ed> n^' Section L Chapter 111 of the General Laws is hereby 

new § 128A, amended by inserting after section 128 the following section: 
fitird of — Section 128A. The board of health may adopt and, from 

health may time to time, revise regulations requiring that the site of a 
euf^*^ Sils demolished or removed building or structure be levelled to 
buUdi^gi^*'^'^ uniform grade by a sanitary fill proper to prevent rodent 

harborage and other insanitary conditions. 
EdKU3.%7. Section 2. Section 7 of chapter 143 of the General 
ameAded.' ' Laws, as appearing in the Tercentenary Edition, is here- 
by amended by adding at the end the following sentence: 
Site of a — If such a buildiug or structure is taken down or re- 

buud/ni'shaii moved, the lot shall be levelled to uniform grade by a 
be^ieveiied. proper Sanitary fill to cover any cellar or foundation hole 

and any rubble not removed. 
Ed)" 143% 3 Section 3. The first paragraph of section 3 of said 
etc!, 'amended! chapter 143, as amended by section 2 of chapter 363 of 
the acts of 1946, is hereby further amended by inserting 
after the word "repair" in fine 8 the words: — , demoli- 
cities and ^ion, removal, — so as to read as follows : — Every city, 
reJXtT''^ subject to the provisions of its charter and of any 
re^Ke-"*"' amendments thereto, and of any special law, relative to 
moyai' etc., of (,^6 enactment of ordinances, and every town, for the 

buildings, etc. 



Acts, 1949. — Chaps. 157, 158. 109 

prevention of fire and the preservation of life, health and 
morals, by ordinances or by-laws consistent with law and 
applicable throughout the whole or any defined part of its 
territory, may regulate the inspection, materials, con- 
struction, alteration, repair, demolition, removal, height, 
area, location and use, and may require permits or licenses 
therefor, of buildings and other structures within its limits, 
except such as are owned or occupied by the United States, 
or owned or occupied by the commonwealth or by any 
county, and except bridges, quays and wharves, and may 
prescribe penalties not exceeding one hundred dollars 
for every violation of such ordinances or by-laws. 

Section 4. Said section 3 of said chapter 143 is g. l. (Ter. 
hereby further amended by adding at the end the fol- tother^^' * ^' 
lowing paragraph : — amended. 

The officer or board charged with the duty of issuing Licensing 
permits or licenses for the demolition or removal of a req^^fteof 
building or structure situated at a site for which no ^,^^0^^^***^ 
building permit for re-use of the land has been issued, leveUed. 
shall require the lot to be levelled to uniform grade by 
a proper sanitary fill to cover any cellar or foundation 
holes and any rubble not removed. 

Section 5. Section 9 of said chapter 143, as amended e^V'i«%9 
by section 2 of chapter 697 of the acts of 1945, is hereby etc., 'amended, 
further amended by inserting after the first sentence the 
following sentence : — In the case of such demolition, Building in- 
the inspector of buildings shall cause such lot to be levelled hal''e°ot**' 
to uniform grade by a proper sanitary fill. levelled. 

Approved April 8, 1949. 

An Act relative to certain property in the town of QJidj) 157 

WALPOLE which WAS SOLD AND CONVEYED TO SAID TOWN ^' 

BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1 of chapter 376 of the acts of 1948 is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following sentence : — Said property shall 
only be used, let, leased or sold for veterans' housing pur- 
poses, or to provide suitable headquarters for any veterans' 
organization for which the town now is authorized to fur- 
nish headquarters, and conveyed by a deed or deeds ap- 
proved as to form by the attorney general. 

Approved April 8, 1949. 

An Act to authorize the town of east longmeadow Q^dj) \kq 

TO BORROW MONEY FOR THE PURPOSE OF CONSTRUCTING, ^' 

EQUIPPING AND FURNISHING SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For! the purpose of constructing and origi- 
nally equipping and furnishing new school buildings, the town 
of East Longmeadow may borrow, from time to time, within 



no Acts, 1949. — Chap. 159. 

a period of five years from the date on which this act becomes 
fully effective as provided in the following section, 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, 
East Longmeadow School Building Loan, Act of 1949. 
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 pro- 
vided 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 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-nine, entitled, 
'An Act to authorize the town of East Longmeadow to 
borrow money for the purpose of constructing, equipping 
and furnishing school buildings', be accepted?" If a ma- 
jority of the votes in answer to said question is in the affirm- 
ative, then the act shall thereupon become fully effective, 
but not otherwise. Approved April 8, 1949. 

Chap.159 An Act authorizing the transfer of certain land 

ON CHURCH STREET IN THE CITY OF BOSTON FROM THE 
SCHOOL DEPARTMENT TO THE PUBLIC WELFARE DEPART- 
MENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Boston 
is hereby authorized to transfer to the overseers of the pubhc 
weKare of said city, acting as a department of said city, 
control and charge of any part or parts or the whole of the 
parcel of land containing approximately fifty-three hundred 
and twenty-eight square feet situated on the southwesterly 
side of Church street, between Fayette and Knox streets, 
in said city, and held by said city for school purposes. Said 
transfer shall take effect upon acceptance thereof by vote 
of said overseers of the public weKare. Thereafter so much 
of said land as is transferred hereunder shall be under the 
control and charge of said overseers of the public welfare 
and shall be held like any land held by said city for the pur- 
poses of its public welfare department. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved April 8, 1949. 



Acts, 1949. — Chaps. 160, 161. HI 

An Act changing the name of the brookline street- Chav. 160 

ESSEX STREET-COTTAGE FARM BRIDGE OVER THE CHARLES 
RIVER BASIN BETWEEN THE CITIES OF BOSTON AND CAM- 
BRIDGE TO BOSTON UNIVERSITY BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The Brookline Street-Essex Street-Cottage 
Farm bridge, known as Cottage Farm bridge, and crossing 
the Charles river basin from Boston to Cambridge, shall 
hereafter be known, designated and called the Boston Uni- 
versity bridge. 

Section 2. The metropolitan district commission, having 
charge of the support, management and repair of said bridge, 
is hereby authorized and directed to place upon said bridge 
in a conspicuous place a tablet or marker dedicated to 
Boston University. Approved April 8, 1949. 

An Act providing for a limitation of the term of a rjJid'n i gi 
person elected to fill a vacancy in the school ^' 

committee of the city of GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section 25 of chapter 611 of the acts of 1908 
is hereby amended by striking out, in line 5, the words 
"for the unexpired term" and inserting in place thereof the 
words : — until the next municipal election when the voters 
shall elect a person for the balance of the unexpired term, 
— so as to read as follows : — Section 25. If there is a 
vacancy in the school committee by failure to elect or other- 
wise, the municipal council and the remaining members of 
the school committee shall meet in joint convention and 
elect a suitable person to fill the vacancy until the next 
municipal election when the voters shall elect a person for 
the balance of the unexpired term. The mayor, if present, 
shall preside at such convention. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Gloucester at its 
regular city election in the current year in the form of the 
following question which shall be placed upon the official 
ballot to be used at said election: — "Shall an act passed 
by the general court in the year nineteen hundred and forty- 
nine, entitled ' An Act providing for a limitation of the term 
of a person elected to fill a vacancy in the school committee 
of the city of Gloucester', 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 April 8, 1949. 



112 Acts, 1949. — Chaps. 162, 163, 164. 



Chap. 162 An Act authorizing the restoration of martin j. 
CtAughan to the eligible list for police officers in 
the city of holyoke. 

Be it enacted, etc., as follows: 

Section 1. The director of civil service is hereby au- 
thorized and directed, upon the request of the mayor of the 
city of Holyoke, to restore Martin J. Gaughan to the eligible 
list for police officers in the police department of said city 
without examination and in accordance with the civil serv- 
ice law and rules, if and when an eligible list is established 
for said city. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved April 8, 1949. 

Chap.l6d An Act authorizing cities and towns to make appropri- 
ations FOR THE suppression AND ERADICATION OF 
RAGWEED. 

Be it enacted, etc., as follows: 

EdVlo^'so Section 5 of chapter 40 of the General Laws, as amended, 

etc., 'amended, is hereby further amended by inserting after clause (36) the 

following clause : — 

towasmay (36A) For acquiring information regarding the growth 

appropriate of ragwecd within its limits and for doing such things as are 

"adiTatro'n considcrcd necessary to suppress, eradicate and destroy 

of ragweed. ragwecd. Such appropriations shall be expended under the 

direction of such department as may be designated by the 

town meeting in a town or the city council in a city. Duly 

authorized officials of any city or town in which such 

appropriations are voted, or their agents, representatives or 

employees, may enter upon land within the limits thereof 

to carry out the purposes for which such appropriations 

are voted. Approved April 8, 1949. 



Chap. 164: An Act authorizing the county commissioners of 

HAMPSHIRE COUNTY TO EXPEND MONEY FOR ADVERTISING 
THE RECREATIONAL, INDUSTRIAL AND AGRICULTURAL AD- 
VANTAGES OF THE COUNTY. 

Be it enacted, etc., as follows: 

Section 1 of chapter 105 of the acts of 1939 is hereby 
amended by inserting after the word "recreational", in 
line 2, the words : — , industrial and agricultural, — so 
that the first sentence will read as follows: — The county 
commissioners of Hampshire county, for the purpose of 
advertising the recreational, industrial and agricultural 
advantages of said county, may expend such sums, not 
exceeding, in the aggregate, five thousand dollars in any 



Acts, 1949. — Chaps. 165, 166. 113 

one year, as may be appropriated therefor; provided, that 
such expenditures from money so appropriated shall not at 
any time be more than the sum which shall have been con- 
tributed by public subscription or by donation deposited 
with the county treasurer for the purpose aforesaid. 

Approved April 8, 1949. 



An Act authorizing the county commissioners of nhnrt 165 

FRANKLIN COUNTY TO EXPEND MONEY FOR ADVERTISING ^' 
THE RECREATIONAL, INDUSTRIAL AND AGRICULTURAL 
ADVANTAGES OF THE COUNTY. 

Be it enacted, etc., as follows: 

Section 1 of chapter 106 of the acts of 1939 is hereby 
amended by inserting after the word "recreational", in 
line 2, the words: — , industrial and agricultural, — so 
that the first sentence will read as follows : — The county 
commissioners of Franklin county, for the purpose of ad- 
vertising the recreational, industrial and agricultural ad- 
vantages of said county, may expend such sums, not 
exceeding, in the aggregate, five thousand dollars in any 
one year, as may be appropriated therefor; provided, that 
such expenditures from money so appropriated shall not 
at any time be more than the sum which shall have been 
contributed by public subscription or by donation deposited 
with the county treasurer for the purpose aforesaid. 

Approved April 8, 1949. 



An Act authorizing the county commissioners of 
hampden county to expend money for advertising 
the recreational, industrial and agricultural 
advantages of the county. 

Be it enacted, etc., as follows: 

Section 1 of chapter 107 of the acts of 1939 is hereby 
amended by inserting after the word "recreational", in 
line 2, the words: — , industrial and agricultural, — so 
that the first sentence will read as follows : — The county 
commissioners of Hampden county, for the purpose of 
advertising the recreational, industrial and agricultural 
advantages of said county, may expend such sums, not 
exceeding, in the aggregate, five thousand dollars in any 
one year, as may be appropriated therefor; provided, that 
such expenditures from money so appropriated shall not 
at any time be more than the sum which shall have been 
contributed by public subscription or by donation deposited 
with the county treasurer for the purpose aforesaid. 

Approved April 8, 1949. 



C/iap. 166 



114 



Acts, 1949. — Chaps. 167, 168, 169, 170. 



Chap. 1Q7 -^N -^CT RELATIVE TO LEAVES OF ABSENCE OF PERMANENT 

CIVIL SERVICE EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 15D of chapter 31 of the General Laws, inserted 
by section 5 of chapter 704 of the acts of 1945, is hereby 
amended by striking out the paragraph defining the word 
"Absence" and inserting in place thereof the following para- 
graph:— 

"Absence", as used in this section, shall not include ab- 
sence because of military service or illness, absence on edu- 
cational leaves or absence on leaves of absence in heu of 
lay-off resulting from lack of work or lack of money. 

Approved April 8, 1949. 



G. L. (Ter. 
Ed.), 31, 
§ 15D, etc., 
amended. 



" Absence" 
defined. 



Chap. 168 An Act repealing certain temporary provisions of law 

RELATING TO TRANSFERS OF CIVIL SERVICE EMPLOYEES. 

Be it enacted, etc., as follows: 

Chapter 492 of the acts of 1943 is hereby repealed. 

Approved April 8, 1949. 



Chap.lQ9 An Act repealing certain temporary provisions of the 

CIVIL SERVICE LAW RELATING TO APPOINTMENTS AND PRO- 
MOTIONS THEREUNDER DURING THE WAR EMERGENCY. 

Be it enacted, etc., as follows: 

Sections 3A, 3B and 3C of chapter 708 of the acts of 1941, 
inserted by section 2 of chapter 610 of the acts of 1945, are 
hereby repealed. Approved April 8, 1949. 



G. L. (Ter. 
Ed.), .31, § 43, 
etc., amended. 



Chap. 170 An Act clarifying the civil service law relating to 

SEPARATION FROM THE OFFICIAL OR LABOR SERVICE RE- 
SULTING FROM LACK OF WORK OR LACK OF MONEY OR FROM 
ABOLITION OF POSITIONS. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (a) of section 43 of chapter 31 of 
the General Laws, as appearing in section 1 of chapter 373 
of the acts of 1947, is hereby amended by striking out, in 
hues 18 and 19, the words "otherwise expressly provided 
in this chapter" and inserting in place thereof the words: 
— , except in cases of separation from service in the official 
or labor service, resulting from lack of work or lack of money 
or from abolition of positions, in which case at least seven 
days' written notice of hearing shall be given by the appoint- 
ing authority, — so as to read as follows: — (a) Every per- 
son holding office or employment under permanent appoint- 
ment in the official or labor service of the commonwealth, 
or of any county, city or town thereof, shall have unlimited 
tenure of office or employment, subject to the provisions of 



Removal, 

suspension, 
reduction in 
grade or trans- 
fer of certain 
persons in 
classified pub- 
lic service. 



Acts, 1949. — Chap. 170. 115 

this chapter and the rules made thereunder. He shall not 
be discharged, removed, suspended for a period exceeding 
three days, laid off, transferred from such office or employ- 
ment without his consent, lowered in rank or compensation, 
nor shall his office or position be abolished, except for just 
cause and for reasons specifically given him in writing, to- 
gether with a copy of sections forty-three and forty-five of 
this chapter. Before any action affecting employment or 
compensation referred to in the preceding sentence is taken, 
the officer or employee shall be given a full hearing before 
the appointing authority, of which hearing he shall have at 
least three days' written notice, exclusive of Sundays and 
holidays, from the appointing authority, except in cases of 
separation from service in the official or labor service, result- 
ing from lack of work or lack of money or from abolition of 
positions, in which case at least seven days' written notice of 
hearing shall be given by the appointing authority. Within 
two days, exclusive of Sundays and holidays, after comple- 
tion of said hearing, the appointing authority shall give to 
the employee affected a written notice of his decision, stating 
fully and specifically the reasons therefor. 

Section 2. Section 46G of said chapter 31, as most g. l. (Ter. 
recently amended by section 9 of chapter 704 of the acts of § 46a etc., 
1945, is hereby further amended by striking out, in line 9 amended. 
and in line 20, the word "point" and inserting in place 
thereof, in each instance, the word : — length, — so as to 
read as follows : — Section IfiG. If the separation from Reinstatement 
service of persons in the official or labor service results from pj °*e^e7 ®™' 
lack of work or lack of money or from abolition of positions, 
they shall be separated from service by class and grade, 
except as hereinafter provided, and be reinstated therein in 
the same position or in a similar position as that formerly 
held by them, according to their seniority in the service, so 
that the senior officers or employees in length of service 
shall be retained the longest and reinstated first and before 
any certification of new names. Before any action is taken 
to effect such a separation from service of any officer or em- 
ployee, seven days' written notice thereof shall be given to 
him by the appointing authority. 

If before action is taken to effect such a separation and 
within said seven days an officer or employee files his written 
consent with the appointing officer, he shall be demoted to 
the next lower grade or grades in succession in the official 
service or to the next lower class or classes in succession in 
the labor service, if in such lower grades or classes there is 
an officer or employee junior to him in length of service. As 
soon as sufficient work or money is available, officers or em- 
ployees so demoted shall be restored to the grade or class 
formerly held hy them, according to their seniority. 

Nothing in this section shall impair the preference pro- 
vided for disabled veterans by section twenty-three. 

Approved April 8, 1949. 



116 



Acts, 1949. — Chaps. 171, 172, 173. 



G. L. (Ter. 
Ed.), 231, 
new I 125A, 
added. 

Further report 
of facts on 
appeal in 
equity or 
probate cases. 



Chap. 171 An Act relative to the further report of material 

FACTS IN EQUITr AND PROBATE APPEALS WHERE THE 
EVIDENCE IS NOT REPORTED. 

Be it enacted, etc., as follows: 

Section 1. Chapter 231 of the General Laws is hereby 
amended by inserting after section 125 the following sec- 
tion: — Section 125 A. Upon appeal in any case, in equity 
or probate, where the evidence is not reported, the full court, 
if of opinion that a report of material facts required by or 
made under section twenty-three of chapter two hundred 
and fourteen, or section eleven of chapter two hundred and 
fifteen is not sufficient to enable the court properly to adjudi- 
cate the subject matter involved, may in its discretion, by 
order transmitted to the trial court, direct the justice, or 
judge, to make such further report of facts as the full court 
shall deem necessary. Upon compliance with such direc- 
tion, seven typewritten copies of such further report shall 
be filed by the clerk or register with the clerk of the supreme 
judicial court for the commonwealth for the use of the full 
court. 

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

Approved April 12, 1949. 

Chap. 172 An Act relative to the granting of vacations for 
members of the regular or permanent police and 
fire forces in certain cities and towns. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is in part to make available to 
certain police officers and firemen the benefits thereof dur- 
ing the vacation period in the current year, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by 
striking out section 11 lA, as amended by chapter 107 of 
the acts of 1934, and inserting in place thereof the follow- 
ing: — Section 111 A. In any city or town which accepts 
this section, all members of its regular or permanent police 
or fire force shall be granted a vacation of not less than two 
weeks during each year of their employment, without loss 
of pay. Section one hundred and eleven shall not apply 
to the members of the regular or permanent poUce or fire 
force in any such city or town. Approved April 12, 1949. 

Chap. 17S An Act providing for the promotion of george f. 
keegan to the position of commercial motor ve- 
hicle investigator in the department of public 
utilities. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is in part to make the promotion 



Emergency 

preamble. 



G. L. (Ter. 
Ed.), 41. 
§ UlA. etc., 
amended. 

Vacations for 
regular or 
permanent 
police and 
firemen. 



Emergency 
preamble. 



Acts, 1949. — Chap. 174. 117 

authorized thereby effective without delay, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any provisions of chapter thirty-one of 
the General Laws, upon a requisition being made by the 
appointing authority of the department of public utilities, 
George F. Keegan, a commercial motor vehicle examiner in 
said department, shall be certified for promotion to the po- 
sition of commercial motor vehicle investigator in said de- 
partment by the director of civil service. 

Approved April 12, 1949. 

An Act authorizing cities and towns to form districts nhn^ 1 74 

AND POOL their EXPENDITURES FOR THE SUPPRESSION ^' 

OF GYPSY MOTHS AND SIMILAR PUBLIC NUISANCES. 

Whereas, The deferred operation of this act would tend ^^^^^1°"^ 
to defeat its purpose, which is to enable the public authorities ^'^*™ 
to proceed immediately for the purpose of eradicating insect 
pests, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
safety and convenience. 

Be it enacted, etc., as follows: 

Chapter 132 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 18, as most recently amended by ne*^;?5\^|A, 
section 14 of chapter 660 of the acts of 1948, the following added, 
section: — Section 18 A. Two or more cities or towns in cities and 
any county, or two or more cities and towns of two or more fom^di^tncts 
contiguous counties, may, in a city by vote of the city council for suppression 
thereof, and in a town by vote of the town, with the per- mo^h^fetc. 
mission of the chief moth superintendent, and upon approval 
of the commissioner, form a district for the purpose of com- 
bining their efforts in the suppression of the insect pests 
described as public nuisances in section eleven, and may 
combine and pool and pay over to the district treasurer 
provided for by this section their appropriations made for 
such purpose and all payments made by the commonwealth 
to such cities and towns, together with any sums received 
from the federal government or any other source, for such 
suppression. When any city or town shall have complied 
with the order of the chief moth superintendent as to the 
payment of its contributions, it shall be considered as having 
complied with the provisions of this chapter with reference 
to expenditures and work done by cities and towns for the 
suppression of said public nuisances. 

Any city or town adjoining property under the control 
of the metropolitan district comrtiission may receive and 
use any of the funds available from the metropolitan district 
commission for the above purposes. 

The treasurer of one of the municipalities comprising 
such district, designated by the commissioner, shall be 



118 Acts, 1949. — Chap. 175. 

treasurer of the district and shall give to the district a bond, 
with a surety company authorized to transact business in 
the commonwealth as surety, for the faithful performance 
of his duties as treasurer of the district in such sum and upon 
such conditions as said commissioner may require. The 
district treasurer shall disburse the money received under the 
provisions hereof upon warrants approved by the chief moth 
superintendent, or such other person as is designated in 
writing by the commissioner. 

Persons engaged in such work shall be employees of the 
cities and towns in the district where they are domiciled 
and not employees of the district, and shall retain all their 
retirement and civil service rights, if any. 

In the performance of any work authorized hereunder 
the employees of the cities and towns comprising the district 
shall have the same immunities and privileges as if per- 
forming the same within their respective cities and towns. 

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 thirty days prior to the end of such fiscal year 
and notice of such vote is filed with the other municipalities 
comprising the district. 

The director of accounts in the department of corporations 
and taxation shall cause an audit to be made annually of 
the accounts of all districts organized under the authority 
of this section and for such purpose he, and his duly ac- 
credited agents, shall have access to all necessary papers, 
books and records. Said director shall apportion the cost 
of each audit among the several municipalities comprising 
the district on the basis of the taxable valuation of said 
municipalities as last established by the general court for 
state and county taxes, and submit the amounts of each 
apportionment to the state treasurer, who shall issue his 
warrant requiring the assessors of the cities and towns 
which comprise the district to assess a tax to the amount 
so apportioned, and such amount shall be collected and 
paid to the state treasurer as provided by section twenty 
of chapter fifty-nine. Approved April 12, 194-9. 

Chap. 17 5 An Act authorizing the city of Gloucester to use 

FOR PUBLIC SCHOOL PURPOSES A CERTAIN PORTION OF 
THE MAXWELL PARSONS PLAYGROUND, SO CALLED, IN 
SAID CITY. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Gloucester is hereby authorized 
to use for pubhc school purposes the portion, hereinafter 
described, of the Maxwell Parsons playground, so called, 
in said city and to place same under the jurisdiction of the 
school committee thereof, instead of said portion of said 
playground being used for public playground purposes and 
being under the jurisdiction of the playground commission 



Acts, 1949. — Chap. 176. 119 

of said city; said portion of said playground being as fol- 
lows : — 

A certain parcel of land in that part of Gloucester called 
East Gloucester and situated easterly one hundred feet 
from the easterly side line of Davis Street Extension, said 
street running northerly from Chapel street, and bounded 
and described as follows: — Beginning at a point at the 
southwesterly corner of the Maxwell Parsons playground, 
said point being situated one hundred feet easterly of the 
easterly side line of said Davis Street Extension and on the 
northerly side line of Division street, and thence running 
northeasterly by the land of the city of Gloucester, land 
now or formerly of Caswell and land of the city of Gloucester, 
three hundred twelve feet, to a point in the wall at land of 
Elizabeth Carroll Scott et ali; thence northeasterly by said 
land of Scott et ali by the wall, sixty-two feet, more or less, 
to a point at other land of the city of Gloucester, being the 
Maxwell Parsons playground; thence southwesterly by said 
land of said playground, three hundred thirty feet, more or 
less, to a point on the northerly side line of Division street; 
thence northwesterly by the northerly side line of said Di- 
vision street, sixty feet, to the point of beginning. 

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

Approved April 12, 1949. 



Chap.l76 



An Act providing for the recovery of salary or 

WAGES BY petitioners IN CERTAIN MANDAMUS PRO- 
CEEDINGS. 

Be it enacted, etc., as follows: 

Section 5 of chapter 249 of the General Laws, as g. l. (Ter. 
most recently amended by section 2 of chapter 374 of ^tc'^'amenled 
the acts of 1943, is hereby further amended by insert- 
ing after the word "damages", in line 19, the words: — , 
including any salary or wages to which the petitioner may 
be entitled, — so as to read as follows : — Section 5. A Mandamus 
petition for a writ of mandamus may be presented to a fn°h?^reme 
justice of the supreme judicial court, and he may, after jo^the^e-""^ 
notice, hear and determine the same. Upon the return ooveryot 
of the order of notice, the person required to appear shall *^^^^^ 
tile an answer showing cause why the writ should not 
issue, and the petitioner may demur thereto. Unless a 
demurrer is filed any affirmative allegation contained in 
the answer shall be considered to be denied by the peti- 
tioner without a replication, unless the court, upon motion 
by the respondent, requires him to reply thereto, and to 
state what part, if any, he admits or denies. The court 
may require a third person who has or claims a right or 
interest in the subject matter to appear and answer and 
to stand as the real party. If the respondent is the holder 



120 Acts, 1949. —Chaps. 177, 178, 179. 

of a. public office and pending the determination of the 
cause he ceases to hold that office, the court in its dis- 
cretion may, after notice, allow an amendment to sub- 
stitute his successor in office as a pai-ty respondent. If 
the petitioner prevails, his damages, including any salary 
or wages to which the petitioner may be entitled, shall be 
assessed and judgment shall be rendered therefor, with 
costs, and for a peremptory writ of mandamus; otherwise, 
the party answering shall recover costs of the petitioner. 
No action shall be maintained for a false answer. All 
writs and processes may be issued from the clerk's office 
in any county and shall be returnable as the court orders. 

Approved April 12, 1949. 

Chap.177 An Act to establish the office of assistant chief 

DEPUTY SHERIFF FOR ATTENDANCE UPON THE SUPERIOR 
COURT IN SUFFOLK COUNTY. 

Be it enacted, etc., as follo^vs: 
E'd)'22l^ Chapter 221 of the General Laws is hereb}'^ amended 
new'sTiA. by inserting after section 71, as appearing in the Ter- 
centenary Edition, the following section: — Section 71 A. 
d^ulTahtrm '^^^ sheriff of Suffolk county may designate one of the 
lor superior court officers of the superior court to act as assistant chief 
deputy sheriff for attendance on the superior court in said 
county. Such officer, in addition to his regular duties 
as a court officer, shall perform such other duties as from 
time to time may be prescribed by the sheriff. 

Approved April 12, 1949. 

Chap.178 An Act validating the zoning by-laws of the town 

OF CANTON. 

Be it enacted, etc., asfolloivs: 

Section 1. The zoning by-laws of the town of Canton 
adopted on March' eighth, nineteen hundred and thirty- 
seven, are hereby validated snd confirmed if and in so far as 
they are invalid by reason of failure to comply fully with 
provisions of law regulating the adoption of zoning by- 
laws. 

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

Approved April 13, 1949. 

Chap. 179 An Act providing for the allowance of further 

TIME FOR FILING A SPECIAL DEMAND FOR PROOF OF 
FIDUCIARY OR CORPORATE CAPACITY OR OF THE EX- 
ISTENCE OF A PUBLIC WAY IN CIVIL ACTIONS. 

Be it enacted, etc., as follows: 

Ed)"2J"§30 Section 30 of chapter 231 of the General Laws, as appear- 

umended! ' ing in the Tercentenary Edition, is hereby amended by 

inserting after the word "allegation", in line 6, the words: 



Acts, 1949. — Chaps. 180, 181. 121 

— , or within such further time as the court may allow on 
motion and notice, — so as to read as follows: — *Sec<ion Further time 
SO. If it is alleged in any civil action or proceeding that a dli demand 
party is an executor, administrator, guardian, trustee, o^g^'ucfary 
assignee, conservator or receiver or is a corporation, or that capacity, etc. 
a place is a public way, such allegation shall be taken as 
admitted unless the party controverting it files in court, 
within the time allowed for the answer thereto, or within 
ten days after the filing of the paper containing such alle- 
gation, or within such further time as the court may 
allow on motion and notice, a special demand for its proof. 

Approved April 13, 1949. 

An Act validating the town election in the town of QliQ/n igQ 

NORTH BROOKFIELD HELD IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. The town election of the town of North 
Brookfield held on February seventh in the current year, 
and all acts and proceedings of said town and of its boards 
and officers and all acts of any other persons, in so far as 
said election, acts or proceedings may be illegal or invalid 
by reason of the fact that said election was held on the first 
Monday of February instead of on the second Monday of 
February, are hereby made legal and valid. 

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

Approved April 18, 1949. 

An Act relative to the filing in cities having a plan e Qhav 181 

FORM OF charter BY CANDIDATES FOR ELECTION TO 
MUNICIPAL OFFICE THEREIN OF CERTAIN STATEMENTS AND 
PETITIONS. 

Whereas, The deferred operation of this act would tend ^^l^^^^^' 
to defeat its purpose which, in part, is to make its provisions 
apply to the filing of certain statements and petitions by 
candidates for election to municipal office in certain cities 
in the current year, 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: 

The first paragraph of section 110 of chapter 43 of the g. l. cvpt. 
Genera] I^aws, as appearing in section 15 of chapter 378 ftti'am'etdid.' 
of the acts of 1938, is hereby amended by striking out, in 
line 5, the word "ten" and inserting in place thereof the 
word: — twenty-eight, — so as to read as follows : — Any Filing by 
registered voter of the city who is eligible for election to any certlin'^oftie" 
elective municipal bodj'- shall be entitled to have his name of certain 
printed as a candidate therefor on the official ballot to be and ^tiUons. 
used at the regular municipal election; provided, that at 
least twenty-eight days prior to such election there shall 
be filed with the city clerk a statement in writing of his 



122 



Acts, 1949. — Chaps. 182, 183. 



candidacy, signed by him, and with such statement the 
petition of not less than fifty nor more than one hundred 
registered voters of the city, whose signatures shall have 
been certified as required by law. Except as aforesaid, no 
person shall be entitled to have his name printed as a candi- 
date on such ballot. Said statement and petition shall be 
in substantially the following form : 

Approved April 18, 1949. 



Chap. 182 An Act relative to subdivision control, so called, 

UNDER THE LAWS PROVIDING AN IMPROVED METHOD OF 
MUNICIPAL PLANNING. 



G. L. (Ter. 
Ed.), 41, §81N, 
etc., amended. 



No modifica- 
tion of plat of 
certain lands 
without con- 
sent of owner. 



G. L. (Ter. 
Ed.), 41, §810, 
etc., amended. 



No easement 
in other than 
public ways, 
etc., in certain 
cities and 
towns. 



Be it enacted, etc., as follows: 

Section 1. Section 8 IN of chapter 41 of the General 
Laws, inserted by section 4 of chapter 340 of the acts of 
1947, is hereby amended by adding at the end the follow- 
ing paragraph : — 

No modification, amendment or rescission of the approval 
of a plat of a subdivision or change in such plat under this 
section shall affect lots, sites and divisions which have been 
sold or mortgaged in good faith and for a valuable considera- 
tion subsequent to the approval of the plat, or any rights 
appurtenant thereto, without the consent in writing of the 
owner of such lots, sites or divisions and of the holder of the 
mortgage or mortgages, if any, thereon. 

Section 2. Section 810 of said chapter 41, inserted by 
said section 4 of said chapter 340, is hereby a,mended by 
adding at the end the following paragraph : — 

In a city or towTi which has established a planning board 
under section eighty-one A, or corresponding provisions of 
earlier laws, no easement or other right shall be acquired in 
a way other than a public way within a subdivision, either 
e.xpressly or by implication, unless such way is shown on a 
plat approved by the planning board under section eighty- 
one M. Approved April 18, 1949. 



Chap.lSS A.N Act making admissible in evidence in cases of 

CONTRACT OR TORT FOR MALPRACTICE CERTAIN STATE- 
MENTS OF FACT OR OPINION CONTAINED IN PUBLISHED 
TREATISES, PERIODICALS, BOOKS AND PAMPHLETS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 233 of the General Laws is hereby 
amended by inserting after section 79B, inserted by section 
1 of chapter 385 of the acts of 1947, the following section: — 
Section 79C. A statement of fact or opinion on a subject 
of science or art contained in a published treatise, periodical, 
book or pamphlet shall, in the discretion of the court, and 
if the court finds that it is relevant and that the writer of 
such statement is recognized in his profession or calling as 
an expert on the subject, be admissible in actions of contract 



G. L. (Ter. 
Ed.), 233, 
new 5 790, 
added. 

Data in 
periodicals, 
books, etc., 
admissible as 
evidence in 
certain cases. 



Acts, 1949. — Chaps. 184, 185. 123 

or tort for malpractice, error or mistake against physicians, 
surgeons, dentists, optometrists, hospitals and sanitaria, 
as evidence tending to prove said fact or as opinion evidence; 
provided, however, that the party intending to offer as 
evidence any such statement shall, not less than three days 
before the trial of the action, give the adverse party notice 
of such intention, stating the name of the writer of the state- 
ment and the title of the treatise, periodical, book or pamph- 
let in which it is contained. 

Section 2. This act shall take effect on September first ff^e''*'''^ 
in the current year. Approved April 18, 1949. 



An Act relative to arrests without a w^ arrant for Qfinrf Igd. 

LARCENY. ^' 

Be it enacted, etc., as follows: 

Section 28 of chapter 276 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by ^menlld! ^ ^^' 
inserting after the word "process", in line 1, the words: — 
may arrest without the issuance of a warrant and detain a 
person found by him in the act of stealing property in his 
presence regardless of the value of the property stolen, and, 
— so as to read as follows : — Section 28. Any officer Arrests for 
authorized to serve criminal process may arrest without the ^'t'hout a*"" 
issuance of a warrant and detain a person found by him in warrant. 
the act of stealing property in his presence regardless of the 
value of the property stolen, and may arrest and detain a 
person charged with a misdemeanor, without having a war- 
rant for such arrest in his possession, if the officer making 
such arrest and detention shall have actual knowledge that 
a warrant then in full force and effect for the arrest of such 
person has in fact issued. Approved April 18, 1949. 

An Act to authorize the enforcement of certain Qfidj) lg5 

SURETY BONDS BY PERSONS FURNISHING LABOR OR MA- 
TERIALS on private BUILDING PROJECTS. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 29 the following section: — Section ^^^'^^29 k. 
29 A. Whenever any surety bond shall be given in connec- added. 
tion with any written contract for the erection, alteration, of^certain''"* 
repair or removal of any private building or structure upon surety bonds 
privately owned land, containing a condition for the payment mIteriaL on 
of all labor and material used or reasonably required for use pro^jeSs 
in the perfonnance of the contract, any person who furnishes 
such labor or materials shall be entitled to sue for his own use 
and benefit upon such bond in accordance with its provisions. 

Approved April 18, 1949. 



124 Acts, 1949. — Chaps. 186, 187. 



Chap.lSQ An Act to regulate the holding of elections by the 

BOSTON firemen's RELIEF FUND. 

Be it enacted, etc., as follows: 

Section 2 of chapter 308 of the acts of 1909, as amended 
by section 1 of chapter 134 of the acts of 1911, is hereby- 
further amended by striking out the last sentence, and in- 
serting in place thereof the following: — The annual election 
of the members of the corporation shall be under the su[)er- 
vision of an election committee of eight members appointed 
by the fire commissioner of the city of Boston; and sriid 
election shall be by secret Australian ballot and shall be 
conducted at the fire department headquarters of the city 
of Boston between the hours of eight o'clock in the forenonn 
and eight o'clock in the afternoon. The election committee 
shall have the power to prescribe the form of common ballot 
box and checkoff list, and rules for observers. Ballots shall 
be counted immediately after the close of the election imder 
the supervision of the election committee. 

Approved April 18, 1949. 

Chap. 187 An Act making further changes in the laws relative 

TO CARRIERS OF PROPERTY BY MOTOR VEHICLE FOR COM- 
PENSATION. 

Be it enacted, etc., as follows: 

Ed)' 159B Section 19 of chapter 159B of the General Laws, as fippear- 

§ 19,' etc.. ■ ing in section 1 of chapter 483 of the acts of 1938, is hereby 
amended. amended by inserting after the word "person", in line 1, 

the following: — , whether carrier, shipper, consignee, or 
broker, or any officer, employee, agent, or representative 
Carriers of thereof, — SO as to read as follows: — Section 19. No per- 

property b.v 1,1 . , . . 11 

motor vehicle SOU, whether carrier, shipper, consignee, or broker, or any 
tfJn*'prohiWted officer, employee, agent, or representative thereof, shall (1) 
act^^tfes'^'" knowingly offer, grant or give, or solicit, accept or receive, 
any rebate, concession or discrimination in violation of any 
provision of this chapter, or (2) by means of anj^ false state- 
ment or representation, or by the use of any false or fictii ions 
bill, bill of lading, receipt, voucher, roll, account, claim, cer- 
tificate, affidavit, deposition, lease or bill of sale, or by any 
other means or device, knowingly or wilfully assist, suffer or 
permit any person to obtain transportation of property sub- 
ject to this chapter for less than the applicable rate or charge, 
or (3) by any such means, or otherwise, fraudulently seek to 
evnde or defeat regulation as in this chapter provided. 

Approved April 18, 1949. 



Acts, 1949. —Chaps. 188, 189, 190. 125 

An Act shortening the period during which voting (7/^^05 jcc 

MACHINES MUST BE SEALED AND LOCKED AFTER PRIMARY 
OR PRELIMINARY ELECTIONS IN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 135 A of chapter 54 of the General Laws is hereby o. l. (Ter. 
amended by inserting after the first sentence, as appearing f^aslf'etc, 
in section 25 of chapter 411 of the acts of 1943, the Jollowing amended, 
sentence: — All voting machines used in a city or town pri- ^tu^ voting 
mary or preliminary election shall remain locked and sealed machines after 
for the period of ten days next succeeding the date of such elections *° 
primary or preliminary election after which time the voting ^^o^tened. 
machines may be unsealed and unlocked and made available 
for preparation for use in the succeeding election; provided, 
that the registrars of voters upon receipt of a petition for a 
recount under section one hundred and thirty-five shall pro- 
ceed to inspect, examine, record and do such other things as 
are hereinafter provided for at elections. 

Approved April 18, 1949. 



Chap.lS9 



An Act authorizing the register of deeds and the 
assistant recorder of the land court for the 
county of plymouth to furnish absitiact cards 
and photostatic copies of recorded instruments 
in the plymouth county registry of deeds and 
plymouth registry district of the land court to 
the board of assessors of the cities and towns 
of said county and to establish fees therefor. 

Be it enacted, etc., asfolloivs: 

Section 24B of chapter 36 of the General Laws, inserted Ed)"3Jl'24B 
by section 1 of chapter 569 of the acts of 1945, is hereby etc., 'amended. ' 
amended by striking out the first paragraph and inserting 
in place thereof the following : — The register, or said ^e'e^^j^'^eto ^ in 
register as the assistant recorder of the land court of the certain ooun- 
county of Norfolk and of the county of Plymouth, shall, fjfrnuh photo- 
upon the request of the board of assessors of any city or st^t'" c^'e^ 
town in said counties, respectively, furnish such board of certain cases, 
assessors with an abstract card or a photostatic copy of 
such instruments recorded or registered in the registry of 
deeds or the registry district of the land court of their 
respective counties as affect the title to real estate in their 
respective cities or towns and as are necessary for their 
records for the purpose of local real estate taxation. 

Approved April 18, 1949. 

An Act permitting the setting-up and operation of pi , q^. 

PRIVATE industrial TRADE EXPOSITIONS, SO CALLED, ^""^P'-^-^^ 
BETWEEN CERTAIN HOURS ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Section 6 of chapter 136 of the General Laws, as most g. l. (Ter. 
recently amended by section 4 of chapter 207 of the acts of ftl^'ameiied. 



126 Acts, 1949. — Chap. 191. 

1946, is hereby further amended by adding at the end the 

following paragraph : — ■ 
dustriai 'ex- ^^^ ^^^^^ ^^' prohibit the necessary preparation for and the 

positions per- conducting of private industrial trade expositions which 
Lord's day*'''' are uot Open to the general public; provided, that said 

expositions shall be kept open only between the hours of one 

and ten o'clock post meridian. Approved April 18, 1949. 

Chap. 191 An Act authorizing the city of boston to relocate 

CERTAIN BUILDINGS IN THE EAST BOSTON DISTRICT OF 
SAID CITY AND TO BORROW MONEY OUTSIDE THE DEBT 
LIMIT TO MEET THE COST OF SUCH RELOCATION. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of avoiding, so far as practi- 
cable, during the period of public exigency, emergency and 
distress now existing on account of the acute shortage of 
housing in Boston and many other cities and towns of the 
commonwealth, the demoHtion of dwellmg units on land 
heretofore or hereafter acquired in the East Boston district 
of the city of Boston for the purposes of chapter six hundred 
and nuiety-two of the acts of nineteen hundred and forty- 
five, as amended, the transit department of the city of Boston, 
acting in the name and behalf of said city, may acquire by 
eminent domain under chapter seventy-nine or chapter 
eighty A of the General Laws or by purchase, gift or other- 
wise in said city one or more parcels of land entirely or 
almost entirely unoccupied by buildings and, by itself, its 
agents or servants or by independent contractors, remove 
thereto any or all buildings with dwelling units standing on 
land heretofore or hereafter acquired for the purposes of 
said chapter six hundred and ninety-two, as amended. If 
the price proposed to be paid for a parcel of land for the 
aforesaid purposes is more than twenty-five per cent in 
excess of its average assessed valuation during the previous 
three years, said land shall not be acquired by purchase 
but shall be taken by emment domain. Any building legally 
in existence prior to its relocation shall retain its legal status 
without any alteration which might be required pursuant 
to provisions of law relating to the new site. Upon com- 
pletion of the removal of a building under this act, said 
transit department shall proceed, without further authority 
than that contamed in this act, to dispose of the building 
and the lot upon which it has been relocated m one or more 
of the following ways : — 

(a) By private sale to the person who owned the building 
immediately prior to its acquisition by the city, at a price 
equal (1) to the approximate cost to the city of the removal 
of the building and of the acquisition of the lot upon which 
the building has been relocated, or (2) to the approximate 
cost to the city of the original acquisition of the building 
and of the land upon which it then stood, whichever is 
higher; or 



ACTS; 1949. — Chap. 192. 127 

(6) By private sale to any person residing in the building 
at the time of its acquisition by the city, at a price equal 
(1) to the approximate cost to the city of the removal of 
the building and of the acquisition of the lot upon which 
the building has been relocated, or (2) to the approximate 
cost to the city of the original acquisition of the building 
and of the land upon which it then stood, whichever is 
higher; or 

(c) By sale to the highest bidder at a public auction at 
which said transit department may reserve the right to 
reject all bids below an amount fixed by said transit depart- 
ment. The proceeds from all sales under this act shall be 
paid into a special account set up on the books of the city 
and known as the "Housing Relocation Fund" and shall 
be used solely for the payment of indebtedness incurred 
under this act, together with interest thereon; provided, 
however, that if the amount in the fund at any time exceeds 
the total amount of indebtedness incurred under this act 
and then outstanding, together with interest thereon, the 
excess may be used for general municipal purposes. 

Section 2. To meet the costs and expenses incurred 
by said transit department under section one of this act, 
the treasurer of said city, without further authority than 
that contained in this act, shall borrow from time to time, 
as requested by said transit department, such sums as may 
be necessary, not exceeding in the aggregate two hundred 
and fifty thousand dollars, and may issue bonds and notes 
therefor, which shall bear on their face the words "City of 
Boston, Housing Relocation Loan, Act of 1949." Each 
authorized issue shall constitute a separate loan, and such 
loans shall be payable in not more than three years from 
their dates. Indebtedness incurred under this act shall be 
in excess of the statutory limit, but shall, except as herein 
otherwise provided, be subject to all laws relative to the 
incurring of debt by said city. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved April 18, 1949. 



An Act authorizing the town of brookline to sell Chap. 192 

CERTAIN PARK LAND NO LONGER NEEDED FOR PUBLIC 
USE. 

Be it enacted, etc., as follows: 

Section 1. The town of Brookline 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 towm which 
was acquired for park purposes and is no longer needed for 
public use. Said parcel is shown on a plan entitled "Plan 
of Land in Brookline, Mass., Walter A. Devine, Town 
Engineer, September 28, 1948." 



128 



Acts, 1949. — Chap. 193. 



Said parcel is bounded and described as follows : — 

Beginning at a point on the southeasterly side line of 
Brookline avenue, said point being seventeen and twenty- 
three one hundredths feet southwesterly from the westerly 
end of a curve having a radius of ten feet, at the south- 
westerly junction of Brookline avenue and River road; 
thence running northeasterly on said side line of Brookline 
avenue for a distance of seventeen and twenty-three one 
hundredths feet; thence running northeasterly, easterly 
and southeasterly by a curve to the right having a radius 
of ten feet, for a distance of twenty-four and sixty-five 
one hundredths feet, to a point on the northwesterly side 
line of River road; thence i-unning southerly on the said 
side line of River road by a curve to the right having a radius 
of two hundred thirty-nine and twenty-four one hundredths 
feet, for a distance of twenty-eight and eighty-four one 
hundredths feet; thence running northwesterly by land 
now or formerly of Marguerite L. Monroe, for a distance 
of thirty-four and forty-four one hundredths feet, to the 
point of beginning. Containing 657.57 square feet. 

Section 2. Action hereunder may be taken by said 
town at any town meeting held in the years nineteen 
hundred and forty-eight or nineteen hundred and forty- 
nine, 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 the proceeds of said sale. 

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

Approved April 20, 1949. 



Chap.l9S An Act further regulating the salaries of the 

COUNTY COMMISSIONERS OF PLYMOUTH COUNTY. 



G. L. (Ter. 
Ed.), 34, § 5, 
etc., amended. 



Be it enacted, etc., as follows: 

Section 1. Section 5 of chapter 34 of the General Laws 
is hereby amended by striking out the schedule appearing 
therein, as am^ended by section 1 of chapter 102 of the acts 
of 1943, and as affected by section 4 of chapter 348 of the 
acts of 1946, and inserting in place thereof the following 
schedule : — 



Salaries. 



Effective 
date. 



Dukes Countj' 








$630 


Franklin, Hampshire 








1,950 


Barnstable, Berkshire 








2,670 


Plymouth .... 








3,500 


Norfolk, Hampden, Bristol 








3,570 


Worcester, Essex . 








4,170 


Middlesex .... 








4,770 



Section 2. This act shall take effect as of January first 
in the current year. Approved April 20, 1949. 



Acts, 1949. — Chaps. 194, 195, 196. 129 

An Act to provide for the prepaeation and free (Jfidp 194 

DISTRIBUTION OF ENROLLED VOTERS LISTS TO PRIMARY 
CANDIDATES AND TO DULY ORGANIZED POLITICAL COM- 
MITTEES. 

Be it enacted, etc., as follows: 

Section 37 of chapter 53 of the General Laws, as g. l. (Ter. 
amended by section 14 of chapter 334 of the acts of 1943, etc.. amended', 
is hereby further amended by adding at the end thereof 
the following sentence : — Immediately upon the receipt l^aTHumtsh 
of a written request from a primary candidate or any officer Ust of voters 
of any ward, town or city committee or duly organized certam'^'rTOna. 
political committee for a copy of the party enrolment list 
of voters in any city or town, the board of registrars or the 
election commission, as the case may be, shall immediately 
prepare said list and shall furnish at once the said list, 
free of charge, to the party requesting the same. 

Approved April 20, 1949. 



An Act increasing the amount of money the upton Qjidj) 195 

CENTER water DISTRICT MAY BORROW. 

Be it enacted, etc., as follows: 

Section 4 of chapter 220 of the acts of 1946 is hereby 
amended by striking out, in lines 5 and 6, the words "one 
hundred and fifty" and inserting in place thereof the words: 
— two hundred and sixty, — so as to read as follows : — 
Section 4- For the purpose of paying the necessary ex- 
penses 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, two 
hundred and sixty thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Upton Center Water District Loan, Act of 1946. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be payable in not more than thirty years from 
their dates. Indebtedness incurred under this act shall 
be subject to the provisions of chapter forty-four of the 
General Laws pertaining to such districts. 

Approved April 20, 1949. 



An Act relative to the preparation, printing and rii^rj^ iqa 

DISTRIBUTION OF THE LISTS OF ALL PERSONS TWENTY ^' 

YEARS OF AGE OR OLDER IN ALL CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 6 of chapter 51 of the General Laws, as most Sj^iT^lg 
recently amended by section 2 of chapter 188 of the acts etc!, 'amended. 
of 1939, is hereby further amended by striking out the next 
to the last sentence and inserting in place thereof the fol- 



130 Acts, 1949. — Chaps. 197, 198, 199. 

wmt*eiL^fficfe°nt ^owuig Sentence : — On or before June fifteenth in each 

number of year, the registrars in all cities and towns shall cause a 

for^rtain* Sufficient number of such lists to be printed, typed or 

purposes. mimeographed so as to furnish, free of charge, such lists, 

upon request, to all duly organized political committees 

and to all political candidates of the various districts in 

which the city or town is located. 

Approved April 20, 1949. 

Chap. 197 An Act relative to the civil service status of 

EGRESS AND ZONING INSPECTORS IN THE BUILDING 
department of THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The persons who hold the offices of egress 
and zoning inspectors in the building department of the 
city of Boston on the effective date of this act, and have 
held said offices for not less than three years prior to said 
date, shall become subject to the civil service laws and 
rules and their tenure of office shall be unlimited, subject, 
however, to said laws, but they shall be subjected by the 
division of civil ser\dce to a qualifying examination, and 
upon passing said examination shall be certified for their 
respective offices and shall be deemed to be permanently 
appointed thereto without being required to serve any 
probationary period. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the city council of the city of Boston subject 
to the provisions of its charter, but not otherwise. 

Approved April 20, 1949. 

Chap.l9S An Act providing for the temporary filling of a 

VACANCY m THE PRUDENTIAL COMMITTEE OF THE 
CENTERVn^LE-OSTERVILLE FIRE DISTRICT. 

Be it enacted, etc., as follows: 

Section 8 of chapter 169 of the acts of 1937 is hereby 
amended by inserting after the word "qualified" in the 
last line the following: — , and any vacancy in the pru- 
dential committee may be filled temporarily in the same 
manner. Approved April 20, 1949. 

Chap.199 An Act relative to sewer assessments in the town of 

FRANKLIN. 

Be it enacted, etc., as follows: 

Section 1. The vote passed by the town of Franklin 
under article five of the warrant for the special town meet- 
ing held on October thirtieth, nineteen hundred and forty- 
six, that one third of the cost of the constmction of a system 
of sewers be assessed upon the owners of the estates situated 
within the territory embraced by said system and benefited 



Acts, 1949. — Chap. 200. 131 

thereby, in accordance with chapter six hundred and thirteen 
of the acts of nineteen hundred and twelve is hereby deemed 
to constitute a vote that said town shall pay two thirds of 
the cost of the construction of such system of sewers; that 
the remaining one third of said cost of construction shall 
be paid by the owners of said estates; and authorizes an 
assessment upon the owners of said estates of said remaining 
one third of said cost of construction. 

Section 2, Within six months after the passage of this 
act, the town of Franklin may by vote determine by which 
of the methods referred to in or authorized by said chapter 
sLx hundred and thirteen of the acts of nineteen hundred 
and twelve, or by any applicable provision of the General 
Laws, the portion of the cost of the construction of said 
system of sewers to be paid by and assessed upon the owners 
of said estates shall be made or computed; and the board 
of water and sewer commissioners of said town shall assess 
the owners of said estates in accordance with the method 
determined by such vote; and said board shall within six 
months after the passage of such vote cause to be recorded 
in the registry of deeds for the county of Norfolk a statement 
of its action with respect to the construction of said system 
of sewers, which shall specify the public ways in which said 
sewers are located, the parcels of land situated within the 
territory embraced by said system of sewers and benefited 
thereby, by a description or other reference sufficient to 
identify such parcels, the respective owners of such parcels, 
and the respective amounts of such assessments. Every 
assessment made hereunder upon any parcel of such land 
shall constitute a lien thereon from the date of the recording 
of such statement. 

Notwithstanding the provisions of said chapter six hundred 
and thirteen, and except as herein otherwise provided, the 
provisions of the General Laws shall apply to all assessments 
authorized by said chapter six hundred and thirteen, and 
by this act, and to the apportionment, division, reassess- 
ment, abatement and collection of such assessments, and to 
interest thereon. Approved April 20, 1949. 



Chap.200 



An Act extending the time within which claims may 
be filed for reimbursement of taxes on gasoline. 

Be it enacted, etc., as follows: 

Section 7 of chapter 64A of the General Laws is hereby g. l. (Ter. 
amended by striking out, in line 11, as appearing in sec- ^tl'^'am^ndtl' 
tion 3 of chapter 420 of the acts of 1943, the words "ninety 
days" and inserting in place thereof the words: — six 
months. Approved April 20, 1949. 



132 Acts, 1949. — Chaps. 201, 202, 203. 



Chap. 201 An Act relative to the compensation of members 

OF THE BOARD OF APPEAL IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (6) of section 117 of chapter 
479 of the acts of 1938 is hereby amended by striking out 
the third sentence and inserting in place thereof the fol- 
lowing sentence : — Each member of said board shall be 
paid twenty dollars for every day or part thereof of actual 
service, but no member shall be so paid more than fifteen 
hundred dollars in any one year. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the city of Boston, 
subject to the provisions of its charter, but not otherwise. 

Approved April 20, 1949. 

Chap. 202 An Act relative to discharging a city or town col- 
lector FROM LIABILITY UPON HIS BOND FOR FAILURE 
TO COLLECT CERTAIN TAXES. 

Be it enacted, etc., as follows: 

EdV'6o^§95 Section 95 of chapter 60 of the General Laws is hereby 

etc.. 'amended', amended by striking out the last sentence, inserted by 

chapter 107 of the acts of 1943, and inserting in place 

i^^cit^ies or*°" thereof the following sentence : — A collector shall be 

towns dis- discharged from liability upon his bond for failure to col- 

UaHuty fo?™ lect taxcs committed to him for collection to the extent that 

collet under ^^^ commissioncr shall certify that such taxes are 

certain con- presently uncollectible because of judicial order or decree 

ditions. Qj, because of the financial embarrassment of a public 

service corporation or because of similar reason and that 

such taxes are outstanding without fault of such collector; 

provided, that for the faithful performance of his duty 

to collect such taxes such collector shall forthwith give 

a separate bond in such form and sum as the commissioner 

may prescribe or approve. Approved April 20, 1949. 

Chap. 203 An Act authorizing new England center hospital 
TO hold additional real and personal estate. 

Be it enacted, etc., as follows: 

New England Center Hospital, a charitable corporation 
organized under general law under the name Bingham 
Associates Fund of Massachusetts, and whose name was 
changed to its present one under general law, is hereby 
authorized to hold real and personal estate in the manner 
and for the purposes set forth in its charter to an amount not 
exceeding ten million dollars. Approved April 20, 1949. 



Acts, 1949. — Chaps. 204, 205, 206. 133 



An Act authohizing the town of canton to borrow Chav-^O^ 

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

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town of 
Canton may borrow from time to time within a period of 
three years from the passage of this act such sums as may be 
necessary, not exceeding, in the aggregate, three hundred 
and fifty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Canton 
School Loan, Act of 1949. 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 and shall, except as provided herein, be subject to chap- 
ter forty-four of the General Laws, inclusive of the limitation 
contained in the first paragraph of section seven thereof. 

Section 2. Action taken under authority of this act 
at any meeting of the town of Canton held in the current 
year shall be as effective in all respects as though this act 
had been in full force and effect on the date when the war- 
rant for such meeting was posted. 

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

Approved April 21, 1949. 

An Act to authorize the beth Israel hospital associa- Chav. 205 

TION TO hold additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

The Beth Israel Hospital Association, a corporation or- 
ganized under general law, is hereby authorized to hold real 
and personal estate in the manner and for the purposes set 
forth in its charter to an amount not exceeding fifteen million 
dollars. Approved April 21, 1949. 

An Act relative to the submission of evidence of the nhnv 206 

RECEIVING OF INJURY OR DISABILITY IN CONNECTION WITH ^' 

exemptions from taxation GRANTED TO CERTAIN DIS- 
ABLED VETERANS. 

Be it enacted, etc., as follows: 

Paragraph (a) of clause Twenty-second of section 5 of gj^'^J^j's 
chapter 59 of the General Laws, as most recently amended etc!, 'amended. 
by section 1 of chapter 612 of the acts of 1947, is hereby 
further amended by adding at the end the following sentence: 
— After the assessors have allowed an exemption under this No further 
paragraph, no further evidence of the receiving of the injury dj^fbuTty"^ 
or disability shall be required in any subsequent year in the '"^^'"''^^'^ 
city or town in which the exemption has been so allowed, tio^ia^^™^ 

Approved April 21, 1949. ^"''^^- 



134 Acts, 1949. — Chap. 207. 



Chap.207 An Act reviving and extending the existence of the 

MASHPEE ADVISORY COMMISSION. 

Whereas, The existence of the Mashpee Advisory Com- 
mission expired by law on April fifteenth, nineteen hundred 
and forty-eight; and 

Whei^eas, It is essential to the welfare of the inhabitants 
of the town of Mashpee that said commission be revived and 
empowered to function without delay, 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. Section 1 of chapter 223 of the acts of 1932, 
as most recently amended by chapter 15 of the acts of 1945, 
is hereby further amended by striking out, in lines 8 and 9, 
the word "forty-eight" and inserting in place thereof the 
word : — fifty-one, — so as to read as follows : — Section 1 . 
There is hereby established an unpaid commission, under the 
title of the Mashpee Advisory Commission, hereinafter 
called the commission, to consist of three members, each of 
whom shall be the head of a state department or the head 
of a division thereof, designated by the governor, with the 
advice and consent of the council, and shall serve for a 
period terminating April fifteenth, nineteen hundred and 
fifty-one. The governor, with like advice and consent, shall, 
from time to time, designate one of the members as chairman, 
may remove any member and shall fill any vacancy in the 
commission for the unexpired term. The action of any two 
of the members shall constitute the action of the commission; 
and whenever any action by the commission is required to 
be in writing, such writing shall be sufficient when signed 
by any two of the members. The commission may employ, 
at the expense of the town of Mashpee, such assistants as it 
may deem necessary. The commission may assign for 
specific or general employment one or more persons within a 
state department or division in charge of any member of the 
commission, and any expense incurred by reason of such 
assignment shall be certified by the commission to the state 
treasurer, and shall be collected by him as an additional 
state tax upon said town. 

Section 2. Said Mashpee Advisory Commission is 
hereby revived and its acts and proceedings after April 
fifteenth, nineteen hundred and forty-eight, and prior to 
the effective date of this act are hereby validated and con- 
firmed to the same extent as if the existence of said com- 
mission had not terminated on said April fifteenth. 

Approved April 26, 1949. 



Acts, 1949. — Chaps. 208, 209, 210. 135 

An Act authorizing the city of waltham to pay a sum (7/j,^r) 208 

OF MONEY TO ELEANOR W. WHITE OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of Waltham may appropriate and pay to 
Eleanor W. White of said city the sum of twelve hundred 
dollars to compensate her for the loss of vision in one eye as 
the result of injuries sustained by her in the performance of 
duty as an instructor at a playground maintained by said 
city. 

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

Approved April 26, 1949. 



Chap.209 



An Act to authorize the deerfield fire district to 

BORROW money FOR ENLARGING AND IMPROVING THE 
WATER SUPPLY SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of enlarging and improving 
the water supply system, including the installation of puri- 
fication works, and for major repairs to the existing system, 
the Deerfield Fire District, organized under the authority of 
chapter four hundred and eight of the acts of nineteen hun- 
dred and eleven, 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, forty 
thousand dollars, and may issue bonds or notes of the dis- 
trict therefor which shall bear on their face the words, 
Deerfield Fire District Water Loan, Act of 1949. Each au- 
thorized issue shall constitute a separate loan and such loans 
shall be paid in not more than fifteen years from their dates. 
Indebtedness incurred under this act shall be within the 
statutory limit for water loans as provided by section eight 
of chapter forty-four of the General Laws, but shall, except 
as provided herein, be subject to the applicable provisions 
of said chapter forty-four. 

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

Approved April 26, 1949. 

An Act making permanent certain provisions of 
law relating to the disposition of certain crim- 
inal cases by district court judges sitting in 
the superior court. 

Whereas, The purpose of this act is to prevent the Emergency 
termination on July first in the current year of the opera- preamble, 
tion of certain provisions of law relating to the disposition 
of certain criminal cases by district court judges sitting in 
the superior court, and said purpose cannot be achieved 
unless the act takes effect earlier than ninety days after 
its passage, therefore it is hereby declared to be an emer- 



Chap.2l0 



136 



Acts, 1949. — Chap. 210. 



G. L. (Ter. 
Ed.), 212. 
§§ 14B-14E, 
added. 

District court 
judge to sit 
as superior 
court judge 
in certain 



Chief justice 
of superior 
court to 
regulate 
sessions and 
number of 
jurors. 



Request of 
chief justice 
that district 
court judge 
ait shall be 
recorded. 



Compensation 
of district 
court judges 
while sitting 
in superior 
court. 



gency law, necessary for the immediate preservation of the 
pubUc convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 212 of the General Laws is hereby 
amended by inserting after section 14A the four following 
sections: — Section I4B. A justice of a district court, 
except the municipal court of the city of Boston, shall, at 
the written request of the chief justice of the superior 
court, sit in the superior court at the trial or disposition 
with or without a jury in any part of the commonwealth 
of any violation of a by-law, order, ordinance, rule or regu- 
lation made by a city or town or public officer or of any 
misdemeanor except conspiracy or libel, and during the 
continuance of such request shall have and exercise all the 
powers and duties which a justice of the superior court has 
and may exercise in the trial and disposition of such cases; 
provided, that no special justice of a district court shall 
so sit and that no justice so sitting shall act in a case in 
which he has either sat or held an inquest in the district 
court or otherwise has an interest. 

Section IJ^C. The chief justice of the superior court 
may arrange for the holding of such sessions for the trial 
and disposition of such cases and for the attendance of such 
number of jurors therefor as the interests of justice and the 
prompt disposition of such cases may in his judgment 
require. Such sessions may be held simultaneously with 
other sessions of the superior court or at other times in the 
discretion of the chief justice. 

Section IJ^D. When a justice of a district court sits in 
the superior court as above provided, the fact of his holding 
court and the request of the chief justice of the superior 
court shall be entered upon the general records of the court 
but need not be stated in the record of any case heard by 
said district court justice. 

Section I4E. Justices of district courts when sitting in 
the superior court as herein provided shall receive from the 
commonwealth, in addition to their regular salaries, upon 
certificate of the chief justice of the superior court, the 
amount of expense incurred by them in the discharge of their 
duties in connection with such sessions and also such com- 
pensation for each court day, while so sitting, as will, when 
added to the per diem rate of his regular salary, computed 
as provided in section eighty-four of chapter two hundred 
and eighteen, amount to forty dollars a day. The com- 
pensation of a special justice for services in holding sessions 
of a district court in place of a justice of a district court while 
sitting in the superior court as herein provided shall be paid 
by the county and shall not be deducted from the salary 
of the district court justice so sitting in the superior court, 
but shall be repaid to the county by the commonwealth. 

Section 2. This act is enacted for the sole purpose of 
making the provisions of chapter four hundred and sixty- 



Acts, 1949. — Chaps. 211, 212. 137 

nine of the acts of nineteen hundred and twenty-three, as 
amended, effective without limitation as to time, and is to 
be construed as a continuation of said provisions and not 
as a new enactment. 

Section 3. This act shall take effect July first, nineteen Effective 
hundred and forty-nine. Approved April 26, 1949. ^^^^' 



An Act authorizing counties to suppress gypsy moths Qfidj) 211 

AND other similar PUBLIC NUISANCES AND TO PARTICIPATE 
IN SUCH WORK. 

Whereas, The deferred operation of this act would tend ^^TambiT^ 
to defeat its purpose, which is to enable the public authori- 
ties to proceed immediately for the purpose of eradicating 
insect pests, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public health, safety and convenience. 

Be it enacted, etc., as follows: 

Chapter 132 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 18A, inserted by chapter 174 of the new^'§\^|B. 
acts of 1949, the following section: — Section 18B. Any added. 
county may engage in the work of suppression of the insect appropriate*^ 
pests described as public nuisances in section eleven and money for 

'^ . , I- l^ 1 11 suppression 

appropriate money lor the same, and may expend such ofgypay 
sums as may be appropriated. ™he^ *°^ 

If all the cities and towns of any county vote to combine nuisances. 
their efforts and pool the sums available for suppression of 
the insect pests described as public nuisances in said sec- 
tion eleven, the county treasurer shall receive and disburse 
such sums and such suppression work shall be carried on by 
the county commissioners under the direction of the chief 
moth superintendent, and the county commissioners of any 
county authorized to perform any work as herein provided 
may do the same and may expend necessary sums in advance 
of the payments required to be paid to such county, and the 
county treasurer shall receive and distribute such funds on 
the order of the county commissioners. 

Approved April 26, 1949. 

An Act relative to the preparation, printing and dis- Chav.212 

TRIBUTION OF VOTING LISTS IN ALL CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 55 of chapter 51 of the General Laws is hereby g. l. (Ter. 
amended by striking out the third and fourth sentences, as ftllamend^'. 
appearing in section 29 of chapter 453 of the acts of 1943, 
and inserting in place thereof the following : — In cities voting Usts 
they shall prepare such voting lists by wards, and if a ward iowns^how*^ 
or town is divided into voting precincts, they shall prepare prepared. 
the same by precincts. In all cities and towns, the voting 
lists shall be arranged by streets in alphabetical order, 
and the names of the voters on each street shall be arranged 



138 Acts, 1949. — Chap. 213. 

in the numerical order of the street numbers of their resi- 
dences, so far as possible. All first voting lists shall be 
printed and available for public distribution not later than 
Jbie^to^MF- "^^^y fifteenth in state election years. A sufficient number 
tain persons, of votiug fists sliall be printed so that they can be furnished 
free of charge, upon request, to all duly organized political 
committees, and to all political candidates for public office 
in the various districts in which the city or town is located. 

Approved April 26, 1949. 



C/iap. 2 13 An Act establishing in the town of stoughton 

REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN 
MEETINGS. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the town 
of Stoughton the form of representative town govern- 
ment by limited town meetings hereinafter set forth. 

Section 2. Upon the acceptance of this act there 
shall be created a temporary committee consisting of the 
selectmen and six registered voters of the town appointed 
by the moderator. Such committee shall study the pro- 
visions of this act and shall determine what in its opinion 
is a practicable percentage of the total registered voters to 
constitute a representative town meeting in the town of 
Stoughton and what is a practical number of districts 
into which the town should be divided for the purpose of 
this act. Such committee shall submit its report together 
with recommended by-laws to the next annual town meet- 
ing or to a special town meeting called for the purpose 
of acting on such report and proposed by-laws. 

Section 3. Within the limits established by this act 
the town of Stoughton shall determine by by-laws the 
number of districts into which the town shall be divided 
and the percentage of the registered voters which shall 
constitute the representative town meeting. 

Section 4. Upon the adoption of the by-laws required 
by section three, the town of Stoughton shall be divided, 
by a committee consisting of its selectmen and six registered 
voters appointed by the moderator, into districts which 
shall be so estabhshed as to consist of compact and con- 
tiguous territory, and shall be bounded whenever possible 
by the center line of known streets and ways, or by other 
well-defined hmits. These boundaries shall be reviewed, 
and if need be, wholly or partly revised, by such a committee 
in September, once in five 'years, or in September of any 
year when directed by vote of the preceding annual meet- 
ing of the town. 

Section 5. Within ten days after any establishment 
or revision of districts, said committee shall file a report 
of its doings with the town clerk, the registrars of voters 
and the assessors, with a map or maps or description of the 



Acts, 1949. — Chap. 213. 139 

districts and the names and residences of the registered 
voters therein. Said committee shall also cause to be posted 
in the town hall a map or maps or description of the dis- 
tricts as established or revised from time to time, with the 
names and residences of the registered voters therein; 
and it shall also cause to be posted in at least one public 
place in each district a map or description of that dis- 
trict, with the names and residences of the registered voters 
therein. The division of the town into districts and any 
revision of such districts shall take effect upon the date 
of the filing of the report thereof by said committee with 
the town clerk. Whenever the districts are established or 
revised, the town clerk shall forthwith give written notice 
thereof to the state secretary, stating the number and 
designation of the districts. 

Section 6. Meetings of the registered voters of the 
several districts for the election of town officers, and for 
voting upon any question to be submitted to all the reg- 
istered voters of the town under any provision of this act, 
shall be held on the same day and at the same hour and 
at such place or places within the town as the selectmen 
shall in the warrant for such meeting direct. 

Section 7. Each district shall be represented in the 
representative town meeting by elected representatives, 
the number of which shall bear the same proportion to 
the total elected membership as the number of registered 
voters in the district bears to the total registered voters 
in the town, as nearly as may be, but no district shall be 
represented by more than fifty elected members. The 
number and size of districts shall be such that the number 
of elected representatives shall not exceed one for each 
twenty-five voters or major fraction thereof, and the total 
elected membership shall not exceed two hundred. 

Section 8. Nomination of candidates for town 
meeting members from any district, to be elected under 
this act, shall be from among the registered voters of the 
district. Nomination papers shall bear no political desig- 
nation, shall be signed by not less than ten registered 
voters of the district in which the candidate resides, and shall 
be filed with the town clerk on the same day that nomina- 
tion papers of candidates for other town offices must be 
filed. Any town meeting member may become a candidate 
for re-election by giving written notice thereof to the town 
clerk on or before the last day for filing nomination papers. 
The words "candidate for re-election" shall be printed 
on the ballot opposite the names of such candidates. No 
nomination papers shall be valid in respect to any candidate 
unless his written acceptance is endorsed thereon or attached 
thereto. 

Section 9. The representative town meeting members, 
whose number shall have been determined as provided 
in this act, shall be elected by ballot by the registered voters 
in every district at the first annual town election following 



140 Acts, 1949. — Chap. 213. 

the establishment or revision of such district in conformity 
with the laws relative to elections not inconsistent with 
this act. The first third, in the order of votes received, 
of members so elected shall serve three years, the second 
third, in such order, shall serve two years, and the remain- 
ing third, in such order, shall serve one year, from the first 
day of the annual town meeting. In case of a tie vote 
affecting the division into thirds, the members elected 
from the district shall by ballot determine the same. There- 
after, except as is otherwise provided herein, at each annual 
town election the registered voters of each district shall 
similarly elect for the term of three years one third of the 
number of town meeting representatives to which such 
district is entitled; and shall at such election fill for the 
unexpired term or terms any vacancy or vacancies then 
existing in the number of elected town meeting members in 
such district. The terms of office of all town meeting 
representatives from every revised district shall cease 
upon the qualification of their successors elected at the 
first annual town election after revision. The town clerk 
shall, after election of town meeting members, forthwith 
notify by mail each such member of his election. 

Section 10. In the event of any vacancy in the full 
number of elected town meeting members from any dis- 
trict the remaining elected members of the district may 
choose from among the registered voters thereof a successor 
to serve until the next annual election. The town clerk 
may, and upon a petition therefor signed by not less than 
one third of the elected town meeting members from the 
district shall, call a special meeting of the remaining mem- 
bers from such district for the purpose of filling such vacancy 
and mail notice thereof to each member from the district 
specifying the object and the time and place of such meeting 
which shall be held not less than four days after the mailing 
of such notice. At such meeting a majority of such mem- 
bers shall constitute a quorum and shall elect from their own 
number a chairman and a clerk. The election to fill such 
vacancy shall be by ballot and a majority of the votes 
cast shall be required for a choice. The clerk shall forth- 
with file with the town clerk a certificate of such election, 
together with a written acceptance by the member so 
elected who shall thereupon be deemed elected and qualified 
as a town meeting member, subject to the right of all the 
town meeting members to judge of the election and quali- 
fication of the members as set forth in section fourteen. 

Section 11. A moderator shall be elected by the regis- 
tered voters of the town by ballot at each annual town 
election and shall serve as the moderator of all town meet- 
ings, except as otherwise provided by law, until his successor 
is qualified. The moderator, the town manager, the town 
clerk, the town counsel, the town treasurer, the members of 
the board of selectmen, the members of the school com- 
mittee, the members of the board of assessors, the members 



Acts, 1949. — Chap. 213. 141 

of the finance commission and any member of the general 
court of the commonwealth, who is a resident of the town 
shall be members at large of the town meeting. Nomina- 
tions for moderator and his election shall be as in the case 
of other elective town officers, and any vacancy in such 
office may be filled by the town meeting members at a 
representative town meeting held for that purpose. If a 
moderator is absent, a moderator pro tempore may be elected 
by the town meeting members. 

Section 12. The articles in the warrant for every town 
meeting, so far as they relate to the election of the moderator, 
town officers and town meeting members, and, as herein 
provided, to referenda, and all matters to be acted upon and 
determined by ballot, shall be so acted upon and determined 
by the registered voters of the town. All other articles in the 
warrant for any town meeting shall be acted upon and 
determined exclusively by town meeting members at a 
meeting to be held at such time and place as shall be set 
forth by the selectmen in the warrant for the meeting, 
subject to the referendum provided for by section fifteen. 

Section 13. Any representative town meeting held 
under the provisions of this act, except as otherwise provided 
herein, shall be limited to the town meeting members elected 
under the provisions of this act. The town clerk shall 
notify the town meeting members of the time and place at 
which the representative town meetings are to be held, the 
notices to be sent by mail at least seven days before the 
meeting, A majority of the town meeting members shall 
constitute a quorum for doing business; but a less number 
may organize temporarily and may adjourn from time to 
time. All town meetings shall be public. Subject to such 
conditions as may be determined from time to time by the 
members of the representative town meeting, any registered 
voter of the town who is not a town meeting member may 
speak at any representative town meeting, but shall not vote. 

Section 14. The town meeting members, as aforesaid, 
shall be the judges of the election and qualifications of their 
members. The town meeting members as such shall receive 
no compensation. A town meeting member may resign 
by filing a written resignation with the town clerk, and such 
resignation shall take effect on the date of such filing. A 
town meeting member who removes from the town shall 
cease to be a town meeting member, and a town meeting 
member who removes from the district from which he was 
elected to another district may serve only until the next 
annual town meeting. 

Section 15, A vote passed at any representative town 
meeting authorizing the expenditure of any sum, as an 
appropriation other than town charges, shall not be opera- 
tive until after the expiration of five days, exclusive of Sun- 
days and holidays, from the dissolution of the meeting. If, 
within such five days a petition, signed by not less than three 
hundred of the registered voters, containing their names and 



142 Acts, 1949. — Chap. 213. 

addresses as they appear on the list of registered voters, is 
filed with the selectmen requesting that the question or 
questions involved in such vote be submitted to the voters 
of the town, then the selectmen, within fourteen days after 
the filing of the petition, shall call a special meeting, which 
shall be held within ten days after the issuing of the call, 
for the purpose of presenting to the voters at large the ques- 
tion or questions so involved. The polls shall be opened at 
two o'clock in the afternoon and shall be closed not earlier 
than eight o'clock in the evening, and all votes upon any 
questions so submitted shall be taken by ballot, and the 
check list shall be used in the same manner as in the election 
of town officers. The questions so submitted shall be deter- 
mined by vote of the same proportion of voters voting thereon 
as would have been required by law of town meeting mem- 
bers had the question been finally determined at a repre- 
sentative town meeting. The questions so submitted shall 
be stated upon the ballot in substantially the same language 
and form in which they were stated when finally presented 
to said representative town meeting by the moderator as 
appears from the records of the said meeting. If such peti- 
tion is not filed within the said period of five days, the vote 
of the representative town meeting shall become operative 
upon the expiration of the said period. 

Section 16. The town, after the acceptance of this act, 
shall have the capacity to act through and to be bound by 
its town meeting members, who shall when convened from 
time to time as herein provided, constitute representative 
town meetings; and the representative town meetings shall 
exercise exclusively, so far as will conform to the provisions 
of this act, all powers vested in the municipal corporation. 
Action in conformity with all provisions of law now or here- 
after apphcable to the transaction of town affairs in town 
meeting, shall, when taken by any representative town 
meeting in accordance with the provisions of this act, have 
the same force and effect as if such action had been taken 
in a town meeting open to all the registered voters of the 
town as organized and conducted before the establishment 
in said town of representative town meeting government. 

Section 17. This act shall not abridge the right of the 
inhabitants of the town to hold general meetings as secured 
to them by the constitution of this commonwealth; nor 
shall this act confer upon any representative town meeting 
the power finally to commit the town to any measure affect- 
ing its municipal existence or substantially changing its 
form of government without action thereon by the registered 
voters of the town at large, using the ballot and the check 
list therefor. 

Section 18. The representative town meeting may 
make such rules consistent with general law as may be 
considered necessary for conducting its meetings. 

Section 19. The representative town meeting may 
appoint, or authorize the moderator to appoint, such com- 



Acts, 1949. — Chap. 214. ^,Tok 143 

mittees of its members for investigation and report as it 
may consider necessary. 

Section 20. All by-laws or parts of by-laws of the town 
inconsistent with the provisions of this act are hereby re- 
pealed. The provisions of chapter forty-four of the General 
Laws shall continue to apply in the town of Stoughton not- 
withstanding the provisions of this act. 

Section 21. This act shall be submitted to the registered 
voters of the town of Stoughton at any annual or special 
town election. The vote shall be taken by ballot in accord- 
ance with the provisions of the General Laws, so far as the 
same shall be applicable, in answer to the question, which 
shall be placed, in case of a special meeting, upon the ballot 
to be used at said meeting, or, in the case of an annual 
meeting, upon the official ballot to be used for the election 
of town officers: "Shall an act passed by the General Court 
in the year nineteen hundred and forty-nine, entitled 'An 
act establishing in the town of Stoughton representative 
town meetings', be accepted by this town? " 

Section 22. Sections two and three shall take effect 
upon acceptance of this act by a majority of the voters 
voting upon the same, and the remainder shall take effect 
upon the effective date of the by-laws provided for by section 
three. 

Section 23. If this act is rejected by the registered voters 
of the town of Stoughton when submitted to said voters 
under section twenty-one, it may again be submitted for 
acceptance in like manner from time to time to such voters 
at any annual town election in said town within three years 
thereafter, but not more than three times in the aggregate. 

Approved April 26, 1949. 

An Act authorizing the conveyance of certain park (Jfin^) 214 
land by the city of malden to the malden housing ^' 
authority for veterans' housing purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden is hereby authorized to 
convey to the Maiden Housing Authority, a body politic 
and corporate, a portion of a certain park belonging to said 
city and designated as Huntings Field, said portion being 
shown as Parcels "15" and "17" on a plan of R. T. Ricker, 
registered engineer, dated January 17, 1949, on file in the 
office of said Authority. The land so conveyed shall be 
used by said Authority for the construction, maintenance 
and operation of homes for veterans under and in accordance 
with chapter one hundred and twenty-one of the General 
Laws, as amended. 

Section 2. This act shall take full effect if, upon recom- 
mendation by the board of park commissioners of the city 
of Maiden, it is accepted by the city council of said city, 
subject to the provisions of its charter, during the current 
year. Approved April 26, 1949. 



144 Acts, 1949. — Chaps. 215, 216, 217. 



Chav.215 An Act providing for party primaries in the city of 

HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 608 of the acts of 1913, as amended, 
is hereby repealed. 

Section 2. There shall be placed upon the official ballot 
to be used in the city of Holyoke at its biennial municipal 
election in the current year the following question: — "Shall 
party primaries for the nomination of candidates to be 
voted for at city elections be held in this city?" If a majority 
of the votes in answer to said question is in the affirmative, 
section one of this act shall thereupon take effect and candi- 
dates thereafter to be voted for at city elections in said city 
shall be nominated in municipal primaries held in accord- 
ance with the provisions of sections twenty-three to forty A, 
and fifty-six to sixty-four, both inclusive, of chapter fifty- 
three of the General Laws; otherwise said section one shall 
be void and of no effect. Approved April 26, 1949. 

Chap. 216 An Act to permit fraternal benefit societies to pro- 
vide FOR THE PAYMENT OF BENEFITS UPON THE LIVES 
OF CHILDREN LESS THAN EIGHTEEN YEARS OF AGE AND TO 
MAKE LOANS UPON THE SECURITY OF THE VALUE OF THE 
CERTIFICATES OF SUCH BENEFITS. 

Be it enacted, etc., as follows: 

G. L. (Ter. ScctioD 23 of chapter 176 of the General Laws, as amended 

§ 2'3' etc.,' by chapter 94 of the acts of 1938, is hereby further amended 
amended. ^y g^ri^ing out, iTi liues 5 and 6, the words "between the 

ages of one and eighteen years at the next birthday" and 
inserting in place thereof the words : — less than eighteen 
years of age, and may loan upon the security of the value of 
certificates of such benefits a sum not exceeding the legal 
reserve which it is required to maintain thereon. 

Approved April 26, 1949. 

Chap. 217 An Act relative to the appointment by the board of 

DIRECTORS OF FRATERNAL BENEFIT SOCIETIES OF A 
CHAPLAIN, SPIRITUAL DIRECTOR OR OTHER RELIGIOUS 
OFFICER, AND RELATIVE TO THE SERVICE OF SUCH AP- 
POINTEE AS A MEMBER OF SAID BOARD. 

Be it enacted, etc., as follows: 

Ed)' iTe*^! 3 Section 3 of chapter 176 of the General Laws, as amended 

etc!. 'amended, by scctiou 1 of chapter 336 of the acts of 1941, is hereby 

further amended by inserting after the first sentence the 

Fraternal f ollowiug seutcuce I — The constitution and by-laws of any 

sodeties may such socicty may provide that the board of directors appoint 

Kiahjfetc. a regularly ordained clergyman to act as chaplain, spiritual 

director or other religious officer, and may also provide that 

such appointee may serve ex officio as a member of the 

board of directors. Approved April 26, 1949. 



Acts, 1949. — Chaps. 218, 219. 146 



An Act authorizing certain fraternal benefit socie- Qfidj) 218 

TIES TO PAY PENSIONS TO THEIR EMPLOYEES IN CERTAIN 
CASES. 

Be it enacted, etc., as follows: 

Chapter 176 of the General Laws is hereby amended by g. l. (Tct. 
striking out section 49A, inserted by chapter 124 of the f 49A^ltc., 
acts of 1946, and inserting in place thereof the following amended, 
section: — Section 49 A. Any society operating on the Certain 
lodge system with a representative form of government bTnefit'^socie- 
whose rates are on a basis of mortality not lower than the **^a^^fo*^ 
National Fraternal Congress Table as adopted by the employees in 
National Fraternal Congress, August twenty-third, eighteen 
hundred and ninety-nine, or any society formed under sec- 
tion forty-five, if its constitution and by-laws so provide, 
may pay a pension to any employee who has been con- 
tinuously in the service of the society for ten years or more 
and who has become incapacitated for further service by 
reason of physical or mental disability, and may pay a pen- 
sion to any employee who has been continuously in the service 
of the society for fifteen years or more and who is retired 
by reason of the infirmities of age or has attained the age 
of sixty-five years. All moneys expended for the purposes 
of this section shall be paid from the expense fund of the 
society. This section shall not apply to any society formed 
under section forty-six. Approved April 26, 1949. 



certain caaea. 



An Act authorizing the town of egremont to receive nhni) 91 Q 

AND administer THE PROPERTY OF THE RIVERSIDE CEME- ^' 

TERY CORPORATION IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The Riverside Cemetery Corporation, a cor- 
poration located in the town of Egremont, 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 association not subject to any trust, and 
thereupon, and upon the transfer of the trust funds as here- 
inafter provided, the powers and duties of said corpora- 
tion shall terminate; and the cemetery of the corporation 
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 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 



146 Acts, 1949. — Chap. 220. 

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 cemetery, and interest 
accruing on bonds held in the name of the corporation 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 corporation 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 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. The action of the inhabitants of the town of 
Egremont, at its annual town meeting in the year nineteen 
hundred and forty-nine, in voting to accept a transfer of the 
real and personal property of said cemetery corporation, and 
all funds or other property held by said corporation in trust 
for the perpetual care of the lots in its cemetery and for 
other pm-poses, is 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 Egremont voting thereon at a special town meeting called 
for the purpose, held during the current year, but not 
otherwise. Approved April 26, 1949. 

Chap. 220 An Act relative to the hours of duty of permanent 

MEMBERS OF THE FIRE DEPARTMENT IN THE TURNERS FALLS 
fire DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The hours of duty of the permanent mem- 
bers of the uniformed fire fighting force in the Turners Falls 
Fire District shall be so established by the prudential com- 
mittee that the average weekly hours of duty in any year, 
other than hours during which such members may be sum- 
moned and kept on duty because of conflagrations, shall not 
exceed fifty-six in number. 

Section 2. This act shall be submitted for acceptance 
to the voters of said district at its next annual district meet- 



Acts, 1949. — Chap. 221. 147 

ing in the form of the following question, which shall be 
placed upon the official ballot to be used for the election of 
district officers at said meeting: "Shall an act passed by the 
General Court in the year nineteen hundred and forty-nine, 
providing for a fifty-six hour week for the permanent mem- 
bers of the fire department of this district, be accepted? " If 
a majority of the votes in answer to said question is in the 
affirmative, this act shall thereupon take full effect, but not 
otherwise. Approved April 28, 1949. 



An Act fixing the salaries of the clerk and the assist- Qj^Qy 221 

ANT CLERKS OF THE SUPERIOR COURT FOR CRIMINAL BUSI- ^' 

NESS IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 94 of chapter 221 of the General Laws, as most ^j^-^Jf- 
recently amended by section 2 of chapter 183 of the acts of §94,' etc..' 
1948, is hereby further amended by striking out the fourth *™e^ded. 
sentence and inserting in place thereof the following sen- 
tence: — The salary of the clerk of the superior court for 
criminal business in the county of Suffolk shall be nine thou- 
sand dollars and the salaries of the assistant clerks of said 
court shall be sixty-one hundred and twenty dollars, — so 
as to read as follows: — Section 94. Except as provided in saianesof 
section ninety-three and except as hereinafter provided, the ^gi^^nt*^ 
salaries of clerks and assistant clerks of the supreme judicial c'erks of 
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 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 hundred dollars of said salary 
shall be paid by the commonwealth. 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- 
weekly 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 nine thousand dollars and the 
salaries of the assistant clerks of said court shall be sixty-one 
hundred and twenty dollars. The assistant clerks of the 
superior court for criminal business in Suffolk county may 
receive their salaiy in bi-weekly instalments if they so request 
in writing. Approved April 28, 1949. 



148 Acts, 1949. — Chap. 222. 

Chap. 222 ^ -^^'^ empowering the city of boston to fix by or- 
dinance CERTAIN FEES AND CHARGES. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may from time to time, 
by ordinance, fix the fees for all licenses and permits granted 
under the authority of statutes where the entire proceeds of 
the fee form part of the income of the city, except marriage 
licenses, licenses granted under chapter four hundred and 
ninety-four of the acts of nineteen hundred and eight, as 
amended, licenses issued under chapter one hundred and 
thirty-eight of the General Laws, licenses issued under sec- 
tion fifty-nine of chapter one hundred and forty of the 
General Laws, and licenses issued under section seventy of 
said chapter one hundred and forty, and may likewise fix 
the charges to be paid for any services rendered or work per- 
formed by the city or any department thereof, for any per- 
son or class of persons unless such service is rendered or 
work performed as part of the general services furnished for 
the benefit of the citizens of the city as a whole. Any such 
ordinance may set a maximum fee or charge, or a minimum 
fee or charge, or both, and may empower an administrative 
board or officer to fix the fee or charge conformably with the 
Umit or limits set. 

Section 2. Said city may also, by ordinance, from time 
to time fix the fees to be paid to the city clerk for the use of 
said city for the quahfication or warrant of any officer ap- 
pointed by the mayor and confirmed by the city council, 
whose compensation is derived from fees charged for the 
exercise of powers conferred by such appointment. 

Section 3. A fee or charge fixed by ordinance under this 
act shall be deemed to apply notwithstanding any general 
or special law heretofore passed fixing a different fee or 
charge or imposing any limitation on the amount thereof or 
designating a particular board or officer to fix said amount; 
provided, however, that the fee fixed for a registration under 
section thirteen of chapter one hundred and forty-eight of 
the General Laws shall not be more than one half of the 
amount of the fee fixed for a license under said section. No 
general or special law hereafter passed shall, in the absence 
of express and explicit mention therein of this act, be con- 
strued to repeal this act in whole or in part or to affect in 
any way any fee or charge theretofore or thereafter fixed 
by ordinance under this act. 

Section 4. Chapter five hundred and seventy-one of the 
acts of nineteen hundred and ten, and chapter two hundred 
and ninety-seven of the acts of nineteen hundred and thirty- 
one, as amended, are hereby repealed. The fee or charge 
being collected immediately prior to the passage of this act 
for any license, permit, service or work subject to this act 
shaU be the fee or charge for such license, permit, service or 
work until action is taken under this act. 

Section 5. This act shall take effect upon its passage. 

Approved April 29, 1949, 



Acts, 1949. — Chaps. 223, 224, 225. 149 

An Act establishing the compensation of the members Qfidj) 223 
OF the city council of the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section 49 of chapter 486 of the acts of 1909, 
as most recently amended by section 1 of chapter 555 of the 
acts of 1948, is hereby further amended by striking out, in 
Une 2, the words "twenty-five hundred dollars" and insert- 
ing in place thereof the words : — three thousand dollars 
and the president of said council shall be paid five hundred 
dollars additional compensation, — so as to read as fol- 
lows: — Section ^9. Each member of the city council shall 
be paid an annual salary of three thousand dollars and the 
president of said council shall be paid five hundred dollars 
additional compensation; and no other sum shall be paid 
from the city treasury for or on account of any personal ex- 
penses directly or indirectly incurred by or in behalf of any 
member of said council. 

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

Approved April 29, 1949. 

An Act authorizing the town of cohasset to borrow fh^jj, 004 

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 Cohasset 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, eight hundred thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face the 
words, Cohasset School Loan, Act of 1949. 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 sub- 
ject to chapter forty-four of the General Laws, exclusive of 
the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved April 29, 1949. 

An Act increasing the amount of money that the town fijfj^ 00 k 
OF bridgewater may borrow for the construction ^' 

AND FURNISHING OF A NEW HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 61 of the acts of 1947 
is hereby amended by striking out, in line 6, the word 



150 Acts, 1949. — Chaps. 226, 227. 

"three" and inserting in place thereof the word: — seven, — 
so as to read as follows : — Section 1 . For the purpose of 
constructing a high school building and originally equipping 
and furnishing said building, the town of Bridgewater may- 
borrow, from time to time within a period of five years from 
the passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate seven hundred and fifty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Bridgewater High School Loan, 
Acts of 1947. Each authorized issue shall constitute a 
separate loan, and such loans shall be paid in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as provided herein, be subject to chapter 
forty-four of the General Laws, exclusive of the limitations 
contained in the first paragraph of section seven thereof. 
Section 2. This act shall take effect upon its passage. 

Approved April 29, 1949. 



Chap. 226 An Act authorizing the town of paxton to appropriate 

AND PAY A SUM OF MONEY TO AUGUSTUS MULANNEY FOR 
CERTAIN SERVICES RENDERED TO SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
ninety-one of chapter thirty-two of the General Laws, the 
town of Paxton may appropriate and pay to Augustus 
Mulanney for his services as school janitor in said town the 
sum of three hundred and sixteen dollars and sixty-eight 
cents. 

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

Approved April 29, 1949. 

Chap. 227 An Act authorizing the town of southbridge to re- 
imburse THE FATHER OF THOMAS HMAY, A MINOR, FOR 
certain EXPENSES INCURRED BY REASON OF INJURIES 
SUSTAINED BY SAID MINOR AT A PLAYGROUND MAINTAINED 
BY SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the town of Southbridge may appropriate and 
pay to the father of Thomas Hmay, a minor, a sum of money 
not exceeding three hundred and forty dollars to reimburse 
him for expenses of hospital and medical care incurred by 
him on account of injuries received by said Thomas Hmay 
at a playground maintained by said town. 

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

Approved April 29, 1949. 



Acts, 1949. — Chap. 228. 161 



An Act authorizing the sale of certain land in the QJiq/q 228 
town of hull held in trust by the board of missions 
of the protestant episcopal church. 

Whereas, The deferred operation of this act would tend ^r?ambu°^ 
to defeat its purpose, which is in part to enable the sale and 
conveyance of property authorized thereby to be made 
without delay, 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 Diocesan Board of Missions, a corporation duly 
organized by law, affiliated with the Protestant Episcopal 
Church m the Diocese of Massachusetts, may sell and 
convey at private or public sale a parcel of land in the town 
of Hull in the county of Plymouth being bounded and 
described as follows: — 

Being lots three hundred and seventy-one and three 
hundred and seventy-two and a portion of lot three hundred 
and seventy, as shown on a plan of land belonging to the 
Nantasket Company at Nantasket Beach, drawn by F. M. 
Hersey, C.E., dated May, eighteen hundred and eighty-one, 
and recorded with Plymouth Deeds, Book of Plans 1, plan 
one hundred, said parcel bounded as follows : — northerly 
by the southerly line of N street, one hundred feet; easterly 
by lot three hundred and sixty-seven as shown on said plan, 
eighty-one and one tenth feet; southerly by land now or 
formerly of Frank A. Schirmer, being a portion of said lot 
three hundred and seventy as shown on said plan, sixteen 
feet; easterly again by said land now or formerly of Frank 
A. Schirmer, thirty-eight and nine tenths feet; southerly 
again by said land now or formerly of Frank A. Schirmer, 
eighty-four feet; and westerly by the easterly line of Main 
street, one hundred and twenty feet; containing eleven 
thousand, three hundred and seventy-seven and six tenths 
square feet, be all said measurements more or less, being 
the same premises conveyed to the said Diocesan Board of 
Missions by deed of The Church of Our Savior at Hull and 
George Francis Weld, dated September seventh, nineteen 
hundred and ten and recorded with Plymouth Deeds, 
Book 1113, pages 67, 68 and 69; and said corporation may 
give to the purchaser or purchasers good title free of any 
trusts; provided, however, that the proceeds of such sale 
shall be devoted to the strengthening and upbuilding of the 
missionary activities of the Protestant Episcopal Church 
in the Diocese of Massachusetts; as provided in a decree 
of the probate court for Plymouth county, dated August 
twenty-fourth, nineteen hundred and forty-eight, authorizing 
such sale and conveyance. Approved April 29, 1949. 



162 Acts, 1949. — Chaps. 229, 230. 

Chap.2i29 ^ -^ct kelative to the boerowing of money by the 

COUNTY COMMISSIONERS OF THE COUNTY OF BRISTOL IN 
ANTICIPATION OF AND TO BE PAID FROM THE COUNTY TAX 
OF THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. Upon the affirmative vote during the current 
year of Leo H. Coughlin and Charles A. Frates, county com- 
missioners of the county of Bristol, so authorizing, the treas- 
urer of said county may borrow from time to time on the 
credit of the county such sums, not to exceed, in the aggre- 
gate, six hundred thousand dollars, and issue county notes 
therefor in anticipation of and to be repaid from, the county 
tax of the current year. All provisions of section thirty- 
seven of chapter thirty-five of the General Laws relative to 
the borrowing of money by county commissioners shall apply 
to such loans. 

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

Approved April 29, 1949. 

Chap. 230 An Act authorizing the town of franklin to sell 
certain lands for veterans' housing projects. 

Be it enacted, etc., as follows: 

Section 1. The town of Franklin is hereby authorized to 
sell and convey to the Franklin Housing Authority for use 
as a veterans' housing project, for the sum of one dollar or 
such other consideration as the town may determine, the 
whole or any part thereof of two certain parcels of land 
situated in and conveyed to said town for park purposes 
and which is no longer needed for said purposes, said land 
being bounded and described as follows : — Land situated 
on the southeasterly side of North Park street in said town 
bounded northwesterly by said North Park street, three 
hundred and seven feet; northeasterly by land now or late 
of Raffaele Nasuti, four hundred and eighteen feet; south- 
easterly by land formerly of Sally Metcalf , three hundred and 
twenty-five feet; and southwesterly by land now or late of 
Michael D'Aloia et al, three hundred and ninety-two feet; 
being the same parcel of land conveyed to the town of Frank- 
lin by Munroe Morse, by deed dated March 3, 1879 and 
recorded with Norfolk Deeds, book 511, page 57; and that 
certain parcel of land situated immediately southwesterly 
of and adjoining said parcel just hereinbefore described, said 
second parcel being bounded northwesterly by said first 
described land, three hundred and twenty-five feet; north- 
easterly by land now or late of Raffaele Nasuti in part, and 
in part by land now or late of Richard Costello, Junior, of 
that name, three hundred and sixty-six feet; southeasterly 
by land now or late of said Richard Costello, Junior of that 
name, three hundred and thirty- three feet; and southwest- 
erly by land now or late of said Richard Costello, Junior of 



Acts, 1949. — Chaps. 231, 232. 153 

that name, four hundred and four feet; being the same prem- 
ises conveyed to the town of Franklin by Sally Metcalf, 
by deed dated March 3, 1879 and recorded with Norfolk 
Deeds, book 511, page 57. 

Section 2. Any action taken hereunder by the said 
town before the passage of this act at the annual town meet- 
ing in the current year is hereby validated. 

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

Approved April 29, 1949. 

An Act authobizing the town of provincetown to Chav. 2S1 

REFUND certain INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1 . The town of Provincetown is hereby author- 
ized to refund or extend, from time to time, for a period not 
extending beyond May first, nineteen hundred and fifty, 
seventy-five thousand dollars of a loan of one hundred 
thousand dollars borrowed in anticipation of the receipt of 
grants of money by the federal government and by the com- 
monwealth for airport purposes, under the provisions of 
section fifty-one K of chapter nmety of the General Laws; 
and may issue a note or notes therefor, which shall bear on 
their face the words, Provincetown Refunding Loan, Act 
of 1949. 

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

Approved April 29, 1949. 

An Act authorizing the county commissioners of the CJid'n 232 

county of BARNSTABLE TO APPROPRIATE AND EXPEND A ^' 

SUM OF MONEY FOR THE EXTERMINATION OF CERTAIN 
INSECT PESTS DECLARED TO BE PUBLIC NUISANCES. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Barnstable are hereby authorized to appropriate a sum not 
exceeding one hundred thousand dollars for the extermina- 
tion of gypsy moths and other insect pests which have been 
declared to be public nuisances, to be expended under the 
direction of the chief moth superintendent in the depart- 
ment of conservation. Said commissioners are hereby 
authorized to levy said sum as part of the county tax of 
said county for the current year. 

Section 2. For the purpose aforesaid, the county treas- 
urer of said county, with the approval of the county com- 
missioners, may borrow, from time to time, on the credit 
of said county, such sums as may be necessary, but not 
exceeding, in the aggregate, one hundred thousand dollars, 
and may issue temporary notes of the county therefor, 
payable not later than December thirty-first in the current- 
year. 

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

Approved April 29, 1949. 



154 Acts, 1949. — Chaps. 233, 234. 



C/iap. 233 An Act relative to the tenure of office of charles 
Dicicco, AN investigator in the veterans' services 
department of the city of somerville. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Charles DiCicco, a 
disabled war veteran who is employed as an investigator in 
the veterans' services department in the city of Somerville, 
shall, upon his passing a qualifying examination to which 
he shall be subjected by the director of civil service, be 
unlimited and subject to the civil service laws, and he shall 
be deemed to be permanently appointed thereto without 
being required to serve any probationary period. 

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

Approved April 29, 1949. 

Chap. 234: An Act to provide that the board of assessors of the 
city of somerville shall be elected by the voters 
of said city. 

Be it enacted, etc., as follows: 

Section 1. The board of assessors of the city of Somer- 
ville shall consist of five members, who shall be elected at 
large by and from the voters of said city as hereinafter 
provided. 

Section 2. At the biennial municipal election to be 
held in said city in the year nineteen hundred and forty- 
nine, the members of the board of assessors shall be elected 
by and from the registered voters of the city, and the first 
three in the order of votes received shall serve for terms of 
four years each, and the remaining two shall serve for terms 
of two years each. At each biennial municipal election 
thereafter, successors to the members of said board to be 
elected thereat shall be elected for terms of four years each. 

Section 3. All members of the existing board of as- 
sessors of said city shall cease to hold office upon the quali- 
fication of the members of the board of assessors elected at 
the biennial municipal election in the year nineteen hundred 
and forty-nme. 

Section 4. Such provisions of chapter two hundred and 
forty of the acts of eighteen hundred and ninety-nine, and 
acts in amendment thereof and in addition thereto, as are 
inconsistent with this act are hereby repealed. 

Approved April 29, 1949. 



Acts, 1949. — Chaps. 235, 236. 155 



An Act eelating to the salary and compensation of (Jhav 235 

ASSESSORS AND COLLECTORS FOR SERVICES WHEN ASSESS- 
ING AND COLLECTING DISTRICT TAXES. 

Be it enacted, etc., as follows: 

Chapter 41 of the Geceral Laws is hereby amended by g. l. (Tm. 
inserting after section 108 A, as amended by chapter 351 of floss! addld. 
the acts of 1948, the following section: — Section 108B. In salary of 
a town in which a fire, water or improvement district has assessors and 

, , ,. ' ,^, 1.1 . collectors in 

been created and is operating under a law which requires water, fire or 
the assessors of the town to assess district taxes and the dTstrfcts.'^^'^*^ 
collector of taxes of the town to collect such taxes, such dis- 
trict shall annually appropriate money for the salary or com- 
pensation of the assessors and collector of taxes, which shall 
be in addition to the amounts fixed by the town for salary 
or compensation as provided by section one hundred and 
eight. The amounts appropriated for said purposes shall not 
be less than the amounts determined by the prudential com- 
mittee of the district, or, if there be no prudential committee, 
by the water commissioners of the district and the selectmen 
of the town. If the said prudential committee or water 
commissioners, as the case may be, and the selectmen can- 
not agree on the amounts and the commissioner of corpora- 
tions and taxation is so notified, the said commissioner may 
determine the amounts and shall notify the assessors who 
shall include the amounts determined by said commissioner 
in the aggregate amount assessed annually for district taxes, 
and the amounts assessed shall be paid said assessors and 
collector. Said districts may also appropriate money for 
books, forms and other necessary expenses of said assessors 
and collectors of taxes in connection with the assessment 
and collection of such taxes. Approved April 29, 1949. 



An Act relative to the exemption op persons sixty- (J^nj) 236 

FIVE years of age OR OVER FROM THE PAYMENT OF POLL ^' 

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

Clause Seventeenth A of section 5 of chapter 59 of the g. l. (Ter. 
General Laws is hereby amended by strikmg out, in hne 2 of ftl! amended, 
the first sentence, as appearing in section 4 of chapter 186 of 
the acts of 1938, and in line 2 of the second sentence, as 
appearing in chapter 559 of the acts of 1943, the word 
"seventy" and inserting in place thereof, in each instance, 
the word : — sixty-five, — so as to read as follows : — 

Seventeenth A, Male inhabitants of the commonwealth Exemption of 

1 . . f, ' » 1 1 • J 1 persons sixty- 

vvho are sixty-five years oi age or over, or who, durmg the five or over 
preceding calendar year, were recipients of old age assistance tax^.^°" 
or of aid furnished by municipalities from funds appropriated 
by them for the relief, support, mamtenance and employ- 
ment of the poor, shall be assessed for, but shall be exempt 
at their request from the pajinent of, a poll tax. In case a 



156 



Acts, 1949. — Chaps. 237, 238, 239. 



male inhabitant of the commonwealth, who is sixty-five years 
of age or over, shall in any year request that he be exempt 
from payment of a poll tax, such request shall be deemed to 
continue in effect with respect to poll taxes assessed in sub- 
sequent years unless such inhabitant shall otherwise in writ- 
ing direct. Approved April 29, 1949. 



Chap. 2S7 An Act providing that the delivery of any policy of 

LIFE OR ENDOWMENT INSURANCE OR ANNUITY CONTRACT 
SHALL CREATE A PRESUMPTION THAT CERTAIN CONDITIONS 
PRECEDENT TO THE ATTACHING THEREOF HAVE BEEN PER- 
FORMED. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by 
inserting after section 186, as appearing in the Tercentenary 
Edition, the following section : — Section 186 A . The delivery 
of any policy of life or endowment insurance or annuity con- 
tract shall create a presumption that any conditions preced- 
ent, other than a condition requiring prepayment of the 
initial premium, to the attaching of the policy or contract 
have been performed. Approved April 29, 1949. 



Q. L. (Ter. 
Ed.), 175, new 
§ 186A, 
added. 
Presumption 
created by 
delivery of 
insurance 
policy. 



Chap. 23S An Act prohibiting the distribution of certain lists 

OR SLATES of CANDIDATES FOR NOMINATION OR ELEC- 
TION TO STATE OFFICE UNLESS THE NAME OF THE PERSON 
WHO IS RESPONSIBLE THEREFOR APPEARS THEREON. 

Be it enacted, etc., as follows: 

Chapter 56 of the General Laws is hereby amended by 
inserting after section 44, as appearing in section 11 of chap- 
ter 537 of the acts of 1946, the following section : — Section 
of list of ^"^^^ '^^ person shall distribute by mail or otherwise, or 

candidates for dircctly or indirectly cause to be distributed by mail or 
prohibUed^.* Otherwise, a list or slate containing names of candidates for 
state office to be nominated at state primaries or to be 
elected at a biennial state election, unless the name of some 
voter who is responsible therefor, with his residence and the 
street and number thereof, if any, appears therein in the 
nature of a signature. Violation of this section shall be 
punished by a fine of not more than one hundred dollars. 

Approved April 29, 1949. 



G. L. (Ter. 
Ed.), 56, new 
i 44A, added, 



Distribution 
of list of 



Chav 239 An Act authorizing the city of Cambridge to pay to 

the widow of the late city councillor MICHAEL A. 
SULLIVAN THE BALANCE OF THE SALARY TO WHICH HE 
would have been ENTITLED FOR THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. In recognition of his conspicuous public 
service for fourteen years in the city council of the city of 
Cambridge, and for the pubHc advantage that arises from 
recognizing such meritorious service, said city may ap- 



Acts, 1949. — Chaps. 240, 241. 167 

propriate and pay to the widow of the late Michael A. 
Sullivan the balance of the salary to which he would have 
been entitled had he lived and continued to serve in said 
council until the end of the current year. 

Section 2. Said balance of salary shall be paid by the 
city treasurer of said city to Mary C. Sullivan, said widow, 
in equal monthly instalments during the remainder of the 
current year. Approved April £9, 1949. 

An Act relative to the admissibility in evidence of QfiQ/n 240 

COPIES OF certain RECORDS AND DOCUMENTS. 

Be it enacted, etc., as follows: 

Chapter 233 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 79C, inserted by section 1 of chapter § rgb^^adckT 
183 of the acts of the current year, the following section: — 
Section 79D. Copies of any newspaper, or part thereof made Admissibility 
by the photographic or microphotographic process de- j^^ ^h^to^tatic 
posited in any public library or a library of any college or and micro- 
university located in the commonwealth, shall, when duly ^opi^l^^^'^ 
certified by the person in charge thereof, be admitted in records, 
evidence equally with the originals. 

A print, whether enlarged or not, from any photographic 
film, including any photographic plate, microphotographic 
film, photostatic negative or reproduction of any original 
record, document, instrument, plan, book or paper destroyed, 
lost or for any reason unavailable after such film was taken, 
shall be admissible in evidence in all instances that the 
original record, document, instrument, plan, book or paper 
might have been admitted in evidence, and shall have the 
full force and effect of said original if it is proved that (a) 
such reproduction was made iii the regular course of any 
business and that it was the regular course of any such 
business to make such reproductions; (6) said photographic 
film, microphotographic, photostatic or similar reproduction 
was taken in order to keep a permanent record of the original ; 
and (c) the said original was subsequently destroyed, lost or 
is unavailable. Approved April 29, 1949. 

An Act requiring payment by employers for medical (Jhnj. 941 

EXAMINATIONS OF EMPLOYEES. ^' 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section '159A, inserted by section 1 of chap- ne'^wi^^lge, 
ter 342 of the acts of 1937, the following section : — Sec- added. 
fion 169B. Any employer who requests or requires a per- p^^for^®"*° 
son who is a present or prospective employee to undergo a medical ex- 

1. 1 . ,. 1 ■,'-.. I'jii ji amination of 

medical exammation by a physician designated by the em- employees, 
ployer, as a condition to securing or continuing in employ- 
ment, shall reimburse said person for the medical expenses 
requested or required. Approved April 29, 1949. 



158 



Acts, 1949. — Chaps. 242, 243. 



Chap,242 An Act making the laws relative to the rehabilita- 
tion, CONSERVATION AND LIQUIDATION OF CERTAIN 
DOMESTIC AND FOREIGN INSURERS APPLICABLE TO 
DOMESTIC INSURANCE COMPANIES CONDUCTING AN INTRA- 
STATE BUSINESS ONLY. 



G. L. (Ter. 
Ed.), 175, 
§ 6, etc., 
amended. 



Commissioner 
may institute 
proceedings 
in certain 
cases. 



G. L. (Ter. 
Ed.), 176, 
§ 180B, etc., 
amended. 

Commissioner 
may be 
appointed 
receiver to 
rehabilitate 
certain 
insurance 
companies. 



Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 175 of the General Laws, 
as most recently amended by section 2 of chapter 488 of 
the acts of 19,39, is hereby further amended by striking out 
the last sentence of the first paragraph and inserting in 
place thereof the following sentence : — In the case of a 
domestic company conducting an intrastate business only, or 
of a domestic company transacting busmess in any other 
reciprocal state, as defined in section one hundred and 
eighty A, the commissioner, instead of proceeding under 
this section, may institute a proceeding under section one 
hundred and eighty B or one hundred and eighty C. 

Section 2. Section 180B of said chapter 175, inserted 
by section 3 of chapter 472 of the acts of 1939, is hereby 
amended by striking out the first sentence and inserting in 
its place the following sentence : — The commissioner may 
institute a rehabilitation proceeding against a domestic com- 
pany conducting an intrastate business only, or against a 
domestic company transacting business in any other recipro- 
cal state for any cause specified in section six, other than that 
the company has exceeded its powers or has violated any 
provision of law, by making application to the supreme 
judicial court for his appointment as receiver to rehabilitate 
such company and conserve its assets. 

Approved April 29. 1949. 



Chap. 2^3 An Act to authorize investment of municipal trust 

FUNDS IN SHARES OF SAVINGS AND LOAN ASSOCIATIONS. 



G. L. (Ter. 
Ed.), 44. § 54. 
etc., amended. 



Municipal 
trust funds 
may be in- 
vested in 
shares of 
savings and 
loan associa- 
tions. 



Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by 
striking out section 54, as most recently amended by sec- 
tion 1 of chapter 194 of the acts of 1948, and inserting in 
place thereof the following section: — Section 54- Trust 
funds, including cemetery perpetual care funds, unless other- 
wise provided or directed by the donor thereof, shall be 
placed at interest in savings banks, trust companies incor- 
porated under the laws of the commonwealth, banking com- 
panies incorporated under the laws of the commonwealth 
which are members of the Federal Deposit Insurance Cor- 
poration, or national banks, or invested by cities and towns 
in paid-up shares of co-operative banks, or in shares of 
savings and loan associations or in shares of federal savings 
and loan associations doing business in the commonwealth 
to an amount not exceeding five thousand dollars, or in 
bonds or notes which are legal investments for savings 
banks. This section shall not apply to Boston. 

Approved April 29, 1949. 



Acts, 1949. — Chap. 244. 159 



An Act authorizing the selectmen of the town of (Jfidj) 244 

NAHANT TO ACT AS A BOARD OF PUBLIC WORKS EXERCISING ^' 

THE POWERS OF CERTAIN OTHER BOARDS AND TOWN OF- 
FICERS. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Nahant from 
and after the annual meeting held following the acceptance 
of this act shall be a board of public works, and in said ca- 
pacity shall have and exercise, under the designation of 
selectmen, all the powers and duties now or from time to 
time vested by law in the following boards and officers in 
said town, to wit : — highway surveyor, water commissioners, 
sewer commissioners, cemetery commissioners, tree warden 
and board of health, and such boards and offices shall there- 
upon be abolished. No contracts or liabilities then in force 
shall be affected by such abolition, but the selectmen, act- 
ing as said board, shall in all respects be the lawful successor 
of the boards and offices so abolished. At the first annual 
meeting of the town held after said acceptance, the town 
shall elect one selectman for one year, one for two years and 
one for three years; and at each annual meeting thereafter 
the town shall elect their successor for terms of three years. 
The number of selectmen and their terms of office shall be 
subject to change as provided by chapter forty-one of the 
General Laws. 

Section 2. The selectmen shall appoint a superintendent 
of public works and shall fix his compensation provided that 
it shall not exceed the amount appropriated therefor by the 
town. He shall administer, under the supervision of and 
direction of the selectmen a department of public works 
which shall include the functions formerly performed by the 
highway, water, sewer, cemetery, tree warden and health de- 
partments and shall also administer, under the supervision 
and direction of the selectmen, such other departments under 
their supervision as the selectmen may designate, except the 
fire, police and public welfare departments. He shall be re- 
sponsible for the administration of all departments within 
the scope of his duty, and shall hold office subject to the will 
of the selectmen. He shall be specially fitted by education, 
training and experience to perform the duties of said office. 
He may or may not be a resident of the town when ap- 
pointed. During his tenure he shall hold no other elective 
or appointive office, nor shall he be engaged in any other 
business or occupation. He shall give bond to the town for 
the faithful performance of his duties in such sum, upon such 
conditions and with such surety or sureties as the selectmen 
may require, the expenses of such bond to be borne by the 
town, and shall, subject to the approval of the selectmen, 
appoint such assistants, agents and employees as the per- 
formance of the duties of the various departments under his 
supervision may require. He shall keep full and complete 
records of the doings of his office, and render to the select- 



160 Acts, 1949. — Chap. 244. 

men as often as they may require a full report of all operations 
imder his control during the period reported upon ; and an- 
nually, or from tim.e to time as required by the selectmen, he 
shall make a synopsis of all such reports for publication. He 
shall keep the selectmen fully advised as to the needs of the 
town within the scope of his duties, and shall furnish to the 
selectmen on or before December first in each year, a care- 
fully prepared and detailed estimate in writing of the appro- 
priations required during the ensuing fiscal year for the proper 
conduct of all departments of the town under his supervision. 

Section 3. This act shall not take full effect unless ac- 
cepted by a majority of the voters of said town, present and 
voting thereon by ballot in accordance with the provisions 
of General Laws, so far as the same shall be applicable, at a 
meeting which the selectmen shall call for the purpose not 
later than thirty days before the annual town meeting, in 
answer to the question which shall be placed upon the official 
ballot to be used at said meeting: — "Shall an act passed by 
the General Court in the year nineteen hundred and forty- 
nine entitled ' An Act authorizing the Selectmen of the Town 
of Nahant to act as a Board of Public Works exercising tlie 
powers of certain other Boards and Town Oflicers' be ac- 
cepted by the Town?" 

Section 4. At any time after the expiration of three 
years from the date on which this act is accepted, twenty 
per cent of the qualified voters may petition the selectmen 
that the question of rescinding such acceptance be submitted 
to the voters at a meeting to be held at least sixty days be- 
fore the annual towm meeting. The vote shall be taken by 
ballot in accordance with the provisions of General Laws, so 
far as the same shall be applicable in answer to the question 
which shall be placed upon the official ballot to be used at 
said meeting, "Shall an act passed by the General Court in 
the year nineteen hundred and forty-nine, entitled 'An Act 
authorizing the Selectmen of the Town of Nahant to act as 
a Board of Public Works exercising the powers of certain 
other Boards and Town Officers' be rescinded by this town?" 
If such action is favored by a majority of the voters voting 
thereon, ard if the total number of voters voting thereon 
shall be a majority of the registered voters of the town, the 
town shall at the next annual town meeting foUowing such 
vote elect such boards and officers as are necessary to exer- 
cise and perform the powers, rights and duties transferred 
to the board of public works by this act. Such action shall 
not affect any contract then existing or any action at law or 
suit in equity or other proceeding then pending. All general 
laws respecting town administration and town officers and 
any special laws relative to the town, the operation of which 
has been suspended or superseded by the acceptance of this 
act, shall be revived by such rescission and shall continue 
to be in full force and effect. By-laws in force when such 
rescission takes effect, so far as they are consistent with 
general laws respecting town administration and town offi- 



Acts, 1949. — Chaps. 245, 246. 161 

cers and with special laws relating to the town, shall not be 
affected thereby, but any other by-law inconsistent with 
such p;eneral or special laws shall be revoked. Any subse- 
quent vote to rescind the acceptance of this act shall not be 
taken oftener than or;ee in every three years. 

Approved April 29, 1949. 



C/iap.245 



An Act subjecting the office of supervisor of 
veterans' graves and registration in the city of 

BOSTON TO the CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of supervisor of veterans' graves 
and registration in the city of Boston shall, upon the effective 
date of this act, become subject to the civil service laws and 
rules and regulations, and the term of office of any incum- 
bent thereof shall be unlimited, subject, however, to said 
laws; provided, however, that the present incumbent of 
said office may continue to serve as such after passing a 
qualifying examination to which he shall be subjected by 
the division of civil service. 

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

Approved April £9, 1949. 

An Act exempting from taxation certain properti- (JJidj) 246 
IN the dracut water supply district. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter 433 of the acts of 1905 is hereby 
amended by striking out section 8 and inserting in place 
thereof the following section: — Section 8. Whenever a tax 
is duly voted by the district for the purposes of this act, the 
clerk shall send a certified copy of the vote to the assessors of 
said town, who shall assess the same on property within the 
district in the same manner in all respects in which town taxes 
are required by law to be assessed; provided, that no estate 
shall be subject to any tax assessed on account of the system 
of water supply under this act if, in the judgment of the board 
of water commissioners hereinafter provided for, after a 
hearing, due notice whereof shall have beer given, such 
estate is so situated that it can receive no aid in the extin- 
guishment of fire from the said system of water supply, or 
if such estate is so situated that the buildings thereon, or 
the buildings that might be constructed thereon, could not be 
supplied with water from said system in any ordinary or 
reasonable manner; but all other estates in the districi, shall 
be deemed to be benefited and shall be subject to such tax. 
A certified list of the estates exempt from taxation under the 
l)ro\nsions of this section shall annually be sent by said 
board of water commissioners to said assessors, at the same 
time at which the clerk shall send a certified copy of the 



162 Acts, 1949. —Chap. 247. 

vote as aforesaid. The assessment shall be committed to 
the town collector, who shall collect said tax in the manner 
provided by law for the collection of town taxes, and shall 
deposit the proceeds thereof with the district treasurer for the 
use and benefit of the district. The district may collect in- 
terest on overdue taxes in the manner in which interest is 
authorized to be collected on town taxes. 

Section 2. This act shall take full effect upon its accep- 
tance by a majority vote of the voters of the territory 
included within said district present and voting thereon, 
by the use of a check list, at a district meeting called within 
four j^ears after its passage, but not otherwise. 

Approved April 29, 1949. 

Chap. 24:7 An Act establishing a town manager form of govern- 
ment FOR THE TOWN OF IPSWICH. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Ipswich, 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 determined by 
ballot, shall be held on the second Monday in March of 
each year, and the annual meeting for the transaction of all 
other business shall be held on the first Monday of March 
each year at half past seven o'clock in the evening. 

Section 2. Election of Selectmen. — At the first town 
election following acceptance of this act, the registered voters 
of the town shall elect two selectmen for three years, two 
selectmen for two years and one selectman for one year. At 
each annual town election thereafter, the voters shall elect 
selectmen for three year terms to replace those whose terms 
are about to expire. When a vacancy occurs among the 
selectmen by reason of death, resignation, change of resi- 
dence from the town or other disability, the remaining select- 
men shall have power to fill the vacancy until the next annual 
town election, at which the voters shall elect a selectman for 
the remainder of the unexpired term. The selectmen shall 
serve until their respective successors are qualified. Upon 
the qualification of selectmen first elected under this act, the 
term of office of the board of selectmen then existing shall 
terminate. 

Section 3. Appointive Powers of Selectmen. — The select- 
men shall appoint, and may remove, election officers, the 
town accountant, 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 seven 
members of the school committee; two for a term of one 
year; two for a term of two years, and three for a term of 
three years; and annually thereafter there shall be elected 
members of the school committee, each for a term of three 



ACTS; 1949. — Chap. 247. 163 

years in the place of the members whose terms are about to 
expire. Members of the school committee elected hereunder 
shall serve until the qualification of their successors. 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 mem- 
bers of the school committee in the year of the annual 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 ScJiool Committee. — Upon the 
election and qualification of the seven members of the 
school committee elected as herein provided, all the powers, 
rights, duties and liabilities, except as hereinafter provided, 
now or hereafter conferred or imposed by law upon the school 
committee, shall be exercised and performed by the school 
committee elected under the provisions of this section. 
Nothing in this act shall be construed to affect the powers 
and duties of the school committee as provided by law, 
except as specifically provided herein. 

Section 6. Multiple Officers. — A member of the 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 
collector. The town manager, subject to any applicable 
provision of the General Laws relating thereto, may assume 
the duties of any office which he is authorized to fill by ap- 
pointment. 

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



TOWN manager. 

Se(;tion 8. Appoi7itment of Town Manager. — The select- 
men elected as provided herein shall appoint, as soon as 
practicable, for a term of three years, a town manager who 



164 Acts, 1949. — Chap. 247. 

shall be a person especially fitted by education, training and 
experience to perform the duties of the office. The town 
manager shall be appointed without regard to his political 
beliefs. He need not be a resident of the town or of this 
commonwealth when appointed and shall not during the 
three months prior to the annual election at which the 
selectmen are elected hereunder, be the holder of an elective 
or appointive ofiice in Ipswich, but shall be a resident of the 
town during his term of office. He may be appointed for 
successive terms of ofiice. 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 
performxance 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. Pending the appoint- 
ment 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 
oflicer 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. 

Section 11. Removal of Manager. — The selectmen, by 
a three fifths vote of the full membership of the board, may 
remove the town manager. At least thirty days before such 
proposed removal shall become effective, the selectmen shall 
file a preliminary written resolution vnth. 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, within thirty days after notice, 
so filed, may reply in writing to the resolution and may 
request a public hearing. If the manager so requests, the 
board of selectmen shall hold a public hearing not earlier 
than twenty days nor later than thirty days after the filing 
of such request. After such public hearing, if any, other- 
^\ase at the expiration of thirty days following the filing of 
the preliminary resolution, and after full consideration, the 
selectmen by a three fifths vote of the full membership of 
the board may adopt a final resolution of removal. In the 
preliminaiy resolution, the selectmen may suspend the 
manager from duty, but shall in any case cause to be paid to 
him forthwith any unpaid balance of his salary and his 
salaiy 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 



Acts, 1949. — Chap. 247. leg 

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, 
trust fund commissioners, 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, consolidate or abolish 
departments, commissions, boards or offices under his 
direction and supervision, in whole or in part, may establish 
such new departments, commissions, boards and offices as 
he deems necessary, and may transfer the duties and powers 
of one department, commission, board or office to another 
and may, with the approval and consent of the finance 
committee, transfer the appropriation of one department, 
commission, board or office to another. 

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

(d) Notwithstanding the provisions of section one hun- 
dred and eight of chapter forty-one of the General Laws, but 
subject to all apphcable provisions 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 removal 
is being considered. 

(/) The town manager shall keep full and complete records 
of his office, and shall render as often as may be required bj'- 
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 expedient. 

(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. 



166 Acts, 1949. — Chap. 247. 

{{) The town manager shall purchase all supplies and ma- 
terials 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 such 
department. 

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

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

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

(m) The town manager shall appoint all necessary town 
officers not specifically provided for herein. 

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

Section 15. Appointment of Planning Board, — There 
shall be established a planning board as herein provided 
which shall have all the powers and duties of planning boards 
established in accordance with section eighty-one A of chap- 
ter forty-one of the General Laws, except that such planning 
board shall not be authorized to act as playground commis- 
sioners. 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 
successor shall be appointed by the town manager for a term 
of five years. Any vacancy shall be filled for the unexpired 
term by the town manager. Upon the appointment and 
qualification of the members of the board, the term of office 
of members of the then existing planning board shall ter- 
minate. 

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



Acts, 1949. — Chap. 247. 167 

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

The town manager may appoint an agent of the board of 
public welfare who maj'' 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 public welfare in 
towns, but in the performances of his duties he shall be sub- 
ject to the general supervision and direction of the town 
manager. 

Section 17. Appointmentof 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 ap- 
pointed 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 b}'' the town manager, a member for 
a term of three years in the place of the member whose term 
is to expire. The members shall serve until their successors 
are appointed and qualified. If for any reason a vacancy 
occurs in the membership of the board of health, the vacancy 
shall be filled forthwith by the town manager for the unex- 
pired term. Upon the appointment and qualification of the 
members of the board of health as provided in this section 
the terms of office of the members of the then existing board 
of health of the town shall terminate. The board of health 
appointed hereunder shall organize for the proper conduct of 
their duties and shall possess all the powers and rights and 
be subject to all the duties and liabilities conferred or im- 
posed by law upon the boards of health of towns, but in the 
performance of their duties they shall be subject to the gen- 
eral 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 pos- 
sesses all the powers and liabilities conferred or imposed by 
law upon agents of boards of health in towns, but in the per- 
formance of his duties he shall be subject to the general 
supervision and direction of the town manager. 

Section 18. Appointment of Board of Playground Com- 
missioners. — The town manager shall appoint a board of 
playground commissioners to consist of five suitably quali- 



168 Acts, 1949. — Chap. 247. 

fied persons. Two 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 or members for 
a term of three years in the place of the member or mem- 
bers whose term is to expire. The members shall serve until 
their successors are appointed and qualified. If for any 
reason a vacancy occurs in the membership of the board of 
playground commissioners, the vacancy shall be filled forth- 
with by the town manager for the unexpired term. Upon 
the appointment and qualification of the members of the 
board of playground commissioners as provided in this 
section the terms of office of the members of the then existing 
board of playground commissioners of the town shall termi- 
nate. The board of playground commissioners appointed 
hereunder shall organize for the proper conduct of their 
duties and shall possess all the powers and rights and be 
subject to all the duties and liabilities conferred or imposed 
by law upon the boards of playground commissioners of 
towns, but in the performance of their duties they shall be 
subject to the general 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 Com- 
missioners. — 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 qualification 
of the members of the board of cemetery commissioners as 
provided in this section the terms of office of the members of 
the then existing board of cemetery commissioners of the 
town shall terminate. The board of cemetery commissioners 
appointed hereunder shall organize for the proper conduct 
of their duties and shall possess all the powers and rights 
and be subject to all the duties and liabilities conferred or 
imposed by law upon boards of cemetery commissionei-s 
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 per- 
formance of their duties by the chairman of the selectmen 
or by a justice of the poace. 

Section 20. Appointment of Board of Fire Emjineers. — 
The town manager shall appoint a board of fire engineers 
to consist of three suitably qualified persons. One of said 



Acts, 1949. — Chap. 247. 159 

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 fire engineers, the vacancy shall be filled forth- 
with 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 to"\vn 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 board of fire engineers shall appoint, subject to the 
approval of the town manager, a chief of the department. 

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

Section 22. Toiun Clerk. — The town manager shall 
appoint a suitably qualified person to the office of town clerk. 
The existing elective oflB.ce of town clerk shall be continued 
until the person appointed to said ofl5ce 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- 



170 Acts, 1949. — Chap. 247. 

form the duties and be subject to the liabihties 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. Town Treasurer. — The town manager shall 
appoint a suitably qualified person to the office of town treas- 
urer. The existing elective office of town treasurer shall be 
continued until the person appointed to said office of town 
treasurer shall have qualified, at which time the elective 
office of town treasurer shall terminate. The town treasurer 
shall have the powers, perform the duties, and be subject 
to the liabilities and penalties now or hereafter conferred 
or imposed by law upon town treasurers but in the conduct 
of his office shall be subject to the supervision and direction 
of the town manager. Whenever it shall be necessary to 
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. Town Collector. — The town manager shall 
appoint a suitably qualified person to the office of town col- 
lector. The existing elective office of town collector shall 
be continued until the person appointed to said office of town 
collector shall have qualified, at which time the elective office 
of town collector shall terminate. The collector shall have 
the powers, perform the duties and be subject to the liabili- 
ties 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. — Except as otherwise 
provided in this 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 accountants but in the performance of his duties 
he shall be subject to the general supervision and direction 
of the town manager. The town accountant shall be sworn 
to the faithful performance of his duties by the town clerk 
or by a justice of the peace. 

Section 26. Department of Public Works. — There shall 
be established a department of pubhc works as herein pro- 
vided. Amongst other responsibilities the collection and 
removal of refuse, garbage and offal shall also be the duty 
of this department. The town manager shall appoint a 
suitably quahfied person or persons to the office of superin- 
tendent of public works or superintendents of such classifi- 



Acts, 1949. — Chap. 247. 171 

cations of departments herein as he shall establish who may 
be removed by the town manager, for cause, as provided 
in section thirteen. The person or persons so appointed 
hereunder shall possess all the powers and rights and be sub- 
ject to all the duties and liabilities now or hereafter con- 
ferred by law, general or special, upon the municipal water 
and light commissioners of the town, park commissioners, 
superintendent of highways and tree warden, but in the 
performance of his or their duties he or they shall be subject 
to the general supervision and direction of the town manager. 
He or they shall be sworn to the faithful performance of his 
or their duties by the town clerk or by a justice of the peace. 
Upon the appointment and qualification of such superintend- 
ent or superintendents as provided in this section, the terms 
of office of the then existing water and light commissioners, 
highway superintendent, tree warden, light superintendent 
and park commissioners shall terminate. The town manager 
shall establish such divisions and subordinate ofiices within 
the department of public works as he deems necessary and 
shall prescribe the powers, rights, duties, and liabilities of 
the same. 

LEGAL AFFAIRS. 

Section 27. Appointment of Town Counsel. — The town 
manager shall annually appoint an attorney-at-law to act 
as town counsel, who shall draft all bonds, deeds, leases, 
obligations, conveyances and other legal instruments and 
shall perform such other legal services as may be requested 
of him by a vote of the town, by the town manager, or by 
any board of town officers. Also, when so requested he shall 
furnish a written opinion on any question that may be sub- 
mitted to him, and he shall at all times upon request of the 
town manager furnish legal advice to any officer of the town 
who may require his advice upon any subject concerning the 
duties of such officer. He shall prosecute all suits or other 
legal proceedings ordered to be brought by the town or by 
the board of selectmen, and shall appear before the courts 
of the commonwealth in defense of all actions or suits brought 
against the town or its officers in their official 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 behaK of the town 
whenever his services may be required. 

Section 28. Approval of Warrants. — The town manager 
shall be the chief fiscal officer of the town. Warrants for the 
payment of town funds prepared by the town accountant in 
accordance with the provisions of section fifty-six of chapter 
forty-one of the General Laws shall be submitted to the town 
manager. The approval of any such warrant by the town 
manager shall be sufficient authority to authorize payment 
by the town treasurer, but the "selectmen shall approve all 
warrants in the event of the absence of the town manager or 
a vacancy in the office of town manager. 



172 Acts, 1949. — Chap. 247. 

Section 29. Investigation of Claims. — Whenever any 
payroll, bill or other claim against the town is presented to 
the toAvn manager he shall, if the same seems to him to be of 
doubtful validitj'', excessive in amount, or otherwise con- 
trary to the interests of the town, refer it to the selectmen 
who shall immediately investigate the facts and determine 
what, if any, payment should be made. Pending such in- 
vestigation and determination by the selectmen, payment 
shall be withheld. 

Section 30. Receipts paid to the 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 31. Fees paid to Treasury. — The aggregate 
annual compensation of each town employee appointed by 
the manager shall be limited to the amount established in 
accordance with the provisions of this act and all fees re- 
ceived in accordance with the provisions of any general or 
special law shall be paid into the treasury of the town. 

Section 32. Certain Town Officers not to make Contracts 
with the Town. — It shall be unlawful for any selectman, 
the town manager, any member of the school committee, 
or any other elective or appointive official, except as other- 
wise 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, discount, bonus, gift, contribution 
or reward from, or any share in the profits of, any person 
or corporation making or performing such a contract, 
unless the official concerned, immediately 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 by both such fine and 
unprisonment. 

Section 33. Estimates of Expenditures. — On or before 
the tenth 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 



Acts, 1949. — Chap. 247. 173 

and department, together with a statement of the expendi- 
tures 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 
received 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 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 liabilities of the town 
together with an estimate of the tax rate necessary to raise 
said amount. For the purpose of enabling the town manager 
to make up the annual estimate of expenditures, all boards, 
officers, and committees of the town shall, upon his written 
request, furnish all information in their possession and 
submit to him in writing a detailed estimate of the appro- 
priations required for the efficient and proper conduct of 
their respective departments during the next fiscal year. 

Section 34. Annual Budget. — The selectmen shall 
consider the tentative budget submitted by the town manager 
and make such recommendations relative thereto as they 
deem expedient and proper in the interests of the town. On 
or before the twenty-fifth day of January 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 35. 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 com- 
mittee. The moderator elected under the provisions of 
this act in the year nineteen hundred and fifty-one shall 
forthwith appoint three members of the finance committee 
for terms of one year, three members for terms of two years, 
and three members for terms of three years. At each annual 
town meeting thereafter the moderator shall appoint three 
members of said committee for terms of three years. The 
terms of office of said members shall commence immediately 
upon their qualification and shall expire at the final ad- 
journment of the annual town meeting at which their suc- 
cessors are appointed. Said committee shall choose its 
own officers and shall serve without pay. It shall cause 
to be kept a true record of its proceedings. Upon the ap- 
pointment and qualification of a finance committee as 
provided herein the terms of office of all members of the 
then existing committee shall terminate. 

Section 36. Appointments to fill Vacancies. — The said 
committee shall fill any vacancy which may occur in its 
membership, by vote, an attested copy of which shall be 
sent by its secretary to the town clerk. If any member is 



174 Acts, 1949. — Chap. 247. 

absent from three 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 adjournm.ent 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 37. 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. A public 
hearing shall be held at least ten days before the annual 
town meeting upon all such articles in the warrant for such 
meeting and a notice of such hearing shall be given by post- 
ing a copy thereof in at least three public places in the town 
not less than three days before the time of holding such 
hearing. The finance committee may hold a public hearing 
on any or all articles in the warrant for a special town 
meeting. Notice of such hearing shall be given by posting 
a copy thereof in at least three public places in the town 
not less than three days before the time of holding such 
hearing. Said committee, after due consideration of the 
subject matter of such articles in any warrant, shall report 
thereon to the town meeting, in writing, such recommenda- 
tions 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 fifteen days before the 
first Monday in March and the town clerk shall forthwith 
cause said report to be printed and a copy thereof to be 
distributed prior to said meeting to each registered voter 
in the town. 

if Section 38. 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 sec- 
tion thirty-seven. 

No recommendation of the finance committee relating to 
any article in the town warrant requiring the appropriation 
of money shall be increased or decreased except by a two 
thirds vote of the town meeting. 

Section 39. Free Access to Financial Data. — In the 
discharge of its duty, said committee shall have free access 



Acts, 1949. — Chap. 247. 175 

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 activities. 

Section 40. 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 41. All powers, rights, duties and liabilities 
which, by chapter three hundred and thirteen of the acts 
of eighteen hundred and ninety and chapter one himdred 
and six of the acts of nineteen hundred and four and any 
acts in amendment thereof or supplemental thereto, are 
vested in the board of water commissioners, the board of 
selectmen or the board of water and municipal light com- 
missioners of the town of Ipswich, are hereby transferred 
to and invested in the town manager appointed under the 
provisions of this act. No contracts, rights or liabilities so 
existing at the time of the effective date of the acceptance of 
this act shall be affected hereby. 

Section 42. Submission of Act and Time of Taking 
Effect. — This act shall be submitted to the qualified voters 
of the town of Ipswich for acceptance at the annual election 
to be held on the second Monday in March, nineteen hun- 
dred and fifty. 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-nine entitled 'An act 
establishing a town manager form of government for the 
town of Ipswich' be accepted?" If this act shall be so ac- 
cepted by a majority of the qualified voters voting thereon it 
shall take effect immediately following the next annual 
town meeting 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 prepared 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 pur- 
poses of the annual meeting for the year following its ac- 
ceptance 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 abohshed and consolidated by this act 
shall continue to draw compensation at the same rate and to 
exercise like powers, authority and jurisdiction as theretofore 
until provision otherwise is made. 

If this act is rejected by the qualified voters of the town 
of Ipswich when first submitted to said voters under this 
section, it shall be submitted for acceptance in like manner 



176 Acts, 1949. — Chap. 247. 

to such voters at the annual town election in said town in 
the year nineteen hundred and fifty-one, and, if accepted by 
a majority of such voters voting thereon at said election, 
rshall take effect as hereinbefore provided. 

Section 43. Duties of Certain Town Officials relative to 
Election. — It shall be the duty of the selectmen and the 
town clerk in office and any other town official upon whom 
by reason of his office a duty devolves by the provisions of 
this act, when this act is accepted by 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. By-Laws, Rules, etc. — All law, by-laws, rules 
and regulations in force in the town of Ipswich 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 
regulations, so far as they refer to the town of Ipswich, are 
hereby repealed and annulled, but such repeal shall not re- 
vive any pre-existing enactment. 

Section 45. Revocation of Acceptance. — At any time 
after the expiration of three years from the date of which 
this act is accepted and not less than sixty 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, requesting that the question 
of revoking the acceptance of this act be submitted to the 
voters. Thereupon the selectmen shall cause the question of 
revocation of the acceptance to be placed on the ballot at 
the next annual election, at said election 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 Ipswich of an act passed by the General Court in 
the year 1949, entitled 'An act establishing a town manager 
form of government for the town of Ipswich' 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 meeting 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 ; pro- 
vided, that all town officers holding office under this act shall 
continue to hold office until their successors have been duly 
qualified. At the 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 required 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 an- 
nually prior to the acceptance of this act. It shall be the 
duty of the selectmen and the town clerk in office and any 



Acts, 1949. — Chaps. 248, 249. 177 

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 required to be elected following the 
revocation of this act. The said revocation shall not affect 
any contract then existing ur any action at law or any suit 
in equity or any other proceedings then pending, with the 
exception of any contract made by the town, with the town 
manager then in office, whose office shall be abolished im- 
mediately upon such vote, but who shall receive three months 
compensation from such date following such revocation. The 
board of selectmen shall be charged with all the powers and 
duties of the town manager which duties and responsibilities 
may discharge by themselves or by a temporary town man- 
ager appointed by them. 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 said revocation takes 
effect, so far as consistent with the general laws respecting 
town government and town officers and the said special laws, 
shall not be affected thereby. Approved April 29, 1949. 



Chap. 248 



An Act providing for the payment of an annual 

salary of five hundred dollars to each of the 

members of the board of aldermen of the city of 
chicopee. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law to the contrary, the annual salary of 
each of the members of the board of aldermen of the city of 
Chicopee shall be five hundred dollars. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Chicopee at the regular 
municipal election in the current year in the form of the fol- 
lowing question which shall be placed upon the official ballot 
to be used at said election: — "Shall an act of the general 
court passed in the current year, entitled 'An Act providing 
for the payment of an annual salary of five hundred dollars 
to each of the members of the board of aldermen of the city 
of Chicopee', be accepted?" If a majority of the voters 
voting thereon vote in the affirmative in answer to said 
question this act shall take full effect on January first, nine- 
teen hundred and fifty. Approved April 29, 1949. 

An Act authorizing the solemnization of marriages QJini) 049 

BY ordained deacons IN THE METHODIST CHURCH. ^* 

Be it enacted, etc., as folloivs: 

Section 38 of chapter 207 of the General Laws, as most a. l. (Ter. 
recently amended by section 2 of chapter 197 of the acts of fH; etJ.'. 
1946, is hereby further amended by inserting after the word amended. 
"denomination" in lines 7 and 8 the words: — ,|including 



178 



Acts, 1949. — Chap. 250. 



Marriage 
may be 
solemnized by 
ordained 
deacons in 
The Metho- 
dist Church. 



ordained deacons in The Methodist Church, — so as to read 
as follows : — Section 38. A marriage may be solemnized in 
any place within the commonwealth by a minister of the 
gospel who resides in the commonwealth or who if a non- 
resident is the pastor of a church or denomination duly 
established in the commonwealth and who is recognized by 
his church or denomination as dul}-- ordained and in good and 
regular standing as a minister of such church or denomina- 
tion, including ordained deacons in The Methodist Church; 
by a rabbi of the Israelitish faith, duly licensed by a con- 
gregation of said faith established in the commonwealth, 
who has filed with the clerk or registrar of the city or town 
where such congregation is established, a certificate of the 
establishment of the synagogue therein, the date of his 
appointment thereto and of the term of his engagement; 
by a justice of the peace if he is also clerk or assistant clerk 
of a city or town, or a registrar or assistant registrar, in the 
city or toAvn where he holds such office, or, if he is also clerk 
or assistant clerk of a court, in the city or town where the 
court is authorized to be held, or, if he has been designated 
as provided in the following section and has received a 
certificate of designation and has qualified thereunder, in 
the city or to^vn where he resides; and it may be solemnized 
among Friends or Quakers according to the usage of their 
societies, and it may be solemnized among the Baha'is by the 
chairman of an incorporated local spiritual assembly of the 
Baha'is according to the usage of their society; but no 
person shall solemnize a marriage in the commonwealth 
unless he can read and write the English language. 

Churches and other religious organizations shall file in the 
office of the state secretary information relating to persons 
recognized or licensed as aforesaid, in such form and at such 
times as the secretary may require. 

Approved April 29, 1949. 



Chap. 250 An Act authorizing the city of Worcester to take 

LAND FROM A PUBLIC PLAYGROUND IN SAID CITY FOR 
HIGHWAY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of widening Fowler street 
in the city of Worcester, and for the purpose of creating a 
public way, said city is hereby authorized to take land from 
Logan Field, a public playground in said city and under the 
jurisdiction of its parks and recreation commission. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Worcester, subject to the 
provisions of its charter, and by the parks and recreation 
commission of said city. Approved April 29, 1949. 



Acts, 1949. — Chaps. 251, 252, 253. 179 



An Act authorizing fraternal benefit societies to (Jhnnj 251 

ADMIT CERTAIN ADDITIONAL INSURANCE MEMBERS WITH- ^' 

OUT MEDICAL EXAMINATION. 

Whereas, The deferred operation of this act would tend pr'^amWe''^ 
to defeat its purpose, which is in part to make the benefits 
thereof immediately available to fraternal benefit societies, 
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 31 of chapter 176 of the General Laws, as most g. l. (Ter. 

Rfl ^ 1 7fi 

recently amended by chapter 393 of the acts of 1947, is § 31.' etc.,' 
hereby further amended by inserting after the word "there- ^'"^"ded. 
for", in fine 15, the following: — ; and, provided further, 
that any such society may accept, without medical exami- 
nation, for a face amount of life insurance not more than 
three thousand dollars on any one life, any person not more 
than forty-five years of age who shall make acceptable 
declaration of his insurability. Approved May 3, 1949. 



An Act authorizing fraternal benefit societies to Qhn^ 252 
ISSUE contracts providing for the payment of an- ^' 

NUITIES. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is in part to make the benefits '^'^^*"" 
thereof immediately available to fraternal benefit societies, 
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 first sentence of section 19 of chapter 176 of the o. l. (Ter. 
General Laws, as amended by section 6 of chapter 346 of ftc!,^'amended^' 
the acts of 1945, is hereby further amended by inserting 
after the word "benefits", in lines 1 and 2, the words: — 
, and may issue to its members term, life, endowment and 
annuity certificates and combinations thereof. 

Approved May 3, 1949. 



An Act defining the term "net accretions" with 

RESPECT TO the USE OF MORTUARY FUND INCOME BY 
FRATERNAL BENEFIT SOCIETIES. 



C/iap.253 



Whereas, The deferred operation of this act would tend Emergency 



to defeat its purpose, which is in part to make the benefits 
thereof immediately available to fraternal benefit societies, 
therefore, it is hereby declared to be an emergency law. 
necessary for the immediate preservation of the public 
convenience. 



preamble. 



180 Acts, 1949. — Chaps. 254, 255. 

Be it enacted, etc., as follows: 

Ed 'r 176^"^' Section 14 of chapter 176 of the General Laws, as amended 

§ i'4,' etc' by section 5 of chapter 346 of the acts of 1945, is hereby 

amended. further amended by adding at the end the following sen- 

ti!!!i1f"''deffned tcnce: — The term "net accretions" shall mean all interest, 

dividends and other income less the reasonable expenses 

incident to the investment, care and maintenance of the 

securities and other assets of such funds. 

Approved May 3, 1949. 



Chap. 254i An Act increasing the amount of money that may be 

BORROWED BY THE TOWN OF FOXBOROUGH FOR THE PUR- 
POSE OF PURCHASING LAND AND CONSTRUCTING THEREON 
AN ADDITION TO THE HIGH SCHOOL BUILDING, AND FOR 
EQUIPPING AND FURNISHING SAID ADDITION. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 16 of the acts of the cur- 
rent year is hereby amended by striking out, in line 6, the 
word "three" and inserting in place thereof the word: — 
four, — so as to read as follows : — Section 1 . For the pur- 
pose, of purchasing land and constructing thereon an addi- 
tion to the high school building, and originally equipping 
and furnishing said addition, the town of Foxborough 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 and fifty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Foxborough School Addition 
Loan, Act of 1949. 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 take effect upon its passage. 

Approved May 4, 1949. 



Chap. 255 An Act further providing for the health and safety 

OF CERTAIN EMPLOYEES IN TEXTILE FACTORIES. 

Be it enacted, etc., as follows: 

Ed.V; H9,'' Chapter 149 of the General Laws is hereby amended by 

new '§141 A, inserting after section 141 the following section: — Sec- 

cemin tion 14IA. No person or persons employed in a textile fac- 

empioyees tory, whose principal employment is the tending or repairing 

faotories^'not of machinery, shall be required to lift by hand, as a regular 

ovwl "certain P^^'^ ^f his Or their duties, any object or objects the com- 

weighi. bined weight of which totals more than three hundred and 
twenty-five pounds. Approved May 4, 1949. 



Acts, 1949. — Chap. 256. 181 



An Act relative to the membership of recreation (j}fQr) 256 

COMMISSIONS IN CITIES AND TOWNS AND PROVIDING THAT ^' 

TWO OR MORE TOWNS MAY ESTABLISH JOINT COMMISSIONS. 

Be it enacted, etc., as follows: 

Chapter 45 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 14, as appearing in the Tercentenary fmende^d.^ '*' 
Edition, and inserting in place thereof the following: — Sec- Laying out, 
Hon 14. Any city or town may acquire land and buildings {foi of'piaT- 
within its limits by gift or purchase, or by eminent domain ^°"'*^,''^^„ 
under chapter seventy-nine, or may lease the same, or may or by join" 
use suitable land or buildings already owned by it, for the ofT^'^r"^ 
purposes of a public playground or recreation centre, and ^^te towns. 
may conduct and promote recreation, play, sport and physi- 
cal education, for which admission may be charged, on such 
land and in such buildings, and may construct buildings on 
land owned or leased by it and may provide equipment for 
said purposes. Buildings so acquired, leased or constructed 
may be used also for town meetings, and, with the consent 
of, and subject to the conditions and terms prescribed by, 
the officer or board in control of the building, may be used 
by the municipality, or by any department thereof, or by 
any person, society or other organization for such other 
public, recreational, social or educational purposes as the 
said officer or board may deem proper. For the purposes 
aforesaid, any city or town may appropriate money, and 
may employ teachers, supervisors and other officers, and may 
fix their compensation. Except in Boston and except as to 
the making of appropriations, the powers conferred by this 
section shall be exercised by the board of park commission- 
ers, or by the school committee, or by the planning board, 
or by a playground or recreation commission appointed by 
the mayor in a city or by the selectmen or town moderator 
in a town, or elected by the voters of the town at a town 
meeting; or may be distributed among the board of park 
commissioners, the school committee, the planning board 
and such playground or recreation commission, or among 
any two or more of them ; or they may be exercised by a com- 
mittee consisting of one member each designated by all or 
any one of said boards or commissions, together with two 
or more members at large appointed by the mayor or select- 
men or town moderator, or elected by the voters, accordingly 
as the city council or the town may decide. Any municipal 
officer or board authorized to exercise any of the powers 
conferred by this section Tnay conduct its activities on prop- 
erty under its control, on other public property under the 
control of other public officers or boards, with the consent 
of such officers or boards, or on private property, with the 
consent of the owners. Two or more towns may severally 
vote to establish co-operative arrangements between those 
towns for the provision and operation of recreational facili- 
ties and programs of mutual benefit to their citizens. The 
management and control of such facilities and programs and 



182 



Acts, 1949. — Chaps. 257, 258. 



the apportionment of the expenses for their maintenance 
and support shall be provided for by the authorized recrea- 
tion agencies of the participating towns. The provisions of 
section fifteen or sixteen shall not be construed to apply to 
any city or town because of any action taken under this 
section. Approved May 4, 1949. 



G. L. (Ter. 
Ed.), 25, § 3, 
amended. 



Commissioners 
not to be in 
the employ of, 
or pecuniarily 
interested in 
public utility 
companies 



Chap. 257 An Act providing that commissioners of the depart- 
ment OF PUBLIC utilities SHALL NOT BE PECUNIARILY 
INTERESTED IN CERTAIN PUBLIC UTILITY COMPANIES 
OR IN THE EMPLOY OF ANY PERSON FINANCING ANY SUCH 
COMPANY. 

Be it enacted, etc., as follows. ■ 

Chapter 25 of the General Laws is hereby amended by 
striking out section 3, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following : — 
Section 3. The commissioners shall be sworn to the faith- 
ful performance of their official duties. They shall not own 
or be in the employ of or own any stock in any public utility 
company nor shall they be in any way directly or indirectly 
pecuniarily interested in or connected with any such public 
utility company or in the employ or connected with any 
person financing any public utility company. They shall 
not personally or through any partner or agent render any 
professional service or make or perform any business con- 
tract with or for any public utility company, except con- 
tracts made with them as common carriers for furnishing 
of services, nor shall they directly or indirectly receive any 
commission, bonus, discount, present or reward from any 
public utility company. 

For the purposes of this section a public utility company 
is defined as any corporation, city, town or other govern- 
mental subdivision, partnership or other organization or any 
individual engaged within the commonwealth in any business 
which is, or the persons engaged in which are, in any respect 
made subject to the supervision or regulation of the depart- 
ment by any provision of law except chapter one hundred and 
ten A of the General Laws and chapter six hundred and fifty- 
one of the acts of nineteen hundred and ten, as amended. 

Approved May 5, 1949. 



Public utility 

company, 

defined. 



Chap. 258 An Act increasing the amount payable for burial 

EXPENSES under THE WORKMEN'S COMPENSATION ACT 
IN CASES WHERE THE DECEASED EMPLOYEE HAS NO DE- 
PENDENTS. 

Be it enacted, etc., as follows: 

Edt" isl"^! 33 Section 33 of chapter 152 of the General Laws, as most 

etc!, 'amended.' rcccntly amended by chapter 155 of the acts of 1948, is 

hereby further amended by adding at the end the follow- 



Acts, 1949. — Chaps. 259, 260, 261. 183 

ing: — ; provided, that in any case where there are no 
dependents of the deceased employee the insurer shall pay 
the expense of burial not exceeding five hundred dollars. 

Approved May -5, 1949. 



An Act relative to the holding of other offices or Chap. 259 

POSITIONS BY MEMBERS OF THE CITY COUNCIL IN THE 
CITY OF EVERETT. 

Be it enacted, etc., as follows: 

Chapter 355 of the acts of 1892 is hereby amended by 
striking out section 20 and inserting in place thereof the 
following : — Section 20. No member of the city council 
shall, during the term for which he is elected, hold any other 
office or position created during said term, the salary or 
compensation for which is payable from the city treasury 
unless he resigns as such member, nor shall he act as counsel 
or attorney before the city council or before either branch or 
any committee thereof. Approved May 5, 1949. 

An Act authorizing ambulances to display a red light C}iav.2Q0 

IN THE direction IN WHICH THE AMBULANCE IS PROCEEDING 
OR FACING. 

Be it enacted, etc., as follows: 

Section 7 of chapter 90 of the General Laws, as amended, Edo'9o.*§ 7, 
is hereby further amended by striking out the ninth sentence etc., 'ameadeij. 
and inserting in place thereof the following sentence : — 
No motor vehicle so operated, except fire apparatus and ^spiiyldby^^ 
ambulances, shall display a red light in the direction toward certain vehicles 
which the vehicle is proceeding or facing. ""^" 

Approved May 5, 1949. 



An Act establishing the salaries of the clerks and (J}iQ/r)^2^\ 

ASSISTANT clerks OF THE MUNICIPAL COURT OF THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 

Chapter 218 of the General Laws is hereby amended by g- L.^CTer. 
striking out section 75A, as amended by section 2 of chapter j'tsa, etc.. 
609 of the acts of 1946, and inserting in place thereof the ^"'ended. 
following section : — Section 75 A . The salary of the clerk salaries of 
of the municipal court of the city of Boston for civil business o/^ston" 
and the salary of the clerk of said court for criminal business ^"^"'p^ 
and the assistant clerks of said court for civil and criminal 
business shall be as follows: — Clerks, seventy per cent of 
the salary of the chief justice of said court; first assistant 
clerks, fifty-one per cent of the salary of the chief justice 
of said court; other assistant clerks, forty-five per cent of 
the salary of said chief justice of said court. 

Approved May 5, 1949. 



184 Acts, 1949. — Chap. 262. 



Chap. 262 -^n Act providing fob the construction of a limited 

ACCESS WAY ALONG THE SOUTHERLY SIDE OF THE CHARLES 
RIVER FROM NASHUA STREET NEAR THE LEVERETT STREET 
CIRCLE TO SOLDIERS FIELD ROAD IN BOSTON INCLUDING 
THE CONSTRUCTION OF TRAFFIC INTERCHANGES AT CHARLES- 
GATE EAST AND WEST AND CHARLES AND CAMBRIDGE 
STREETS AND AN UNDERPASS AT LEVERETT AND NASHUA 
STREETS, BOSTON. 

Be it enacted, etc., as folloivs: 

Section 1. The metropolitan district commission, here- 
inafter called the commission, is hereby authorized and 
directed to lay out and construct a limited access way for 
the purpose of and in accordance with the provisions of 
chapter ninety-two of the General Laws along the Charles 
river from Nashua street near the Leverett street circle to a 
point on Soldiers Field road near the Boston University 
bridge. That portion of such way lying between Soldiers 
Field road and Embankment road shall be known as the 
James J. Storrow JNtemorial Drive. 

Section 2. The construction shall include a traflQc 
interchange in the vicinity of the circle at Charles and 
Cambridge streets and modifications in the Longfellow bridge 
and its approaches to extend from a point on Cambridge 
street to a point on Main street in the citj'' of Cambridge. 

Section 3. The construction shall include an underpass 
from Charles street to Nashua street, under the circle at 
the Boston end of the Charles River dam. 

Section 4. The commission is authorized to relocate 
and/or reconstruct the Boston Marginal Conduit where it 
interferes with the construction authorized by this act. 

Section 5. Existing buildings, memorials and other 
structures that interfere with the construction authorized 
by this act shall be relocated or rebuilt at suitable locations 
on the Esplanade. 

Section 6. For the purposes of this act, the commis- 
sion may take in the name of the commonwealth, in fee or 
otherwise, under chapter seventy-nine of the General Laws, 
or may acquire by purchase, gift or otherwise, such public 
or private lands including parks lands in the cities of Boston 
and Cambridge as may be necessary and shall take in fee 
from the city of Boston that area of land bounded by Long- 
fellow bridge, the Charles river, Leverett street and Charles 
street known as the Charlesbank park and playground. 

Section 7. Where the construction authorized by this 
act results in the reduction of areas now used for recreational 
purposes, additional land of substantial^ equivalent area 
shall be made by filling in the river. A swimming pool shall 
be constructed on the Charlesbank and after construction 
the Charlesbank shall be maintained as a park and play- 
ground by the metropolitan district commission. 

Section 8. For any lands or buildings purchased under 
the provisions of this act the commission shall not pay more 



Acts, 1949. — Chap. 263. 185 

than the average assessed value of the last five years, plus 
twenty-five per cent. 

Section 9. The roadway shall consist of two lanes, 
each twenty-four feet in width, separated by a suitable 
dividing strip. From a point two hundred feet west of 
Clarendon street to a point opposite the end of Hereford 
street and from a point opposite the end of Raleigh street 
to a point at or near the Boston University bridge, the road- 
way shall be depressed to a grade not greater than one and 
one half feet above the present grade of the Charles river. 

Section 10. Suitable pedestrian overpasses shall be 
constructed at strategic locations to be determined by the 
commission. 

Section 11. In connection with the work above author- 
ized the commission may do such work as it may deem neces- 
sary or desirable, including fiUings, sea walls, beaches, slop- 
ing banks, shore protection, loaming, planting, surface 
drainage, walks, conduits, overflows, culverts and other work 
appertaining thereto. 

Section 12. Any person, injured or damaged in his 
property by the exercise of any of the powers granted by 
this act, shall be entitled to compensation therefor and may 
recover his damages from the commonwealth under chapter 
seventy-nine of the General Laws. 

Section 13. For the purposes of this act, the commis- 
sion may expend such sums as may hereafter be appro- 
priated from the sums made available. 

Approved May 5, 1949. 



An Act relative to the annual observance of loyalty r*/,^^ ofiS 

Whereas, The deferred operation of this act would tend Emergenoy 
to defeat its purpose, which is to make possible forthwith a '"^^'*"' 
proclamation by His Excellency the Governor setting apart 
May first as Loyalty Day, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by <; i, crer. 
inserting after section 12N, inserted by chapter 75 of the ^'j^o!'' "'"'' 
acts of 1949, the following section: — Section. 120. The added', 
governor shall annually issue a proclamation setting apart '''»»"^>' '^^*>- 
May first as Loyalty Day and recommending that it be 
observed by the people with appropriate exercises in the 
schools and otherwise, in recognition of the manifold blessings 
of freedom and hberty secured to the people of the United 
States by their constitutional form of government and 
preserved and maintained by the unselfish service and 
sacrifice of her people, to the end that we, mindful of the 
priceless heritage that has been handed down to us, may 
be ever vigilant against subversive movements calculated 



186 



Acts, 1949. — Chaps. 264, 265, 266. 



to undermine our American form of government, and may 
embrace this occasion to strengthen our sentiments of 
faith and loyalty to our country. Approved May 9, 1949. 

Chap. 26^ An Act naming the traffic overpass at the junction 

OF THE REVERE BEACH PARKWAY AND BROADWAY IN THE 
CITY OF REVERE THE ANDREW A. CASASSA OVERPASS. 

Be it enacted, etc., as follows: 

The traffic overpass at the junction of the Revere Beach 
Parkway and Broadway in the city of Revere is hereby 
named and shall hereafter be called the Andrew A. Casassa 
overpass. Approved May 9, 1949. 



Chap. 265 An Act relative to the due date of local taxes on 

PERSONAL PROPERTY. 



G. L. (Ter. 
Ed.). 59, § 57. 
etc., amended. 



Due date of 
local taxes 
on personal 
property. 



Application. 



Be it enacted, etc., as follows: 

Section 1. Section 57 of chapter 59 of the General Laws, 
as most recently amended by section 1 of chapter 522 of the 
acts of 1947, is hereby further amended by striking out the 
first sentence and inserting in place thereof the following: — 
Except as otherwise provided, bills for real estate and personal 
property taxes shall be sent out not later than June fourteenth 
of each year, and shall be due and payable on July first of 
each year in every city, town and district in which the same 
are assessed. 

Section 2. This act shall apply only to taxes assessed 
in the year nineteen hundred and fifty and thereafter. 

Approved May 9, 1949. 



Chap. 266 An Act relative to the display of red lights upon 
vehicles owned and operated by firemen, call 
firemen and forest wardens. 

Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by 
inserting after section 7D, inserted by section 2 of chapter 216 
of the acts of 1947, the following section : — Section 7E. 
The provisions of section seven notwithstanding, a vehicle 
owned and operated by a fire ward, forest warden, deputy 
forest warden, member of a fire department of any town, 
but not a city or call member of a fire department may have 
mounted thereon a red light which may be displayed in 
the direction toward which the vehicle is proceeding or fac- 
ing only when such owner and operator is proceeding to a 
fire or in response to an alarm and when the official duty of 
such owner and operator requires him to proceed to said 
fire or to respond to said alarm, and at no other time. 

No such red light shall be mounted or displayed on such 
vehicle until a written permit therefor, in form approved by 
the registrar, has been issued and delivered to the owner 



G. L. (Ter. 
Ed.), 90, new 
5 7E. added. 

Vehicles of 
certain per- 
sona may 
display red 
light only 
under certain 
conditions. 



Permit, issue 
and revocation 
thereof. 



Acts, 1949. — Chap. 267. 187 

and operator by the chief of the fire department or the board 
of fire engineers of the municipality, or by the chief or chief 
engineer of the fire district, respectively, wherein the owner 
and operator resides and has his primary official duties as 
fire ward, forest warden, deputy forest warden, member or 
call member of a fire department. Any person operating a 
vehicle upon which a red light herein authorized is mounted 
shall have the permit for said light upon his person or in the 
vehicle in some easily accessible place. Such permit shall 
be revoked by the issuing authority upon written request 
of the registrar, or when the holder thereof terminates the 
duties which warranted the issuance of the permit, or for 
unauthorized use of such light, and a permit shall not be 
reissued to the same owner without the written consent of 
the registrar. Upon revocation of his permit, the owner and 
operator shall forthwith deliver it to the issuing authority 
and remove the red light herein authorized from his vehicle. 
The person or board issuing such permits shall forthwith 
give notice to the head of the police department of the 
municipality and to the registrar of the name, place of 
residence and address of each person to whom such permit 
is issued and the name of the maker, the engine number and 
the registration number of each vehicle upon which the red 
light is to be displayed, and said person or board shall 
certify under penalties of perjury that each person to whom 
a permit has been issued is a duly authorized fire ward, 
forest harden, deputy forest warden, member, or call mem- 
ber of a fire department. Like written notice shall be given 
immediately by the issuing authority of each permit revoked 
and of the receipt thereof. Annually, on or before July first, 
said person or board shall deliver to said head of the police 
department and to the registrar a list of all permits out- 
standing and unrevoked containing the information and 
certification hereinbefore required. Nothing in this section 
shall authorize any owner or operator to disregard or violate 
any statute, ordinance, by-law, rule or regulation regarding 
motor vehicles or their use on ways of the commonwealth. 

Approved May 9, 19^9. 

An Act providing for the establishment of special Qjidj) 267 

GUARANTY FUNDS IN THE INCORPORATION OF CO-OPERA- 
TIVE BANKS. 

Be it enacted, etc., as follows: 

Section 3 of chapter 170 of the General Laws, as appearing g. l. (Ter. 
in chapter 144 of the acts of 1933, is hereby amended by ^ttl'ameAded. 
adding at the end the following sentences: — Said board may special 
require the subscribers to establish, or provide for the es- ma^y'b'e^ ^""'^ 
tablishment of, a special guaranty fund, in such amount as th'^^ng^r^'ora 
the board may determine, and in such event shall issue regu- tion of eo- 
lations governing the maintenance and withdrawal of said baX^.'^^ 
fund, which shall be paid in, in full, to the corporation before 
it commences business. Notice that such a special guaranty 



188 



Acts, 1949. — Chaps. 268, 269. 



fund will be maintained, and of the amount thereof, shall 
be included in the publication required by this section. 

Approved May 9, 1949. 



Chap. 2Q8 An Act relative to the reports to the commissioner 

OF BANKS OF MORRIS PLAN AND BANKING COMPANIES. 



G. L. (Ter. 
Ed.). 172A, M, 
etc., amended. 



Morris plan 
and banking 
companies to 
report to the 
commissioner 
of banks. 



G r-. (Ter, 
lid.), 172A, 
5 10, etc., 
amended. 

Treasurer to 
make certain 
reports to tlie 
commissioner 
weekly. 



Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 172A of the General 
Laws, as amended by section 6 of chapter 266 of the acts of 
1938, is hereby further amended by striking out, in line 10, 
the words " and liabilities as the commissioner shall prescribe. 
It" and inserting in place thereof the words: — , liabilities 
and earnings and operations as the commissioner shall pre- 
scribe. So much thereof as the commissioner may require, 
— so as to read as follows: — Section 4- Such corporation 
shall at such times as the commissioner orders, but not ex- 
ceeding five times within a calendar year, and within ten 
days after a daj'' designated in the order, make return to the 
commissioner, signed and sworn to by its president and 
treasurer and not less than three of its board of directors, 
showing accurately the condition of such corporation at the 
close of business on the day designated. Said return shall 
be in such form and shall specify such items of the corpora- 
tion's assets, liabihties and earnings and operations as the 
commissioner shall prescribe. So much thereof as the com- 
missioner may require shall be published at such times and 
in such manner as the commissioner shall direct by and at 
the expense of such corporation in a newspaper published 
in or nearest to the city or town where such corporation is 
located. 

Section 2. Section 10 of said chapter 172A, as amended 
by section 3 of chapter 115 of the acts of 1946, is hereby 
further amended by adding at the end the following two 
sentences: — The treasurer of every such corporation, or 
other officer or employee thereof charged with the duties 
and functions usually performed by the treasurer, shall 
report in writing to the commissioner once in each week a 
statement of its reserve for each business day of the preced- 
ing week. Any such officer or employee who neglects or fails 
to make such report as above provided shall be punished 
by a fine of not more than five hundred dollars or bj^ im- 
prisonment for not more than six months, or both. 

Approved May 9, 1940. 



('hap.2QQ An Act further deferring the exercise by co-opera- 
tive BANKS OF THE PRIVILEGE OF CONVERTING INTO 
certain FEDERAL AGENCIES. 

Be it enacted, etc., as follows: 

Section 2 of chapter 235 of the acts of 1943, as most 
recently amended by chapter 45 of the acts of 1948, is 
hereby further amended by striking out, in line 3, the word 



Acts, 1949. — Chaps. 270, 271. 189 

"six" and inserting in place thereof the word: — seven, — 
so as to read as follows: — Section 2. The privilege of 
conversion permitted by said section fifty A shall not be 
exercised by any co-operative bank during the period of 
seven years immediately following September first, nineteen 
hundred and forty-three. Approved May 9, 1949. 

An Act relative to changes in the location of the nhn^ 270 

PRINCIPAL banking HOUSES OF SAVINGS BANKS. ^ 

Be it enacted, etc., as follows: 

Section 25 of chapter 168 of the General Laws, as amended g.l. (Ter _ 
by section 8 of chapter 334 of the acts of 1933, is hereby etc! , 'amended'^' 
further amended by inserting after the word "established" 
in lines 6 and 7 the words: — , and which shall not be moved 
without the consent of the commissioner, — so as to read as 
follows: — Section 25. Such corporation shall carry on its savings banks 
usual business at its banking house only, and a deposit Cl-andt^offices 
shall not be received or payment on account of deposits be j^^thm certain 
made by the corporation or by a person on its behalf in 
any other place than at its banking house, which shall be 
in the town where the corporation is established, and which 
shall not be moved without the consent of the commissioner ; 
except that the corporation may, with the written permis- 
sion of and under regulations approved by the commissioner, 
maintain and establish one or more branch offices or depots 
in the town where its banking house is located, or in towns 
not more than fifteen miles distant therefrom where there is 
no savings bank at the time when such permission is given. 

Approved May 9, 1949. 

An Act to authorize the city of qutncy to borrow QJkij) 271 
money for the purpose of constructing a public 
parking place, including drainage and installation 
of lighting facilities, and authorizing the installa- 
tion of parking meters on such parking place. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a public 
parking space on land acquired by the city of Quincy for 
such purpose, said city 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, 
City of Quincy, Public Parking Loan, Acts of 1949. 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 authority of this act 
shall be within the statutory limit and, except as provided 
herein, shall be subject to applicable provisions of chapter 
forty-four of the General Laws, including the limitation 
contained in the first paragraph of section seven thereof. 



190 Acts, 1949. — Chaps. 272, 273, 274. 

Section 2. Said city may install parking meters on said 
parking space, and may acquire said meters in the manner 
provided by section twenty-two A of chapter forty of the 
General Laws. 

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

Approved May 10, 1949. 

Chap. 272 An Act to authorize the town of townsend to bor- 
row MONEY FOR THE PURPOSE OF CONSTRUCTING AN 
addition to a SCHOOL BUILDING AND FOR THE EQUIP- 
PING AND FURNISHING OF SAID ADDITION. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an ad- 
dition to a school building and originally equipping and 
furnishing said addition, the town of Townsend 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, one hundred thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Townsend School Addition Loan, Act of 
1949. 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 containedjin the 
first paragraph of section seven thereof. 

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

Approved May 10, 1949. 

Chap. 27S An Act extending the territorial jurisdiction of 

THE municipal COURT OF THE DORCHESTER DISTRICT. 

Be it enacted, etc., as follows: 

^j^.^Ter ^ Section 1. Section 1 of chapter 218 of the General Laws 
amended." ' is hereby amended by striking out the paragraph contained 

in lines 158 to 160, as appearing in the Tercentenary Edition, 

and inserting in place thereof the following paragraph : — 
•^ri8di^tk)n '^^^ municipal court of the Dorchester district, held at 

of Dorchester Dorchcstcr in Boston; ward twenty-four of Boston as it 
mMicipai existed on Febmary first, eighteen hundred and eighty-two, 
extended. and the territory comprised within the limits of precinct 

twelve of ward thirteen of Boston as it existed on November 

second, nineteen hundred and forty-eight. 

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

Approved May 10, 1949. 

Chap. 27 4: An Act authorizing the town of west springfield 

TO BORROW money FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for and 
constructing a high school building and of originally equip- 



Acts, 1949. — Chaps. 275, 276. 191 

ping and furnishing the same, the town of West Springfield 
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 milHon dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words. West Springfield High School Loan, Act of 1949. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be paid in not more than twenty years 
from their dates. Indebtedness incurred under this act shall 
be in excess of the statutory limit, but shall, except as herein 
provided, be subject to chapter forty-four of the General 
Laws, including the limitation contained in the first para- 
graph of section seven thereof. 

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

Approved May 10, 1949. 

An Act relative to the members of the board of license rihr,^ 275 

COMMISSIONERS IN THE CITY OF QUINCY. ^' 

Be it enacted, etc., as follows: 

Section 1. The board of license commissioners in the 
city of Quincy shall, on and after the effective date of this 
act, be composed of the chief of the fire department, the 
chief of the police department, the city clerk, the building 
inspector and the health commissioner. 

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

Approved May 10, 1949. 



Chap.27Q 



An Act requiring employers to file all relevant 

MEDICAL information WITH THE INDUSTRIAL ACCIDENT 
BOARD. 

Be it enacted, etc., as follows: 

Chapter 152 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 20, as most recently amended by chapter ^tci! 'amended!'' 
390 of the acts of 1946, and inserting in place thereof the 
following section : — Section 20. Copies of hospital records Employers to 
kept in accordance with section seventy of chapter one ^ec5oar'^^*°* 
hundred and eleven, certified by the persons in custody information 
thereof to be true and complete, shall be admissible in 
evidence in proceedings before the department or any mem- 
ber thereof. The department or any member, before admit- 
ting any such copy in evidence, may require the party 
offering the same to produce the original record. All medical 
records and reports of hospitals, clinics and physicians of the 
insurer, em.ployer, or of the employee shall be filed with and 
open to the inspection of the department so far as relevant 
to any matter before it. Such reports shall be open to the 
inspection of any party. Approved May 10, 1949. 



192 



Acts, 1949. — Chaps. 277, 278, 279. 



Chap. 277 A.^ Act extending the time for application by dis- 
abled VETERANS FOR ABATEMENT OR EXEMPTION OF 
TAXES ASSESSED IN NINETEEN HUNDRED AND FORTY- 
EIGHT. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section fifty-nine of 
chapter fifty-nine, and section three A of chapter sixty, 
of the General Laws, any disabled veteran of any war in 
which the United States was engaged may make an appli- 
cation for abatement or exemption of taxes assessed to him 
for the year nineteen hundred and forty-eight at any time 
prior to October first, nineteen hundred and forty-nine, for 
such abatement or exemption. Approved May 10, 1949. 



Chap. 27 S An Act relative to the payment of interest on certain 

LOCAL TAXES. 



G. L. (Ter. 
Ed.), 59. § 57. 
etc., amended. 



Payment of 
interest on 
certain local 
taxes, etc., 
may be 
waived. 



Application. 



Be it enacted, etc., as follows: 

Section 1. Section 57 of chapter 59 of the General Laws, 
as most recently amended by section 1 of chapter 265 of the 
acts of 1949, is hereby further amended by adding at the 
end thereof the following sentence : — Interest which pur- 
suant to this section shall have been added to and become a 
part of any tax other than a tax reassessed under section 
seventy-seven shall be waived by the collector if the amount 
of such tax, exclusive of such interest, is tendered to him 
within thirty days after the bill for such tax is first sent. 

Section 2. This act shall apply only to taxes assessed 
in the year nineteen hundred and forty-nine and thereafter. 

Approved May 10, 1949. 



Chap. 279 An Act providing for the protection of blind persons 

while crossing ways. 



G. L. (Ter. 
Ed.). 90, new 
§ 14A, added. 
Motor vehicles 
to come to full 
stop while 
blind persons 
cross a way. 



Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by 
inserting after section 14 the following section: — Section 
I4A. Whenever a totally or partially blind pedestrian, 
guided by a guide dog or carrying in a raised or extended 
position a cane or walking stick which is white in color or 
white tipped with red, crosses or attempts to cross a way, 
the driver of every vehicle approaching the place where such 
pedestrian is crossing or attempting to cross shall bring his 
vehicle to a full stop, and before proceeding shall take such 
precautions as may be necessary to avoid injuring such 
pedestrian. Nothing contained in this section shall be con- 
strued to deprive any totally or partially blind person, not 
carrying such a cane or walking stick or not being guided 
by a dog, of the rights and privileges conferred by law upon 
pedestrians crossing ways, nor shall the failure of such blind 



Acts, 1949. — Chaps. 280, 281. 193 

person to carry a cane or walking stick or to be guided by a 
guide dog while on the ways of this commonwealth be held 
to constitute or be evidence of contributory negligence. 
Whoever violates any provision of this section shall be 
punished by a fine of not more than twenty-five dollars. 

Approved May 10, 1949. 



An Act relative to the service of orders for abate- 
ment OF NUISANCES. 



Chap.2S0 



Be it enacted, etc., as follows: 

Section 124 of chapter 111 of the General Laws, aso. l. (Tcr. 
appearing in the Tercentenary Edition, is hereby amended 5^124/^^' 
by striking out the first sentence and inserting in place amended, 
thereof the following sentence: — Such order shall be in 
writing, and may be served personally on the owner, occu- 
pant or his authorized agent by any person authorized to 
serve civil process ; or a copy of the order may be left at the 
last and usual place of abode of the owner, occupant or 
agent, if he is known and within or without the common- 
wealth; or a copy of the order may be sent to the owner, 
occupant or agent by registered mail, return receipt 
requested, if he is known and within the commonwealth, — 
so as to read as follows: — Section 124- Such order shall be service of 
in writing, and may be served personally on the owner, °bltement 
occupant or his authorized agent by any person authorized of nuisances. 
to serve civil process; or a copy of the order may be left at 
the last and usual place of abode of the owner, occupant or 
agent, if he is known and within or without the common- 
wealth; or a copy of the order may be sent to the owner, 
occupant or agent by registered mail, return receipt requested, 
if he is known and within the commonwealth. If the premises 
are unoccupied and the residence of the owner or agent is 
unknown or is without the commonwealth, the board may 
order the notice to be served by posting it on the premises 
and by advertising it in one or more newspapers. 

Approved May 10, 1949. 

An Act relative to the age of children conclusively (Jfi^r) 281 
presumed to be dependent upon a deceased employee, 

UNDER the provisions OF THE WORKMEN'S COMPENSATION 
LAW. 

Be it enacted, etc., as follows: 

Paragraph (d) of section 32 of chapter 152 of the General EdtiM'§32 
Laws, as amended by chapter 450 of the acts of 1947, is etc!, 'amended.' 
hereby further amended by striking out, in line 1, the word 
"sixteen " and insertmg in place thereof the word: — eighteen. 

Approved May 10, 1949. 



194 Acts, 1949. — Chaps. 282, 283. 



Chap. 282 An Act relative to the hunting of deer. 

Be it enacted, etc., as follows: 

Ed.^, iJiT' Chapter 131 of the General Laws is hereby amended by 

Imended" Striking out sectlon 79, as appearing in section 2 of chapter 
599 of the acts of 1941, and inserting in place thereof the fol- 
?e^?*re|u/ated. lowing scction : — Section 79. Whoever, except as provided 
in this chapter, hunts or has in possession the carcass of a 
deer shall be punished by a jQne of one hundred dollars ; pro- 
vided, that any person may, on land owned or occupied by 
him, hunt any deer which he finds in the act of damaging 
crops, fruit or ornamental trees, except grass growing on 
uncultivated land; and he may authorize any member of 
his family, or any person, other than an alien, employed by 
him, so to hunt a deer under the circumstances above 
specified. In the event of the wounding or killing of a deer 
as aforesaid, the person by whom or under whose direction 
the deer was wounded or killed shall within twenty-four 
hours thereafter send to the director a written report, signed 
by him, of the facts relative to the said wounding or killing, 
including the time and place thereof, and the kind of tree or 
crop injured or destroyed, or about to be injured or destroy- 
ed, by the deer. All deer so killed shall be turned over 
immediately to the nearest conservation officer and shall 
be disposed of by the director. Approved May 10, 1949. 

Chap. 28S An Act to authorize the town of lunenburg 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 new school building, the town of 
Lunenburg 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, Lunen- 
burg School Building Loan, Act of 1949. 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. 

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

Approved May 12, 1949. 



Acts, 1949. — Chap. 284. 196 



An Act to make available a site for the construction C hap. 2S4i 

OF A library building FOR LOWELL TEXTILE INSTITUTE 
AND TO PROVIDE FOR THE ACCEPTANCE THEREOF AS A GIFT 
TO THE COMMONWEALTH FROM LOWELL TEXTILE INSTITUTE 
ALUMNI ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. Lowell Textile Institute Building Associa- 
tion, a corporation formed by section one of chapter four 
hundred and twenty-eight of the acts of nineteen hundred 
and forty-six, amended by chapter four hundred and thirty- 
nine of the acts of nineteen hundred and forty-seven, lessee 
under two leases from the commonwealth made as of March 
first, nineteen hundred and forty-seven and October first, 
nineteen hundred and forty-seven, respectively, covering land 
in the area bounded by Textile avenue, Colonial avenue, 
Standish street and Riverside street in the city of Lowell, is 
hereby authorized to release to the trustees of Lowell Textile 
Institute, acting for the commonwealth, its interest under 
said leases in such portion of the land covered thereby as it 
shall determine to be a suitable site for a new library build- 
ing at Lowell Textile Institute, with rights of approach 
thereto and easements for pipes, wires and conduits over or 
through the remaining land not so released; provided, how- 
ever, that nothing in this act shall authorize any change in 
the respective rights and obligations of the commonwealth 
and said Lowell Textile Institute Building Association under 
two certain leases of dormitory buildings from said corpora- 
tion as lessor to the commonwealth as lessee, namely, a 
building lease made as of March first, nineteen hundred and 
forty-seven, and a second building lease made as of October 
first, nineteen hundred and forty-seven. 

Section 2. After the release provided for in section one 
of this act shall have been delivered to the trustees of Lowell 
Textile Institute, such trustees, acting for the commonwealth, 
are authorized to lease to Lowell Textile Institute Alumni 
Association, a Massachusetts corporation, the land, rights of 
approach and easements released thereby. Such lease to said 
Alumni Association shaU provide that the land leased there- 
under shall be used by said Alumni Association solely as the 
site for the construction of a library building to be given by 
said Alumni Association to the commonwealth for the use 
of Lowell Textile Institute, that the rent payable to the 
commonwealth thereunder shall be one dollar per annum, 
and that such lease shall terminate when the library building 
shall be completed and donated to the commonwealth. 

Section 3. The trustees of Lowell Textile Institute, act- 
ing for the commonwealth, are authorized to accept the said 
library building as a gift from Lowell Textile Institute Alumni 
Association, and to maintain said library building for the use 
of Lowell Textile Institute. 

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

Approved May 12, 1949. 



196 Acts, 1949. — Chaps. 285, 286. 

Chap. 285 An Act authorizing the town of west bridgewater to 

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

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town 
of West Bridgewater 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 six hundred thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face the 
words. West Bridgewater School Loan, Acts of 1949. 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 May 12, 1949. 



Chap. 286 An Act relative to the payment of semi-annual divi- 
dends in credit unions. 

Be it enacted, etc., as follows: 

vj^"!?!®^ ,fi Section 1. Section 16 of chapter 171 of the General 

tiCi.), 171, S Id. t ••im TIT ••11 

amended.jj Laws, as appcanug m the lercentenary Edition, is hereby 

amended by inserting after the word ''annum" in hne 10, 

the words : — ; may, if it is provided in the by-laws that a 

dividend shall be paid semi-annually, at their meeting in 

the month of May in each year declare a dividend as pro- 

. . „, vided in section twenty-five, — so that the second sentence 

Credit unions will read as follows: — It shall act upon all applications for 

by%w8 pay membership and upon the expulsion of members; determine 

dividends i\^Q ysHq of interest on loans subiect to the limitations con- 

semi-annually. . , . , . , i n ? • i n t ,• <• 

tamed in this chapter; shall decide on all applications for 

real estate mortgage loans after receipt of the certification 

by the credit committee of the application in the manner 

hereinafter provided; shall determine the rate of interest to 

be paid on deposits which shall not, however, exceed six 

per cent per annum; may, if it is provided in the by-laws 

that a dividend shall be paid semi-annually, at their meeting 

in the month of May in each year declare a dividend as 

provided in section twenty-five, and shall fill vacancies in 

the board of directors and committees until the next annual 

election. 

Ed^" m% 25 Section 2. Section 25 of said chapter 171, as so appear- 

amended.' ' ing, is hereby amended by striking out the first paragraph 

Declaration and inserting in place thereof the following: — At the annual 

?i^t1S!'*'' meeting a dividend may be declared from the earnings which 



ACTS; 1949. — Chaps. 287; 288. 197 

have actually been collected during the dividend period 
next preceding and which remain after the deduction of all 
expenses, interest on deposits and the amounts required to 
be set apart to the guaranty fund and to the reserve fund, 
or such dividend may be declared in whole or in part from 
the undivided earnings of preceding years remaining after 
the aforesaid deductions for said years. 

Approved May 12, 1949. 



Chap.287 



An Act relative to shares and deposits in credit 

UNIONS. 

Be it enacted, etc., as follows: 

Section 10 of chapter 171 of the General Laws is hereby g. l. (Ter. 
amended by striking out the fourth sentence, as appearing ^tc.!'amended°' 
in chapter 87 of the acts of 1947, and inserting in place 
thereof the following sentence : — Every member of a credit f g^gf^* ^^ 
union shall hold one share, and may hold shares, or make credit unions, 
deposits, therein, or both, in his own name to an amount '"^e"'**®'^- 
not exceeding four thousand dollars in the aggregate, and, 
provided he is a member of a credit union having assets of 
two hundred thousand dollars or more and has no other 
account, he may, jointly with another member, hold shares 
or make deposits, or both, to an amount not exceeding eight 
thousand dollars, exclusive of any club deposits. 

Approved May 12, 1949. 



An Act providing for the manner of appointment of Chap. 288 
intermittent firemen to the regular fire force 
in cities and towns. 

Be it enacted, etc., as follows: 

Chapter 31 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 19A the following section: — 'Sec- j^'Jg^^f added. 
tion 19B. In each city and town having firemen subject Appointment 
to this chapter and classified as intermittent firemen, ap- fi[eme^n™o"*°^ 
pointments to the regular force shall be made by the appoint- p^'-tfea^amf 
ing authority upon certification by the director from the towns. 
list of members of the fire force of such city or town classified 
in accordance with the rules of the commission, except that 
the basis of certification shall be the order of appointment 
as such intermittent firemen, or, if not ascertainable, the 
order of the respective ratings of such intermittent firemen 
obtained in the examination upon which the list of eligibles 
for appointment as such firemen was based. No intermittent 
fireman who has passed his fiftieth birthday shall be ap- 
pointed under this section to the regular fire force of such 
city or town. The provisions of this section shall not be 
deemed to prevent the appointment to the regular force of a 
city or town of a call fireman under the provisions of any 
general or special law. Approved May 12, 1949. 



198 



Acts, 1949. — Chaps. 289, 290. 



Chap.2S9 



G. L. (Ter. 
Ed.), 167, i 14, 
etc., amended. 



Deposita in, 
and with- 
drawals from 
scoovmts in 
trust 
companies. 



G. L. (Ter. 
Ed.). 172, §31 
etc., amended. 



Unclaimed 
deposits in 
trust oom- 
paniea, 
regulated. 



G. L. (Ter. 
Ed.), 172, new 
i 66B, added. 
Trust com- 
panies may 
pay certain 
orders after 
death of 
drawer. 



An Act relative to deposits in and withdrawals from 
accounts in trust companies. 

Be it enacted, etc., as follows: 

Section 1. Chapter 167 of the General Laws is hereby 
amended by striking out section 14, as amended by sec- 
tion 1 of chapter 334 of the acts of 1933, and inserting in 
place thereof the following section: — Section 14- Deposits 
may be received by any bank in the names of two persons, 
payable to either, or to either or the survivor. Such deposits 
or any part thereof, or any dividends thereon, may be paid 
to either of such persons or his assignee or pledgee, whether 
the other be living or not, provided they are not then at- 
tached at law or in equity in a suit against either person, 
and the bank then has no notice in writing of any assignment 
or pledge of the account by either to any person other than 
the person to whom payment is being made hereunder. 
All such payments shall be valid. 

Section 2, The last sentence of section 31 of chapter 172 
of the General Laws, as amended by chapter 124 of the acts 
of 1939, is hereby further amended by inserting after the 
word "thirty-four" in lines 1 and 2 the words: — and section 
thirty-four A, — so as to read as follows : — The provisions of 
section thirty-four and section thirty-four A of chapter one 
hundred and sixty-eight relative to deposits in trust in 
savings banks and of sections twenty-seven, forty-two and 
forty-three of said chapter applicable to unclaimed deposits 
in savings banks shall apply in all respects to similar deposits 
in trust or unclaimed deposits in all departments of trust 
companies. 

Section 3. Said chapter 172 is hereby further amended 
by inserting after section 66A the following section : — 
Section 66B. Such corporation may pay an order, drawn 
by a person who has funds on deposit to meet the same, not- 
withstanding the death of the drawer, if presentation is 
made within thirty days after the date of such order; and at 
any time if the corporation has not received written notice 
of the death of the drawer. Approved May 12, 1949. 



Chav 290 -^ -^^"^ ^^ clarify the purpose of the employment 
^' security law. 



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

Chapter may 
be cited as the 
Employment 
Security Law. 



Be it enacted, etc., as follows: 

Chapter 151A of the General Laws is hereby amended 
by striking out section 74, as appearing in section 1 of 
chapter 685 of the acts of 1941, and inserting in place thereof 
the following: — Section 74- This chapter shall be known 
and may be cited as the Employment Security Law, and 
shall be construed liberally in aid of its purpose, which 
purpose is to lighten the burden which now falls on the 
unemployed worker and his family. 

Approved May 12, 1949. 



Acts, 1949. — Chaps. 291, 292. 199 



An Act relative to the duties of certain supervisors Qhn^ OQl 
OF attendance in the city of boston. ^' 

Be it enacted, etc., as follows: 

Chapter 388 of the acts of 1946 is hereby amended by 
striking out, in Hne 4, the word "also", — and by inserting 
after the word "city" in hne 4 the words: — , and to act in 
matters pertaining to the schoohng of wards of said city 
wheresoever they are placed, — so as to read as follows: — 
The school committee of the city of Boston shall designate 
any male child-guidance social worker of the child welfare 
division of the institutions department of said city to act as 
a supervisor of attendance in said city, and to act in matters 
pertaining to the schooling of wards of said city wheresoever 
they are placed; provided, that the person so designated 
shall have previously passed an open competitive civil 
service examination for the position of such supervisor. Any 
such person shall exercise and perform the powers and duties 
conferred and imposed upon supervisors of attendance in 
said city by general or special law, and shall receive such 
compensation for acting as such supervisor as may be estab- 
lished by said committee. Approved May 12, 1949. 

An Act providing that the state racing commission (Jhn^ oqo 

MAY SUMMON AND ADMINISTER OATHS TO WITNESSES 
before said COMMISSION. 

Be it enacted, etc., as follows: 

Section 8 of chapter 233 of the General Laws, as most eh V* 233% 
recently amended by section 3 of chapter 376 of the acts of etoVamended'. 
1933, is hereby further amended by inserting after the word 
"commission", in line 14, the words: — , the state racing 
commission, — so as to read as follows: — Section 8. Wit- witnesses 
nesses may be summoned to attend and testify and to produce offi^re* com- 
books and papers at a hearing before a city council, or either missioM. etc. 
branch thereof, or before a joint or special committee of the 
same or of either branch thereof, or before a board of select- 
men, a board of police commissioners, a fire commissioner or 
a board of fire commissioners, a commissioner of public 
safety, a school board, the alcoholic beverages control com- 
mission established by section forty-three of chapter six, a 
licensing board or licensing authorities, as defined in section 
one of chapter one hundred and thirty-eight, a board of 
registrars of voters, the police commissioner or election 
commissioners of Boston, the metropolitan district com- 
mission, the state racing commission, or a board of appeals 
designated or appointed under section thirty of chapter 
forty, as to matters within their authority; and such 
witnesses shall be summoned in the same manner, be paid 
the same fees and be subject to the same penalties for default, 
as witnesses in civil cases before the courts. The presiding 
officer of such council, or of either branch thereof, or a 



200 Acts, 1949. — Chaps. 293, 294. 

member of any such committee, board or commission, or 
any such commissioner, may administer oaths to witnesses 
who appear before such council, branch thereof, committee, 
board, commission or commissioner, respectively. 

Approved May 12, 1949. 

Chap. 293 An AqT authorizing the city of boston to pension 

LIEUTENANT JAMES F. FLAHIVE, A MEMBER OF THE FIRE 
DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the city of Boston shall, because of the unusual injuries 
sustained in line of duty by Lieutenant James F. Flahive at a 
fire at seventy-two Chauncy street in said city on October 
twenty-second, nineteen hundred and forty-six, which 
caused a deterioration of the brain cells from carbon monoxide 
poison and has brought him to a condition wherein he is 
totally helpless and requiring the constant care of his wife, 
pension said Lieutenant James F. Flahive at full pay and 
maintain said pension at the current rate of compensation 
paid to lieutenants in the fire department of said city. 

Section 2. Upon his death there shall be paid to his wife 
a pension equal to two thirds of the amount he was receiving 
as full pay pension at the time of his death, the same to 
continue as long as she remains unmarried. 

Section 3. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the pro- 
visions of its charter, but not otherwise. 

Approved May 12, 191^9. 

Chap. 294: An Act increasing the tax imposed by the common- 
wealth ON AMOUNTS WAGERED AT HORSE AND DOG RACING 
MEETINGS CONDUCTED UNDER THE PARI-MUTUEL OR 
CERTIFICATE SYSTEM OF WAGERING. 

pr^mbie?^ Wkcreas, This act increases the tax on the amounts 

wagered at horse and dog racing meetings conducted under 
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 purpose 
by depriving the commonwealth of necessary revenue, 
therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public conven- 
ience. 

Be it enacted, etc., as follows: 

Ed^'iJsA Section L The third paragraph of section 5 of chapter 

§ 5, etc.. ' 128A of the General Laws is hereby amended by striking 
amended. ^^^ ^j^^ ^^^^ Sentence, as appearing in section 7 of chapter 575 

of the acts of 1946, and inserting in place thereof the follow- 
L^censee to jng : — Each pcrsou licensed to conduct a running horse 
sum to racing meeting, other than a licensee holding a racing meet- 

oomnuBsion. 



Acts, 1949. — Chap. 294. 201 

ing in connection with a state or county fair, shall pay to 
the commission on the day following each day of such horse 
racing meeting a sum equal to three and one half per cent 
of so much of the total amount deposited on the preceding 
day by the patrons so wagering at such meeting as does not 
exceed seven hundred thousand dollars, four and three 
quarters per cent of so much thereof as exceeds seven hun- 
dred thousand dollars but does not exceed eight hundred 
thousand dollars, five and one quarter per cent of so much 
thereof as exceeds eight hundred thousand dollars but does 
not exceed nine hundred thousand dollars and five and three 
quarters per cent of so much thereof as exceeds nine hun- 
dred thousand dollars, said percentages to be paid from the 
ten per cent withheld, as provided in this section, from the 
total amount wagered. 

Section 2. Said section 5 of said chapter 128A is hereby q. l. (Ter. 
further amended by striking out the paragraph added by H-^^t^^f^^- 
section 6 of chapter 575 of the acts of 1946 and inserting in further"' 
place thereof the following paragraph: — amended. 

Each person licensed to conduct a harness horse racing Licensee of 
meeting, other than a licensee holding a racing meeting in rackiTnlledng 
connection with a state or county fair, shall pay to the com- to pay certain 
mission on the day following each day of such harness horse coSmTasion. 
racing meeting a sum equal to three and one half per cent 
of so much of the total amount deposited on the preceding 
day by the patrons so wagering at such meeting as does not 
exceed four hundred thousand dollars, four and three quarters 
per cent of so much thereof as exceeds four hundred thousand 
dollars but does not exceed four hundred and fifty thousand 
dollars, five and one quarter per cent of so much thereof as 
exceeds four hundred and fifty thousand dollars but does 
not exceed five hundred thousand dollars, five and three 
quarters per cent of so much thereof as exceeds five hundred 
thousand dollars but does not exceed five hundred and fifty 
thousand dollars, six and one quarter per cent of so much 
thereof as exceeds five hundred and fifty thousand dollars 
but does not exceed six hundred thousand dollars, six and 
three quarters per cent of so much thereof as exceeds six 
hundred thousand dollars, but does not exceed six hundred 
and fifty thousand dollars, and seven and one quarter per 
cent of all over six hundred and fifty thousand dollars, said 
percentages to be paid from the fifteen per cent withheld, as 
provided in this section, from the total amount wagered. 

Section 3. Said third paragraph of said section 5 of said ^^^- [Ji'- 
chapter 128A is hereby further amended by striking out the § 5. etc., 
second sentence, as appearing in section 2 of chapter 381 landed. 
of the acts of 1946, and inserting in place thereof the follow- 
ing : — Each person licensed to conduct a dog racing meeting, Licensee of 
other than a Hcensee holding a racing meeting in connection m^t^nglo 
with a state or county fair, shall pay to the commission on pay certain 
the day following each day of such dog racing meeting, a ooSmissioa. 
sum equal to three and one haK per cent of so much of the 
total amount deposited on the preceding day by patrons so 



202 Acts, 1949. — Chap. 295. 

wagering at such meeting as does not exceed seventy-five 
thousand dollars, five per cent of so much thereof as exceeds 
seventy-five thousand dollars but does not exceed one hun- 
dred and ten thousand dollars, six per cent of so much thereof 
as exceeds one hundred and ten thousand dollars but does 
not exceed one hundred and forty thousand dollars, seven 
per cent of so much thereof as exceeds one hundred and 
forty thousand dollars but does not exceed two hundred and 
fifty thousand dollars, eight and one quarter per cent of so 
much thereof as exceeds two hundred and fifty thousand dol- 
lars but does not exceed three hundred and seventy-five 
thousand dollars, and eight and three quarters per cent of so 
much thereof as exceeds three hundred and seventy-five 
thousand dollars, said percentages to be paid from the 
fifteen per cent withheld, as provided in this section, from 
the total amount wagered. 

Section 4. Chapter 220 of the acts of 1948 is hereby 
amended by striking out, in line 7, the word "one" and insert- 
ing in place thereof the word: — two, — and by striking out, 
in lines 8 and 9, the words "nineteen hundred and forty-eight 
and nineteen hundred and forty-nine" and inserting in 
place thereof the words : — nineteen hundred and forty-nine 
and nineteen hundred and fifty, — so as to read as follows: — 
In addition to any amount required to be withheld under 
the provisions of section five of chapter one hundred and 
twenty-eight A of the General Laws by a licensee conducting 
a horse or dog racing meeting, such licensee, 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 two per cent of the total amount wagered on each day of 
such meeting conducted during the years nineteen hundred 
and forty-nine and nineteen hundred and fifty and shall pay 
the same to the commission on the day following. 

Approved May 13, 194.9. 

Chap. 295 An Act providing financial assistance for the polish- 

AMERICAN VETERANS, INC. IN DEFRAYING EXPENSES IN- 
CURRED BY IT IN CONDUCTING MILITARY FUNERALS OR 
BURIALS OF PERSONS WHO DIED IN OVERSEAS SERVICE 
DURING WORLD WAR II. 

Be it enacted, etc., as follows: 

Section 1 of chapter 573 of the acts of 1946, as amended 
by chapter 624 of the acts of 1947, is hereby further amended 
by inserting after the word "Laws" in line 4 the words: 
— , and the PoHsh-American Veterans, Inc.,. 

Approved May 13, 1949. 



4cTS, 1949. — Chaps. 296, 297. 203 

An Act requiking the city of westfield to repay to QJi^rt 296 

CERTAIN permanent MEMBERS OF ITS FIRE DEPARTMENT ^' 

THE CONTRIBUTIONS MADE BY THEM TO THE CONTRIBUTORY 
RETIREMENT SYSTEM OF SAID CITY, AND ESTABLISHING 
THE RETIREMENT RIGHTS OF SUCH MEMBERS. 

Be it enacted, etc., as follows: 

Section 1. The retirement board of the city of Westfield 
is hereby authorized and directed to repay to George W. 
Onofrey, Arthur L. Clark, Edward B. Eagan, John Halloran, 
John F. Clark, Charles F. Janis and Stanley Yefko, all 
permanent firemen of said city, all deductions withheld 
from their wages as such firemen on account of the member- 
ship of each of the aforesaid firemen in the contributory 
retirement system, together with accumulated interest 
thereon, and the names of said firemen shall be stricken 
from the rolls of the retirement board of said city as mem- 
bers of said retirement system. Each of the aforesaid 
firemen shall be entitled to the benefits of pension or retire- 
ment allowances provided for under sections eighty to 
ninety A, inclusive, of chapter thirty-two of the General 
Laws. 

Section 2. Nothing in this act shall affect any retire- 
ment rights which any fireman mentioned in section one 
may have under the law relating to the retirement of veterans 
in the public service. 

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

Approved May IS, 1949. 



Chap.297 



An Act further regulating fees to be charged by 
city and town clerks. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to clarify immediately certain ^^^^°^ 
provisions of law relating to fees to be charged by city and 
town clerks, therefore it is hereby declared to be an emer- 
gency law necessary for the immediate preservation of the 
pubHc convenience. 

Be it enacted, etc., as follows: 

Section 1. Sectipn 34 of chapter 262 of the General EdV'iJi'' 
Laws, as most recently amended by section 1 of chapter 550 § 34.' etc.,' 
of the acts of 1948, is hereby further amended by striking »™®°<^«d- 
out clauses (5), (6), (7), (8), (9), (10), (26), (37), (38), (39), 
(40), (41), (70), (71), (73), and (77). 

Section 2. Chapter 94 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 52, as most recently amended ^tl'^'amend^'. 
by section 10 of said chapter 550, and inserting in place 
thereof the following : — Section 52. Each person who con- Fee for 
veys oleomargarine in a vehicle or otherwise, for the purpose convlydeo- 
of selling the same in any town, shall annually in May be margarine 



licensed by an inspector of milk of such town to sell the 



for sale. 



204 



Acts, 1949. — Chap. 297. 



G. L. (Ter. 
Ed.), 100, § 2, 
etc., amended. 



Auctioneer's 
license, fee. 



G. L. (Ter. 
Ed.), 100, § 6, 
etc., amended. 



Fee for non- 
resident 



same within the hmits thereof, and shall pay therefor to 
such inspector fifty cents to the use of the town. The in- 
spector shall pay monthly to the town treasurer all such 
moneys collected by him. In towns where there is no 
inspector of milk, such hcense shall be issued by the town 
clerk. Any such hcense shall be issued only in the name of 
the owner of the vehicle, and for the purposes of sections 
forty-nine to sixty, inclusive, shall be conclusive evidence of 
ownership. No such license shall be sold, assigned or trans- 
ferred. Each license shall be numbered and shall state the 
name, residence, place of business, number of vehicles used, 
and the name and residence of each driver or other person 
engaging in carrying oleomargarine. Each licensee before 
engaging in the sale of oleomargarine shall cause his name, 
the number of his license and his place of business to be 
legibly placed, in gothic letters not less than one inch in 
length, in the English language, on each outer side of each 
vehicle used by him in the conveyance and sale thereof, and 
shall report to the said inspector or town clerk any change 
of driver or other person engaged in carrying oleomargarine 
occurring during the term of his license. Whoever without 
being licensed sells oleomargarine, or exposes or offers it for 
sale from vehicles or has it in his custody or possession with 
intent so to sell, and whoever violates any of the provisions 
of this section, shall for the first offence be punished by a 
fine of not less than thirty nor more than one hundred 
dollars, and for a subsequent offence by a fine of not less 
than fifty nor more than three hundred dollars. 

Section 3. Chapter 100 of the General Laws is hereby 
amended by striking out section 2, as most recently amended 
by section 11 of said chapter 550, and inserting in place 
thereof the following: — Section 2. The hcensing authority 
of any city or town may, upon payment of a license fee of two 
dollars to such city or town, license any suitable inhabitant 
thereof, who has resided therein during the six months next 
preceding the application for such license, to be an auctioneer 
therein for one year. The licensing authority of any city or 
town may, upon payment of the license fee hereinafter pro- 
vided, issue a special hcense to any person not such an 
inhabitant, to be an auctioneer therein, for days specified 
in the Hcense, in the sale of real estate, livestock and general 
farm equipment and produce. The fee for such a special 
hcense shall be five dollars for each of the days specified in 
the hcense as aforesaid. Said licensing authority may for 
any cause deemed satisfactory, and without a hearing, revoke 
or suspend any license issued under authority of this section. 
Such licenses shall be signed, in Boston by the police com- 
missioner, elsewhere by the city or town clerk, and shall be 
recorded in a book kept for that purpose. 

Section 4. Said chapter 100 is hereby further amended 
by striking out section 6, as amended by section 12 of said 
chapter 550, and inserting in place thereof the following: — 
Section 6. Goods, wares and merchandise brought into a 



Acts, 1949. — Chap. 297. 205 

city or town for the purpose of being sold by auction shall ^"^^6°"^''^ 

be sold by auction therein only by an auctioneer duly licensed 

in said city or town, or in some other city or town within 

the commonwealth, and having a regular and established 

place of business in the city or town where the goods, wares 

or merchandise are to be sold. If he is a non-resident of the 

city or town where he has his place of business, he shall 

obtain from the licensing authority thereof a permit to hold 

such sales by auction therein, and a special license fee may be 

required therefor. Violation of this section shall be punished 

by a fine of not more than one hundred dollars. 

Section 5. Said chapter 100 is hereby further amended ej^-}Jq®' 
by striking out section 14, as most recently amended by § u.'etc..' 
section 13 of said chapter 550, and inserting in place thereof *™«'*'^®^- 
the following : — Section I4. Except as hereinafter provided, Fee for 
no person shall conduct or maintain an establishment where certain 
any gold, silver or plated ware, stones, precious or otherwise, pr^°erty at 
watches, clocks, jewelry, bric-a-brac, crockery, glassware, art auction, 
goods or leather goods, or articles or goods represented as 
such, are sold at auction unless he is licensed to conduct or 
maintain the same by the licensing authority. Every applica- 
tion for such a license shall contain the name and place of 
residence of the applicant, a description of the premises 
whereon the applicant intends to conduct or maintain such 
an establishment, the name of the owner of said premises and 
a detailed inventory of the articles or goods intended to be 
sold under the license, and no articles or goods except those 
described in the application shall be sold thereunder. The 
license shall be expressed to be and shall be subject to such 
reasonable conditions as to the hours of keeping open such 
an establishment as the licensing authority may prescribe. 
No person licensed hereunder shall conduct or maintain such 
an establishment in any place other than that set forth in 
the license. Every license granted hereunder shall expire Fee for 
thirty days from its date, but the licensing authority upon ucenl^°^ 
application therefor may grant a renewal of such license 
for an additional thirty days for the sole purpose of enabling 
the licensee to complete the sale of any unsold articles or 
goods described in the original application, and the fee for 
each such license or renewal thereof shall be ten dollars, 
which shall accompany the application therefor. No person 
shall act as auctioneer in the sale of articles or goods au- 
thorized to be sold in pursuance of a license or renewal 
thereof issued hereunder unless he is the holder of an auc- 
tioneer's license in full force and effect granted under section 
two by the licensing authority of the city or town wherein 
such articles or goods are so authorized to be sold ; provided, 
that such licensing authority, when granting a license or 
renewal thereof to conduct or maintain an establishment 
hereunder, may, upon payment of a fee of two dollars, issue 
a permit which shall authorize any suitable person holding 
a license under said section two, to act as auctioneer in the 
sale at such establishment of the articles or goods to which 



206 



Acts, 1949. —Chap. 297. 



G. L. (Ter. 
Ed.). 100, 
§ 18, etc., 
amended. 

Fee for 

license to hold 
bankruptcy, 
etc., auctions. 



G. L. (Ter. 
Ed.), 140, 
i 115, etc., 
amended. 



the license issued hereunder relates. Such a permit shall 
expire with such license or renewal and shall be subject to 
revocation in the same manner as a license granted under 
said section two. A person acting as auctioneer under 
authority of such a permit shall be subject to all the provisions 
of this chapter, so far as apt, applicable to auctioneers and 
to the penalties prescribed therein for violation thereof. 
This section shall not apply to establishments whose principal 
business, as finally determined by the licensing authority, 
is the sale at auction of property other than the articles or 
goods hereinbefore specified. 

Section 6. Said chapter 100 is hereby further amended 
by striking out section 18, as most recently amended by 
section 14 of said chapter 550, and inserting in place thereof 
the following: — Section 18. No person, except a licensee 
under section fourteen, shall conduct or maintain an estab- 
lishment wherein is held any auction represented or adver- 
tised by any one of such descriptive terms as "bankruptcy", 
"insolvent", "creditors'", "receiver's", "trustee's", "as- 
signee's", "removal", "closing out", "selling out", "going 
out of business" or "liquidation", unless he is the holder of 
a license issued by the licensing authority of the city or town 
where such auction is intended to be held, authorizing him 
to conduct or maintain such establishment for the holding 
of the auction represented or advertised by such descriptive 
term. Every application for such a hcense shall contain the 
name and place of residence of the applicant, a description 
of the premises whereon the applicant intends to conduct 
or maintain such an establishment, a sworn statement of 
the reasons for and character of the auction intended to be 
held and a detailed inventory and any other information 
necessary to fully identify the goods, wares or merchandise 
intended to be sold at such auction. Any license issued here- 
under may be revoked or suspended by the licensing authority 
which issued it, for any cause deemed satisfactory by such 
authority and without a hearing. No goods, wares or mer- 
chandise except those described in the application shall be 
sold at such an auction; and no such Hcensee shall bring or 
cause to be brought into the licensed establishment for the 
purpose of being sold at an auction represented or advertised 
under any one of the descriptive terms aforesaid, any goods, 
wares or merchandise not truly described by such term. No 
person licensed hereunder shall conduct or maintain such 
an estabhshment in any place other than that set forth in 
the license. Every license granted hereunder shall expire 
sixty days from its date, and the fee for each such license shall 
be ten dollars, which shall accompany the application there- 
for. No person shall act as auctioneer at any auction at 
such an estabhshment if he knows or has reason to believe 
that the provisions of this section have not been complied 
with. 

Section 7. Chapter 140 of the General Laws is hereby 
amended by striking out section 115, as most recently 



Acts, 1949. — Chap. 297. 207 

amended by section 21 of said chapter 550, and inserting in 
place thereof the following: — Section 115. A furnace for Fee for license 
melting iron or making glass, or a stationary steam engine enineor^*" 
for use in a mill for planing or sawing boards or turning wood iron-meiting 
or in which other fuel than coal is used to create steam, shall '^'^*''®- 
not be erected or put up to be used in a city or town which 
accepts this and sections one hundred and sixteen and one 
hundred and seventeen or has accepted corresponding pro- 
visions of earher laws, unless the aldermen or selectmen 
thereof have granted a license therefor, prescribing the place 
where the building shall be erected in which the steam engine 
or furnace is to be used and the materials and construction 
thereof, and have made such regulations as to the height of 
flues and protection against fire as they deem necessary for 
the safety of the neighborhood. Such license may be granted 
on a written application, and shall be recorded in the city or 
town records. The aldermen or selectmen shall assign a time 
and place for a hearing upon such application, and cause at 
least fourteen days' public notice thereof to be given, at the 
expense of the applicant, in such manner as they may order. 

Section 8. Said chapter 140 is hereby further amended g^L. (Ter. 
by striking out section 133, as most recently amended by § 133. etc.. 
section 22 of said chapter 550, and inserting in place thereof a'^^'^'^e'i- 
the following: — Section 1S3. Such permit shall be signed J^^ lH^Jll^''^' 
by the mayor or by a majority of the board of selectmen and permits, 
by the city or town clerk, and be recorded in the office of said 
clerk. It shall name the person to whom it is granted, and 
definitely and clearly describe the location and limits of the 
premises to which it applies, and shall remain in force until 
the first day of May next after its date, unless sooner for- 
feited or rendered void. Notice of applications for such per- 
mits shall be published at the expense of the applicant in 
the manner prescribed by section fifteen A of chapter one 
hundred and thirty-eight relative to applications for licenses 
to sell alcoholic beverages. The board granting the permits 
may establish fees for their issue, not exceeding one dollar 
each, to be paid to the treasurer of the municipality. 

Section 9. Said chapter 140 is hereby further amended G- l. (Jer. 
by striking out section 192, as most recently amended by § 192, etc., 
section 24 of said chapter 550, and inserting in place thereof ^™^'^'^«'^- 
the following: — Section 192. Such licenses shall be granted pe for 
for a term of not more than one year, and shall be recorded steamboat, 
by the clerk of the city or town where they are granted, who 
shall receive a fee of one dollar for recording each license. 
Every such license shall set forth the name of the steamboat 
or other boat, of the master and owner, and the number of 
passengers it is permitted to carry at any one time, with the 
number of life preservers that shall be carried. The license 
shall be posted in a conspicuous place therein, and the 
number of passengers specified in such license shall in no 
case be exceeded. 

Section 10. Said chapter 140 is hereby further amended g^^. (Ter. 
by striking out section 202, as most recently amended by § 202. etc., 

amended. 



208 



Acts, 1949. — Chap. 297. 



Fees for 
issuing and 
recording 
certain other 
licenses. 



G. L. (Ter. 
Ed.), 159A. 
§ 1, etc.. 
amended. 

Fee for 
license to 
operate motor 
carriers. 



section 25 of said chapter 550, and inserting in place thereof 
the following : — Section 202. Licenses granted elsewhere 
than in Boston to keepers of intelhgence offices, dealers in 
junk, old metals and second hand articles, junk collectors, 
pawnbrokers and keepers of billiard saloons, pool or sippio 
rooms or tables, bowling alleys, roller skating rinks, carousels, 
inclined railways, Ferris wheels, outdoor exhibitions of fire 
fighting for the amusement of the public and picnic groves 
shall be signed by the clerk of the city or town where they 
are granted. Every such license shall, before being delivered 
to the licensee, be recorded by such clerk, in a book kept for 
that purpose. Such license shall set forth the name of the 
licensee, the nature of the business, and the building or place 
in such city or town in which it is to be carried on, and shall 
continue in force until May first following unless sooner re- 
voked. The board or officer issuing such a license shall, ex- 
cept as provided in section seventy-seven, receive for the use 
of the city or town such amount, not less than two dollars 
for each license, as the board or officer considers reasonable. 
In Boston licenses for keepers of intelligence offices, billiard 
saloons, pool or sippio rooms or tables, bowling alleys and 
picnic groves shall be signed by the licensing board and re- 
corded by its clerk and licenses for roller skating rinks, 
carousels, inclined railways, Ferris wheels and outdoor ex- 
hibitions of fire fighting for the amusement of the public 
shall be signed by the mayor and recorded by his clerk; the 
other licenses referred to in this section shall be signed by the 
police commissioner and recorded by his clerk. 

Section 11. Chapter 159 A of the General Laws is hereby 
amended by striking out section 1, as most recently amended 
by section 34 of said chapter 550, and inserting in place 
thereof the following: — Section 1. No person shall, except 
as otherwise provided in this chapter, operate any motor 
vehicle upon any public way in any city or town for the car- 
riage of passengers for hire, in such a manner as to afford a 
means of transportation similar to that afforded by a railway 
company, by indiscriminately receiving and discharging pas- 
sengers along the route on which the vehicle is operated or 
may be running, or for transporting passengers for hire as a 
business between fixed and regular termini, without first ob- 
taining a license for such operation from the city council of 
such city or the selectmen of such town, in this chapter called 
the licensing authority; provided, that, in respect to any 
boulevard or way under the jurisdiction of the metropolitan 
district commission, such commission shall constitute the li- 
censing authority. Any such license issued by a city council 
under this section shall be subject to the approval of the 
mayor. The fee for any such license shall not exceed ten 
dollars. Such license may limit the number of vehicles to be 
operated thereunder. Any person, receiving a license under 
this section and operating a vehicle or vehicles thereunder, 
shall, in respect to such operation, be subject to such orders, 
rules or regulations as shall be adopted by the licensing au- 



Acts, 1949. — Chaps. 298, 299. 209 

thority under this chapter. No Ucense, certificate or permit 
shall be required under this chapter in respect to such car- 
riage of passengers as is exclusively interstate. 

Approved May 13, 1949. 



Chap.29S 



An Act to authorize the city of revere to borrow 

MONEY for the PURPOSE OF REMODELING, RECONSTRUCT- 
ING AND MAKING EXTRAORDINARY REPAIRS TO PUBLIC 
BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling, reconstructing 
and making extraordinary repairs, including the installation 
of new heating and plumbing equipment and fixtures in 
public buildings owned by the city, the city of Revere may 
borrow, from time to time, during the current year, 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. City of 
Revere Remodeling and Reconstruction Loan, Act of 1949. 
Each authorized issue shall constitute a separate loan and 
such loans shall be paid in not more than five years from 
their dates. No loan shall be authorized under this act 
unless a sum equal to an amount not less than ten per cent 
of the loan so authorized is voted for the same purpose to 
be provided from taxation or available revenue funds in the 
year when authorized. Indebtedness incurred under author- 
ity of this act shall be in excess of the statutory limit but 
shall, except as provided herein, be subject to the applicable 
provisions of chapter fortj'^-four of the General Laws, ex- 
clusive of the limitation contained in the first paragraph of 
section seven thereof. 

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

Approved May 13, 1949. 

An Act to confirm articles of amendment and to alter 
OR extend the corporate powers of eastern states 

FARMERS exchange, INCORPORATED. 

Whereas, The deferred operation of this act would tend ^™*^bie*'*' 
to defeat its purpose, which is in part to make its provisions 
apply to the corporation referred to therein without delay, 
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. The votes set forth in the articles of amend- 
ment of the agreement of association and articles of organiza- 
tion of Eastern States Farmers Exchange, filed in the office 
of the state secretary on March eighth, nineteen hundred and 
forty-six, are hereby confirmed and made valid, in so far 
as they may be invalid by reason of not being passed in full 



Chap.299 



210 Acts, 1949. — Chap. 300. 

compliance with said agreement of association and articles of 
organization. 

Section 2. Said corporation may provide in its by-laws 
for the election of directors by districts; for voting of mem- 
bers by mail in elections and on questions concerning the 
operation and business of the corporation; for dues and 
assessments to be paid by members and the conditions under 
which such dues and assessments shall be imposed and 
collected; for determining the rights and interests of mem- 
bers in the property of the corporation, whether equal or 
unequal; and for establishing the basis of voting by the 
members. No by-law shall be amended or repealed nor 
any new by-law adopted, unless notice of the proposed 
action is given in the call for the meeting at which the pro- 
posal is to be considered, or in the call for the vote if the 
vote is to be taken by mail. 

Section 3. Said corporation may amend or alter its 
agreement of association or articles of organization, or au- 
thorize the sale, mortgage, pledge, lease or exchange of all 
its property and assets, including its good will, upon such 
terms and conditions as it deems expedient, in the manner 
provided by sections forty-one to forty-three of chapter 
one hundred and fifty-six of the General Laws, so far as ap- 
pHcable; provided, that such action shall require a vote of 
three fourths of the members present and voting at a meet- 
ing of the corporation called to consider such action, or if 
the vote upon such action is taken by mail, a vote of three 
fourths of the members who return votes. A vote by mail 
upon such action shall not be valid unless votes are returned 
by at least three fifths of the members of the corporation. 

Approved May 13, 1949. 

C/iap. 300 An Act authorizing the town of ayer to construct an 

OUTFALL SEWER OR FORCE MAIN AND ENLARGE ITS SEWAGE 
TREATMENT WORKS FOR THE DISPOSAL OF ITS SEWAGE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of disposing of the sewage 
and manufacturing waste of the town of Ayer, said town 
may lay out, through its selectmen acting as sewer com- 
missioners, construct and maintain an outfall sewer or force 
main with an outlet into its sewage treatment works and 
may enlarge said treatment works, and for said purposes 
may take by eminent domain under chapter seventy-nine 
of the General Laws, or acquire by purchase or otherwise, 
such lands, water rights, rights of way and easements in 
said town as may be necessary for the estabhshment of 
such system of sewage disposal and for any connections 
therewith. For the aforesaid purposes, said town may lay 
sewers through private and other lands and under any way 
or railroad, and may enter upon and dig up such private 
and other lands or ways or railroad in such manner as not 
unnecessarily to obstruct the same; provided, that the town 



Acts, 1949. — Chap. 300. 211 

shall not do any of the aforesaid work within the location 
of any railroad corporation except at such time and in such 
manner as it may agree upon with such corporation or, in 
case of failure so to agree, as may be approved by the 
department of public utilities. 

Section 2. No act shall be done under authority of 
section one until plans of said outfall sewer or force main of 
said sewage treatment works enlargement have been 
approved by the department of public health and until an 
agreement shall have been entered into by the selectmen 
with the Hartnett Tanning Company to reimburse the said 
town over a period of ten years for the cost of construction 
of said sewer or force main enlargement of said sewage 
treatment plant, including interest, if any, on indebtedness 
incurred for said purposes. Said agreement shall be accom- 
panied by a surety bond satisfactory to the selectmen for 
compliance with the conditions thereof, or in lieu thereof 
such bond or guaranty for compliance with the conditions 
thereof as shall be satisfactory to the town and accepted 
at a town meeting, and no betterment assessments shall 
be made under authority of general or special law for the 
cost of sewer construction authorized by this act except 
that the selectmen or board having charge and control of 
the sewer system may charge and collect from the said 
company a just and equitable annual charge as authorized 
by section sixteen of chapter eighty-three of the General 
Laws, or any special act or acts of said town pertaining 
thereto. 

Section 3. Any person injured in his property by any 
action of said town may recover damages from said town 
under said chapter seventy-nine. 

Section 4. For the purpose of paying the necessary 
expenses and liabilities incurred under this act, said town 
may, from time to time, borrow such sums as may be neces- 
sary, not exceeding, in the aggregate, one hundred and 
fifteen thousand dollars, and may issue bonds or notes of 
the town therefor, which shall bear on their face the words, 
Ayer Sewer Loan, Act of 1949. Each authorized issue shall 
constitute a separate loan. Indebtedness under this act 
shall be in excess of the statutory limit, but shall, except as 
provided herein, be subject to the provisions of chapter 
forty-four of the General Laws, including the limitations 
contained in the first paragraph of section seven thereof. 

Section 5. This act shall take full effect upon its ac- 
ceptance by vote of two thirds of the voters of said town 
voting thereon at a town meeting called for the purpose 
within three years after its passage, but not otherwise. No 
expenditure shall be made and no liability incurred hereunder 
until such acceptance. Approved May 13, 194-9. 



212 Acts, 1949. —Chaps. 301, 302, 303, 304. 



Chap. SOI ^ -A-CT RELATIVE TO THE DRIVING OF VEHICLES ON PUBLIC 
WAYS WHERE THE VIEW IS OBSTRUCTED. 

Be it enacted, etc., as follows: 

Ed!)', 89^\' 'i. Section 1. Chapter 89 of the General Laws is hereby 

ameAded. ' amended by striking out section 4, as appearing in the 

Tercentenary Edition, and inserting in place thereof the 

?ubii° way following scction : — Section 4- Whenever on any public 

wt'eaview way there is not an unobstructed view of the road for at 

least two hundred yards, the driver of every vehicle shall 

keep his vehicle on the right of the middle of the traveled 

part of the way, whenever it is safe and practicable so to do. 

Section 2. This act shall take effect on January first, 

nineteen hundred and fifty. 

Approved May 13, 1949. 

Chap. S02 An Act providing that the general public may be 
excluded from the court room during the trial of 
criminal proceedings involving husband and wife 
in district courts. 

Be it enacted, etc., as follows: 

^•'A^'ini'- Chapter 278 of the General Laws is hereby amended by 

tid.), 278, new . .*^ . . i^*iPii- • ci , ■ 

5 16B, added, mscrtmg alter section loA the lollowmg section: — Section 
nubitrma ^^^- ^^^ presiding justice of a district court may exclude 
^e excluded, the general public from the court room during the trial of 
any criminal proceeding involving husband and wife. 

Approved May 13, 1949. 



etc. 



Chap. 303 An Act relative to the expenditure of funds for the 

school lunch program. 

Be it enacted, etc., as follows: 

Section 2j,of chapter 548 of the acts of 1948 is hereby 
amended by striking out, in Hne 9, the word "appropriate" 
and inserting in place thereof the word : — expend, — so as 
to read as follows : — Section 2. Pursuant to any power of 
school committees to operate or provide for the operation of 
school lunch programs in schools under their jurisdiction, a 
school committee of any town may establish, maintain, 
operate and expand a school lunch program for the pupils 
in any school building under the jurisdiction of said com- 
mittee, may make all contracts necessary to provide material, 
personnel and equipment needed to carry out the provisions 
of this act; and if necessary may expend funds to meet the 
matching requirements and any other provisions of said 
National School Lunch Act. Approved May 13, 1949. 

Chap. 304: An Act relative to the hunting of deer and other 

MAMMALS. 

Be it enacted, etc., as follows: 
G. L. (Ter. Sectiou 78 of chapter 131 of the General Laws, as amended 

1 78,' etc!; by chapter 275 of the acts of 1947, is hereby further amended 

amended. 



Acts, 1949. — Chaps. 305, 306. 213 

by striking out the first paragraph and inserting in place 
thereof the following paragraph : — Whoever constructs, Hunting of 
erects, sets, uses, locates, repairs, tends or maintains any ^ammals"*^^'^ 
snare for the purpose of catching or killing any mammal, or regulated." 
hunts a mammal by such means or by the aid or use of any 
motor vehicle or airplane, or hunts a mammal by the aid or 
use of artificial light, shall be punished by a fine of not less 
than fifty nor more than two hundred dollars. The construc- 
tion, erection, setting, using, locating, repairing, tending or 
maintenance of any snare by any person shall be prima facie 
evidence of a violation by him of this section. 

Approved May 13, 1949. 

An Act requiring the shoring of certain excavations. QJiaj) 305 
Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by g. l. (Xer. 
inserting after section 129, as appearing in the Tercentenary u29Af addld. 
Edition, the following section: — Section 129 A. On any Certain 
construction or other project on which a trench is to be dug be^'shored!^ ^° 
to a depth of eight feet or more, such trench shall, if any per- 
son is to be required to enter or work therein, and there is a 
possibility of a cave-in or collapse thereof, be shored and 
braced in such a manner as to prevent its caving in or col- 
lapsing. Any employer, or the officer or agent of any em- 
ployer who violates this section shall be punished by a fine 
of not more than two hundred dollars, or by imprisonment 
for not more than one year, or both. 

This section shall apply also to any project being carried 
on by any city, town, county, or other subdivision of the 
commonwealth. Approved May 13, 19^9. 

An Act providing for an accelerated highway program, (Jfid'n 306 

Whereas, The deferred operation of this act would unneces- Emergency 
sarily delay putting into effect the accelerated highway p'"®*™'''®- 
program provided for therein, therefore this act is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. The state department of public works, here- 
inafter called the department, and the metropolitan district 
commission, hereinafter called the commission, are hereby 
authorized and directed to expend a sum not to exceed one 
hundred million dollars, in addition to any other appropria- 
tions for like purposes as may have heretofore or may here- 
after be made, for projects for the laying out, construction, 
reconstruction and relocation of highways, parkways, bridges, 
grade crossing eliminations and alterations of crossing at 
other than grade, for traffic safety devices in accordance 
with section seven of this act, for the alteration, construction 
and reconstruction of state-owned bridges in accordance 
with chapter six hundred and ninety of the acts of nineteen 



Acts, 1949. — Chap. 306. 

hundred and forty-five, as amended and supplemented, for 
traffic studies in urban areas and for studies to determine 
the desirabifity and feasibility of revenue producing traffic 
facifities. The department and/or the commission shall 
accept any federal funds available for such projects, and 
such federal funds when received shall be credited to the 
Highway Fund. 

Section 2. Except in the case of parkway projects under 
the jurisdiction of the commission, the department shall 
have full authority to select the projects to be undertaken 
under the authority of this act. 

Section 3, The department is hereby authorized and 
directed to make a survey for the purpose of determining 
the feasibility and practicability of a revenue-producing 
interstate through expressway from the Connecticut state 
line to the New Hampshire state line, together with a suit- 
able connection to a point west of the Connecticut river and 
an easterly connection to Boston, or thereabouts. The de- 
partment shall file a report with its findings and recommenda- 
tions with the clerk of the house of representatives not later 
than June first, nineteen hundred and forty-nine. 

Section 4. Pursuant to the provisions of section one of 
this act, the commission is hereby authorized and directed 
to expend a sum, not to exceed eight million dollars, for proj- 
ects of the commission in the area set forth in the "Master 
Highway Plan for the Boston Metropolitan Area", as es- 
tablished and defined in Exhibit B of House Document No. 
1767 of the year nineteen hundred and forty-eight. 

Section 5. Pursuant to the provisions of section one 
of this act, the department is hereby authorized and directed 
to expend a sum, not to exceed thirty-seven million dollars, 
for projects in the area set forth in the "Master Highway 
Plan for the Boston Metropolitan Area", as established and 
defined in said Exhibit B of House Document No. 1767 of 
the year nineteen hundred and forty-eight. 

Section 6. Pursuant to the provisions of section one of 
this act, the department is hereby authorized and directed 
to expend a sum, not to exceed fifty-three million dollars, 
for projects in the area set forth in "The Report on Massa- 
chusetts State Highway Needs, exclusive of Metropolitan 
Boston", as established and defined in Exhibit A of said 
House Document No. 1767, of the year nineteen hundred 
and forty-eight and for traffic studies in urban areas and for 
studies to determine the desirability and feasibility of rev- 
enue producing facilities including the project authorized in 
section three of this act; and not less than five million dollars 
of said sum shall be expended in each of the following four 
areas of the commonwealth: in the area west of the Con- 
necticut river; in the area lying between the Connecticut 
river and the easterly boundary line of Worcester county; 
in Essex, Middlesex and Norfolk counties including Route 
128 therein; and in Bristol, Plymouth, Barnstable, Dukes 
and Nantucket counties. 



Acts, 1949. — Chap. 306. 215 

Section 7. Pursuant to the provisions of section one of 
this act, the department is hereby authorized and directed 
to expend a sum, not to exceed two million dollars, for traffic 
safety devices on state highways and on roads constructed 
under the provisions of section thirty-four of chapter ninety 
of the General Laws. 

Section 8. The department and the commission may, 
on behalf of the commonwealth, take by eminent domain 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, such public or private lands, 
cemeteries, public parks or reservations, or parts thereof or 
rights therein, and/or public ways as it may deem necessary 
for carrying out the provisions of this act, including such 
land or rights in land as may be necessary for the construc- 
tion of any necessary drainage outlets; provided, that no 
damage shall be paid for pubUc lands or parks, parkways or 
reservations so taken. 

Section 9. When the work on any project authorized 
by section one shall have been completed, the title to or 
control of such highways, lands and/or rights therein taken 
or acquired therefor as in the opinion of the department are 
no longer needed for state highway purposes, or in the 
opinion of the commission are no longer needed for park- 
way purposes, may be transferred by the department or the 
commission, as the case may be, to the city or town in which 
the land or the highway lies. Such sections of highway shall 
become city or town ways and shall be kept in good condi- 
tion and repair by the city or town in which the land lies and 
the provisions of section twenty-five of chapter eighty-one 
of the General Laws shall apply thereto. 

Section 10. To meet the expenditures necessary in carry- 
ing out the provisions of this act, the state treasurer shall, 
upon request of the governor and council, issue and sell at 
pubhc or private sale bonds of the commonwealth, registered 
or with interest coupons attached, as he may deem best, 
to an amount to be specified by the governor and council from 
time to time but not exceeding in the aggregate the sum of 
one hundred million dollars. All bonds issued by the com- 
monwealth as aforesaid shall be designated on the face: 
Highway Improvement Loan, Act of 1949, and shall be on 
the serial payment plan for such maximum term of years not 
exceeding ten years from the date of issue, as the governor 
may recommend to the general court pursuant to section 3 
of Article LXII of the Amendments to the Constitution of 
the commonwealth, the maturities thereof to be so arranged 
that the amounts payable in the several years other than 
the final year shall be as nearly equal as in the opinion of 
the state treasurer it is practicable to make them. Said 
bonds shall bear interest payable semi-annually at such rate 
as the state treasurer with the approval of the governor shaU 
fix. Such bonds shall be payable not earlier than July first, 
nineteen hundred and fifty-one, nor later than June thirtieth, 
nineteen hundred and sixty-three. 



216 Acts, 1949. — Chap. 307. 

All interest payments and payments on account of princi- 
pal on such obligations shall be paid from the Highway 
Fund; provided, that, notwithstanding the foregoing, such 
obligations shall be general obligations of the common- 
wealth. 

Section 11. The cost of the work authorized in section 
one shall include all project payments, property damages, 
expenses for consultants and engineering services, and for 
all legal and other technical and expert services, and inci- 
dental expenses in connection with the projects herein 
authorized. The department and the commission, severally, 
may engage such additional engineering and other personnel 
subject to the provisions of chapters thirty and thirty-one 
as may be necessary to carry out the terms of this act, and 
may also engage the services of such consulting engineers 
as it may deem necessary, but no increase in the number of 
permanent positions in the engineering force of the depart- 
ment or of the commission shall be allowed on account of this 
act. 

Section 12. The department and the commission, 
respectively, shall file detailed progress reports with the 
governor and with the clerk of the house of representatives 
on December thirty-first, nineteen hundred and forty-nine, 
June thirtieth, nineteen hundred and fifty, and December 
thirty-first, nineteen hundred and fifty, and shall render a 
final report on or before July thirty-first, nineteen hundred 
and fifty-one relative to all projects undertaken under the 
provisions of this act. 

Section 13. All contracts for the projects authorized by 
this act shall be entered into by the department and the com- 
mission, respectively, not later than June thirtieth, nineteen 
hundred and fifty-one. Approved May 18, 1949. 



Chap. S07 An Act making appropriations for the maintenance 

OF DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS 
AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR 
INTEREST, SINKING FUND AND SERIAL BOND 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 im- 
provements, and to meet certain requirements of law, the 
sums set forth in section two, for the several purposes and 
subject to the conditions specified in said section two, are 
hereby appropriated from the funds designated in said 
section, 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 
fifty, in this act referred to as the year nineteen hundred 
and fifty, or for such period as may be specified. 



Acts, 1949. — Chap. 307. 



217 



Section 2, 
The Following Appropriations are made from The General Ftjnd: 
Service of the Legislative Department. 

0101-01 For the compensation of senatora . . $112,750 00 

0101-02 For expenses of senators, including travel, for 

the year nineteen hundred and fifty . . 25,000 00 

0101-03 For the compensation of representatives . 662,750 00 

0101-04 For expenses of representatives, including 
travel, for the year nineteen hundred and 
fifty 148,000 00 

0101-05 For the salaries of the clerk of the senate and 

the clerk of the house of representatives . 19,400 00 

0101-06 For the salaries of the assistant clerk of the 
senate and the assistant clerk of the house 
of representatives ..... 14,400 00 

0101-07 For such additional clerical assistance to, and 
with the approval of, the clerk of the senate, 
as may be necessary for the proper despatch 
of public business, including not more than 
one permanent position .... 5,200 00 

0101-08 For such additional clerical assistance to, and 
with the approval of, the clerk of the 
house of representatives, as may be neces- 
sary for the proper despatch of pubhc busi- 
ness, including not more than three perma- 
nent positions ..... 10,560 00 

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 . . 11,260 00 

0101-11 For the compensation for travel of door- 
keepers, assistant doorkeepers, general 
court officers, pages and other employees 
of the sergeant-at-arms, authorized by law 
to receive the same .... 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 8,820 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 . 78,730 00 

0101-14 For compensation of the pages of the senate 
and house of representatives, with the ap- 
proval of the sergeant-at-arms, including 
not more than fifteen permanent positions 14,700 00 

0101-15 For the salaries of clerks employed in the 
legislative document room, including not 
more than two permanent positions . . 8,880 00 

0101-17 For the salaries of the chaplains of the senate 
and house of representatives, including not 
more than two permanent positions . . 2,760 00 

0101-18 For personal services of the counsel to the 
senate and assistants, including not more 
than four permanent positions; provided, 
that, notwithstanding any provisions of 
law to the contrary, the present counsel to 
the senate may continue to serve in said 
office subject to the will of the senate . 29,960 00 



218 



Acts, 1949. — Chap. 307. 



Item 

0101-19 For personal services of the counsel to the 
house of representatives and assistants, 
including not more than six permanent 
positions $4-4,200 00 

0101-20 For clerical and other assistance to the senate 
committee on rules, including not more 
than three permanent positions . . 13,960 00 

0101-21 For clerical and other assistance to the house 
committee on rules, including not more 
than five permanent positions . . 19,620 00 

0101-25 For clerical and other assistance to the house 
committee on ways and means, including 
not more than five permanent positions . 24,900 00 

0102-01 For traveling and such other expenses of the 
committees of the general court as may be 
authorized by order of either branch of the 
general court 10,000 00 

0102-02 For printing, binding and paper ordered by 
the senate and house of representatives, or 
by concurrent order of the two branches, 
for the year nineteen hundred and fifty and 
the pre\'ious year, mth the approval of the 
clerks of the respective branches . . 125,000 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 two permanent positions . 

0102-05 For stationery for the senate, purchased by 
and with the approval of the clerk . 

0102-06 For office and other expenses of the committee 
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 bj'^ 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 
expenses in and about the state house, 
with the approval of the sergeant-at-arms, 
for the year nineteen hundred and fifty 
and previous years .... 12,165 00 

0102-12 For telephone service .... 10,000 00 

0102-14 For the payment of wdtness fees to persons 
summoned to appear before committees of 
the general court, and for expenses inci- 
dental to summoning them, with the ap- 
proval of the sergeant-at-arms . . 200 00 

0102-16 For certain expenses of the clerk's office, 
house of representatives, for the year nine- 
teen hundred and fifty and previous years 500 00 

0102-17 For certain expenses of the senate clerk's 

office 200 00 

0102-28 For expenses of the house committee on ways 
and means, to be in addition to any amount 
heretofore appropriated for the purpose . 2,000 00 

0102-50 For the services of a physician and for medi- 
cal supphes during the legislative session, 
subject to the approval of the sergeant-at- 
arms; provided, that section twenty-one 



t5,600 00 


500 00 


600 00 


300 00 


800 00 


4,000 00 


500 00 



Acts, 1949. — Chap. 307. 



219 



Item 



of chapter thirty of the General Laws shall 
not apply to the payments made under this 
item $1,200 00 

Total $1,500,416 00 



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 traveHng 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 cleri- 
cal 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 ....... 

0302-04 For clerical work, inspection of records and 
doings of persons authorized to admit to 
bail, for an executive clerk to the chief 
justice, and for certain other expenses in- 
cidental to the work of the court 

Total 



$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 


17,158 00 


$24,158 00 


$465,000 00 
22,000 00 



1,000 00 



16,000 00 
$504,000 00 



Judicial Coimcil: 

0303-01 For expenses of the judicial council, as au- 
thorized by section thirty-four C of chapter 
two hundred and twenty-one of the Gen- 
eral Laws $1,800 00 

0303-02 For compensation of the secretary of the ju- 
dicial coimcil, as authorized by said section 
thirty-four C of said chapter two hundred 
and twenty-one ..... 5,000 00 

Total $6,800 00 



Administrative Committee of District 
Courts : 
0304-01 For compensation and expenses of the ad- 
ministrative committee of district courts . 



$6,000 00 



220 



Acts, 1949. — Chap. 307. 



Itwn 

0305-02 
0305-03 
0305-06 

0305-07 
0307-01 



Administrative Committee of Probate and 
Insolvency Courts: 

For the compensation of judges of probate 
when acting for other judges of probate . 

For expenses of judges of probate when act- 
ing for other judges of probate 

For reimbursing officials for premiums paid 
for procuring sureties on their bonds, as 
provided by existing laws 

For expenses of the administrative committee 
of probate courts , . . . . 

See item 0305-07. 

For the salaries of judges of probate, 
registers of probate, assistant registers 
and clerical assistance to registers of the 
several counties: 



$11,000 00 
2,300 00 

500 00 
500 00 





Barnstable: 




0306-21 


Judge of probate ..... 


$8,000 00 


0306-41 


Register ...... 


5,000 00 


0306-61 


Assistant register ..... 


3,500 00 


0306-81 


Clerical assistance to register, including not 






more than three permanent positions 


6,540 00 




Berkshire: 




0306-22 


Judge of probate ..... 


8,000 00 


0306^2 


Register ...... 


5,500 00 


0306-62 


Assistant register ..... 


4,000 00 


0306-82 


Clerical assistance to register, including not 






more than five permanent positions 


9,380 00 




Bristol: 




0306-23 


Judge of probate ..... 


10,000 00 


0306-43 


Register ...... 


7,000 00 


0306-63 


Two assistant registers .... 


9,500 00 


0306-83 


Clerical assistance to register, including not 






more than twelve permanent positions . 


24,660 00 




Dukes Coimty: 




0306-24 


Judge of probate ..... 


3,500 00 


0306^4 


Register ...... 


3,000 00 


0306-84 


Clerical assistance to register, including not 






more than one permanent position 


2,100 00 




Essex : 




0306-25 


Two judges of probate .... 


20,000 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 . 


35,570 00 




Franklin : 




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 


4,080 00 




Hampden : 




0306-27 


Two judges of probate .... 


20,000 00 


0306-47 


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 



27,040^00 



Acts, 1949. — Chap. 307. 



221 



Item 





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 


4,510 00 




Middlesex : 




0306-29 


Two judges of probate .... 


24,000 00 


0306-49 


Register ...... 


8,500 00 


0306-69 


Five assistant registers .... 


26,000 00 


0306-89 


Clerical assistance to register, including not 






more than forty permanent positions 


88,220 00 




Nantucket : 




0306-30 


Judge of probate ..... 


3,500 00 


0306-50 


Register ...... 


3,000 00 


0306-90 


Clerical assistance to register . 
Norfolk: 


500 00 


0306-31 


Judge of probate ..... 


12,000 00 


0306-51 


Register ...... 


7,500 00 


0306-71 


Three assistant registers .... 


15,500 00 


0306-91 


Clerical assistance to register, including not 






more than fifteen permanent positions . 


32,735 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 . 


12,870 00 




Suffolk: 




0306-33 


Three judges of probate .... 


39,000 00 


0306-53 


Register ...... 


8,500 00 


0306-73 


Five assistant registers .... 


26,000 00 


0306-93 


Clerical assistance to register, including 
not more than forty-eight permanent 






positions ...... 


107,550 00 




Worcester: 




0306-34 


Two judges of probate .... 


20,000 00 


0306-54 


Register ...... 


7,500 00 


0306-74 


Three assistant registers .... 


15,000 00 


0306-94 


Clerical assistance to register, including not 






more than fifteen permanent positions . 


33,580 00 




Total 


$820,135 00 



Service of the Land Court. 

0308-01 For the salaries of the judge, associate judges 
and the recorder, including not more than 
four permanent positions . . . $43,500 00 

0308-02 For engineering, clerical and other personal 
services, including not more than twenty- 
nine permanent positions . . . 114,560 00 

0308-03 For personal services in the examination of 
titles, for publishing and serving citations 
and other services, traveling expenses, 
supplies and office equipment, and for the 
preparation of sectional plans showing 
registered land 33,440 GO 



Total 



$191,500 00 



222 



Acts, 1949. — Chap. 307. 



Item 

0309-01 



0310-01 

0310-02 

0310-03 
0310-04 

0310-05 
0310-06 
0310-07 

0310-08 

0310-09 



0311-01 
0311-02 



0312-01 
0312-02 



Pensions for Certain Retired Jxtstices. 

For pensions of retired justices of the su- 
preme judicial court and of the superior 
court, and judges of the probate courts and 
the land court $100,000 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 posi- 
tions $83,200 00 

For the salaries of the district attorney and 
assistants for the northern district, in- 
cluding not more than seven permanent 
positions 38,400 00 

For the salaries of the district attorney and 
assistants for the eastern district, includ- 
ing not more than five permanent positions 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 positions 20,620 00 

For the salaries of the district attorney and 
assistants for the middle district, including 
not more than four permanent positions 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 

For the salaries of the district attorney and 
assistant for the northwestern district, in- 
cluding not more than two permanent 
positions . . . . . . 7,680 00 

For traveling expenses necessarily incurred 
by the district attorneys, except in the Suf- 
folk district, including expenses incurred 
in previous years ..... 5,000 00 

Total $229,300 00 

Service of the Board of Probation. 

For personal services of the commissioner, 
clerks and stenographers, including not 
more than forty -six permanent positions $113,410 00 

For services other than personal, including 
printing the annual report, traveUng ex- 
penses, rent, office supplies and equipment 9,398 00 

Total $122,808 00 

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 . . $19,700 00 

For other services, including printing the 

annual report, traveling expenses, office 

suppUes and equipment .... 7,490 00 



Total 



$27,190 00 



Acts, 1949. — Chap. 307. 



223 



Item 



0318-01 



0401-01 
0401-02 
0401-03 
0401-04 

0401-05 

0401-06 

0401-21 



0401-22 
0401-23 
0401-24 



0401-25 
0401-31 

0401-90 
0402-01 



Suffolk County Court Hou^e. 

for reimbursing the city of Boston for thirty 
per cent of the cost of maintenance of the 
Suffolk County court house, as provided by 
and subject to the conditions of section six 
of chapter four hundred and seventy-four 
of the acts of the year nineteen hundred 
and thirty-five, to be in addition to any 
amount heretofore appropriated for the 
purpose; provided, that this appropria- 
tion shall not be construed as fixing the 
specific amount for which the common- 
wealth shall be liable on account of said 
maintenance $130,000 00 

Service of the Executive Department. 

For the salary of the governor . . . $20,000 00 

For the salary of the lieutenant governor . 6,000 00 

For the salaries of the eight councilors . 16,000 00 

For the salaries of officers and employees of 
the governor's office .... 72,720 00 

For certain personal services for the lieuten- 
ant governor . . . . . 11,480 00 

For certain personal services for the executive 
council . 14,220 00 

For travel and expenses of the lieutenant 
governor and council from and to their 
homes 4,000 00 

For postage, printing, office and other con- 
tingent expenses, including travel, of the 
governor . . . . . 20,000 00 

For postage, printing, stationery, traveling 
and contingent expenses of the governor 
and council ..... 6,500 00 

For the cost of entertainment of distinguished 
visitors to the commonwealth, for the pay- 
ment of extraordinary expenses not other- 
wise provided for; and for transfers to 
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 . . 100,000 00 

For certain maintenance expenses of the 
governor's automobile .... 1,800 00 

For the purchase of portraits of governors of 
the commonwealth, as authorized by sec- 
tion nineteen of chapter eight of the Gen- 
eral Laws 3,000 00 

This item omitted. 

Total $275,720 00 

Service of the Adjutant General. 
For the salary of the adjutant general . . $8,800 00 



224 



Acts, 1949. — Chap. 307. 



Item 
0402-02 



0402-04 



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 
tv?enty-one permanent positions . . $82,740 00 

For expenses not otherwise provided for in 
connection with military matters and 
accounts 5,300 00 

Total $96,840 00 



Service of the Organized Militia. 

0403-0 i For allowances to companies and other ad- 
ministrative units, to be expended under 
the direction of the adjutant general . 180,000 00 

0403-03 For certain allowances for officers of the 
organized militia, as authorized by para- 
graph (c) of section one hundred and 
twenty of chapter thirty-three of the Gen- 
eral Laws ...... 62,500 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 
notwithstanding, sums not exceeding in the 
aggregate eight thousand two hundred and 
fifty dollars may be expended for compen- 
sation for two full time positions . . 23,050 00 

0403-14 For compensation for accidents and injuries 
sustained in the performance of military 
duty 4,000 00 

0403-15 To cover certain small claims for damages to 
private property arising from miUtary 
maneuvers ...... 1,500 00 

0403-17 For services and expenses of the military 
reservation located in Barnstable coimty, 
including compensation of one commis- 
sioner ....... 4,415 00 

0403-18 For premiums on bonds for officers . 2,000 00 

0403-21 For personal services and expenses of main- 
taining an air national guard . . . 9,000 00 

Total $350,465 00 



0405-01 



0405-02 



Service of the State Quartermaster. 

For personal services and expenses of the 
state quartermaster, superintendent of ar- 
senal and certain other employees of the 
state quartermaster, including not more 
than seven permanent positions . . $27,755 00 

For personal services of armorers and assist- 
ant armorers of armories of the first class, 
superintendent of armories, and other em- 
ployees, including not more than eighty- 
three permanent positions, and for operat- 
ing expenses of armories of the first class . 535,510 00 



Acts, 1949. — Chap. 307. 



225 



Item 
0406-05 



0406-06 



0406-09 



0406-24 



For reimbursement for rent and maintenance 
of armories not of the first class, up to and 
including June thirtieth, nineteen hundred 
and fifty . . ,. . ... $28,900 00 

For expenses of maintaining and operating 
the Camp Curtis Guild rifle range, includ- 
ing not more than seven permanent posi- 
tions . 24,400 00 

For personal services and expenses of certain 
storage and maintenance facilities, includ- 
ing not more than fourteen permanent 
positions . . . ... 92,630 00 

For maintenance expenses of certain national 
guard aviation facilities .... 21,710 00 

Total $730,905 00 



Service of the State Surgeon. 

0407-01 For personal services and expenses of the 
state surgeon, and regular assistants, in- 
cluding not more than three permanent 
positions ...... 



$23,360 00 



Service of the State Judge Advocate. 
040S-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 armory commission . . $220 00 



Service of the Commission on Administration and Finance. 

0414-01 For personal services of the commissioners, 
including not more than four permanent 
positions $37,000 00 

0414-02 For personal services and expenses of the 
office of the commissioner of administra- 
tion, including not more than ten perma- 
nent positions; provided, that the comp- 
troller shall transfer to the General Fund 
the sum of twelve thousand and seventy- 
nine dollars from the Highway Fundi . 60,410 00 

0414-03 For personal services and expenses of the 
bureau of the comptroller, including not 
more than one hundred and fourteen per- 
manent positions; provided, that the 
comptroller shall transfer to the General 
Fund the sum of seventy-two thousand 
four himdred and ninety dollars from the 
Highway Fund 362,452 00 

0414-04 For personal services and expenses of the 
bureau of the budget commissioner, includ- 
ing not more than seven permanent posi- 
tions; provided, that the comptroller shall 
transfer to the General Fund the sum of 
six thousand three hundred and fifty dol- 
lars from the Highway Fund . . . 31,743 00 

0414-05 For personal services and expenses of the 
bureau of the purchasing agent, including 
not more than sixty-one permanent posi- 
tions; provided, that the comptroller shall 



226 



Acts, 1949. — Chap. 307. 



Item 



0414-06 



0414-10 



0414-11 



0414-12 



0414-31 



transfer to the General Fund the sum of 
thirty-six thousand one hundred and fifty 
dollars from the Highway Fund . . $180,720 00 
For personal services and expenses of the 
dix-ision of personnel and standardization, 
including not more than thirty-seven per- 
manent positions; proAided, that the 
comptroller shall transfer to the General 
Fund the sum of twenty-six thousand two 
hundred and fifteen dollars from the High- 
way Fund 131,085 00 

Total $803,410 00 

Telephone service: 
For telephone service in the state house and 

expenses in connection therewith . . $65,000 00 

Purchase of paper: 
For the purchase of paper used in the execu- 
tion of the contracts for state printing, 
other than legislative, with the approval 
of the commission on administration and 
finance $54,500 00 

Central mailing room : 
For personal services of the central mailing 
room, including not more than nine perma- 
nent positions $26,290 00 

Personnel Appeal Boards: 
For personal services and expenses of per- 
sonnel appeal boards, as authorized by 
chapter four hundred and eighty-five of 
the acts of nineteen hundred and forty-five $2,500 00 



Service of the State Superintendent of Buildings. 

0416-01 For personal services and office expenses of 
the superintendent and office assistants, in- 
cluding not more than five permanent 
positions $20,610 00 

0416-02 For personal services of engineers, assistant 
engineers, firemen and helpers in the en- 
gineer's department, including not more 
than forty-seven permanent positions . 126,730 00 

0416-03 For personal services of capitol police, in- 
cluding not more than thirty-one perma- 
nent positions . . . . . 86,460 00 

0416-04 For personal services of janitors, including 
not more than twenty-three permanent 
positions 48,420 00 

0416-05 For other personal ser\-ices and expenses inci- 
dental to the care and maintenance of the 
state house and of the Ford building, so 
called, including not more than eighty-one 
permanent positions .... 370,840 00 



Total 



$653,060 00 



Service of the State Planning Board. 

0419-01 For personal services and expenses of secre- 
tary, chief engineer, and other assistants, 
including not more than thirteen perma- 
nent positions ..... 



$68,348 00 



Acts, 1949. — Chap. 307. 



227 



Item 



0419-21 



Special: 
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, and for compensation and 
expenses of the commissioners as provided 
by section four of said chapter , 



$6,500 00 



Service of the Commissioners on Uniform State Laws. 
0420-01 For expenses of the commissioners . . $750 00 



Service of the State Library. 

042.3-01 For personal services and expenses of the 
Hbrarian, regular Hbrary 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 library, including necessary binding 
and rebinding incidental thereto; pro- 
vided, that contracts or orders for such 
work shall not be subject to the restrictions 
prescribed by section one of chapter five 
of the General Laws .... 

Service of the Art Commission. 
0424-01 For expenses of the commission . 

Service of the Ballot Law Commission. 

042.5-01 For compensation and expenses of the com- 
missioners, including not more than three 
permanent positions .... 



$98,030 00 



$200 00 



$3,2,50 00 



Service of the Massachusetts Fair Employment Practice Commission. 

0426-01 For personal services and expenses of the 
Massachusetts fair employment practice 
commission, as authorized by chapter 
three hundred and sixty-eight of the acts 
of nineteen hundred and forty-six, includ- 
ing not more than eleven permanent po- 
sitions $56,200 00 



Service of the Emergency Housing Commission. 

0427-01 For personal services and expenses of the 
emergency housing commission, as author- 
ized by chapter five hundred and sixty- 
seven of the acts of nineteen himdred and 
forty-eight ...... 



$19,200 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 permanent 
positions ...... 



$35,537 00 



228 



Acts, 1949. — Chap. 307. 



Service of the Massachusetts Public Building Commission 
Item 

0429-01 For personal services and other expenses of 
the Massachusetts pubhc biiilding 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 



Special : 
0429-03 For the preparation of preUminary plans and 
descriptive specifications, as authorized by 
section one of chapter ninety-two A of the 
General Laws, to be in addition to any 
amount heretofore appropriated for the 
purpose ...... 



$50,765 00 



5,000 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, oflSce rent and 
other incidental expenses . . . $68,220 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 ..... 



$1,427 00 



For the Maintenance of the Old State House. 

0444-01 For the contribution of the conmion wealth 
toward the maintenance of the old pro- 
vincial state house .... 



$1,500 00 



Service of the Commission on Alcoholism. 

0445-01 For personal ser\aces and other expenses of 
the commission on alcoholism, as author- 
ized by chapter five hundred and thirteen 
of the acts of nineteen himdred and forty- 
seven ....... 



$9,800 00 



Service of the Youth Service Board. 

0446-01 For personal services and expenses of the 
Youth Service Board, as authorized by 
chapter three hundred and ten of the acts 
of nineteen hundred and forty-eight, and 
including not more than fifty-three perma- 
nent positions ..... $451,661 00 

Instruction in public schools: 
0446-20 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 Youth Service Board, with 
the approval of said Board: 
0446-40 Industrial school for boys, including not 
more than one hundred and twenty-five 
permanent positions .... 392,405 00 



Acts, 1949. — Chap. 307. 



229 



Item 
0446-60 

0446-80 



Industrial school for girls, including not more 

than ninety-five permanent positions . $315,400 00 

Lyman school for boys, including not more 
than one hundred and fortv-nine perma- 
nent positions . . " . . . 570,200 00 

Total $1,737,166 00 



0460-00 



0461-00 



0463-00 



0463-21 
0463-22 



0463-23 
0463-24 



Service of the Airport Management Commission. 

For personal services and expenses of the Air- 
port Management Commission, as author- 
ized by chapter six hundred and thirty- 
seven of the acts of nineteen himdred and 
forty-eight, including not more than eleven 
permanent positions .... $58,050 00 

For personal services and expenses of oper- 
ating the Logan Airport, including not 
more than one hundred and ten permanent 
positions 579,755 GO 

For personal services and expenses of oper- 
ating the Hanscom field, including not 
more than twenty-six permanent positions 112,670 00 



Total $750,475 00 

Specials : 
This item omitted. 
For certain improvements at the Hanscom 

field which have been approved by the 

proper federal authorities, to be included 

in federal aid programs . . . $85,000 00 

This item omitted. 

For the resurfacing of runways at the Hans- 
com field; provided, that any portion of 

the sum herein appropriated may also be 

used for matching federal funds . . 50,000 00 

Total $135,000 00 



Service of the Secretary of the Commonwealth. 

0501-01 For the salary of the secretary . . . $8,000 00 

0501-02 For personal services and expenses of the 
office of the secretary, including not more 
than sixty-seven permanent positions . 242,296 00 

0502-01 For the purchase of certain supplies, equip- 
ment and repairs necessary in connection 
with the reproduction of the manuscript 
collection designated "Massachusetts 
Archives", and for the furnishing of photo- 
static copies of corporation papers, election 
papers and acts and resolves . . . 8,706 00 

0502-02 For the purchase and distribution of copies 
of certain journals of the house of repre- 
sentatives of Massachusetts Bay from 
seventeen hundred and fifteen to seventeen 
hundred and eighty, inclusive, as author- 
ized by chapter four hundred and thirteen 
of the acts of nineteen hundred and twenty 1,650 00 

Total $260,652 00 

For printing laws, etc. : 
0503-01 For printing and distributing the pamphlet 
edition and for printing and binding the 



230 



Acts, 1949. — Chap. 307. 



Item 



0503-02 



0503-03 



0504-01 



0505-01 



0506-01 



blue book edition of the acts and resolves of 

the year nineteen hundred and fifty, to be 

in addition to any amount heretofore ap- 
propriated for the purpose . . . $33,675 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 12,057 00 

For printing and binding public documents, 

to be in addition to any amount heretofore 

appropriated for the purpose . . . 4,500 00 

Total $50,232 00 

For matters relating to elections: 
For personal services and expenses for pre- 
paring, printing and distributing ballots, 
and other miscellaneous expenses for 
primary and other elections, including not 
more than three permanent positions . $157,278 00 

Medical Examiners' Fees: 
For medical examiners' fees, as provided by 
law $1,500 00 

Commission on Interstate Co-operation: 
For personal sei vices and expenses of the 
comntiission, including travel, as authorized 
by sections twenty-one to twenty-four, in- 
clusive, of chapter nine of the General 
Laws, and including not more than two 
permanent positions .... $22,075 00 



Service of 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 perma- 
nent positions; provided, that the comp- 
troller shall transfer to the General Fund 
the sum of thirty-six thousand one hundred 
and thirty dollars from the Highway Fund 180,680 00 

Total $187,680 00 

Commissioners on Firemen's Relief: 
0602-01 For relief disbursed, with the approval of the 
commissioners on firemen's relief, subject to 
the provisions of law, and for expenses of 
administration by the commissioners on 
firemen's reUef $15,300 00 

State Board of Retirement: 
0604-01 For personal services and expenses in the 
administrative office of the state board of 
retirement, including not more than thir- 
teen permanent positions . . . $36,620 00 
0604-03 For the payment of the commonwealth's 
share in financing the state employees' re- 
tirement system, as provided by chapter 
six hundred and fifty-eight of the acts of 
nineteen hundred and forty-five; provided. 



Acts, 1949. — Chap. 307. 



231 



Item 



that the comptroller shall transfer to the 
General Fund the sum of seventy-two 
thousand five hundred dollars from the 
ffighway Fund $1,450,000 00 

Total $1,486,620 00 



Service of the Emergenq/ Finance Board. 

0605-01 For administrative expenses of the emer- 
gency finance board, including not more 
than seven permanent positions 



$7,600 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; pro- 
vided, that the comptroller shall transfer 
to the General Fund the sum of twenty- 
four thousand eight hundred and fifty 
dollars from the Highway Fimd 

Total 



0801-01 
0801-02 



0802-01 



0802-02 



148,480 00 


$155,480 00 


$10,000 00 


219,850 00 


8,000 00 


7,000 00 


$244,850 00 



Service of the Attorney Generals Department. 

For the salary of the attorney general . 

For personal services and expenses of the 
office of the attorney general, including not 
more than forty-two permanent positions 

For the settlement of certain claims, as pro- 
vided by law, on account of damages by 
cars owned by the commonwealth and 
operated by state employees . 

For the settlement of certain small claims, as 
authorized by sections three A and three B 
of chapter twelve of the General Laws 

Total 

Special : 
0803-08 For a contribution to the National Associa- 
tion of Attorneys General, to be in addition 
to any amount heretofore appropriated for 
the purpose $1,000 00 

Special Investigation: 
0803-10 For personal services and expenses of hear- 
ings and special pleadings, including legal 
assistants and stenographic services as 
needed in litigations, re. New York, New 
Haven & Hartford Railroad (Old Colony 
Division); provided, that no salaries or 
expenses of permanent employees shall be 
charged to this item .... $7,500 00 



Service of the Department of Agriculture. 

0901-01 For the salary of the commissioner . . $7,000 00 

0901-02 For personal services and expenses, including 
not more than twenty-three permanent 
positions 90,849 00 



232 



Acts, 1949. —Chap. 307. 



Item 
0901-11 

0901-21 



0901-22 



0905-01 



0905-03 



0906-01 



0907-01 



0907-06 



0907-07 



0907-08 



For compensation and expenses of members 
of the advisory board .... $560 00 

For personal .services and expenses of apiary 
inspection, including not more than one 
permanent position .... 4,000 00 

For personal services and expenses of a pro- 
gram 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 chap- 
ter shall be chargeable to this item . . 500 00 

Total $102,909 00 

Division of Dairyinp; andfAnimal Hus- 
bandry ; 

For personal services and expenses of the 
division, including the enforcement of the 
dairy laws of the commonwealth, and in- 
cluding not more than nine permanent 
positions . . . . . . $42,980 00 

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 . . 67,435 00 

Total $110,415 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; perma- 
nent positions ..... $277,860 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 perma- 
nent intermittent positions . . . $146,455 00 

For reimbursement of owners of horses killed 
during the year nineteen hundred and fifty 
and previous years, travel, when allowed, of 
inspectors of animals, incidental expenses 
of killing and burial, quarantine and emer- 
gency services, and for laboratory and vet- 
erinary supplies and equipment . . 4,660 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 m."de under authority of 
section thirty-three of said chapter one 
hundred and twenty-nine during the year 
nineteen hundred and fifty and the previous 
year, to be in addition to any amount here- 
tofore appropriated for tlie purpose . . 45,000 00 

Total $196,115 00 

Reimbursement of towns for inspectors of 
animals : 
For the reimbursement of certain towns for 
compensation paid to inspectors of animals $4,000 00 



Acts, 1949. — Chap. 307. 



233 



Item 



0908-01 



0909-01 



0910-01 



Division of Markets: 
For personal services and expenses, including 
not more than twelve permanent positions $61,700 00 

Division of Plant Pest Control and Fairs: 
For personal services and expenses, including 
not more than three permanent positions $48,885 GO 

State Reclamation Board: 
For expenses of the board, including not more 
than four permanent positions . . $13,900 00 



1001-01 
1001-02 



1001-31 



1002-01 
1002-11 

1002-12 



1002-14 
1002-15 
1002-18 

1002-21 



Service of the Department of Conservation. 

For the salary of the commissioner . . $7,000 GO 

For personal services and expenses of the 
office of the commissioner, including not 
more than sixteen permanent positions . 101,002 00 

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 Japa- 
nese beetles, and for reimbursement to 
cities and towns of a proportion of their 
expenses for such work, as provided b}' law 94,619 GO 

Total $202,621 GO 

Division of Forestry (it is hereby provided 
that federal funds received as reimburse- 
ments under the following items are to 
be credited to the General Fund as in- 
come from the division of forestry) : 

For personal services and expenses of the 
office of the director, including not more 
than five permanent positions . . $17,970 GO 

For aiding towns in the purchase of equip- 
ment for extinguishing forest fires, and for 
making protective belts or zones as a de- 
fense against forest fires, for the year nine- 
teen hundred and fifty and for previous 
years 1,000 00 

For personal services of the state &e warden 
and his assistants, and for other services, 
including traveUng 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 . . . 257,230 GO 

For the expenses of forest fire patrol, as au- 
thorized by section twenty-eight A of chap- 
ter forty-eight of the General Laws . , 36,727 00 

For reimbursement to certain towns, as 
authorized by section twenty-four of said 
chapter forty-eight .... 1,000 00 

For personal services and expenses, including 
not more than two permanent positions, in 
connection with establishing forest cutting 
practices, as authorized by chapter five 
hundred and thirty-nine of the acts of 
nineteen hundred and forty-three . . 7,695 00 

For the development of state forests, includ- 
ing not more than seventeen permanent 



234 



Acts, 1949. — Chap. 307. 



Item 



1002-26 



1002-27 



1002-41 



1002-44 
1002^5 



1003-01 
1003-02 

1003-03 



1004-70 



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 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 ....... 

For personal services and expenses in con- 
nection with certain farm forestry projects 
in co-operation with the United States 
Forest Service and the county of Berk- 
shire; provided, that no expenditure shall 
be made under this item until the county of 
Berkshire shall have deposited the sum of 
one thousand three hundred and twenty- 
five dollars in the state treasury for this 
project ....... 

For personal services and expenses in con- 
nection with certain farm forestry projects 
in co-operation with the United States 
Forest Service and the coimty of Essex; 
provided, that no expenditure shall be 
made under this item until the county of 
Essex shall have deposited the sum of one 
thousand three hundred and twenty-five 
dollars in the state treasury for this project 

Total 

Specials: 

For the purchase and installation of new 
radio equipment in certain observation 
towers ....... 

For the purchase of fire trucks . 

This item included in item 1001-02. 

Total 

Di\asion of Law Enforcement: 

For personal services and expenses of the 
office of the director, including not more 
than five permanent positions . 

For personal services and expenses of the 
administration and enforcement of laws 
relative to shellfish and other marine 
fisheries, and for regulating the sale and 
cold storage of fresh food fish, including not 
more than sixteen permanent positions 

For personal services and expenses of con- 
servation officers, including not more than 
thirty-nine permanent positions; provided, 
that the comptroller shall transfer to the 
General Fund the sum of eighty-three 
thousand four hundred and fifty-five dol- 
lars from the Inland Fisheries and Game 
Fund 

Total 

Division of Marine Fisheries: 
For personal services and expenses of the 
office of the director, including not more 
than eight permanent positions, and in- 
cluding personal services and expenses 
required in connection with the activities 



$192,380 00 



5,300 00 



5,300 00 



$524,602 00 



$13,200 00 
35,000 00 



$48,200 00 



$15,580 00 



94,705 00 



166,910 00 
$277,195 00 



Acts, 1949. — Chap. 307. 



235 



Item 



1004-73 



1004-84 



1004-85 



1004-87 
1004-90 



1004-91 
1004-93 



provided for under items 1004-84 and 

1004-85 . . . . . . $43,667 GO 

For expenses of the advisory board of the 

division of marine fisheries, as authorized 

by chapter six hundred and fifty-one of 

the acts of nineteen hundred and forty- 
eight . . . . . 1,600 GO 
For the reimbursement to certain coastal 

cities and towns of a part of the cost of 

projects for the propagation of shellfish, 

as 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 . . 12,500 00 
For the reimbursement to certain coastal 

cities and towns of a part of the cost of 

projects for the suppression of enemies of 

shellfish, as authorized by section twenty 

of chapter one hundred and thirty of the 

General Laws; provided, that the ex- 
penditure by said cities and towns of funds 

herein provided shall not be subject to 

appropriation as required by section fifty- 
three of chapter forty-four of„the General 

Laws . . , . . "" . . 7,600 GO 

For the cost of construction and improvement 

of certain fishways, as provided by law . 13,060 00 

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 4,800 00 

For bounties on seals .... 450 00 

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 . 20,000 00 

Total $103,477 00 



Service of the Department of Banking and Insurance. 

Division of Banks: 
1101-01 For the salary of the commissioner 
1101-02 For personal services and expenses, including 
not more than one hundred and sixty 
permanent positions .... 



Total 

Supervisor of Loan Agencies: 
1102-01 For personal services and expenses, including 
not more than seven permanent positions 

Division of Insurance: 
1103-01 For the salary of the commissioner 
1103-02 For other personal services and expenses of 
the division, including expenses of the 
board of appeal and certain other costs 
of supervising motor vehicle liability in- 
surance, and including not more than two 
hundred and nineteen permanent positions; 



$8,500 00 

687,865 00 
$696,365 00 

$21,543 00 
$8,500 00 



236 



Acts, 1949. — Chap. 307. 



Item 



1105-01 



provided, that the comptroller shall 
transfer to the General Fund the sum of 
one hundred and tlairty-three thousand 
dollars from the Highway Fund; and it 
is further provided that contracts or orders 
for the purchase of statement blanks for 
the making of annual reports to the com- 
missioner of insurance shall not be subject 
to the restrictions prescribed by section 
one of chapter five of the General Laws . 

Total 

Division of Savings Bank Life Insurance: 
For personal services and expenses, including 
not more than thirty permanent positions 



$790,425 00 
$798,925 00 



$100,950 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 
investigation and temporary taxes, the 
administration of an excise tax on meals 
and the income tax division, including 
not more than six hundred and eleven 
permanent positions; provided, that the 
comptroller shall transfer to the General 
I'und the sum of ninety-five thousand 
dollars from the Highway Fund, the sum 
of one hundred and four thousand two 
hundred dollars from amounts collected 
under chapter sixty-four B of the General 
Laws and the sum of nine hundred and 
fiifty-four thousand one hundred and 
twenty dollars from the receipts of the 
income tax 1,639,610 00 

1201-03 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; 
provided, that the comptroller shall 
transfer to the General Fund the sum of 
sixteen thousand five hundred and seventy 
dollars from the Highway Fund . . 82,870 00 

1201-12 For expenses other than personal services 
of the division of field investigation and 
temporary taxes . . . . . 18,155 00 

1201-22 For expenses other than personal services 
for the administration of an excise on 
meals the sum of twenty-nine thousand 
three hundred dollars is hereby appro- 
priated from the General Fund; provided, 
that a sum equivalent to the expenditures 
under this item shall be transferred to the 
General Fund from amounts collected 
under chapter sixty-four B of the General 
Laws 29,300 00 

1202-02 For services other than personal of the in- 
come tax division, including traveling 
expenses, office supplies and equipment 
and rent, the sum of two hundred and 
seventy-four thousand six hundred and 
seventy-five dollars is hereby appropriated 
from the General Fund; provided, that 



Acts, 1949. — Chap. 307. 



237 



Item 



1203-01 



1203-11 



1203-12 



1203-21 



1204-01 



1205-01 



1301-01 
1301-02 

1301-06 

1301-07 
1301-08 



1301-10 



1301-17 



1301-18 



a sum equivalent to the expenditures 
from this item shall be transferred to the 
General Fund from receipts from the in- 
come tax ...... 

Total 

Division of Accounts: 

For personal services, including not more 
than one hundred and eighteen perma- 
nent positions, partly chargeable to item 
1203-11, and for expenses 

For services and expenses of auditing and in- 
stalling systems of municipal accounts, the 
cost of which is to be assessed upon the 
municipalities for which the work is done 

For the expenses of certain books, forms 
and other material, which may be sold to 
cities and towns requiring the same for 
maintaining their system of accounts 

For the administrative expenses of the 
county personnel board, including not 
more than six permanent positions . 

Total 

Appellate Tax Board: 
For personal services and expenses of the 
members of the board and employees, 
including not more than twenty-eight 
permanent positions .... 

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 certi- 
fied by the commissioner of corporations 
and taxation for the calendar year nine- 
teen hundred and forty-nine, and for the 
reimbursement of certain towns as au- 
thorized by section seventeen B of chapter 
fifty-eight of the General Laws 



Service of the Department of Education. 

For the salary of the commissioner 

For personal services and expenses, including 
not more than sixty permanent positions 

For printing school registers and other school 
blanks for cities and towns 

For expenses of holding teachers' institutes . 

For aid to certain pupils in state teachers' 
colleges, under the direction of the depart- 
ment of education .... 

For the maintenance and operation of the 
state building on Newbury street, Boston, 
including not more than four permanent 
positions ...... 

For expenses in connection with the National 
Education Association Convention to be 
held in Boston during the fiscal year nine- 
teen hundred and fifty .... 

For personal services and other expenses re- 
quired for the operation of an agency for 
surplus property ..... 



$274,675 00 
$2,054,110 00 

$477,285 00 
49,600 00 

40,000 00 

13,350 00 
$580,235 00 



$143,294 00 



$250,000 00 


$11,000 00 


232,762 00 


6,000 00 
1,500 00 


4,000 00 


26,430 00 


2,500 00 


13,650 00 



238 



Acts, 1949. — Chap. 307. 



Item 
1301-19 



1301-20 



1301-21 



1301-22 



1301-25 
1301-26 

1301-27 



1301-31 



1301-32 
1301-33 



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 

For personal services and expenses of the 
Board of Education, as authorized by chap- 
ter six hundred and fifty-two of the acts of 
nineteen hundred and forty-seven, and 
including not more than two permanent 
positions 7 810 00 

For personal services and expenses of the 
school building assistance commission, as 
authorized by chapter six hundred and 
forty-five of the acts of nineteen hundred 
and forty-eight 56,979 00 

For personal services and expenses in con- 
nection with the federal communitj' school 
lunch program so called; provided, that 
notwithstanding any other provision of 
law, persons employed hereunder shall not 
be subject to the civil service laws or the 
rules and regulations made thereunder, nor 
to the laws regarding pensions and retire- 
ment, but their employtnent and salary 
rates shall be subject to the appro\'al of 
the division of personnel and stamiardiza- 
tion 67,320 00 

For expenses of the Board of Collegiate Au- 
thonty, as authorized by section three A 
of chapter fifteen of the General Laws . 1.500 00 

For the cost of preparation printing and dis- 
tribution of courses of study for elemen- 
tary grades in certain subjects, including 
science to be in addition to any amount 
heretofore appropriated for the purpose . 1,500 00 

For personal ser\aces and expenses of a sum- 
mer school to be conducted at Hyannis or 
elsewhere, with the approval of the com- 
missioner of education .... 6,320 00 

Total $459,280 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 f)ermanent positions, 
to be in addition to any amount heretofore 
appropriated for the purpose . . . $41,936 00 

Division of Vocational Rehabilitation: 

For the expenses of promotion of vocational 
rehabilitation in co-operation with the 
federal government .... $100,000 00 

For aid to certain persons receiving instruc- 
tion in the courses for vocational rehabili- 
tation, as authorized by section twenty- 
two B of chapter seventy-four of the 
General Laws 10,000 00 

Total $110,000 00 



Acts, 1949. — Chap. 307. 



239 



Item 
1301-41 



1301-51 



1301-52 
1301-53 



1301-54 

1301-55 
1301-56 



1301-61 



1301-64 



1302-01 



1303-01 



1304-01 



Education of deal a!u! blind pupils: 
For the education of deaf and blind pupils of 
the commonweaith, as provided by section 
twenty-six of chapter sixty-nine of the Gen- 
era! Laws $584,684 00 

Reimbursement and aid: 
For assisting small towns in providing them- 
selves with school superintendents, as pro- 
vided by law $95,000 00 

This item omitted. 

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; provided, that 

a sum equivalent to the expenditures under 

this item be transferred to the General 

Fund from the receipts of the income tax 1,400,000 00 
For the reimbursement of certain cities and 

towns for a part of the expenses of main- 

ttrining agricultural and industrial voca- 
tional schools, as provided by law . . 2,792,193 00 
For reimbursement of certain cities and towns 

for adult English-speaking classes . . 75,000 00 

For reimbursement of certain cities and towns 

for part of the cost of construction of school 

projects, as authorized by chapter six him- 

dred and forty-five of the acts of nineteen 

hundred and forty-eight; provided, that 

a sum equivalent to the expenditures under 

this item be transferred to the General 

Fund from the receipts of the income tax 600,000 00 

Total $4,962,193 00 

University Extension Courses: 
For personal services and expenses, including 
not more than forty-seven permanent 
positions; provided, that the comptroller 
shall transfer to the General Fund the sum 
ot one hundred and fifty-six thousand dol- 
lars from the Veterans' Services Fund . $312,045 00 

English-speaking classes for adults: 
For personal services and expenses of adminis- 
tration, including not more than two 
permanent positions .... $9,425 00 

Division of Immigration and Americaniza- 
tion : 
For personal services and expenses, including 
not more than nineteen permanent posi- 
tions S64,825 00 

Division of Public Libraries: 
For personal services and expenses, including 
not more than eighteen permanent posi- 
tions, and for the purchase of books and 
other publications, and for the cost of bind- 
ing and rebinding; provided, that contracts 
or orders for such work shall not be subject 
to the restrictions prescribed by section 
one of chapter five of the General Laws . $70,965 00 

Division of the Blind: 
For general administration, furnishing in- 
formation, industrial and educational aid. 



240 



Acts, 1949. — Chap. 307. 



Item 

and for carrying out certain provisions of 
the laws establishing said division, includ- 
ing not more than twenty-six permanent 
positions $87,355 00 

1304-06 For instruction of the adult blind in their 
homes, including not more than fourteen 
permanent positions .... 34,400 00 

1304-08 For aiding the adult bUnd, subject to the 
conditions provided by law, including the 
cost of certain medical assistance and sup- 
plies 619,660 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 . 35,000 00 

1304-11 For personal services and other expenses in 
connection with the operation of local 
shops, including not more than eight 
permanent positions .... 112,596 00 

1304-13 For personal services and other expenses in 
connection with the operation of the Wool- 
son House industries, including not more 
than two permanent positions . . 66,175 00 

1304-15 For the operation of the salesroom and other 
expenses in connection with the sale of 
materials made by bUnd persons, including 
not more than two permanent positions . 27,690 00 

1304-16 For personal services and other expenses in 
connection with the operation of certain 
industries for men, including not more 
than seven permanent positions . . 262,640 00 

» 

Total $1,246,606 00 



Reimbursement : 
1304-27 For expenses of providing sight-saving 
classes, with the approval of said division 



$20,000 00 



Special : 
1304-28 For expenses of promotion of vocational re- 
habilitation in co-operation with the fed- 
eral government ..... 



$15,000 00 



Teachers' Retirement Board: 
1305-01 For personal services and expenses, including 
not more than twenty-four permanent 

positions $69,295 00 

1305-08 For the payment of the commonwealth's 
share in financing the teachers' retirement 
system, as provided by chapter six hundred 
and fifty-eight of the acts of nineteen hun- 
dred and forty-five .... 3,890,000 00 

Total $3,959,296 00 

Reimbursement : 
1305-04 For reimbursement of certain cities and towns 

for pensions to retired teachers . . $625,000 00 

Massachusetts Maritime Academy: 
1306-01 For personal services and expenses of admin- 
istration, including not more than two per- 
manent positions . . . , . $8,224 00 



Acts, 1949. — CnAr. 307. 



241 



Item 
1306-10 



1307-00 



1307-21 



1307-32 
1307-33 
1308-00 



1308-21 
1309-00 

1309-21 
1311-00 

1312-00 

1312-21 

1312-32 
1312-33 



For the maintenance of the academy and 
ship, including not more than fifty-six 
permanent positions, with the approval of 
the commissioner of education . . $338,425 00 

Total $346,649 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 : 

State teachers' college at Bridgewater, in- 
cluding not more than sixty-six permanent 
positions; provided, that the comptroller 
shall transfer to the General Fund the sum 
of thirty-four thousand four hundred and 
forty dollars from the Veterans' Services 
Fund ....... $312,950 00 

State teachers' college at Bridgew ater, board- 
ing hall, including not more than thirty- 
two permanent positions . . . 132,790 00 

Tills item omitted. 

This item omitted. 

State teachers' college at Fitchburg, includ- 
ing not more than sixty-four permanent 
positions; provided, that the comptroller 
shall tran.sfer to the General Fund the sum 
of one hundred and eight thousand four 
hundred dollars from the Veterans' Serv- 
ices Fund 318,790 00 

State teachers' college at Fitchburg, board- 
ing hall, including not more than ten 
permanent positions .... 77,380 00 

State teachers' college at Framingham, in- 
cluding not more than sixty-six permanent 
positions; provided, that the comptroller 
shall transfer to the General Fund the sum 
of two thousand seven hundred and sixty 
dollars from the Veterans' Services Fund . 250,395 00 

State teachers' college at Framingham, board- 
ing hall, including not more than thirty- 
two permanent positions ... 1 16,460 00 

State teachers' college at Lowell, including 
not more than thirty-seven permanent 
positions; piovided, that the comptroller 
shall transfer to the General Fund the sum 
of eleven thousand six hundred and sixty 
dollars from the Veterans' Services Fund . 129,565 00 

State teachers' college at North Adams, in- 
cluding not more than twenty-eight perma- 
nent positions; provided, that the comp- 
troller shall transfer to the General Fund 
the sum of thirty thousand six hundred 
dollars from the Veterans' Services Fund . 118,130 00 

State teachers' college at North Adams, 
boarding hall, including not more than 
four permanent positions . . . 17,325 00 

Special : 
For certain repointing and masonry repairs 
to buildings 5,000 00 



Special: 
For certain rewiring 



3,000 00 



242 



Acts, 1949. — Chap. 307. 



Item 
1312-34 



1312-35 
1313-00 



1313-37 
1314-00 



Special: 
For the renovation of roofs 

Special : 

For certain exterior painting 

State teachers' college at Salem, including 
not more than fifty permanent positions; 
provided, that the comptroller shall trans- 
fer to the General Fund the sum of twenty- 
five thousand seven hundred and sixty- 
seven dollars from the Veterans' Services 
Fund 

Special : 

For the resurfacing of tennis courts 

State teachers' college at Westfield, including 
not more than thirty-one permanent posi- 
tions; provided, that the comptroller shall 
transfer to the General Fund the sum of 
twenty-nine thousand four hundred and 
sixty dollars from the Veterans' Services 
Fund 

State teachers' college at Westfield, boarding 
hall, including not more than two perma- 
nent positions ..... 

State teachers' college at Worcester, includ- 
ing not more than forty-two permanent 
positions; provided, that the comptroller 
shall transfer to the General Fund the sum 
of nineteen thousand four hundred and 
twenty-five dollars from the Veterans' 
Services Fimd ..... 

Massachusetts School of Art, includmg not 
more than twenty-eight permanent posi- 
tions; provided, that the comptroller shall 
transfer to the General Fund the sum of 
forty-three thousand four hundred and 
forty-five dollars from the Veterans' Serv- 
ices Fund ...... 



Special : 
1321-22 For the repair and replacement of certain 
steam lines ...... 

Total 

Textile Institutes: 

1331-00 For the maintenance of the Bradford Durfee 
technical institute of Fall River, with the 
approval of the commissioner of education 
and the trustees, including not more than 
twenty-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-nine; provided, that the comptroller 
shall transfer to the General Fund the sum 
of sixty-two thousand nine hundred and 
twenty-five dollars from the Veterans' 
Services Fund ..... 

1332-00 For the maintenance of the Lowell textile 
institute, with the approval of the commis- 
sioner of education and the trustees, includ- 



1314-21 
1315-00 

1321-00 



$15,000 00 
10,000 00 

197,630 00 
6,000 00 

111,755 00 
5,510 00 

146,055 00 

183,320 00 

15,000 00 
$2,172,055 00 



$174,310 00 



Acts, 1949. — Chap. 307. 



243 



Itam 

ing not more than ninety-one 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-nine; provided, that 
the comptroller shall transfer to the Gen- 
eral Fund the sum of one hundred and 
eighty-four thousand eight hundred and 
thirty-six dollars from the Veterans' Serv- 
ices Fund $581,300 00 

Special: 

1332-37 For expenses in connection with a research 
project for which the commonwealth will 
be fully reimbursed by the United States 
Department of Agriculture, under a con- 
tract approved by the commission on ad- 
ministration and finance, entitled "Im- 
provement of Cotton Warp Yams for 
Carpets" $25,000 00 

1333-00 For the maintenance of the New Bedford tex- 
tile institute, with the approval of the com- 
missioner of education and the trustees, in- 
cluding not more than thirty-three perma- 
nent 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 nine- 
teen hundred and forty-nine; provided, 
that the comptroller shall transfer to the 
General Fund the sum of ninety-eight 
thousand nine hundred dollars from the 
Veterans' Services Fund . . . 180,095 00 

1333-39 This item omitted. 

Total $960,705 00 

University of Massachusetts: 
1341-00 For the maintenance of the University of 
Massachusetts, with the approval of the 
trustees, including not more than seven 
himdred and seventy-two permanent posi- 
tions; provided, that the comptroller shall 
transfer to the General Fund the sum of 
one million eight hundred and thirty-six 
thousand three hundred dollars from the 
Veterans' Services Fund; and from the 
amount herein appropriated sums not ex- 
ceeding in the aggregate five hundred dol- 
lars are hereby authorized to be expended 
for experimental purposes in connection 
with the cultivation of beach plums, as 
authorized by chapter five hundred and 
thirty-four of the acts of nineteen hundred 
and forty-one $4,338,715 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 com- 
mission $21,000 00 



244 



Acts. 1949. — Chap. 307. 



Item 
1402-02 



1402-21 



1403-01 
1403-02 



1404-01 



I40r,"01 



1405-03 



For other, personal services and expenses of 
the division, including not more than one 
hundred and seventy-one permanent po- 
sitions; provided, that the comptroller 
shall transfer to the General Fund the sum 
of eighty-four thousand forty dollars from 
the Highway Fund .... $504,250 00 

For expenses of hearings as authorized by 
section one of chapter six hundred and 
sixty-seven of the acts of nineteen hun- 
dred and forty-five .... 1,000 00 

Total $526,250 00 

Division of Registration: 
For the salary of the director . . . $3,400 00 

For personal services and expenses of the 

division, including not more than forty-one 

permanent positions .... 146,955 00 

Board of Registration in Medicine: 
For personal services and expenses of the 
members of the board, including not more 
than seven permanent positions . . 6,800 00 

Board of Dental Examiners: 
For personal services and expenses of the 

members of the board, including not more 

than five permanent positions, and for the 

enforcement of the registration law . . 4,900 00 

This item included in item 1405-01. 



Board of Registration in Chiropody: 
1406-01 For personal services and expenses of mem- 
bers of the board, including not more than 
five permanent positions . . . . 1,200 00 

Board of Registration in Pharmacy : 
1407-01 For personal services of members of the 
board, including not more than five per- 
manent positions . . . . . 4,300 00 
1407-02 For personal services of agents and investi- 
gators, including not more than four per- 
manent positions ..... 18,324 00 

Board of Registration of Nurses: 
1408-01 For personal services and expenses of the 
members of the board, and of the appoin- 
tive members of the approving authority, 
including not more than ten permanent 
positions 4,410 00 

Board of Registration in Embalming and 
Funeral Directing: 

1409-01 For personal services and expenses of mem- 
bers of the board, including not more than 
three permanent positions . . . 6,400 00 

1409-03 This item omitted. 

Board of Registration in Optometry: 
1410-01 For personal services and expenses of mem- 
bers of the board, including not more than 
five permanent positions .... 2,260 00 



Acts, 1949. — Chap. 307. 



245 



Item 

Board of Registration in Veterinary Medi- 
cine: 
1411-01 For personal services and expenses of mem- 
bers of the board, including not more than 
five permanent positions .... $2,265 00 

Board of Registration of Professional En- 
gineers and of Land Surveyors: 
1412-01 For travel and other necessary expenses . 4,210 00 

Board of Registration of Architects: 
1413-01 For personal services and expenses of mem- 
bers of the board, including not more than 
five permanent positions .... 3,470 00 

Board of Registration of Certified Public 
Accountants : 
1414-01 For personal services and expenses of mem- 
bers of the board, including not more than 
five permanent positions .... 7,535 00 

State Examiners of Electricians: 
1416-01 For personal services and traveling expenses 
of members of the board, including not 
more than two permanent positions . . 5,900 00 

State Examiners of Plumbers : 
1417-01 For personal services and traveling expenses 
of members of the board, including not 
more than three permanent positions . 3,650 00 

Board of Registration of Barbers: 
1420-01 For personal services and expenses of mem- 
bers of the board and assistants, including 
not more than eight permanent positions . 29,607 00 

Board of Registration of Hairdressers: 
1421-01 For personal services and expenses of mem- 
bers of the board and assistants, including 
not more than seventeen permanent po- 
sitions 53,375 00 

Total $309,011 00 



1501-01 



1501-02 



1501-05 



1501-21 



Service of the Department of Industrial Accidents. 

For personal services of members of the board, 

including not more than nine permanent 

positions $63,500 00 

For other persona! ser\'ices and expenses, 

including not more than one hundred and 

twenty-five permanent positions . . 383,135 00 

For expenses of impartial examinations for 

the year nineteen hundred and fifty and the 

previous year ..... 60,000 00 



Total $506,635 00 

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 $20,835 00 



246 



Acts, 1949. — Chap. 307. 



Item 

1601-01 
1601-02 
1601-31 
1601^1 
1601-51 
1601-53 



1601-61 



1601-71 



1601-81 



Service of the Department of Labor and Industries. 

For personal services and expenses of general 
administration, including not more than 
ten permanent positions .... $47,490 00 

For personal ser\ices and expenses of the in- 
spectional services, including not more than 
seventy-three permanent positions . . 281,920 00 

For personal services and expenses of the 
division of occupational hygiene, including 
not more than ten permanent positions . 40,140 00 

For personal services and expenses of the 
statistical service, including not more than 
thirty-six permanent positions . . . 112,040 00 

For personal services and expenses of the 
division on necessaries of life, including not 
more than five permanent positions . 16,695 00 

For personal services and other expenses in 
administering sections two hundred and 
ninety-five A to two himdred and ninety- 
five O, inclusive, of chapter ninety-four of 
the General Laws, relating to the advertis- 
ing and sale of motor fuel at retail, includ- 
ing not more than twelve permanent posi- 
tions . 42,810 00 

For personal services and expenses of the 
board of conciliation and arbitration, in- 
cluding not more than ten permanent posi- 
tions 55,230 00 

For personal services and expenses of the 
minimum wage service, including com- 
pensation and expenses of wage boards, 
and including not more than twenty-eight 
permanent positions .... 95,545 00 

For personal services and expenses for the 
division of standards, including not more 
than seventeen permanent positions . 65,950 00 



Total 



$757,720 00 



Massachusetts Development and Indus- 
trial Commission: 
1603-01 For personal services and expenses, and for 
the promotion and development of the 
industrial, agricultural and recreational 
resources of the commonwealth, including 
not more than twelve permanent positions 



$216,045 00 



Labor Relations Commission : 
1604-01 For personal services and administrative ex- 
penses, including not more than twenty 
permanent positions .... 



$87,065 00 



Service of the Department of Mental Health. 

1701-01 For the salary of the commissioner . . $12,000 00 

1701-02 For personal services and expenses, including 
not more than ninety-two permanent posi- 
tions, and including transportation, medi- 
cal examinations and boarding out of pa- 
tients and certain feeble-minded persons . 462,625 GO 



Total 



$474,625 00 



Acts, 1949. — Chap. 307. 



247 



Item 
1702-00 



1710-00 
1711-00 
1712-00 
1713-00 
1714-00 
1715-00 
1716-00 
1717-00 
1718-00 
1719-00 
1720-00 
1721-00 
1722-00 
1723-00 



1723-21 
1724-00 



1724-22 
1725-00 



1725-27 
1726-00 



Division of Mental Hygiene: 
For personal services and expenses, including 
not more tlian sixty-nine permanent posi- 
tions $241,630 00 

For the maintenance of and for certain im- 
provements at the following institutions 
under the control of the Department of 
Mental Health: 

Boston psychopathic hospital, including not 
more than one himdred and eighty-three 
permanent positions .... $631,090 GO 

Boston state hospital, including not more 
than seven hundred and seventy permanent 
positions 2,717,610 00 

Danvers state h(jspital, including not more 
than six himdred and fifty-six permanent 
positions . . . . . . 2,082,855 00 

Foxborough state hospital, including not 
more than three hundred and eighty-nine 
permanent positions .... 1,290,601 00 

Gardner state hospital, including not more 
than three hundred and ninety-three 
permanent positions .... 1,293,095 00 

Grafton state hospital, including not more 
than five hundred and twenty-three perma- 
nent positions ..... 1,710,770 00 

Medfield state hospital, including not more 
than five hundred and twenty-eight perma- 
nent positions 1,694,970 00 

Metropohtan state hospital, including not 
more than four hundred and eighty-seven 
permanent positions .... 1,710,670 00 

Northampton state hospital, including not 
more than five hundred and sixteen perma- 
nent positions . . . . . 1,806,960 00 

Taunton state hospital, including not more 
than five hundred and thirty-seven per- 
manent positions ..... 1,786,940 00 

Westborough state hospital, including not 
more than four hundred and eighty-two 
permanent positions .... 1,597,470 00 

Worcester state hospital, including not more 
than six hundred and eighty-three per- 
manent positions ..... 2,366,517 00 

Monson state hospital, including not more 
than four hundred and fifty-seven perma- 
nent positions ..... 1,512,826 00 

Belchertown state school, including not more 
than three hundred and fifty-one perma- 
nent positions 1,220,320 UO 

This item postponed. 

Walter E. Fernald state school, including not 
more than five hundred and tliirty-seven 
permanent positions .... 1,820,376 00 

This item postponed. 

Wrentham state school, including not more 
than four hundred and forty-two perma- 
nent positions ..... 1,538,190 00 

This item postponed. 

State school at Camp Myles Standish, so- 
called, including not more than two hun- 
dred and forty-four permanent positions . 913,560 00 

Total $27,694,820 00 



248 



Acts, 1949. — Chap. 307. 



Item 
1801-01 
1801-02 



1801-08 



1801-21 



1802-00 
1803-00 
1805-00 
180a-00 
1807-00 



Service of the Deparlment of Correction. 

For the salary of the comniistiioner 
For personal services and expenses, including 
not more than twentj'-five permanent po- 
sitions ....... 

Total 

Division of Classification of Prisoners: 
For expenses of the division hereby author- 
ized, including not more than eleven per- 
manent positions; provided, that the per- 
sons employed hereunder shall not be sub- 
ject to civil service laws or the rules and 
regulations made thereunder . 

Parole Board: 
For personal services and expenses, includ- 
ing not more than forty-three permanent 
positions ...... 

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 po- 
sitions ....... 

State prison, including not more than one 
hmadred and fifty-seven permanent po- 
sitions ....... 

Massachusetts reformatory, including not 
more than two hundred and one permanent 
positions ...... 

Reformatory for women, including not more 
than one hundred and twenty permanent 
positions ...... 

State prison colony, including not more than 
two hundred and twenty-three permanent 
positions ...... 



$8,000 00 

93,400 00 
$101,400 00 



$36,880 00 



$168,385 00 



Total 



1,861,890 00 

726,765 00 

934,040 00 

525,530 00 

980,480 00 
. $5,028,705 00 



1901-01 
1901-02 



1901-22 



Service of the Departmenl 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 po- 
sitions 123,710 00 

Total $131,710 00 

Special : 
For personal services and expenses in con- 
nection with the federal program for dis- 
tribution of surplus commodities; pro- 
vided, that notwithstanding any other 
provision of law persons employed here- 
under shall not be subject to the civil serv- 
ice laws or the rules and regulations made 
thereunder, nor to the laws regarding 
pensions and retirement, but their employ- 
ment and salary rates shall be subject to 
approval of the division of personnel and 
standardization $10,105 00 



Acts, 1949. — Chap. 307. 



249 



Item 



1904-01 



1906-01 



1906-03 



1907-01 



Division of Aid and Relief: 
For personal services and expenses, including 
not more than one hundred and three per- 
manent positions $300,740 00 

Division of Child Guardianship: 
For personal services and expenses, including 

not more than two hundred and seven 

permanent positions . . . . $611,300 00 

For the care and maintenance of children, 

including not more than two permanent 

positions 2,999,690 00 

Total $3,610,990 00 

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 tliirtieth, nine- 
teen hundred "and forty-nine . . . $420,000 00 



The following items are for reimbursement 
of cities and towns, and are to be in addi- 
tion to any unexpended balances of 
appropriations heretofore made for the 
purpose: 

1907-05 For the payment of suitable aid to certain 

dependent children .... $4,574,128 00 

1907-07 For the burial by cities and towns of indigent 

persons who have no legal settlement . 22,000 00 

1907-08 For expenses in connection with smallpox 
and other diseases dangerous to the public 
health . . . . . . . 209,000 00 

1907-09 For the support of sick indigent persons who 

have no legal settlement . . . 400,000 00 

1907-10 For temporary aid given by cities and towns 
to indigent persons with no legal settle- 
ment, and to shipwrecked seamen, and for 
the transportation of indigent persons 
under the charge of the department . 2,468,000 00 

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 ..... 116,653 65 

Total $7,789,781 65 

Division of Juvenile Training, Trustees of 
Massachusetts Training Schools: 
1908-01 This item included in item 0446-01. 
1908-11 This item included in item 0446-01. 
1908-31 This item included in item 0446-01. 
1908-40 See item 0446-20. 
1915-00 See item 0446-40. 
1916-00 See item 0446-60. 
1917-00 See item 0446-80. 



Massachusetts hospital school : 
1918-00 For the maintenance of the Massachusetts 
hospital school, including not more than 
one hundred and eighty-one permanent 
positions ...... 



$654,915 00 



250 



Acts, 1949. —Chap. 307. 



Item 



1919-00 



Tewksbury state hospital and infirmary: 
For the maintenance of the Tewksbury state 
hospital and infirmary, including not more 
than six hundred and ninety-nine perma- 
nent positions ..... 



,313,502 00 



Service of the Department of Pvblie Health. 

Administration : 
2001-01 For the salary of the conunissioner . . $10,000 00 
2001-02 For personal services of the health council 
and office assistants, and for expenses, in- 
cluding not more than twenty-seven per- 
manent positions ..... 84,580 00 



Division of Local Health Administration: 
2002-01 For personal services of the director and 
assistants, and district health officers, and 
for expenses, including not more than 
thirty-three permanent positions 



149,275 00 



Division of Cancer and Chronic Diseases: 
2003-01 For personal services and expenses, includ- 
ing not more than seventeen permanent 
positions ...... 



108,516 00 



Divnsion of Maternal and Child Health : 
2004-01 For personal services and expenses, includ- 
ing not more than twenty-two permanent 
positions ...... 



86,660 00 



Division of Communicable Diseases: 
2005-01 For personal services of the director, epi- 
demiologists, bacteriologists, and assistants 
in the diagnostic laboratory and the Was- 
sermann laboratory, and for expenses, 
including not more than thirty-nine perma- 
nent positions ..... 



133,450 00 



Venereal Diseases: 

2006-01 For personal services for the control of ve- 
nereal diseases, including not more than 
eight permanent positions . . . 26,415 00 

2006-02 For services other than personal, traveUng 
expenses, office suppHes and equipment, 
including 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 six dollars and fifty cents per 
diem 264,800 00 



Division of Biologic Laboratories: 
2007-07 For personal services and expenses in the 
investigation and production of antitoxin 
and vaccine lymph and other specific ma- 
terial for inoculation, diagnosis and treat- 
ment, including not more than forty-six 
permanent positions .... 



162,620 00 



Acts, 1949. — Chap. 307. 



251 



Item 

2008-11 



2009-01 



2010-01 



2012-01 



For personal services and expenses for a 
program for the production and utilization 
of blood plasma and other products de- 
rived from blood, including not more than 
thirty-four permanent positions; provided, 
that no charge shall be made for said prod- 
ucts $407,060 00 

Dental Health: 
For personal services and expenses of the 
division, including not more than six 
permanent positions .... 33,925 00 

Division of Hospital Inspection and Sur- 
vey: 
For personal services and expenses, including 

not more than ten permanent positions . 60,780 00 

Inspection of Food and Drugs: 
For personal services of the director, analysts, 
inspectors and other assistants, and for ex- 
penses, including not more than thirty-two 
permanent positions .... 122,700 00 



Division of Sanitary Engineering: 
2015-01 For personal services of the director, 
engineers, chemists, clerks and other 
assistants, including personal services for 
administering the law relative to shellfish, 
and for expenses, including not more than 
fifty-five permanent positions . 

Total 



234,450 00 
$1,885,230 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 



$116,705 00 



2020-03 For expenses of hospitalization of certain 
patients suffering from chronic rheu- 
matism, as authorized by section one 
hundred and sixteen A of chapter one 
hundred and eleven of the General Laws . 73,000 00 

2020-11 To cover the payment of certain subsidies 
for the maintenance of hospitals for 
tubercular patients .... 365,000 00 

Total $554,705 00 



For the maintenance of and for certain 
improvements at the sanatoria, as 
follows: 

2022-00 Lakeville state sanatorium, including not 
more than two hundred and forty-two 
permanent positions .... $751,490 00 

2023-00 North Reading state sanatorium, including 
not more than two hundred and sixteen 
permanent positions .... 634,058 00 

2024-00 Rutland state sanatorium, including not 
more than two hundred and sixty-nine 
permanent positions .... 847,351 00 



252 



Acts, 1949. — Chap. 307. 



Item 
2025-00 



2031-00 



Westfield state sanatorium, including not 
more than two hundred and eighty-six 
permanent positions .... $973,652 00 

Total ?3,206,551 00 

Pondville Hospital : 
For maintenance of the Pondville hospital, 
including care of radium, and including 
not more than two hundred and thirty- 
five permanent positions .... $684,571 00 



Service of the Department oj Public Safety. 

Administration : 
2101-01 For the salary of the commissioner . . $8,000 00 

2101-02 For personal services and expenses, includ- 
ing not more than eighty-four permanent 
positions . . I . . . 264,800 00 

Total $272,800 00 



Division of State Police: 
2102-04 For expert assistance to the commissioner, 
and for maintenance of laboratories, in- 
cluding not more than nine permanent 
positions ...... 



$41,850 00 



Fire Prevention .Service: 
2103-01 For personal services and expenses, including 
not more than twenty-one permanent 
positions ...... 



$110,656 00 



Division of Inspection: 

2104-01 For personal services and expenses, including 

not more than one permanent position . $7,710 00 

2104-11 For personal services of officers for the build- 
ing inspection ser\nce, and for expenses, 
including not more than thirty-three 
permanent positions .... ].'")0,175 00 

2104-21 For personal services of officers for the boiler 
inspection service, and for expenses, in- 
cluding not more than twenty-six per- 
manent positions ..... 120,550 00 



Board of Boiler Rules: 
2104-31 For personal services and expenses, including 
not more than four permanent positions . 

Total 



2,815 00 



$281,250 00 



State Boxing Commission : 
2105-11 For personal services and expen.ses, including 
not more than five permanent positions . 



$18,685 00 



Board of Standards: 
2106-01 For personal services and expenses of the 
board, including not more than seven 
permanent positions .... 



$6,000 00 



Acts, 1949. — Chap. 307. 



253 



Item 

2107-01 



Board of Elevator Regulations: 
For personal services and expenses of the 
board, as authorized by chapter six 
hundred and forty-three of the acts of nine- 
teen hundred and forty-five, including not 
more than seven permanent positions 



$6,250 00 



Board of Fire Prevention Regulations: 
2108-01 For personal ser\dces 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 . 



$6,375 00 



Service of the Department of Public Works. 

Functions of the department relating to 
waterways and public lands: 

2202-03 For personal services of the director, cliief 
engineer and assistants, and for expenses, 
including not more than sixty-one perma- 
nent positions; provided, that an amount 
equal to the expenditures for personal 
services properly chargeable to item 2202- 
05, as certified by the director of the divi- 
sion of waterways, shall be credited to the 
General Fund as revenue . . . $197,025 00 

2202-05 For the improvement, development, main- 
tenance and protection of rivers and har- 
bors, tidewaters and iforeshores 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 prelinunar\' plans for projects 
proposed to be undertaken hereunder, and 
any unexpended balance of the appropria- 
tion for these purposes remaining on June 
thirtieth, nineteen hundred and forty-nine 
may be expended in the succeeding fiscal 
year; provided, that all other expendi- 
tures for work vnidertaken hereunder, in- 
cluding the cost of engineering during 
construction, shall be upon condition that 
at least fifty per cent of the cost is covered 
by contributions 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 . 150,000 00 

2202-06 For the maintenance and repair of certain 
property in the town of Plymouth, includ- 
ing not more than two permanent positions 6,140 00 

2202-07 For the operation and maintenance of the 
New Bedford state pier, including not 
more than nine permanent positions . 21,000 00 

2202-20 For the care and maintenance of the province 
lands and of the lands acquired and struc- 
tures erected by the Provincetown ter- 
centenary commission, including not more 
than five permanent positions . . . 12,660 00 

2202-21 For the compensation of dumping inspectors 1,000 00 



254 



Acts, 1949. — Chap. 307. 



Item 
2202-22 



2202-23 



For re-establislung and permanently marking 

certain triangulation points and stations, 

as required by order of the land court in 

accordance with section thirty-t;.:c:e of 

chapter ninety-one of the General I ;a>vs . $1,000 00 

For expenses of surveying certain town 

boundaries, by the department of public 

works 300 00 

Total $389,125 00 



Service of the Department of Public Utilities. 

2301-01 For personal services of the commissioners, 
including not more than five permanent 
positions $41,000 00 

2301-02 For personal services and expenses, including 
not more than seventy-one permanent 
positions 276,015 00 

Total $317,015 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 
expenses of permanent employees shall be 
charged to this item .... $12,530 DO 

2301-10 This item omitted. 

Commercial Motor Vehicle Division: 
2304-01 For personal services and expenses, including 
not more than thirty-one permanent po- 
sitions $114,382 00 

Sale of Securities: 
2308-01 For personal services and expenses, including 

not more than nine permanent positions . $30,802 00 



Interest on the Public Debt. 

2410-00 For the payment of interest on the direct 
debt of the commonwealth, for the year 
nineteen hundred and fifty and previous 
years, to be in addition to the amounts 
appropriated in items 2951-00, 3180-02 
and 3590-02, and to be in addition to any 
amounts heretofore appropriated for the 
purpose ...... 



$565,140 00 



2420-00 



2601-01 
2501-02 



2805-01 



Requirements for Extinguishing the State Debt. 

For certain serial bonds maturing during the 
year nineteen hundred and fifty, to be in 
addition to the amounts appropriated in 
items 2952-00, 3180-01 and 3590-03 . $3,265,000 GO 



Unclassified Accounts and Claims. 

For the payment of certain annuities and 
pensions of soldiers and others under the 
provisions of certain acts and resolves . 



$18,000 00 



Acts, 1949. — Chap. 307. 



265 



Item 
2805-02 



2811-02 

2811-03 
2820-02 

2820-04 



2820-06 



For payment of any claims, as authorized by 
section eiglity-nine of chapter thirty-two 
of the General Laws, for allowances to the 
families of certain employees killed or fa- 
tally injured in the discharge of their duties $15,000 00 

For the compensation of veterans who may 
be retired by the governor under the pro- 
visions of sections fifty-six to fifty-nine, in- 
clusive, of chapter thirty-two of the Gen- 
eral Laws . . . . . . 475,000 00 

For the compensation of certain prison officers 
and instructors formerly in the service of 
the commonwealth, now retired . . 66,000 00 

For small items of expenditure for which no 
appropriations have been made, and for 
cases in which approptiations have been 
exhausted or have reverted to the treasury 
in previous years ..... 10,000 GO 

For the compensation of certain public em- 
ployees for injuries sustained in the course 
of their employment, for the year nineteen 
himdred and fifty and for previous years, 
as provided by section sixty-nine of chap- 
ter one hundred and fifty-two of the Gen- 
eral Laws; provided, that the comptroller 
shall transfer to the General Fund the sum 
of forty thousand dollars from the Highway 
Fund 160,000 00 

For reimbursement of persons for funds pre- 
viously deposited in the treasury of the 
commonwealth and escheated to the com- 
monwealth 5,000 00 

Total $749,000 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. Motor vehicles 
purchased under this item are to be allo- 
cated, with the approval of the commission 
on administration and finance, to the vari- 
ous departments and agencies of the com- 
monwealth, and transfers of the sums re- 
quired for said purchases are to be author- 
ized by said commission from the amount 
herein appropriated to appropriations made 
for the services of said departments and 
agencies . . . 



$360,000 00 



Rental of State Offices. 

2820-33 For rental of office space outside of the state 
house, including the cost of moving and 
expenses incidental thereto, the sum of ten 
thousand dollars is hereby appropriated 
and made available for transfer, with the 
approval of the commission on administra- 
tion and finance, to appropriations where 
the amounts otherwise available are in- 
sufficient for the purpose 



$10,000 00 



256 



Acts, 1949. — Chap. 307. 



The Following Appropriations are made from the Highway Fund; 



Item 

2900-01 



Service of the Department of Public Works. 

For the salaries of the commissioner, and the 
associate commissioners, including not 
more than three permanent positions 



Functions of the department relating to 
highways: 

2900-02 For personal services and expenses of admin- 
istrative and engineering work performed 
in connection with all highway activities; 
for personal services and expenses of the 
department secretary and department 
business agent; for the payment of dam- 
ages caused by defects in state highways, 
with the approval of the attorney general; 
and of the amount herein appropriated the 
sum of eighty-six dollars and sixty-two 
cents is made available for reimbursement 
of a certain cash advance loss . 

2900-04 For the maintenance and repair of state high- 
ways and bridges, to be in addition to any 
amount heretofore appropriated for the 
purpose, and to include the cost of snow 
and ice control 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 fed- 
eral aid programs; for the cost, not exceed- 
ing seventy-five thousand dollars, of in- 
creasing the inventory held in storerooms 
of the department; and for the payment 
of personal services and expenses in connec- 
tion with the purchase, construction and 
repair of shelters for departmental equip- 
ment and material, the cost of which is less 
than ten thousand dollars for each project 

2900-10 For projects for the construction and recon- 
struction of highways and bridges, includ- 
ing the ehmination of grade crossings, 
which have been approved by the proper 
federal authorities to be included in federal 
aid programs, and for land damages in con- 
nection with such projects; provided, that 
any portion of the sum herein appropriated 
may also be used for said federal aid proj- 
ects in conjunction with city or town fimds, 
to be in addition to any amoimt heretofore 
appropriated for the purpose . 
2900-12 For projects for improving state highways 
and through routes, including bridges, and 
including construction and reconstruction, 
for the year nineteen hundred and fifty and 
the previous year, to be in addition to any 
amounts heretofore appropriated for the 
purpose, 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 construc- 
tion work ; and, upon agreement with city 



$20,500 00 



6,000.000 00 



7,000,000 00 



10,000,000 00 



Acts, 1949. — Chap. 307. 



257 



Item 



2900-17 



2900-18 



2900-45 



or town officials, for construction of needed 
improvements on other through routes not 
designated as state highways and without 
acceptance by the commonwealth of re- 
sponsibility 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 $1,000,000 00 

For projects for the construction and main- 
tenance of town and county ways, as pro- 
vided in subdivision two (a) of section 
thirty-four of chapter ninety of the Gen- 
eral Laws; provided, that amounts appro- 
priated for this purpose in any fiscal year 
shall be available for expenditure in the 
succeeding fiscal year; and, provided fur- 
ther, that not less than three hundred thou- 
sand dollars of the sum herein appropriated 
shall be available for maintenance projects 
on said town and county ways . . 3,000,000 00 

For aiding towns in the repair and improve- 
ment of public ways as provided in section 
twenty-six of chapter eighty-one of the 
General Laws under the terms provided in 
item 2900-18 of section five of chapter six 
hundred and eighty-nine of the acts of nine- 
teen hundred and forty-five . . . 2,080,000 00 

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 twenty-one 
permanent positions .... 95,000 00 



Specials : 

2900-50 ) The existence of the public works stores and 
55 J equipment account, established by items 
2900-50 and 2900-55 of section two of 
chapter sixty-eight of the acts of nineteen 
hundred and forty-three, is hereby con- 
tinued for the year nineteen hundred and 
fifty 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 bundled and fifty shall 
not exceed one milUon one hundred thou- 
sand dollars; and the sum of five hundred 
thousand dollars is hereby appropriated, 
to be in addition to any amounts otherwise 
available for this purpose 

2000-62 For expenses of construction of certain small 
garages; provided, that expenditures for 
such construction shall not be subject to 
the provisions of chapter ninety-two A of 
the General Laws ..... 



500,000 00 



154,000 00 



Public Works Building: 
2900-80 For personal services and expenses of opera- 
tion and maintenance of the public works 
building, including not more than eighty 
permanent positions .... 



300,000 00 



258 



Acts, 1949. — Chap. 307. 



Item 
2961-00 



For the compensation of former employees of 
the department of pubhc works, now re- 
tired, as authorized by chapter four hun- 
dred and three of the acts of nineteen hun- 
dred and forty-eight .... $15,000 00 

Total $30,164,500 00 



Registration of Motor Vehicles: 
2924-01 For personal ser\aces, including not more 
than seven hundred and thirty-seven per- 
manent positions $2,112,240 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 . 644,800 00 
2924-03 For printing and other expenses necessary in 
connection with publicity for certain safety 
work 10,000 00 

Total $2,767,040 00 



Service of the Metropolitan District Commission. 

The following items are to be paid with the 
approval of the Metropolitan District 
Commission : 

2931-00 For personal services and expenses of general 
administration, including not more than 
fifty-eight permanent positions; proiHded, 
that the comptroller shall transfer to the 
Highway Fund the sum of one hundred and 
fifty-one thousand six hundred and sixty 
dollars from the Metropohtan District 
Commission Funds, to be assessed by 
methods fixed by law . . . . $202,210 00 

2931-04 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 anv amount heretofore appropriated 
for the purpose 2,023,000 00 



Special : 

2931-19 For expenses in connection with the water- 
proofing of the metropohtan district com- 
mission building; provided, that the 
comptroller shall transfer to the Highway 
Fund the sum of seven thousand five hun- 
dred dollars from the Metropohtan District 
Commission Funds, to be assessed by 
methods fixed by law .... 

2932-01 For the maintenance of boulevards and 
parkways, including the installation of 
traffic lights and including Bunker Hill and 
the property adjacent, and for the main- 
tenance of parks reservations and the 
Charles River Basin, including the retire- 
ment of veterans under the provi^■ions of 
the General Laws; provided, that the 
comptroller shall transfer to the Highway 



10,000 00 



Acts, 1949. — Chap. 307. 



25^ 



Item 



Fund the sum of eighteen thousand seven 
hundred dollars from the General Fund, 
and the sum of one million four hundred 
and eighty thousand dollars from the 
Metropolitan District Commission Park 
Funds, to be assessed by methods fixed by 
law ....... 

Total . . . ... 



$3,758,725 00 
$5,993,935 00 



Interest on the Public Debt. 

2951-00 For the payment of interest on the direct 
debt of the commonwealth, for the year 
nineteen hundred and fifty and previous 
years, to be in addition to the amounts 
appropriated in items 2410-00, 3180-02 
and 3590-02, and to be in addition to any 
amounts heretofore appropriated for the 
purpose • . 



$1,480 00 



Requirements for Extinguishing ihe State Debt. 

2952-00 For certain serial bonds maturing during the 
year nineteen hundred and fifty, to be in 
addition to the amounts appropriated in 
items 2420-00, 3180-01 and 3590-03 . 



$8,500 00 



2970-04 



2970-05 
2970-11 



2970-12 



2970-15 



Service of the Department of Public Safety. 

Division of State Police: 

For personal services and expenses of the 
division, including not more than four hun- 
dred and ninety permanent positions 

This item included in item 2970-04. 

For the compensation of state police officers 
formerly in the service of the common- 
wealth, now retired .... 

This item included in item 2970-04. 

Total . . . . . 

Special: 
For the completion of certain radio control 
lines ....... 

The comptroller is hereby authorized to 
transfer to the Highway Fund the sum 
of five hundred and fifty thousand 
dollars from the General Fund and 
thirty thousand dollars from the Old Age 
Assistance Fund on account of the above 
five items. 



$2,057,465 00 



55,000 00 



?, 112,465 00 



$36,000 00 



The Following AppROPRiATioNa are made from the Port of 
Boston Fund: 

Port of Boston Authority : 
3140-01 For personal services, including not more 
than fifty-eight permanent positions, and 
other expenses of administration, including 
the cost of advertising and of maintenance 
of certain offices outeide of the common- 



260 



Acts, 1949. — Chap, 307. 



Itam 



3150-01 



3180-01 



3180-02 



wealth and of the cost of engineering; pro- 
vided, that no compensation or expenses of 
consultants for legal services shall be 
chargeable to this item; and provided 
further, that the position of executive 
secretary shall not be subject to the civil 
service laws and regulations made there- 
under $306,790 00 

For personal services, including not more than 
sixty-five 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 280,980 00 

Requirements for Extinguishing the State 
Debt: 
For certain serial bonds maturing during the 
year nineteen hundred and fifty, to be in 
addition to the amovmts appropriated in 
items 2420-00, 2952-00 and 3590-03 . . 505,000 00 

Interest on the Public Debt: 
For the payment of interest on the direct debt 
of the commonwealth, for the year nineteen 
hundred and fifty and previous years, to be 
in addition to the amounts appropriated 
in items 2410-00, 2951-00 and 3590-02, 
and to be in addition to any amounts here- 
tofore appropriated for the purpose . . 158,631 25 

Total $1,251,401 25 



The Following Appropriations are made from the Inland 
Fisheries and Game Fund: 



Service of the Department of Conservation. 

Division of Fisheries and Game: 
3304-01 For personal services and expenses, including 

not more than eleven permanent positions $49,321 00 
3304-06 For expenses of the board, as authorized by 

chapter six hundred and fifty-one of the 

acts of nineteen hundred and forty-eight . 2,500 00 

3304-21 This item included in item 3304-01. 

Propagation of game birds, etc. : 
3304-31 For personal services and expenses at game 
farms and fish hatcheries, including not 
more than twenty-six permanent positions 348,457 00 

3304-35 See item 3304-61. 
3304-41 See item 3304-62. 

Specials: 

3304-42 For the improvement and management of 

lakes, ponds and rivers .... 15,000 00 

3304-43 This item omitted. 

3304-44 For the contribution of the department of 
conservation towards a wild life co-opera- 
tive research project, in accordance with a 
contract with the federal government, to 
be expended by the university of Massa- 
chusetts 6,000 00 



Acts, 1949. — Chap. 307. 



261 



Item 
3304-45 



3304-51 
3304-53 



3304-54 



3304-56 



3304-61 



3304-62 



For expenses of providing for the establish- 
ment and maintenance of pubUc fishing 
grounds; provided, that none of the money 
appropriated under this item shall be used 
for the purchase of land .... $10,000 00 

Division of Wild Life Research and Man- 
agement (It is hereby provided that 
federal funds received as reimbursements 
under the following items are to be 
credited as income to the Inland Fisher- 
ies and Game Fimd) : 
For personal services and expenses, including 

not more than four permanent positions . 40,285 00 

For expenses of establishing and conducting 

co-operative wild hfe 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 . . 116,485 00 

Specials : 
For the cost of certain work in connection 

with the improvement of streams and bird 

cover, including increasing the supply of 

feed for game birds .... 10,000 00 

For consultants and other personal services, 

and for expenses, in connection wath a 

biological survey of the streams and waters 

of the commonwealth, to be made under 

the direction of the commissioner of con- 
servation 12,876 00 

Division of Law Enforcement: 

For the payment of damages caused by wild 
deer and wild moose, for the year nineteen 
hundred and fifty and previous years, as 
provided by law 13,000 00 

For personal services and expenses of super- 
vision of public fishing and hunting grounds 6,200 00 

Total $630,124 00 



The Following Appropriations are payable from the Veterans' 
Services Fund: 

Services of the Adjutant General. 

3504-21 For personal services and other expenses in 
connection with the operation of the war 
records project, so-called . . . $21,370 00 

3504-25 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 .... 1,500 00 

Total $22,870 00 



Service of the Soldiers' Home in Massachusetts. 

3504-30 For the maintenance of the Soldiers' Home in 
Massachusetts, with the approval of the 
trustees thereof, including not more than 
five hundred and thirteen permanent posi- 
tions $1,711,090 00 



262 



Acts, 1949. — Chap. 307. 



Item 
3504-41 

3604-42 



Service of the Commissioner of Veterans' Services. 

For personal services of the commissioner 

and deputies, including not more than 

three permanent positions . . . $15,955 00 

For personal services and expenses of the 

office of the commissioner, including not 

more than sixty-two permanent positions . 214,480 00 



Total 



$230,435 00 



Service of the State Housing Board. 

3504-47 For reimbursement to certain cities and 
towns, as provided by chapter two hundred 
of the acts of nineteen hundred and forty- 
eight, as amended $1,300,000 00 

3504-48 For reimbursement to certain cities and 
towns, as pro\aded by chapter three hun- 
dred and seventy-two of the acts of nine- 
teen hundred and forty-six, as amended . 350,000 00 

3504-50 For personal ser\dces and expenses, including 
not more than nine permanent positions; 
provided that all compensation and ex- 
penses for legal services shall be by direc- 
tion and imder the control of the Attorney 
General 810,893 00 

Total . . . . . . $2,460,893 00 



For Expenses on Account of War. 

3504-52 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 hundred 
and forty-six $2,600,000 00 

3504-63 For reimbursing cities and towns for money 
paid on account of war allowance, state 
and military aid and soldiers' reUef to cer- 
tain residents of the commonwealth and 
their dependents, as authorized by chapter 
eleven of the acts of the special session of 
nineteen himdi-ed and forty-two . . 6,000 00 

Total , $2,505,000 00 



Service of the Treasurer and Receiver General. 

3506-21 For personal services and other expenses of 
the treasurer and receiver general in con- 
nection with the payment of the veterans' 
bonus, so called, as authorized by chapter 
seven hundred and tliirty-one of the acts of 
nineteen hundred and forty-five, as 
amended ...... 

3606-22 For making payments to soldiers in recogni- 
tion of service during World War I and the 
Spanish War, as provided by law 



$45,840 00 



1,000 00 



Acts, 1949. -- Chap. 307. 



26a 



Item 
3506-31 



P'or 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 
nineteen hundred and forty-six 

Total 



$10,560 00 
$57,400 00 



Service of the Attorney General's Department. 

3508-01 P\)r the cost of providing certain legal assist- 
ance for the benefit of veterans, their 
wives and dependents .... 



820,000 00 



Service of the Department of Education. 

3513-01 For assistance to children of certain war 
veterans, for the year nineteen hundred 
and fifty and for previous years, as author- 
ized b}"^ section seven B of chapter sixty- 
nine of the General Laws and corresponding 
provisions of earUer laws . . . $37,500 00 

3513-05 For the payment of retirement assessments of 
teachers formerly in military 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 5,000 00 

3513-22 For personal services and expenses required 
in connection with furnishing certain edu- 
cational services to certain war veterans, 
including the establishment and operation 
of regional educational centers in the com- 
monwealth .;.... 155,200 00 

Total . . . . . . $197,700 00 



Service of the Department of Labor and Industries. 

Di\ision of Apprentice Training: 
3516-01 For personal services and expenses of the 
division of apprentice training in connection 
with the carrying out of a certain program 
in connection wath the federal govern- 
ment, including not more than eight per- 
manent positions; provided, that the 
comptroller shall transfer to the Veterans' 
Services Fund the sum of forty-tv/o thou- 
sand five hundred and seventy dollars from 
the General Fund $129,000 00 



Interest on the Public Debt. 

3590-02 For the payment of interest on the direct 
debt of the commonwealth, for the year 
nineteen hundred and fifty and previous 
years, to be in addition to the amounts 
appropriated in items 2410-00, 2951-00 
and 3180-02, and to be in addition to any 
amounts heretofore appropriated for the 
purpose . ... 



$937,000 00 



264 



Acts, 1949. — Chap. 307. 



Item 
3590-03 



Requirements for Extinguishing the State Debt. 

For certain serial bonds maturing during the 
year nineteen hundred and fifty, to be in 
addition to the amounts appropriated in 
items 2420-00, 2952-00 and 3180-01 . $13,600,000 00 



The 



Following Appropriations are payable from Revenue 

CREDITED TO THE OlD AgE ASSISTANCE FuND: 



Service of the Alcoholic Beverages Control Commission. 
3604-01 For personal services and expenses, including 

$188,707 00 



not more than forty-five permanent po- 
sitions 



Service of the State Racing Commission. 

3604-11 For personal services and expenses, including 
not more than nine permanent positions; 

f>rovided, that fees paid to veterinarians 
or services in connection with horse racing 
shall not exceed twenty-five dollars per 
diem, and in connection with dog racing, 
shall not exceed ten dollars per diem . 



$163,680 00 



Service of the Department of Public Welfare. 

3619-01 For personal services and expenses required 
for the administration of old age assistance, 
as provided by chapter one hundred and 
eighteen A of the General Laws, including 
not more than one hundred and seventy- 
eight permanent positions; provided, that 
any revenue resulting from the activities 
herein authorized shall be credited to the 
Old Age Assistance Fund . . . $491,000 00 

3625 For reimbursement to cities and towns for 

old age assistance for the year nineteen 

hundred and fifty and for previous years . 27,000,000 00 

3626 Notwithstanding the provisions 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 
sum not exceeding one million six hundred 
and seventy thousand dollars is hereby 
appropriated 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 
hundred and forty-nine, from the sum 
herein appropriated, shall be not less than 
nine hundred thousand dollars 



Total 



1,670,000 00 
$29,161,000 00 



Acts, 1949. — Chap. 307. 265 



The Following Appropriation is payable from the Agricultural 
Purposes Fund: 



Item 



Service of the Department of Agriculture. 



Division of Plant Pest Control and Fairs: 
3809-21 For state prizes and agricultural exhibits, 
including allotment of funds for the 4-H 
activities $70,000 00 



The Following Appropriations are payable from the Mosquito 
Control Fund: 

Service of the State Reclamation Board. 

3901 For the maintenance and construction of 
drainage ditches, as authorized by chapter 
three hundred and seventy-nine of the 
acts of nineteen hundred and thirty, as 
amended by section one of chapter two 
hundred and fifty of the acts of nineteen 
hundred and thirty-five, to be assessed in 
the calendar year nineteen hundred and 
forty-nine $44,646 00 

3915 For the maintenance and construction of 

drainage ditches, as authorized by chapter 
four hundred and fifty-six of the acts of 
nineteen hundred and forty-five, to be 
assessed in the calendar year nineteen hun- 
dred and forty-nine .... 54,332 00 



Total $98,978 00 



The Following Appropriations are payable from the Parks and 
Salisbury Beach Reservation Fund: 

Service of the Department of Conservation. 

Division of Parks and Recreation: 
4011 For personal services and expenses, including 

not more than seven permanent positions . $105,945 00 
4013 For personal services and expenses of recrea- 

tional opportunities in state forests . . 89,935 00 

4021 For the maintenance of Standish monument 

reservation 3,190 00 

Salisbury Beach Reservation: 
4031 For the maintenance of Salisbury beach reser- 

vation, including not more than one perma- 
nent position ..... 50,015 00 

Total $249,085 00 



The Following Appropriation is payable from the Smoke In- 
spection Fund: 

Service of the Department of Public Utilities. 

Division of Smoke Inspection: 
4311 For personal services and expenses, including 

not more than twelve permanent positions $42,830 00 



266 



Acts, 1949. — Chap. 307. 



The Following Appropriations are payable from the Prison 
Industries Fund: 



Item 
4401 



4411 

4511 

4611 
4711 



Service 0/ the Department of Correction. 

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, for the year nineteen 
hundred and fifty and the previous year; 
provided, that oi the amount herein ap- 
propriated the proportions properly charge- 
able to the prison industries fund at the 
Massachusetts reformatory, the reforma- 
tory for women, the state prison and the 
state prison colony shall be determined by 
the comptroller $30,540 00 

For salaries of persons employed in industries 
at the Massachusetts reformatory, includ- 
ing not more than twenty-five permanent 
positions 79,880 00 

For salaries of persons employed in industries 
at the reformatory for women, including 
not more than thirteen permanent posi- 
tions 37,895 00 

For salaries of persons employed in industries 
at the state prison, including not more than 
twenty-nine permanent positions . . 89,800 00 

For salaries of persons employed in indus- 
tries at the state prison colony, including 
not more than twenty-seven permanent 
positions 90,600 00 

Total ... . . . $328,715 00 



Metropolitan District Commission Fxjnds. 

The following appropriations are to be 
assessed upon the several districts in 
accordance with the methods fixed by 
law, unless otherwise provided, and to be 
expended under the direction of the 
metropolitan district commission: 



Metropolitan Parks, General. 

8602-27 For the cost of suppressing gypsy moths, 

including certain equipment . . . $15,000 00 

8602-37 For the expenses of holding band concerts . 25,000 00 

Specials: ' 
8602-66 For repairs and construction of additions to 

the existing shore protection, Quincy shore 

reservation 25,000 00 

8602-70 For repairs to bath houses at Revere and 

Nahant beaches 7,500 00 

8602-71 For repairs to landing floats, Charles river . 1,600 00 

8602-72 For rebuilding landing at Brooks Street, 

Brighton 3,000 00 

8602-73 For certain construction and playground 

equipment at Beaver Brook . . . 9,400 00 

8602-75 For repairs to boat landing on Charles River, 

Memorial Drive 12,000 00 



Acts, 1949. — Chap. 307. 



267 



Item 
8602-76 

8602-77 



For the installation of a drainage system and 

certain repairs at Gerry's Landing . . $2,500 00 

For the construction of ski slopes at Blue 

HiUs 65,000 00 



Charles River Basin. 

Specials: 
8607-29 This item omitted. 
8607-30 For certain repairs to fence, Charles River 

Dam ...,.., 



$6,000 00 



Metropolitan Parks, Nantasket Beach. 

Specials: 
8611-26 For certain repairs to sea wall at Nantasket 

beach $2,000 00 

8611-27 For certain repairs to police barracks at 

Nantasket beach 2,000 00 

8611-28 For expenses of demolishing chimney at 

Nantasket beach hotel .... 500 00 

8611-29 For expenses of removing old hulk . . 1,000 00 

8611-30 For replacing certain wiring at Nantasket 

hotel 1,800 00 

8611-31 For certain plumbing repairs to sanitaries . 3,500 00 



Metropolitan Sewerage, North System. 

8802-00 For the maintenance and operation of a 
system of sewage disposal for the north 
metropolitan sewerage district, including 
retirement of veterans under the provisions 
of the General Laws .... $817,260 00 

Specials: 

8802-37 For certain engine repairs, Charlestown . 5,150 00 

8802-38 For certain wiring repairs, East Boston . 7,000 00 

8802-39 For retubing certain boilers, East Boston . 5,800 00 
8802-40 For the replacement of piles and repairs to 

the wharf, East Boston .... 8,000 00 
8802-42 For replacement of certain deep water lines, 

Deer Island 12,000 00 

8802-43 For replacement of certain roofs, Deer Island 7,870 00 



Metropolitan Sewerage, South System. 

8807-00 For the maintenance and operation of a 
system of sewage disposal for the south 
metropolitan sewerage district, including 
retirement of veterans under the pro- 
visions of the General Laws 

Special: 
8807-41 For the installation of a diesel generator, 
Squantum ...... 



$508,585 00 
5,150 00 



Metropolitan Water System. 

8902-00 For the maintenance and operation of the 
metropolitan water system, including re- 
tirement of veterans under the provisions 
of the General Laws . . . . 



$2,168,895 00 



Acts, 1949. — Chap. 307. 



Item 



Specials (to be included as a part of the 
cost of maintenance of the metropolitan 
■water system) : 
8902-22 For emergency repairs to water mains . $10,000 00 

8902-24 For payment to the county commissioners 
of Worcester county of certain assessments 
upon the former town of Dana . . 500 00 

8902-34 For the construction of additions and im- 
provements to certain supply and dis- 
tribution mains, to be in addition to any 
amount heretofore appropriated for the 

purpose 750,000 00 

8902-36 For the purchase of certain pipe and valve 
stock, for the year nineteen hundred and 
fifty and previous years . . . . 50,000 00 

8902-56 For the resurfacing of certain roads, Quabbin 40,000 00 

8902-61 For the installation of a pump, Spot Pond . 25,500 00 

8902-62 For repairs to a turbine generator, and for 
the installation of a new generator, Spot 

Pond 9,000 00 

8902-63 For the building of a certain steam line, 

Chestnut Hill 10,000 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 ac- 
cordance with rules and rates which are hereby authorized 
to be established from time to time by the commission on 
administration and finance. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed five and one half cents a mile. 

Section 6. Amounts included for permanent positions 
in sums appropriated in section two for personal services 
are based upon schedules of permanent positions and salary 
rates as approved by the joint committee on ways and 
means, and, except as otherwise shown by the files of said 
committee, a copy of which shall be deposited with the 
division of personnel and standardization, no part of sums 
so appropriated in section two shall be available for 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, notwithstanding 
any special or general act to the contrary. 

Section 7. In addition to the pajmaent of regular sala- 
ries, sums appropriated for personal services in the fiscal 
year nineteen hundred and fifty shall be available for the 



Acts, 1949. — Chap. 307. 269 

pajonent 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. On and after the effective date of this act, 
charges to state employees for maintenance shall be made 
in accordance with rules and regulations as established by 
the commission on administration and finance. 

Section 9. All federal subventions and grants available 
to the commonwealth under any act of Congress and not 
otherwise authorized to be received shall be paid into the 
treasury of the commonwealth; provided, however, that 
applications for such subventions and grants, and for trans- 
fers within such subventions and grants, shall be subject 
to the approval of the commission on administration and 
finance. All federal subventions and grants received by the 
commonwealth may be expended without specific appro- 
priation if such expenditures are otherwise in accordance 
with law. 

All income, including federal subventions and grants, 
received by the commonwealth from or on account of vet- 
erans in payment for veterans' services, shall be credited to 
the veterans' services fund. 

Section 10. 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 fifty 
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, so called, by the 
federal government through agencies of the federal govern- 
ment, in an amount not exceeding three hundred and fifty 
thousand dollars, in addition to any amount heretofore 
provided for the purpose, and the comptroller may certify 
for payment such incidental expenses and liabilities so in- 
curred to an amount not exceeding three hundred and fifty 
thousand dollars, in addition to any amount heretofore 
provided for the purpose. 

Section 11. The effective date of the appropriation 
accounts, subsidiary accounts and authorizations in this 
act shall be July first, nineteen hundred and forty-nine. 
However, beginning June first, nineteen hundred and forty- 
nine, 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-nine; pro- 
vided, 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 condition 
precedent to expenditure, the obligations shall not 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 



270 Acts, 1949. — Chap. 308. 

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-nine. Where the allotment of 
an appropriation account or subsidiary account is required 
by law, allotments shall be made to permit the effective 
operation of this section on June first, nineteen hundred 
and forty-nine. 

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 ten, inclusive, of this act 
shall take effect on July first, nineteen hundred and forty- 
nine, and section eleven thereof shall take effect on June 
first, nineteen hundred and forty-nine. 

{This bill was returned May 20, 1949, by the governor 
to the house of representatives, the branch in which said 
bill originated, with his objections to Item 2501-01 and 
Item 2501-02. 

The vote being taken May 23, 1949, on the passage of 
said items, the objections of the governor thereto were 
sustained, the house having refused, in each instance, to 
pass the item. The remainder of the bill was approved by 
the governor May 20, 1949.) 



Chap.SOS An Act making appropriations for the fiscal year 

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FORTY- 
NINE, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING 
APPROPRIATIONS, AND FOR CERTAIN NEW ACTIVITIES AND 
PROJECTS. 

Be it enacted, etc., as follows: 

Section 1. To provide for meeting deficiencies in certain 
appropriations previously made, and for certain new activi- 
ties and projects, the sums set forth in section two, for the 
several purposes and subject to the conditions specified in 
said section, are hereby appropriated for the current fiscal 
year from the general fund or ordinary revenue of the 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, the sums so appro- 
priated to be in addition to any amounts at present available 
for the purposes. 

Section 2. 

Service of the Legislative Department. 
Item 
0101-08 For suoh additional clerical assistance to, and 
with the approval of, the clerk of the house 
of representatives, as may be necessary for 



Acts, 1949. — Chap. 308. 



271 



Item 

the proper despatch of public business, in- 
cluding not more than three permanent 
positions $200 00 

0101-26 For payment to the widow of a deceased 
member of the house of representatives, as 
authorized by chapter thirty-seven of the 
resolves of nineteen hundred and forty- 
eight 400 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 ..... 3,450 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 . . 8,500 00 

0102-06 For office and other expenses of the com- 
mittee on rules on the part of the senate . 760 00 

0102-09 For office and other expenses of the com- 
mittee on rules on the part of the house . 1,000 00 

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 .... 3,050 00 

0102-12 For telephone service .... 2,500 00 

0102-13 For biographical sketches of certain state 

and federal officials .... 391 07 

0102-17 For certain expenses of the senate clerk's 

office 200 00 

0102-25 For expenses of the joint committee on ways 
and means, as authorized by a joint order 
of the general court .... 1,000 00 

0102-28 For expenses of the house committee on ways 

and means 2,000 00 

0102-53 Notwithstanding any provision of law to the 
contrary, the sum of two hundred and 
fifty-eight dollars and ninety-three cents 
may be expended for a certain investiga- 
tion and study, as authorized by an order 
adopted on June eighteenth, nineteen hun- 
dred and forty-eight by the house of repre- 
sentatives . . . 

Total 

0225 The unexpended balance remaining in item 

0224 as appropriated in section two of 
chapter six hundred and sixty-nine of the 
acts of nineteen himdred and forty-eight 
is hereby reappropriated, transferred and 
made available for the purposes of a com- 
mission to investigate and study the con- 
tinuation of transportation service in the - 
areas served Jay the Old Colony Division 
of the New York, New Haven and Hartford 
Railroad Company, and related matters, 
as authorized by a resolve of the current 
year. 

Service of the Jvdicial Department. 

Superior Court, as follows: 
0302-02 For traveling allowances and expenses . S2,350 00 



258 93 



$23,710 00 



272 



Acts, 1949. — Chap. 308. 



Item 
0302-04 



0308-02 



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 
incidental to the work of the court . . $250 00 

Total $2,600 00 

Service of the Land Court. 

For engineering, clerical and other personal 
services, including not more than twenty- 
nine permanent positions . . . $900 00 



Service of the District Attorneys. 

0310-09 For traveling expenses necessarily incurred 
by the district attorneys, except in the 
Suffolk district, including expenses incurred 
in previous years ..... 



$1,000 00 



Service of the Executive Department. 

0401-21 For travel and expenses of the lieutenant 
governor and council from and to their 
homes $250 00 

0401-23 For postage, printing, stationery, traveling 
and contingent expenses of the governor 
and council 2,500 00 

0401-24 For the cost of entertainment of distinguished 
visitors to the commonwealth, for the pay- 
ment of extraordinary expenses not other- 
wise provided for; and for transfers to 
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 in- 
vestigation, shall submit to the governor its 
written recommendation as to the amount 
of funds required, together with pertinent 
facts relative thereto .... 25,000 00 

040 1-31 For the purchase of portraits of former gover- 
nors, as authorized by section nineteen of 
chapter eight of the General Laws . . 3,000 00 

Total $30,750 00 



Service of the Organized Militia. 

0403-15 To cover certain small claims for damages to 
private property arising from military 
maneuvers, for the year nineteen hundred 
and forty-nine and the previous year 



$1,500 00 



Service of the State Quartermaster. 

0406-09 For personal services and es:penses of the 
commonwealth depot and motor repair 
park, including not more, than fourteen 
pernaanent positions .... 



$3,500 00 



Acts, 1949. — Chap. 308. 



273 



Service of the Commis^wn on Administration and Finance. 



Item 
0414-02 



0414-06 



For personal services and expenses of the 
office of the chairman, including not more 
than nine permanent positions, to be in 
addition to the amount authorized for the 
purpose in item 297U-09 

For personal services and expenses of the 
division of personnel and standardization, 
including not more than thirty-four perma- 
nent positions, to be in addition to the 
amount authorized for the purpose in 
item 2970-09 

Total 



$600 00 



4,600 00 



$5,200 00 



Telephone service: 
0414-10 For telephone service in the state house and 
expenses in connection therewith 



$10,000 00 



Service of the State Superintendent of Buildings. 

0416-02 P'or personal services of engineers, assistant 
engineers, firemen and helpers in the en- 
gineer's department, including not more 
than forty-six permanent positions . 



$2,700 00 



Service of the Youth Service Board. 

0446-01 Item 0446-01 of section two of chapter six 
hundred and sixty-nine of the acts of nine- 
teen hundred and forty-eight is hereby 
amended by inserting after the word 
"Board" in the second line the words: — 
and the Advisory Committee on Service 
to Youth. 



Service of the State A irport Management Board. 

0461-00 Item 0461-00 of section two of chapter one 
hundred and ninety-eight of the acts of 
nineteen hundred and forty-eight as in- 
serted by item 0461-00 of section two of 
chapter six hundred and sixty-nine of the 
acts of nineteen hundred and forty-eight is 
hereby amended by adding after the word 
"positions " in the fourth hne the words : — 
; and of the amount herein appropriated 
the sum of twenty dollars is made available 
for reimbursement of a certain cash advance 
loss; and in addition, there is hereby ap- 
propriated the sum of one hundred and 
sixty dollars for the purposes of this item 

Special : 
0463-25 The amount of one hundred and seventy 
thousand dollars allocated by the Massa- 
chusetts Aeronautics Commission from 
item 8004-42 of section two of chapter five 
hundred and ninety-nine of the acts of nine- 
teen hundred and forty-eight for the com- 
monwealth's share of projects at the 
state-owned airport at Bedford, is made 
available to be expended for the same pur- 



$160 00 



274 



Acts, 1949. — Chap. 308. 



Item 



pose by the State Airport iManagement 
Board, as authorized by chapter six hun- 
dred and thirty-seven of the acts of nine- 
teen hundred and forty-eight; and in addi- 
tion, there is hereby appropriated the sum 
of one hundred and seventy thousand dol- 
lars for the same purpose, in anticipation of 
the receipt of a federal grant for the above- 
mentioned projects .... 



$170,000 00 



Service of the Secretary of the Commonwealth. 

0501-02 For personal services and expenses of the 
office of the secretary, including not more 
than sixty-seven permanent positions . $2,150 00 

For printing laws, etc. : 

0503-01 For printing and distributing the pamphlet 
edition and for printing and binding the 
blue book edition of the acts and resolves 
of the year nineteen hundred and forty- 
nine and previous years .... 11,300 GO 

0603-02 For the printing of reports of decisions of the 

supreme judicial court .... 400 00 

0504-07 \ From the amount appropriated in item 

0601-02 / 0504-07 of section two of chapter one hun- 
dred and ninety-eight of the acts of nine- 
teen hundred and forty-eight the sum of 
five hundred and seventy-five dollars is 
hereby transferred and made available for 
the purposes of item 0501-02 of said sec- 
tion two of said chapter one hundred and 
ninety-eight. 

Total $13,850 00 



Service of the Treasurer and Receiver-General. 

0601-02 For personal services and expenses of the 
ofiice of the treasurer and receiver-general, 
including not more than thirty-nine perma- 
nent positions, to be in addition to the 
amoimt authorized for the purpose in item 
2970-09 



$8,800 00 



Service of the Attorney General's Department. 

0802-01 For the settlement of certain claims, as pro- 
vided by law, on account of damages by 
cars owned by the commonwealth and 
operated by state employees . . . $4,000 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 . 3,500 00 

Total $7,500 00 



Service of the Department of Conservation. 

Division of Forestry : 
1002-31 For personal services, including not more 
than seven permanent positions, and for 
other expenses incidental to the suppres- 
sion of insect pests and shade tree diseases. 



Acts, 1949. — Chap. 308. 



276 



Item 



1004-91 



including gypsy and brown tail moths and 
Japanese beetles, and for reimbursement 
to cities and towns of a proportion of their 
expenses for such work, as provided by law 

Bounty on seals: 
For bounties on seals .... 

Total . . . 



$30,000 00 

16 50 

$30,016 60 



Service of the Department of Corporations and Taxation. 



Special: 

1201-05 For expenses of the department incurred in 
the collection of the inheritance tax in a 
certain case ...... 

1203-05 See item 1201-05. 

1203-11 1 From the amount appropriated in item 

1203-01 J 1203-11 of section two of chapter one hun- 
dred and ninety-eight of the acts of nine- 
teen hundred and forty-eight the sum of 
twenty thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 1203-01 of said section two of said 
chapter one hundred and ninety-eight and 
of section two of chapter six hundred and 
sixty-nine of the acts of nineteen hundred 
and forty-eight. 



$4,000 00 



Service of the Department of Education. 

1301-02 For personal services and expenses, including 
not more than fifty-seven permanent posi- 
tions 

Special : 
1301-18 For personal services and other expenses re- 
qmred for the operation of an agency for 
surplus property ..... 

Education of deaf and blind pupils: 
1301-41 For the education of deaf and blind pupils of 
the commonwealth, as provided by section 
twenty-six of chapter sixty-nine of the 
General Laws ..... 

Reimbursement: 
1301-52 For the reimbursement of certain towns for 
the payment of tuition of pupils attending 
high schools outside the towns in which 
they reside, as provided by law 

Division of Immigration and Americaniza- 
tion: 
1302-01 For personal services and expenses, includ- 
ing not more than nineteen permanent 
positions ...... 

Division of the Blind: 
1304-01 For general administration, furnishing in- 
formation, industrial and educational aid, 
and for carrying out certain provisions of 
the laws estabhshing said division, includ- 
ing not more than twenty-five permanent 
positions ...... 



$2,000 00 



700 00 



9,500 00 



37,601 02 



160 00 



2,985 00 



276 



Acts, 1949. — Chap. 308. 



1305-08 



1307-21 



1309-21 



1332-00 



Item 
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 . $5,000 00 

Teachers' Retirement Board: 
For the payment of the commonwealth's 
share in financing the teachers' retirement 
system, as provided by chapter six hvm- 
dred and fifty-eight of the acts of nineteen 
hundred and forty-five .... 50,000 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 : 

State teachers' college at Bridgewater, board- 
ing hall, including not more than thirty-two 
permanent positions .... 1,900 00 

State teachers' college at Framingham, board- 
ing hall, including not more than thirty- 
two permanent positions . . . 2,050 00 

For the maintenance of the LoweU textile in- 
stitute, with the approval of the commis- 
sioner of education and the trustees, in- 
cluding not more than sixty-five 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 .... 1,62000 

Total $113,416 02 

Service of the Department of Civil Service and Registration. 

Board of Registration of Certified Public 
Accountants : 
1414-01 For personal services and expenses of num- 
bers of the board, including not more than 
five permanent positions . . . $2,000 00 

State Examiners of Electricians: 
1416-01 For personal services and expenses of mem- 
bers of the board, including not more than 
two permanent positions . . . 500 00 



Total 



$2,500 00 



1501-05 



1720-22 



Service of the Department of Industrial Accidents. 

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 . . $9,600 00 

Service of the Department of Mental Health. 

Special : 
For certain repairs and for the installation of 
a heating system at Durfee Colony, so 
called $9,000 00 



Acts, 1949. — Chap. 308. 



277 



Item 
1748-00 



1801-02 



1807-00 



1906-03 



1907-01 



1918-00 



1919-00 



1919-26 



From the amount appropriated in section ten 
of chapter six hundred and sixty-nine of 
the acts of nineteen hundred and forty- 
eight and by section two of chapt(?f four of 
the acts of the current year the sum of eight 
hundred thousand dollars is hereby trans- 
ferred and made available for the following 
purpose: For meeting certain deficiencies 
m appropriations for institutions under the 
control of the department of mental health. 
The budget commissioner, upon request of 
the commissioner of mental health, may 
transfer from this item to appropriations 
hereinabove referred to, and sums so trans- 
ferred are to be in addition to any amounts 
previously made available for the purpose. 

Service of the Department of Correction. 
For personal services and expenses, including 
not more than twenty-five permanent 
positions JSJ.'^O 00 

For the maintenance of and for certain im- 
provements at the following institutions 
under the control of the Department of 
Correction : 
State prison colony, including not more than 

two hundred and twenty-five permanent 

positions .3,000 00 

Total $6,750 00 

Service of the Department of Public Welfare. 
Division of Child Guardianship: 

For the care and maintenance of children, in- 
cluding not more than two permanent posi- 
tions .f 100,000 00 

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-eight and for the 
previous year ..... 54,302 79 

Massachusetts Hospital School: 

For the maintenance of the Massachusetts 
hospital school, including not more than 
one hundred and seventy-six permanent 
positions, to be expended with the approval 
of the trustees thereof .... 7,600 00 

Tewksbury State Hospital and Infirmary : 

For the maintenance of the Tewksbury state 
hospital and infirmary, including not more 
than seven hundred permanent positions, 
to be expended with the approval of the 

trustees thereof 11,000 00 

Special : 

For the installation of generating equipment 
at the Tewksbury state hospital and in- 
firmary, as authorized by chapter seven 
hundred and thirty-two of the acts of 
nineteen hundred and forty-five . . 768 63 



Total 



$173,571 42 



278 



Acts, 1949. — Chap. 308. 



Item 



2001-25 



2023-00 



2024-00 



2025-00 



Service of the Department of Public Health. 

The unexpended balance remaining in item 
2001-25 as appropriated in section two of 
chapter six hundred and sixty-nine of the 
acts of nineteen hundred and forty-eight 
is hereby reappropriated and made avail- 
able for the same purpose. 

For the maintenance of and for certain im- 
provements at the sanatoria, as follows: 

North Reading state sanatorium, including 
not more than two hundred and five per- 
manent positions ..... 

Rutland state sanatorium, including not more 
than two himdred and sixty-eight perma- 
nent positions ..... 

Westfield state sanatorium, including not 
more than two hundred and eighty-two 
permanent positions .... 

Total 



$3,900 00 

12,000 00 

8,400 00 
$24,300 00 



Service of the Department of Public Safety. 

Division of State Police: 
2102-03 For other necessary expenses of the division 
for the year nineteen hundred and forty- 
nine and the previous year, to be in addi- 
tion to the amounts appropriated in items 
2970-05 and 3604-22 .... $14,25000 

Division of Inspection: 
2104-21 For personal services of officers for the boiler 
inspection service, and for expenses, in- 
cluding not more than twenty-six perma- 
nent positions ..... 5,800 00 

Total $20,050 00 



Service of the Department of Public Utilities. 

2301-09 \ From the amount appropriated in item 2301- 
2301-02 / 09 of section two of chapters one himdred 
and ninety-eight and six hundred and sixty- 
nine of the acts of nineteen hundred and 
forty-eight the sum of two thousand dol- 
lars is hereby transferred and made avail- 
able for the purposes of item 2301-02 of 
said section two of said chapter one hun- 
dred and ninety-eight. 

Special : 
2301-13 To pay a certain judgment by the Superior 
Court in favor of the Putnam Furniture 
Building, Inc. . . . ; . 



$12,000 00 



Unclassified Accounts and Claims. 

2820-02 For small items of expenditure for which no 
appropriations have been made, and for 
cases m which appropriations have been ex- 
hausted or have reverted to the treasury 
in previous years ..... 

2820-04 For the compensation of certain public em- 
ployees for injuries sustained in the course 



$1,000 00 



Acts, 1949. — Chap. 308. 



279 



Item 



2820-06 



of their employroent, 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 . $27,500 00 
For reimbursement of persons for funds pre- 
viously deposited in the treasury of the 
commonwealth and escheated to the com- 
monwealth 7,273 97 

Total $35,773 97 



The Following Appropriations are Made from the Highway Fund: 



2900-10 
2900-04 
2900-25 



2924-02 



Service of the Department of Public Works. 

From the amount appropriated in item 2900- 
10 of section two of chapter one hundred 
and ninety-eight of the acts of nineteen 
hundred and forty-eight the sum of one mil- 
lion dollars is hereby transferred and made 
available for the purposes of item 2900-04 
of said section two of said chapter one hun- 
dred and ninety -eight; and the sum of one 
miUion dollars is hereby transferred and 
made available for the purposes of the fol- 
lowing item: 

2900-25 For a reserve for emergency high- 
way repairs for the current fiscal year. 

Registration of Motor Vehicles: 
For services other than personal, including 
traveling expenses, purchase of necessary 
supplies and materials, including cartage 
and storage of the same, and for work 
incidental to the registration and licensing 
of owners and operators of motor vehicles 



$100,000 00 



Service of the Metropolitan District Commission. 

2931-04 For the construction, reconstruction and im- 
provement of boiilevards and parkways, 
mcluding bridges, and including the resur- 
facing and repairing thereof . $400,000 00 



Service of the Department of Public Safety. 

Division of State Police : 
2970-05 For other necessary expenses of the division, 
for the year nineteen hundred and forty- 
nine and the previous year, to be in addi- 
tion to the amounts appropriated in items 
2102-03 and 3604-22 .... 



$28,475 00 



Unclassified Accounts and Claims. 

2970-09 For the estimated share of the cost of certain 
administrative functions of the treasui'er 
and receiver general, the auditor of the 
commonwealth, and the commission on 
administration and finance, properly 
chargeable to the highway fund, the sum 
of two thousand eight hundred dollars is 



280 



Acts, 1949. — Chap. 308. 



tteifi 



2811-02 



hereby appropriated to be allocated for the 
purposes set forth in the following items 
and to be in addition to the amounts ap- 
propriated in said items from the general 
fund: 

Item 0414-02 . . . $150 00 

Item 0414-06 ... 900 00 

Item 0601-02 . . 1,750 00 



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 ..... 



$2,800 00 



65,000 00 



The Following Appropkiations ap.e Made from the Port of 
Boston Fund: 

Port of Boston Authority. 
Special : 
3145-01 For personal services and expenses of making 
investigations and presenting the common- 
wealth's case in connection with differential 
freight rates $30,000 00 



$900 00 



7,190 00 



The Following Appropriations are Payable from the Veterans' 
Services Fund: 

Services of the Adjutant General. 

3504-01 For the issuance of certificates of service in 
World War II, as authorized by chapter 
four hundred and fifty-nine of the acts of 
nineteen hundred and forty -six 

3504-02 For the issuance of certificates of service in 
World War II to relatives of certain vet- 
erans, as authorized by chapter four hun- 
dred and sixty-nine of the acts of nineteen 
hundred and forty-six .... 

Total 

Service of the State Housing Board. 

3504-48 For reimbursement to certain cities and 
towns, as provided by chapter three hun- 
dred and seventy-two of the acts of nine- 
teen hundred and forty-six, as amended . 

For Expenses on Account of Wars. 

3504-52 For reimbursing cities and towns for money 
paid for veterans' benefits as provided in 
section six of chapter one hundred and fif- 
teen of the General Laws, as appearing in 
section one of chapter five hundred and 
eighty -four of the acts of nineteen hundred 
and forty-six ..... 

3504-53 For reimbursing cities and towns for money 
paid on account of war allowance, state 
and military aid and soldiers' reUef, to cer- 
tain residents of the commonwealth and 
their dependents, as authorized by chapter 
eleven of the acts of the Special Session of 
nineteen hundred and forty -two 

Total 



$8,090 00 



$264,755 00 



$1,657,115 51 



5,473 04 
$1,662,588 65 



Acts, 1949. — Chap. 308. 281 



Item 



Service of the Soldiers' Home in Holyoke. 

3504-60 For expenses of the trustees, as authorized by 
chapter four hundred and seventy-six of 
the acts of nineteen hundred and forty- 
eight $1,000 00 

Service of the Treasurer and Receiver General. 

3506-21 For personal services and other expenses of 
the treasurer and receiver general in con- 
nection with the payment of the veterans' 
bonus, so called, as authorized by chapter 
seven hundred and thirty-one of the acts 
of nineteen hundred and forty-five, as 
amended $5,000 00 

University of Massachv^etts at Fort Devens. 

Special: 
3513-23 The imexpended balance remaining in this 
item as of the effective date of this act, 
from the appropriation authorized in sec- 
tion two of chapter one hundred and 
ninety-eight of the acts of nineteen hun- 
dred and forty -eight, is hereby reappropri- 
ated and made available for expenditure, 
under the authority of the state purchasing 
agent, as a special appropriation, so called, 
as provided in section fourteen of chapter 
twenty-nine of the General Laws, as 
amended, for personal services and ex- 
penses in connection with the closing of the 
college for veterans at Fort Devens. The 
responsibility of the augmented board of 
trustees of the University of Massachu- 
setts, established under chapter five hun- 
dred and ninety-six of the acts of nineteen 
himdred and forty-six, with respect to the 
establishment, operation and termination 
of a branch of said university for providing 
instruction to certain veterans of World 
War II, shall cease on June thirtieth in the 
current year. 

Service of the Department of Education. 

For the maintenance of the following tex- 
tile schools, with the approval of the com- 
missioner of education and the trustees: 
3513-32 Lowell textile institute, to be in addition to 
any amount authorized for the purpose in 
item 1332-00 $2,280 00 



The Following Appropriations are Payable from the Parks and 
Salisbury Beach Reservation Fund: 

Division of Parks and Recreation. 

Specials: 
4012-00 For the cost of special facilities at Nickerson 

State Park $1,500 00 

4014-00 For the cost of speciaWacilities in state forest 

recreation areas ..... 36,000 00 



Total $37,500 00 



282 



Acts, 1949. — Chap. 308. 



The Following Appropriations are Payable from the Prison 
Industries Fund: 



Item 
4401 



4511 



Service of the Department of Correction. 

For salaries of persons employed in the de- 
partment of correction in certain super- 
visory and administrative work in pnson 
industries, including not more than seven 
permanent positions, for the year nineteen 
hundred and forty-nine and the previous 
year; provided, that of the amount herein 
appropriated the proportions properly 
chargeable to the prison industries fund at 
the Massachusetts reformatory, the re- 
formatory for women, the state prison and 
the state prison colony shall be determined 
by the comptroller 

For salaries of persons employed in industries 
at the reformatory for women, including 
not more than thirteen permanent positions 

Total 



$536 00 
340 00 



$876 00 



Metropolitan District Commission Funds. 

8602-31 Item 8602-31 of section two of chapter six 
himdred and sixty-nine is hereby amended 
by striking out the words appearing after 
the word "commission" in the sixth line 
and substituting in place thereof the words : 
— , to be assessed as part of the cost of 
maintenance of parks reservations. 



Deficiencies. 

For deficiencies in certain appropriations of 
previous years, in certain funds, as fol- 
lows: 

2899 General Fund $64,793 60 

2999 Highway Fund 5,841 01 

3391 Inland Fisheries and Game Fund . . 217 25 

3599 Veterans' Services Fund .... 871 24 

3999 Special Assessment Funds . _ . . . 24 48 

Metropolitan District Commission Funds, to 
be allocated by the comptroller according 
to the schedule as filed, and assessed as pro- 
vided by law to the appropriate districts, 
under the applicable funds . . . 15,794 91 



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 other- 
wise 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 



Acts, 1949. — Chap. 308. 283 

at the expense thereof, unless such reimbursement is in 
accordance with rules and rates which are hereby author- 
ized to be established from time to time by the commission 
on administration and finance. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed five and one half cents a mile. 

Section 6. Amounts included for permanent positions 
in sums appropriated in section two for personal services 
are based upon schedules of permanent positions and salary 
rates as approved by the joint committee on ways and 
means, and, except as otherwise shown by the files of said 
committee, a copy of which shall be deposited with the 
division of personnel and standardization, no part of sums 
so appropriated in section two shall be available for pay- 
ment of salaries of any additional permanent positions, or 
for pajmients 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, not- 
withstanding 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 federal subventions and grants available 
to the commonwealth under any act of Congress and not 
otherwise authorized to be received shall be paid into the 
treasury of the commonwealth; provided, however, that 
applications for such subventions and grants, and for trans- 
fers within such subventions and grants, shall be subject 
to the approval of the commission on administration and 
finance. All federal subventions and grants received by 
the commonwealth may be expended without specific ap- 
propriation if such expenditures are otherwise in accordance 
with law. 

All income, including federal subventions and grants, 
received by the commonwealth from or on account of vet- 
erans in payment for veterans' services, shall be credited to 
the veterans' services fund. 

Section 9. This act shall take effect upon its passage. 

Approved May 20, 1949. 



284 Acts, 1949. — Chap. 309. 

Chap.S09 An Act to provide for a special capital outlay pro- 
gram FOR THE COMMONWEALTH. 

Emeisency Whereas, The deferred operation of this act would tend 

to defeat its purpose, which is to provide funds immediately 
for a special capital outlay program for the commonwealth, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. To provide for a special program of con- 
struction, reconstruction, alteration and improvement of 
various state institutions and properties, and for the pur- 
chase of certain property, the sums set forth in section two 
of this act, for the several purposes and subject to the 
conditions specified in said section two, are hereby made 
available, subject to the provisions of law regulating the 
disbursement of public funds and the approval thereof. It 
is further provided that all projects authorized by this act 
shall be considered as special appropriations, so called, as 
provided in section fourteen of chapter twenty-nine of the 
General Laws, as amended. 

Section 2. 



Item 



Service of the Departmenl of Mental Health. 



Belchertown State School : 

7917-01 For the constraction of an infirmary building, in- 
cluding the cost of furnishings and equipment $1,078,000 

7917-02 For certain power plant improvements and 

equipment ....... 245,000 

Walter E. Fernald State School: 
7917-03 For the construction of a hospital building, in- 
cluding the cost of furnishings and equipment $630,000 

Wrentham State School: 

7917-04 For the construction of an infirmary building 
with connecting tunnels, including the cost of 
furnishings and equipment .... $866,250 

7917-05 For certain improvements to the water supply 
systems, to be in addition to any funds avail- 
able for this purpose ..... 95,000 

7917-06 To cover unexpected contingencies in the cost 
of projects authorized by this act to be allo- 
cated by the commission on administration 
and finance, with the approval of the governor 
and council ...... 85,750 

Section 3. No payment shall be made or obUgation 
incurred in carrying out any of the aforesaid projects until 
plans, specifications and contracts therefor, and alterations 
thereto subsequently proposed, have been approved by the 
Massachusetts public building commission, unless otherwise 
provided by such rules or regulations as said commission 
may make. 



Acts, 1949. — Chaps. 310, 311. 285 

Section 4. To meet the expenditures necessary in carry- 
ing out the provisions of this act the state treasurer shall, 
upon request of the governor and council, issue and sell at 
public or private sale bonds of the commonwealth, registered 
or with interest coupons attached, as he may deem best, to 
an amount to be specified by the governor and council 
from time to time, but not exceeding, in the aggregate, the 
sum of three million dollars. All bonds issued by the com- 
monwealth as aforesaid shall be designated on their face. 
Capital Outlay Loan, Act of 1949, and shall be on the serial 
payment plan for such maximum term of years, not exceed- 
ing five years, as the governor may recommend to the gen- 
eral court pursuant to section 3 of Article LXII of the 
Amendments to the Constitution of the commonwealth, 
the maturities thereof to be so arranged that the amounts 
payable in the several years other than the final year shall 
be as nearly equal as in the opinion of the state treasurer it 
is practicable to make them. Said bonds shall bear interest 
pa5^able semi-annually at such rate as the state treasurer, 
with the approval of the governor, shall fix, but such bonds 
shall be payable not earlier than July first, nineteen hundred 
and fifty, nor later than June thirtieth, nineteen hundred 
and fifty-five. Approved May 20, 1949. 



An Act authorizing the hingham institution for 
savings to expend money for building purposes. 

I3e it enacted, etc., as follows: 

Section 1. The Hingham Institution for Savings, 
a savings bank located in the town of Hingham, for the 
purpose of constructing a new building in which to conduct 
its banking business, may expend whatever amount shall 
be approved by the commissioner of banks, not in excess, 
however, of the sum of seventy-five thousand dollars. 

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

Approved May 23, 1949. 

An Act authorizing the town of edgartown to con- 
struct A CHANNEL FROM EDGARTOWN GREAT POND TO 
THE OCEAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Edgartown is hereby authorized 
to construct a channel from Edgartown Great Pond in said 
town to the ocean, and may raise and appropriate such sums 
of money as may be necessary to accomplish such purpose. 
Said town may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, pur- 
chase or otherwise, such land and easements within its 
limits as may be necessary for the construction and main- 
tenance of such channel. 

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

Approved May 23, 1949. 



Chap.SlO 



Chap.Sn 



286 Acts, 1949. — Chaps. 312, 313, 314. 



Chap. 312 An Act relative to the salary of the justice of the 

DISTRICT COURT OF LOWELL, AND RELATIVE TO THE COM- 
PENSATION OF THE SPECIAL JUSTICE OF SAID COURT. 

Be it enacted, etc., as follows: 

Ed^; 218^1 78, Section 1. Section 78 of chapter 218 of the General 
etc.'. amended. ' Laws, as most recently amended by section 3 of chapter 667 
of the acts of 1948, is hereby further amended by inserting 
after the word "Somerville" in line 5 the words: — , district 
court of Lowell, — and by striking out, in line 7, the words 
"district court of Lowell/'. 
Repeal. SECTION 2. Section 5A of said chapter 667 is hereby 

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

Approved May 23, 1949. 

Chap.SlS An Act establishing the salaries of the deputy as- 
sessors OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 93 of the Special Acts of 1918 is 
hereby amended by striking out section 3, as most recently 
amended by section 1 of chapter 263 of the acts of 1945, 
and inserting in place thereof the following : — Section 3. 
The mayor shall also appoint for an indeterminate term, 
under the laws and rules governing the classified civil service 
of the commonwealth, five deputy assessors and such ap- 
pointees shall hold office in accordance with such laws and 
rules. Appointments to fill vacancies shall be made in like 
manner. Each deputy assessor shall receive an annual 
salary of six thousand dollars and shall perform such duties 
as the board of assessors may prescribe. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the mayor of the city of Boston, but not other- 
wise. Approved May 23, 1949. 

Chap, 31^ An Act extending the period within which cities and 

TOWNS MAY PROVIDE HOUSING FOR VETERANS OF WORLD 
WAR II UNDER CERTAIN EMERGENCY HOUSING LAWS. 

Be it enacted, etc., as follows: 

The period of five years from the operative date of chapter 
three hundred and seventy-two of the acts of nineteen 
hundred and forty-six within which cities and towns in 
which a shortage of housing exists are authorized to provide 
shelter for such of their inhabitants as are veterans of World 
War II in the manner designated by said chapter three 
hundred and seventy-two is hereby extended, for the pur- 
poses of sections four and five of said chapter three hundred 
and seventy-two, until May twenty-third, nineteen hun- 
dred and fifty-four, unless the general court shall previously 



Acts, 1949. — Chaps. 315, 316, 317. 287 

determine that the time of public exigency, emergency and 
distress referred to in said chapter three hundred and seventy- 
two has ended. Approved May 23, 1949. 

An Act extending the time during which the city of Chap.Z15 

NEWTON MAY ACCEPT CERTAIN PROVISIONS OF LAW RE- 
LATING TO PENSIONS FOR SCHOOL JANITORS AND FOR 
FOREMEN. 

Be it enacted, etc., as follows: 

The mayor and board of aldermen of the city of Newton 
may accept sections forty-four and forty-five A of chapter 
thirty-two of the General Laws, and paragraph (c) of section 
seventy-seven of said chapter, prior to January first, nine- 
teen hundred and fifty, any provisions of said chapter or of 
any other law to the contrary notwithstanding. 

Approved May 23, 1949. 

An Act providing for the acceptance by the town of Qhav.SlQ 

SOUTHBRIDGE OF CERTAIN RETIREMENT LAWS. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law to the con- 
trary, the provisions of sections eighty-five A and eighty- 
five D of chapter thirty-two of the General Laws shall be 
in force in the town of Southbridge; provided, that said 
town accepts said sections during the current year. 

Approved May 23, 1949. 

An Act relative to the notice prior to the sale by flhnj) 317 

the city of boston of property acquired by SAID 

city by tax title foreclosure. 

Be it enacted, etc., as follows: 

Chapter 434 of the acts of 1943 is hereby amended by 
striking out section 4 and inserting in place thereof the fol- 
lowing section: — Section 4- The mayor shall appoint 
from the board a committee consisting of the chairman and 
two other members, to be known as the committee on fore- 
closed real estate. The chairman, acting on behalf of the 
city, may, subject to the restrictions hereinafter provided, 
let or lease real estate referred to in section two or any portion 
thereof, or interest therein. The chairman, acting on behalf 
of the city, subject to such restrictions, may also sell such 
real estate, or any portion thereof, or any interest therein, 
at public auction, first posting a notice thereof in two or more 
convenient and public places in the city at least fourteen 
days before such sale. Such notice shall contain a descrip- 
tion of the property to be sold sufficient to identify it, and 
shall state the date, time and place appointed for the sale 
thereof and the terms and conditions of such sale. The 
chairman may reject any and all bids at such sale or any 



288 Acts, 1949. — Chaps. 318, 319, 320. 

adjournment thereof if in his opinion no bid is made which 
approximates the fair value of the property, and he may 
adjourn the sale from time to time for such periods as he 
deems expedient, giving notice thereof at the time and place 
appointed for the sale or any adjournment thereof. Failure 
to post a notice as herein provided, or any insufficiency in 
the notice posted, shall not invahdate the title to any prop- 
erty sold hereunder. Approved May 28, 1949. 

Chap.SlS An Act relative to the eligibility of persons elected 

TO THE SCHOOL COMMITTEE IN CERTAIN CITIES TO HOLD 
OTHER MUNICIPAL OFFICE. 

Be it enacted, etc., as follows: 

EdV iJ^s 32 Section 32 of chapter 43 of the General Laws, as appearing 

amended. ' in the Tercentenary Edition, is hereby amended by striking 

out, in lines 8 and 9, the words "during the term for which 

he is elected" and inserting in place thereof the words: — 

School while a member thereof, — so as to read as follows : — Sec- 

to'a^'oint iion 32. The school committee shall elect a superintendent 

s^permtend- q{ gchools annually, except as provided in section forty-one 

of chapter seventy-one, and may, under chapter thirty-one, 

appoint, suspend or remove at pleasure such subordinate 

officers or assistants, including janitors of school buildings, 

as it may deem necessary for the proper discharge of its 

duties and the conduct of its business; it shall define their 

terms of service and their duties, and shall fix their compen- 

Members not satiou. No member of the school committee, except the 

offioM^ °^^^^ mayor, shall, while a member thereof, hold any other office 

or position the salary or compensation for which is payable 

out of the city treasury. The committee shall organize 

annually on the first Monday in January, and shall elect one 

of its members as vice chairman, who shall preside at all 

meetings of the committee at which the mayor is not present. 

Approved May 23, 1949. 

Chap.S19 An Act placing the office of agent of veterans' bene- 
fits AND DIRECTOR OF VETERANS' SERVICES OF THE CITY 
OF WORCESTER UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of agent of veterans' benefits and 
director of veterans' services of the city of Worcester is hereby 
placed within the classified civil service. 

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

Approved May 23, 1949. 

Chap. 320 An Act to authorize the city of attleboro to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1, For the purpose of constructing a school 
building and originally equipping and furnishing said build- 



Acts, 1949. — Chap. 321. 289 

ing, the city of Attleboro may borrow, from time to time, 
within a period of jBve years from the passage of this act, 
such sums as may be necessary, not exceeding, in the aggre- 
gate, six hundred thousand dollars, and may issue bonds or 
notes of the city therefor, which shall bear on their face the 
words, Attleboro School Loan, Act of 1949. 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 sub- 
ject to chapter forty-four of the General Laws, excluding the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved May 23, 1949. 



Chap.S2l 



An Act to license and regulate the business of buy- 
ing, SELLING AND MANUFACTURING SO CALLED RENEWED, 
rebuilt or RECONSTRUCTED AUTOMOBILE ENGINES AND 
PARTS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which in part is to provide for the immedi- preamble, 
ate licensing and regulating of the business referred to there- 
in, 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 32A of chapter 90 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by add- amgnled^^^'^' 
ing the following paragraph : — 

Notwithstanding any provision of law to the contrary. Registrar to 
the registrar shall be the sole authority to issue licenses to J.'egXte^'^ 
persons engaged in the business of buying, selling or manu- purchase and 
facturing so called renewed, rebuilt or reconstructed auto- enlines'^or^ 
mobile engines or parts. No person shall alter, change or p"*^- 
substitute any serial number by authority of a certificate 
issued under the preceding paragraph unless he is licensed 
under this paragraph. The registrar shall have the right to 
charge a fee not exceeding fifteen dollars annually for such 
license, and such license may be revoked by him for cause. 
The holder of a license granted under this paragraph shall 
keep records of all engines acquired and sold, and the names 
of the persons from whom acquired and to whom sold, re- 
cording the serial numbers thereon, if any. The licensee 
shall forward to the registry on Monday of each week a copy 
of said record. All records shall be kept legibly and in per- 
manent form and shall be open for inspection at all times to 
the registrar and his agents and to any police officer. 

Approved May 2S, 19^9. 



290 Acts, 1949. — Chaps. 322, 323, 324. 



Chap. S22 An Act to authorize the town of hinsdale to borrow 

MONEY FOR THE PURPOSE OF CONSTRUCTING AN ADDITION 
TO A SCHOOL BUILDING AND FOR EQUIPPING AND FURNISH- 
ING THE SAID ADDITION. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to an existing school building, and for originally equipping 
and furnishing said addition, the town of Hinsdale may bor- 
row, from time to time, within a period of five years from 
the passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate, one hundred and twenty thou- 
sand dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, Hinsdale School Addition 
Loan, Act of 1949, 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 May 23, 1949. 

ChaV. S2S ^^ ^^^ AUTHORIZING THE TOWN OF GRAFTON TO BORROW 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing and origi- 
nally equipping and furnishing a school building, the town 
of Grafton 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 of the town 
therefor which shall bear on their face the words, Grafton 
School Loan, Act of 1949. Each authorized issue shall 
constitute a separate loan and such loans shall be paid in 
not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory limit and shall, except as herein provided, be subject 
to chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved May 28, 1949. 

C/iap. 324 An Act relative to the compensation of the members 
OF the police department of the city of new 

BEDFORD. 

Be it enacted, etc., as follows: 

Upon petition signed by eighty per cent or more of the 
regular permanent members of the police department of the 



Acts, 1949. — Chap. 325. 



291 



city of New Bedford, containing a schedule of salaries 
proposed for the several grades of said department, filed 
with the city clerk of said city not later than sixty days 
prior to the regular municipal election in said city in the 
current year, there shall be placed upon the official ballot 
to be used at said election the following question: — "Shall 
the compensation of the members of the police department 
of the city of New Bedford be established as provided in the 
following schedule? 

Per Annvun, 



Chief 








$5,000 00 


Deputy chief . 








4,500 00 


Captain . 








4,058 85 


Lieutenant 








3,641 85 


Super, of M. V. 








3,459 35 


Sergeant 








3,276 85 


Patrolman 








2,976 85 


Policewoman . 








2,976 85 


First year patrolman 








2,768 85 



; provided, that the rates of compensation in such petition 
shall be inserted in said question, without change. If a 
majority of the votes in answer to said question is in the 
affirmative the compensation of the members of said police 
department shall be estabhshed as therein set forth and each 
member shall receive from said city from and after January 
first, nineteen hundred and fifty the amount of the salary 
set forth in said schedule for his grade. 

Approved May 23, 1949. 



An Act providing that members of the police de- 
partment OF THE city of BOSTON MAY ORGANIZE FOR 
CERTAIN PURPOSES AND HAVE THE RIGHT OF PETITION 
TO THE GENERAL COURT AND TO THE CITY COUNCIL OF 
SAID CITY. 

Be it enacted f etc., as follows: 

Section 10 of chapter 291 of the acts of 1906, as most 
recently amended by chapter 211 of the acts of 1920, is 
hereby further amended by adding at the end the following 
two paragraphs : — 

No such rule or regulation made under authority of this 
section shall forbid police officers from organizing or belong- 
ing to any organization composed solely of members of said 
police force and not affiliated with any outside organization 
other than the Massachusetts Police Association, and having 
among its objects the improvement of their conditions of 
employment, including leaves of absence, hours of labor and 
compensation. 

Any member of said force shall have the right to petition 
the general court or the city council of the city of Boston 
and to appear before any committee thereof, provided 
that this paragraph shall not authorize any member to 
absent himself from duty without permission. 

Approved May 23, 194^, 



Chap.S25 



292 Acts, 1949. — Chaps. 326, 327, 328. 



C/iap. 326 An Act relative to the status of Raymond mcgrath 

AS A MEMBER OF THE FIRE DEPARTMENT OF THE CITY OF 
FITCHBURG. 

Be it enacted, etc., as follows: 

Section 1. Raymond McGrath, who served as a military 
substitute in the fire department of the city of Fitchburg 
from September, nineteen hundred and forty-five to Feb- 
ruary, nineteen hundred and forty-eight, and who was 
injured in the performance of duty, shall be deemed to be 
permanently appointed to the position of fireman in said 
fire department without 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 perform- 
ance of the duties of fireman in said fire department. 

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

Approved May S4, 1949. 

Chap. ^21 An Act to extend the time counties, cities, towns and 

DISTRICTS MAY INCUR DEBT TO SECURE THE BENEFITS 
PROVIDED BY THE FEDERAL GOVERNMENT TO ASSIST THEM 
IN PUBLIC WORKS PROJECTS. 

preamble"*' Wliercas, The deferred operation of this act would tend 

to defeat its purpose, which is to make available without 
interruption to counties, cities, towns and districts financial 
assistance by the federal government for public works projects, 
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 6 of chapter 74 of the acts of 1945, as amended 
by chapter 526 of the acts of 1947, is hereby further amended 
by striking out, in line 4, the word "forty-nine" and insert- 
ing in place thereof the word : — fifty-one, — so as to read 
as follows: — Section 6. Loans by counties, cities, towns 
and districts may be authorized under the provisions of this 
act until July first, nineteen hundred and fifty-one. 

Approved May 24, 1949. 

Chap.Z2S An Act to authorize the town of leyden to borrow 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a new school building in the 
town of Leyden, 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, thirty thousand dollars, and may issue bonds or notes 



Acts, 1949. — Chaps. 329, 330. 293 

therefor, which shall bear on their face the words, Leyden 
School Building Loan, Act of 1949. 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 
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, 1949. 



An Act authorizing the town of hopkinton to borrow Chap. S29 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section L For the purposes of constructing one or 
more school buildings and of originally equipping and fur- 
nishing the same, the town of Hopkinton 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, Hopkinton School Building Loan, Act 
of 1949. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except 
as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved May 24, 1949. 



An Act placing under the civil service laws the posi- 
tion OF CLERK OF WORKS IN THE TRANSIT DEPARTMENT 
OF THE CITY OF BOSTON, AND RELATIVE TO THE RETIREMENT 
RIGHTS OF THE INCUMBENT OF SAID POSITION. 

Be it enacted, etc., as follows: 

Section 1. The incumbent of the position of clerk of 
works in the transit department of the city of Boston on the 
effective date of this act shall be subjected to a qualifying 
examination for said position by the division of civil service. 
If said incumbent passes said examination, he shall be 
certified for said position and shall be deemed to be perma- 
nently appointed thereto, without serving any probationary 
period. 

Section 2. Said incumbent, upon his permanent ap- 
pointment as aforesaid, shall be permitted to be a member 
in the Boston retirement system as of the date of his original 
appointment to said position, and he shall be permitted 



Chap.^'SQ 



294 Acts, 1949. — Chaps. 331, 332. 

to pay into the annuity savings fund of said system an 
amount equal to that which his account therein would be 
if he had been a member in said system since said date. 
Section 3. This act shall take effect upon its passage. 

Approved May 21^, 1949. 

ChaV.SSl ^^ ^^'^ AUTHORIZING THE TOWN OF HOLLISTON TO BORROW 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for and 
constructing a school building and of originally equipping 
and furnishing such building, the town of HoUiston 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, Holliston School Building Loan, Act 
of 1949. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except 
as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved May 24, 1949. 

C/iap. 332 An Act authorizing the commissioner of labor and 

INDUSTRIES to SUSPEND THE OPERATION OF CERTAIN 

statutes. 
Emergency Wliereas, Provisious of law similar to those set forth in 

this act are about to cease to be effective, but the circum- 
stances and conditions which made advisable their enact- 
ment still continue, and it is urgent that said provisions be 
continued in effect without interruption, 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: 

The commissioner of labor and industries is hereby au- 
thorized, in conformity with Article XX of Part the First 
of the Constitution of the Commonwealth, to suspend 
until July first, nineteen hundred and fifty, the application 
or operation of any provision of chapter one hundred and 
forty-nine of the General Laws, as amended, or of any rule 
or regulation made thereunder, regulating, limiting or 
prohibiting the employment of women or minors, or both. 
The commissioner shall exercise this authority when he 
finds, after opportunity has been given to interested parties 
to be heard, that an emergency exists or that conditions of 
hardship in an industry, branch of an industry, or individual 
establishment require or justify the suspension of any provi- 



Acts, 1949. — Chaps. 333, 334. 295 

sion of such laws, rules or regulations. Suspensions issued 
by the commissioner shall prescribe, and may be either 
granted or Hmited to, one or more particular departments, 
operations or occupations within an estabhshment, or a 
particular industry or branch of an industry. The com- 
missioner shall appoint industry advisory conmiittees, on 
which employers and employees shall be equally represented, 
to consult and advise with him in matters relating to the 
suspensions authorized by this section. 

Approved May 24, 1949. 

An Act further defining the practice of dentistry. Chav 333 

Be it enacted, etc., as follows: 

Chapter 112 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 50, as amended by chapter 344 of the ftc'^ amended"' 
acts of 1935, and inserting in place thereof the following 
section : — Section 50. A person shall be deemed to be prac- Practice of 
ticing dentistry if he holds himself out as being able to f^lhel"^"^ 
diagnose, treat, operate or prescribe for an}'- disease, pain, defined, 
injury, deficiency, deformity or other condition of the 
human teeth, alveolar process, gums or jaws, and associated 
parts, intraorally or extraorally, or if he either offers or 
undertakes by any method to diagnose, treat, operate or 
prescribe for any disease, pain, injury, deficiency, deformity 
or other condition of the same; or if he, except on the written 
prescription of a registered dentist and by the use of im- 
pressions made by a registered dentist, directly or indirectly 
by mail, carrier, personal agent, or by any other method, 
supplies, constructs, reproduces, relines, repairs, adds or 
directs the application of any substance to dentures, bridges, 
appliances or other structures to be used and worn as sub- 
stitutes for natural teeth; or if he places such substitutes 
in the mouth or adjusts the same. 

Approved May 24, 1949. 

An Act relative to slaughtering. Chav 334 

Be it enacted, etc., as follows: 

Section 1. Section 119 of chapter 94 of the General ^^^.^Ps-, 
Laws, as amended by section 2 of chapter 332 of the acts of etc!, 'amended. ' 
1943, is hereby further amended by striking out, in lines 8 
and 9, the words "one dollar" and inserting in place thereof 
the words : — ten dollars, — so as to read as follows : — 
Section 119. The aldermen, selectmen, or such other Licenses for 
officers as they shall designate, or, in a town having a popula- gfaught 
tion of more than five thousand, the board of health, if any, of^ certain 
may annually issue licenses to carry on the business of 
slaughtering neat cattle, horses, mules, sheep or swine to 
applicants therefor. Except as provided in sections one 
hundred and twenty and one hundred and twenty A, the 
fee for each license shall be ten dollars. The license shall 
name the persons licensed to conduct such business, and the 



enn^ 



296 



Acts, 1949. — Chap. 334. 



G. L. (Ter. 
Ed.), 94, § 120, 
etc.. amended. 



Fee for 
annual 
license. 



G. L. (Ter. 
Ed.). 94, 
§ 120A, etc., 
amended. 

C.ity or town 
may require 
certain further 
fees. 



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

Certain 
carcasses not 
to be sold 
or olTered for 
sale. 



building or establishment where it is to be carried on, and it 
shall continue in force until May first of the year next ensuing, 
unless sooner forfeited or rendered void. A record shall 
be kept by the board or officers authorized to issue such 
licenses of all applications for licenses under section one 
hundred and eighteen and of all licenses issued, which shall 
be evidence of the issue of any such license. Such board or 
officers shall annually, on or before June first, send to the 
department of public health a copy of each application made 
to them under section one hundred and eighteen and of their 
action thereon, together with a list of the names and ad- 
dresses of all persons who, although engaged in the business 
named in said section on the preceding April thirtieth, 
failed to make application for a license. 

Section 2. Said chapter 94 is hereby further amended 
by striking out section 120, as amended by section 3 of said 
chapter 332, and inserting in place thereof the following: — 
Section 120. In cities and towns which accept this section 
the annual license fee for carrying on the business of slaugh- 
tering neat cattle, horses, mules, sheep or swine shall be 
such sum, not exceeding one hundred dollars, as the aldermen 
or selectmen fix. 

Section 3. Said chapter 94 is hereby further amended 
by striking out section 120 A, as amended by section 4 of 
said chapter 332, and inserting in place thereof the following: 
— Section 120 A. A city or town which accepts this section 
may, in addition to the annual fee under section one hundred 
and nineteen or one hundred and twenty, for a license to 
carry on the business of slaughtering neat cattle, horses, 
mules, sheep or swine, require the payment by the licensee 
of a further fee of not exceeding one dollar for each animal 
slaughtered under such license, but such further fee shall 
not be required for any animal slaughtered under federal 
inspection. Additional fees provided for under this section 
shall be paid only by the licensee or his authorized agent 
and only to the city or town treasurer at such times and in 
such manner as the aldermen or selectmen by vote determine. 
The inspector referred to in section one hundred and twenty- 
six shall not act in the capacity of such authorized agent. 

Section 4. Section 129 of said chapter 94, as amended 
by section 3 of chapter 213 of the acts of 1946, is hereby 
further amended by striking out, in hne 9, the word 
"human", — so as to read as follows: — Section 129. 
Carcasses of animals slaughtered under sections one hundred 
and eighteen, one hundred and nineteen, one hundred and 
twenty-five to one hundred and twenty-seven, inclusive, 
and one hundred and thirty-three and not stamped or 
branded as provided in section one hundred and twenty- 
seven, and all other carcasses of neat cattle, horses, mules, 
sheep or swine which have not been slaughtered, inspected 
and stamped or branded, as provided in said sections, shall 
be deemed unfit for fcxxl and shall not be sold or offere<l 
for sale. 



Acts, 1949. —Chap. 334. 297 

Section 5. Section 130 of said chapter 94, as amended ^aV gJ'^'^ 
by section 4 of said chapter 213, is hereby further amended § lao, etc., 
by striking out, in Hne 4, the word "human", — and by ^^'^°^«^- 
inserting after the word "counterfeits" in hne 13 the words: 
— , procures or has in his possession, — so as to read as 
follows: — Section ISO. Whoever sells, or offers for sale, Penalty for 
or has in his possession with intent to sell, a carcass or any offermg^for 
part thereof deemed unfit for food, as provided in section sale carcasses 

'^ , , , , . 1 1 • in violation of 

one hundred and twenty-nme, or whoever, not bemg a preceding 
member of a local board of health or a duly appointed in- ®®'="°"- 
spector, stamps or brands a carcass or any part thereof 
required by section one hundred and twenty-seven or one 
hundred and thirty-three to be stamped or branded, or 
whoever being a member of a board of health or a duly 
appointed inspector permits or allows the use of his stamp 
or brand by one not a member of a board of health or a duly 
appointed inspector, or whoever counterfeits, procures or 
has in his possession any stamp or brand required by sec- 
tion one hundred and twenty-seven, or whoever stamps or 
brands any carcass or any part thereof with any counter- 
feit stamp or brand, shall be punished by a fine of not more 
than one himdred dollars or by imprisonment for not more 
than two months, or both. 

Section 6. Said chapter 94 is hereby further amended EjV'gpsiji 
by striking out section 131, as amended bj'- section 6 of etc!, 'amended.' 
chapter 332 of the acts of 1943, and inserting in place thereof 
the following: — Section 131. Carcasses of neat cattle, Carcasses of 
horses, mules, sheep or swine slaughtered without the tianghtered 
commonwealth shall be deemed unfit for food, and shall not'^to*'be"s'oid 
not be sold or offered for sale unless they have been inspected untu stamped, 
at the time of slaughter by an inspector of the Bureau of '^^°' 
Animal Industry of the United States Department of Agri- 
culture and have been stamped or branded by said inspector; 
or, in the case of carcasses slaughtered outside the United 
States, unless they have been inspected at the time of 
slaughter in a manner and under certification acceptable 
to the Bureau of Animal Industry of the United States 
Department of Agriculture and have subsequently been 
examined and stamped or branded by said Bureau of Animal 
Industry. 

Section 7. Section 132 of said chapter 94, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by inserting f 132,^*' 
after the word "sale" in line 1 the word: — , handles, — so amended, 
as to read as follows: — Section 132. Whoever sells or Penalty for 
offers for sale, handles, or has in his possession with intent preifedrng"^ 
to sell, a carcass, or any part thereof, required by the pre- section. 
ceding section to be stamped or branded and which has not 
been stamped or branded as therein provided, shall be pun- 
ished by a fine of not more than one hundred dollars or by 
imprisonment for not more than two months, or both. 

Section 8. Section 137 of said chapter 94, as so appear- Q- 1- (Tw. 
ing, is hereby amended by inserting after the word "section" amendel.1.* ^'^^' 
in line 1 the words : — one hundred and thirty, — so as to 



298 



Acts, 1949. — Chaps. 335, 336. 



Conviction 
of violation 
shall void 
license. 



G. L. (Ter. 
Ed.), 94, § 
amended. 



" Food " 
defined. 



read as follows: — Section 137. A conviction under section 
one hundred and thirty, one hundred and thirty-four or 
one hundred and thirty-five of any person hcensed under 
section one hundred and nineteen shall render his license 
void, and no new license shall be granted to him for the 
balance of the term of the license so rendered void. 

Section 9. Section 1 of said chapter 94 is hereby amended 
by striking out the paragraph defining "Food", as appear- 
ing in the Tercentenary Edition, and inserting in place 
thereof the following: — 

"Food", in sections one hundred and eighteen to one 
hundred and fifty-one, inclusive, one hundred and fifty- 
four to one hundred and fifty-six, inclusive, one hundred 
and eighty-one, and one hundred and eighty-six to one 
hundred and ninety-six, inclusive, includes all articles, 
whether simple, mixed or compound, used for food or drink, 
confectionery or condiment, by man or animal. 

Approved May 24, 1949. 



Chap.S35 An Act increasing the compensation of jurors. 
Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 262, § 25, 
etc., amended. 



Compensation 
of jurora 
increased. 



Section 25 of chapter 262 of the General Laws, as most 
recently amended by section 1 of chapter 236 of the acts 
of 1945, is hereby further amended by striking out, in fine 3, 
the word "eight" and inserting in place thereof the word: — 
ten, — and by striking out, in line 4, the word "six" and 
inserting in place thereof the word: — eight, — so as to 
read as follows : — Section £5. The compensation of traverse 
jurors impanelled to try cases of murder in the first degree 
shall be ten dollars, and that of all other traverse jurors and 
of grand jurors eight dollars, for each day's service. All 
jurors shall receive for each day of actual attendance five 
cents a mile for travel out and home, but not for such time 
as the jury is held under restraint, by order of court, at the, 
expense of the county. If the expense of a juror who attends 
court, necessarily and actually incurred for transportation 
out and home once in each day, exceeds the amount of the 
said allowance for travel, he shall be allowed the amount of 
such expense in lieu of the said travel allowance. If a grand 
or traverse juror is required to be in attendance for five or 
more consecutive days he shall receive his fees not later than 
the end of every fifth day of such attendance. 

Approved May 24, 1949. 



Chap.SSQ An Act increasing the membership of the soldiers* 
memorial commission of the city of holyokk. 

Be it enacted, etc., as follows: 

Section 1. The membership of the soldiers' memorial 
commission of the city of Holyoke, established by chapter 
one hundred and thirteen of the acts of nineteen hundred 



Acts, 1949. — Chaps. 337, 338. 299 

and twenty-nine, is hereby increased by the addition of two 
appointive members who shall be veterans of World War II. 
Said additional members shall be appointed by the mayor, 
one of whom shall be appointed to serve for two years and 
the other shall be appointed to serve for three years. Their 
successors shall be appointed in the same manner as the 
successors of the other appointive members as provided by 
the provisions of said chapter one hundred and thirteen. 

Section 2. This act shall take full effect upon its accept- 
ance by the board of aldermen of the city of Holyoke, subject 
to the provisions of its charter, but not otherwise. 

Approved May 24, 1949. 

An Act authorizing the malden retirement board to Qhny 337 

RETIRE JOSEPH TOBACCO. ^' 

Be it enacted, etc., as follows: 

Section 1. The retirement board of the city of Maiden 
is hereby authorized to retire Joseph Tobacco for accidental 
disability as originally voted by said board under date of 
April thirteenth, nineteen hundred and forty-eight, not- 
withstanding the fact that, through no fault of his own, his 
application for such retirement was not seasonably filed. 

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

Approved May 25, 1949. 



An Act relative to the office of mayor of the city 
of haverhill and the administration of the affairs 

of SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of general 
law, of any special act relating to the city of Haverhill or of 
any ordinance of said city, the city clerk thereof in office on 
the effective date of this act shall, on said date, become 
temporary mayor, under the designation of "temporary 
mayor", and shall exclusively, during the period beginning 
with said effective date and ending upon the qualification of 
the person elected at the municipal election in the current 
year to the office of mayor of said city, possess all the rights 
and powers, perform all the duties and be subject to all the 
obligations of mayor of said city, and during said period he 
shall receive compensation as temporary mayor at the rate 
now provided for him as city clerk and shall not receive 
compensation as city clerk. During said period he shall be 
deemed to be on leave of absence from the office of city 
clerk, and the duties of said office shall be performed by the 
assistant city clerk. At the end of said period, said city clerk 
shall be entitled to return to and resume the duties of the 
office of city clerk. 

Section 2. There shall be no special election to fill any 
vacancy in the office of mayor of the city of Haverhill prior 



Chap.ZSS 



300 Acts, 1949. — Chap. 339. 

to the regular municipal election to be held in said city in 
the current year, notwithstanding the provisions of section 
thirty-seven of chapter five hundred and seventy-four of the 
acts of nineteen hundred and eight. 

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

Approved May 25, 1949. 



Chav.SSQ An Act authorizing the city of chelsea to borrow 

MONEY OUTSIDE THE DEBT LIMIT FOR CERTAIN PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Chelsea may borrow in the year 
nineteen hundred and forty-nine a sum of money not ex- 
ceeding four hundred thousand dollars in anticipation of 
amounts to be received from the sale of real estate and 
from rentals, if any, on dwellings which have been moved, 
erected or constructed thereon with the proceeds of an 
appropriation voted by said city on the twenty-seventh day 
of September, nineteen hundred and forty-eight, for the 
purpose of providing temporary shelter in accordance with 
the provisions of section nineteen of chapter forty of the 
General Laws, and may issue bonds or notes of the city 
therefor payable in not more than two 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 the applicable provisions of chapter 
forty-four of the General Laws, exclusive of the provisions 
contained in the first paragraph of section seven thereof. 
The amount borrowed under the authority of this act may 
be used by the assessors as available funds in the determina- 
tion of the nineteen hundred and forty-nine tax rate of 
said city. 

Section 2. Notwithstanding the provisions of section 
sixty-three of chapter forty-four of the General Laws, the 
proceeds from the sale of real estate and from rentals if any, 
as provided in section one of this act shall be used as fol- 
lows : — 

First, for the payment of debt and interest on debt in- 
curred under authority of this act; 

Second, to reimburse the city of Chelsea, in its entirety, 
for all costs, charges, expenses and commitments, direct or 
indirect, increased or paid by the city of Chelsea in con- 
nection with providing temporary shelter for persons de- 
prived of their abode by construction of the Mystic River 
bridge ; 

Third, to reimburse the Mystic River Bridge Authority 
for any expenditures made by the Authority in connection 
with providing temporary shelter for persons deprived of 
their abode by construction of the Mystic River bridge; 

Fourth, any balance remaining after payments have been 
made as herein provided shall be divided between the city 
of Chelsea and the Mystic River Bridge Authority in the 



Acts, 1949. — Chaps. 340, 341. 301 

proportion that the said city and the said Authority have 
expended funds for temporary shelter of the persons referred 
to in the preceding paragraph. 

Section 3. All acts and commitments done or entered 

nto by said city of Chelsea under the foregoing conditions 

and circumstances shall be considered as required to be 

done and entered into by reason of the aforesaid public 

exigency, emergency or distress. 

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

Approved May 25, 1949. 

An Act pertaining to the investment of deposits and Qfifuj 34Q 

THE INCOME DERIVED THEREFROM OF SAVINGS BANKS IN ^' 

obligations of federal INTERMEDIATE CREDIT BANKS. 

Be it enacted, etc., as follows: 

Section 54 of chapter 168 of the General Laws is hereby o. l. (Tot. 
amended by inserting after clause Seventh A the following d!^seve^nth^^' 

clause: — added. 

Seventh B. In consolidated obligations of the federal o^depSfts! 
intermediate credit banks when such consolidated obliga- etc., of savings 
tions will mature in or within one year from the date of 
investment therein. Approved May 25, 1949. 

An Act further regulating investments by credit QfiQ/n 341 

UNIONS. 

Be it enacted, etc., as follows: 

Chapter 171 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 21, as most recently amended by chapter ^tcl^'amlndei.' 
76 of the acts of 1946, and inserting in place thereof the 
following section: — Section 21. The capital, deposits and investments 
surplus of a credit union shall be invested in loans to members, unions^ * 
with approval of the credit committee, as provided in section regulated, 
twenty-two, and also when so required herein, of the board 
of directors; and any capital, deposits or surplus funds in 
excess of the amount for which loans shall be approved by 
the credit committee and the board of directors, may be 
deposited in savings banks or trust companies incorporated 
under the laws of this commonwealth, or in national banks 
located therein, or invested in any bonds, notes, bankers' 
acceptances or bank stocks which are at the time of their 
purchase legal investments for savings banks in this com- 
monwealth, or, to the extent authorized by section three of 
chapter two hundred and sixteen of the acts of nineteen hun- 
dred and thirty-two, in the shares of Central Credit Union 
Fund, Inc., or in the shares of co-operative banks incor- 
porated in this commonwealth, or in shares of federal savings 
and loan associations having a usual place of business within 
the commonwealth to an amount not to exceed five thou- 
sand dollars in any one of such associations, but not more 
than three per cent of the assets of a credit union shall be 



302 



Acts, 1949. — Chap. 342. 



invested in bank stocks at any one time. At least five per 
cent of the total assets of a credit union shall be carried as 
cash on hand or as balances due from banks and trust com- 
panies, or invested in the bonds or notes of the United States, 
or of any state, or subdivision thereof, which are legal in- 
vestments for savings banks as above provided, or in the 
shares of Central Credit Union Fund, Inc.; provided, that 
such bonds, notes or shares are the absolute property and 
under the control of such credit union. Whenever the afore- 
said ratio falls below five per cent, no further loans shall be 
made until the ratio as herein provided has been re-estab- 
lished. Investments, other than personal loans, shall be 
made only with the approval of the board of directors. Sub- 
ject to such approval and to the approval of the commis- 
sioner, a credit union may invest a sum not exceeding its 
guaranty fund and other surplus accounts in the purchase 
of a suitable site and the erection or preparation of a suitable 
building for the convenient transaction of its business. 

Approved May 25, 1949. 



Cha7).S42 ^^ ^^'^ RELATIVE TO CERTAIN EXEMPTIONS FROM THE 
EXCISE ON REGISTERED MOTOR VEHICLES AND TRAILERS. 



G. L. (Ter. 
Ed.). 60A, § 1. 
etc., amended. 



Certain 
registered 
motor vehiclea 
and trailers 
exempt from 
excise tax. 



Be it enacted, etc., as follows: 

Section 1 of chapter 60A of the General Laws is hereby 
amended by striking out the fourth paragraph, as most 
recently amended by section 1 of chapter 718 of the acts 
of 1941, and inserting in place thereof the following para- 
graph : — 

The excise imposed by this section shall not apply to 
motor vehicles or trailers owned and registered by the com- 
monwealth or any political subdivision thereof, or to motor 
vehicles or trailers owned and registered by a corporation 
whose personal property is exempt from taxation under 
clause Third of section five of chapter fifty-nine. Motor 
vehicles or trailers owned or controlled by a manufacturer 
or repairman to whom has been issued a general distinguish- 
ing number or mark under section five of chapter ninety, 
and motor vehicles or trailers owned or controlled by a 
dealer to whom has been so issued a general distinguishing 
number or mark, shall be exempt from the excise imposed 
by this section, upon application in writing filed with the 
assessors, if and so long as such motor vehicle or trailer is 
operated or propelled over the highways solely in connection 
with the business of the o"WTier or controller as such manu- 
facturer, dealer or repairman and in no way for his personal 
use or convenience or the personal use and convenience of 
his family or any other person; provided, that such appli- 
cation shall contain a statement subscribed by such owner 
or controller to the efTect that such motor vehicle or trailer 
is and will be operated or propelled only in the manner 
aforesaid. Approved May 26, 1949. 



Acts, 1949. — Chap. 343. 303 



An Act relative to the leasing by cities and towns Chap.S4S 
OF suitable headquarters for veterans' organ- 
izations. 

Be it enacted, etc., as follows: 

Section 1. Chapter 40 of the General Laws is hereby g. l. (Ten 
amended by striking out the first paragraph of section 9, etc!, amended, 
as most recently amended by section 3 of chapter 118 of 
the acts of the current year, and inserting in place thereof 
the following paragraph : — A city or town may, for the Leasing by 
purpose of providing suitable headquarters for such post or tow^s'^of 
posts of any veterans' organization incorporated or chartered ['or^^ereraM'* 
by the congress of the United States, as have been in opera- organizations, 
tion for at least three years, lease for a period not exceeding ^^^^ 
five years buildings or parts of buildings which shall be 
under the direction and control of such post or posts subject 
to regulations made in cities by the mayor with the approval 
of the council and in towns by vote of the town, and for 
said purposes a town with a valuation of less than five 
million dollars may annually appropriate not more than 
two thousand dollars; a town with a valuation of five 
million dollars but not more than twenty-five million dollars 
may annually appropriate not more than three thousand 
dollars; a town with a valuation of more than twenty-five 
million dollars but not more than fifty million dollars may 
annually appropriate not more than four thousand dollars; 
a town with a valuation of more than fifty million dollars 
but not more than seventy-five million dollars may annually 
appropriate not more than five thousand dollars; a town 
with a valuation of more than seventy-five million dollars 
but not more than one hundred million dollars may annually 
appropriate not more than six thousand dollars; a town 
with a valuation of more than one hundred million dollars 
but not m^ore than one hundred and twenty-five million 
dollars may annually appropriate not more than seven 
thousand dollars; a town with a valuation of more than one 
hundred and twenty-five million dollars but not more than 
one hundred and fifty million dollars may annually appro- 
priate not more than eight thousand dollars; and a town 
with a valuation of more than one hundred and fifty million « 
dollars may annually appropriate eight thousand dollars, 
and in addition three thousand dollars for each additional 
one hundred and fifty million dollars of valuation, or major 
fraction thereof. The city council of a city may, by a two 
thirds vote, appropriate money for armories for the use of 
the state militia, for the celebration of holidays, for the 
purpose of providing or defraying the expenses of suitable 
quarters for posts of the Grand Army of the Republic, 
including the heating and lighting of such quarters, and for 
other like public purposes to an amount not exceeding in 
any one year one fiftieth of one per cent of its valuation for 
such year. 



304 Acts, 1949. — Chaps. 344, 345. 

Section 2. The provisions of section nine of chapter 
forty of the General Laws, as existing immediately prior to 
the effective date of this act, shall continue to apply in a 
city or town with respect to the veterans' organizations 
specified in said provisions as so existing. 

Approved May 25, 1949. 

Chap. 34:4: An Act authorizing the city of newton to sell and 

CONVEY certain LAND HELD BY IT FOR PLAYGROUND 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton, by its mayor when so 
authorized by the board of aldermen, may sell and convey 
free and clear from any obligation to use the same for play- 
ground purposes and any other public purposes a certain 
parcel of land situated on Winchester street in said city and 
described as follows : — Beginning at a point in the easterly 
line of Winchester street distant 94.90 feet northerly from 
the southerly tangent point of a curve of 760.73 radius in 
said easterly line of Winchester street; thence northerly 
100.72 feet bj'- Winchester street; thence easterly 194 feet 
by land of George C. Scully and William R. Scully; thence 
southerly 100 feet by Upland avenue; thence westerly 205.52 
feet bj;- land of Arkley S. Richards to the point of beginning. 
Said parcel of land containing 20,059 square feet is shown as 
Lot 47 of Section 53, Block 27 on the Assessors' Plans, and 
being the same lot as taken for playground purposes and 
shown as Plan No. 23031, dated November 10, 1930, William 
P. Morse, City Engineer. The title to said parcel of land 
was formerly in the name of Dewey G. Freeman — area 
19,800 square feet. 

Section 2. 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 3. This act shall take full effect upon its ac- 
ceptance by the recreation commission and by the board of 
aldermen of said city, subject to the provisions of its charter, 
during the current year. Approved May 25, 1949. 

Chap. 345 ^ ^^'^ prohibiting hairdressing schools charging 

FOR SERVICES OR MATERIALS USED IN CONNECTION WITH 
hairdressing or MANICURING. 

Be it enacted, etc., as follows: 

Edxiv!!' Section 87U of chapter 112 of the General Laws, as most 

§ sVij, etc.. recently amended by section 3 of chapter 626 of the acts of 

amen e . 1941^ js hereby further amended by inserting after the word 

"customer", in line 7, the words: — , and no school shall 

directly or indirectly make any charge for services or materials 

in connection with such practice of hairdressing or mani- 



Acts, 1949. — Chap. 346. 305 

curing, — so as to read as follows: — Section 87 U. All ^^aijdre^mg 
students enrolled in registered schools shall, within fifteen not charge for 
days after entering upon their courses of study, be registered materilCetc. 
with the board by such schools. Students at registered 
schools may, within such fifteen day period, register with 
the board. No fee shall be required for such registration. 
No student shall practice hairdressing or manicuring upon 
any paying customer, and no school shall directly or in- 
directly make any charge for services or materials in con- 
nection with such practice of hairdressing or manicuring. 
A school shall not pay a student for any services rendered 
by him. Approved May 25, 1949. 



An Act making certain changes in the laws relative Chap.^4:Q 
TO carriers of property by motor vehicle for com- 
pensation. 

Be it enacted f etc., as follows: 

Section 1. Section 2 of chapter 159B of the General Edw^JaBs-^ 
Laws, as amended, is hereby further amended by inserting etc!,'amended7' 
after the paragraph defining "Person", as appearing in 
section 1 of chapter 483 of the acts of 1938, the following 
paragraph : — 

"Property", any physical matter whatsoever, regardless -Property" 
of value, over which the right of ownership or control may '^'-'^"'^'^ 
be exercised, including currency, documents and papers of 
all kinds. 

Section 2. Section 14 of said chapter 159B, as most o. l. (Ter. 
recently amended by section 6 of chapter 400 of the acts of f i4;eU!^.^' 
1945, is hereby further amended by inserting after the word amended 
"carrier", in line 2, the words: — or interstate licensee, — 
so as to read as follows: — Section I4. Every motor carrier Motor 
or interstate licensee while operating on any way, when fntwstate'^ 
requested by an investigator or examiner of the commercial licensees 
motor vehicle division of the department, who is in uniform rnspecUoS 
or who displays the proper insignia of his office, shall stop circumstan^c'cB. 
and submit to said investigator or examiner all transportation 
documents, including bills of lading, way bills and other 
papers relating to his cargo which are in his possession and 
shall submit the cargo and other contents, if any, of his 
motor vehicle to such reasonable examination as may be 
necessary to inform the investigator or examiner of the 
nature and weight thereof. No such investigator or examiner 
shall make a detailed examination of the cargo or other 
contents of the motor vehicle at a place where the motor 
vehicle does not stop for purposes of loading or delivery, 
and no motor vehicle shall be unduly delayed for the purpose 
of weighing or be required to turn back upon or substantially 
to detour from the route upon which it was traveUing when 
stopped by the investigator or examiner. Any such carrier 
who, personally or by his agent, violates any provision of 
this section shall be punished by a fine of not more than 
twenty-five dollars. Approved May 26, 1949. 



306 



Acts, 1949. — Chap. 347. 



G. L. (Ter. 
Ed.), 2U, § 1, 
etc., amended. 



Certain 
women 
liable to 
serve as 
jurors in 
certain oases. 



Chap.S47 An Act regulating the preparation of jury lists and 

MAKING WOMEN, WITH CERTAIN EXCEPTIONS, LIABLE TO 
SERVE AS JURORS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 234 of the General Laws is hereby 
amended by striking out section 1, as most recently amended 
by chapter 25 of the acts of 1936, and inserting in place 
thereof the following section : — Section 1 . A person of either 
sex qualified to vote for representatives to the general court, 
whether a registered voter or not, shall be liable to serve as 
a juror, except that the following persons shall be exempt: 

The governor; lieutenant governor; members of the 
council; state secretary; members and officers of the senate 
and house of representatives during a session of the general 
court; judges and justices of a court; county commission- 
ers; clerks of courts and assistant clerks and all regularly 
appointed officers of the courts of the United States and of 
the commonwealth; registers of probate and insolvency; 
registers of deeds; sheriffs and their deputies; constables; 
marshals of the United States and their deputies, and all 
other offilcers of the United States; attorneys at law; settled 
ministers of the gospel; officers of colleges; preceptors and 
teachers of incorporated academies; registered practicing 
physicians and surgeons; persons over seventy years of 
age; persons under twenty- five years of age; members of 
the Ancient and Honorable Artillery Company; members 
of the volunteer militia; superintendents, officers and as- 
sistants employed in or about a state hospital, insane hospital, 
jail, house of correction, state industrial school or state 
prison; keepers of lighthouses; conductors and engine 
drivers of railroad trains ; teachers in pubhc schools; engine- 
men and members of the fire department of Boston, and of 
other cities and towns in which such exemption has been 
made by vote of the city council or the inhabitants of the 
town; Christian Science practitioners and readers, respec- 
tively; women trained nurses; women assistants in hospitals; 
women attendant nurses; mothers of children under sixteen 
years of age or women having custody of such children and 
women members of religious orders. 

Section 2. Said chapter 234 is hereby further amended 
by inserting after section 1 the following section: — Sec- 
tion lA. If at any time it appears that the public interest 
will be served by excusing any person from jury service, or 
if the performance thereof will impose undue hardship or 
unusual inconvenience upon any person, the judge presiding 
at the court to which the juror has been called for service 
may excuse such person from jury duty. 

No woman shall be required to serve in the trial of any pros- 
ecutions under sections twenty-two to twenty-four, inclusive, 
of chapter two hundred and sixty-five or under sections one 
to thirty-five, inclusive, of chapter two hundred and seventy- 
two if, upon her representation it appears to the presiding jus- 



G. L. (Ter. 

Ed.), 234, new 
§ lA, added. 

Women not 

to serve as 
jurors in 
certain cases. 



Acts, 1949. — Chap. 347. 307 

tice that she would be Hkely to be embarrassed by hearing 
the testimony or by discussing the same in the jury room. 

Section 3. Section 4 of said chapter 234 is hereby g. l. (Ter. 
amended by striking out the first paragraph, as appearing amended." ^ *' 
in the Tercentenary Edition, and inserting in place thereof 
the following paragraph : — The board of election commis- List oi 
sioners in cities having such boards, the board of registrars IJ^fud "nLmes 
of voters in other cities and the board of selectmen in towns "f^-^™''" '^^'^ 
shall annually before July first prepare a list of such inhabit- exemption in 
ants of the city or town, qualified as provided in section one, '*'"*"^^- 
of good moral character, of sound judgment and free from 
all legal exceptions, not exempt from jury service under 
section one or two, as they think qualified to serve as jurors. 
The board shall place on said list only the names of persons 
determined to be qualified as aforesaid upon the knowledge 
of one of its members, or after personal appearance and 
examination under oath, or after examination in the form 
of a questionnaire, approved by the state secretary, to be 
answered under oath, except that the board shall not place 
the name of any woman on s^iid list if, in such personal 
appearance and examination or in such questionnaire, she 
claims, in writing, exemption from jury service. The board 
may summon persons to appear before it for examinations 
as to their qualifications for jury service and may compel 
their attendance before it and the giving of testimony in the 
same manner and to the same extent as may magistrates 
authorized to summon and compel the attendance of wit- 
nesses. Such examinations may be held before a single 
member of the board and for the aforesaid purpose each 
member may administer oaths. The board may further 
investigate by inquiries at such person's place of residence 
and of business or employment, or by other means, his repu- 
tation, character and fitness for such service. The chief of 
police or the police commissioner or the official having charge 
of the police shall upon request give the board all possible 
assistance in making such investigation. Upon the request 
of the board or any member thereof, any person shall answer 
all questions and give such information as he may have 
relating to the character or fitness for jury service of any 
person concerning whom such request is made, which informa- 
tion shall be confidential. To the name of each juror on 
said list shall be appended his place of residence and of 
business or occupation. 

Section 4. Section 25 of said chapter 234, inserted by g. l. (Ter. 
section 1 of chapter 428 of the acts of 1945, is hereby amended Jtl! amended^.' 
by striking out, in line 12, the word "men" and inserting 
in place thereof the word : — persons, — so that the third 
sentence will read as follows : — The persons so drawn shall impaneuing. 
be duly sworn and impanelled and, subject to said section 
twenty-six B, shall be the jury to try the issue, and one of 
them shall be appointed foreman by the court. 

Section 5. This act shall take effect on July first, Effective date. 
nineteen hundred and fifty. Approved May 26, 1949. 



308 Acts, 1949. — Chaps. 348, 349, 350. 

Chap.S^S A^N Act relative to the tax exemption of property 

OWNED BY certain STATES OF THE UNITED STATES OF 
AMERICA IN THE TOWN OP WEST SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Chapter 261 of the acts of 1920 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following: — Section 1. Land in the town of 
West Springfield heretofore conveyed by Eastern States 
Agricultural and Industrial Exposition, Inc., a business 
corporation dissolved by section one of chapter two hundred 
and seventy-three of the acts of nineteen hundred and twenty- 
eight, or heretofore or hereafter conveyed by Eastern States 
Exposition, an agricultural society incorporated under gen- 
eral law on June twenty-sixth, nineteen hundred and twenty- 
three, to any state or states of the United States of America 
and the buildings and other tangible property thereon owned 
by any such state or states, located on or within the exposi- 
tion grounds of said Eastern States Exposition, shall be 
exempt from local taxation while such property is used ex- 
clusively by the state owning the same for exhibition and 
sales purposes connected with the promotion of the indus- 
trial, agricultural or recreational resources of such state or 
states and duly authorized by such state or states; pro- 
vided, that not more than five acres of land owned by each 
such state shall be so exempt. 

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

Approved May 27, 1949. 

C/ia». 349 ^^ ^^^'^ authorizing the town or edgartown to take 

LAND BY EMINENT DOMAIN FOR THE CONSTRUCTION OF A 
CHANNEL FROM POCHA POND TO CAPE POQUE POND. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Edgartown may 
take by eminent domain under chapter seventy-nine of the 
General Laws such land in said town or rights therein as 
may be necessary for the construction of a channel to con- 
nect Pocha pond in said town with Cape Poque pond. The 
selectmen may assess betterments under chapter eighty of 
the General Laws for any improvements resulting from such 
construction. Any person injured in his property by any 
action of said selectmen under this act may recover damages 
from said town under said chapter seventy-nine. 

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

Approved May 27, 1949. 

Chdp.SdO ^ -^^^ AUTHORIZING THE DIRECTOR OF THE DIVISION OF 
LAW ENFORCEMENT IN THE DEPARTMENT OF CONSERVA- 
TION TO APPOINT DEPUTY CONSERVATION OFFICERS AND 
DEPUTY COASTAL WARDENS. 

preambi^^ Whereas, The deferred operation of this act would tend 

to defeat its purpose, which is, in part, to provide for the 



Acts, 1949. —Chaps. 351, 352. 309 

appointment without delay of deputy conservation officers 
and deputy coastal wardens, therefore this act is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

The first sentence of the last paragraph of section 5 of Edo.i/.l-., 
chapter 21 of the General Laws, as appearing in section 1 etc.'am.'n.dV.j. 
of chapter 651 of the acts of 1948, is hereby amended by 
adding at the end the words: — , and may, subject to hke 
approval, appoint deputy conservation officers and deputy 
coastal wai-dens but not more than three such deputies shall 
be appointed to serve at any one time with each conservation 
officer and each coastal warden, — so as to read as follows: — 
Said director of the division of law enforcement may, sub- ^j^y'^appoint 
ject to the approval of the commissioner, appoint for a term deputy 
of five years a chief coastal warden and a chief conservation officer^ai'd" 
officer, and may, subject to like approval, appoint deputy ^'«^g"^*J 
conservation officers and deputy coastal wardens but not wardens. 
more than three such deputies shall be appointed to serve 
at any one time with each conservation officer and each 
coastal warden. Approved May 27, 19Jf9. 

An Act authorizing the cotuit fire district to raise and (JJiap.S^l 

APPROrRIATE MONEY FOR THE BENEFIT OF THE COTUIT 
PUBLIC LIBRARY- AND FOR THE PURCHASE OF WAR MEMORIALS 
IN SAID DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The Cotuit Fire District, organized under 
authority of chapter three hundred and twenty-eight of the 
acts of nineteen hundred and twenty-six, and chapter two 
hundred and forty-four of the acts of nineteen hundred and 
thirty-five, is hereby authorized, in addition to the authority 
given by said acts, to raise and appropriate and expend 
money for the maintenance of the Cotuit public library 
located in the town of Barnstable and within the territory 
comprising said district, and to raise and appropriate and 
expend money for a suitable war memorial or memorials 
within the said district. 

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

Approved May 27, 1949. 



An Act relative to the status of certain persons 
provisionally employed as firemen in the fire de- 
partment of the city of lynn. 

Be it enacted, etc., as follows: 

Section 1. Persons who were provisionally employed as 
firemen in the fire department of the city of Lynn for at 
least one year immediately prior to February first, nineteen 
hundred and forty-nine, and are still so employed on the 
effective date of this act, and who passed a mental civil 



Chap.Sb2 



310 Acts, 1949. — Chaps. 353, 354. 

service examination held on June fourteenth, nineteen hun- 
dred and forty-seven, but failed to meet the height require- 
ments because of existing standards fixed bj'' ordinance of 
said city, are hereby declared to be eligible for fire service in 
said city and their names shall be placed on the eligible list 
for the period of eligibility provided for by the civil service 
law and rules; provided, that the city physician of said city 
certifies that such persons are competent physically to per- 
form the duties of firemen in said fire department. 

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

Approved May 27, 1949. 

Chap.S5S An Act authorizing the town of Warwick to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted f etc., as follows: 

Section 1. For the purposes of constructing an addition 
to the center school building, and originally equipping and 
furnishing said addition, the town of Warwick may borrow, 
from time to time, within a period of five years from the 
passage of this act, such sums as may be necessary, not ex- 
ceeding, in the aggregate, twenty-five thousand dollars, and 
may issue bonds or notes of the town therefor which shall 
bear on their face the words, Warwick School Loan, Act of 
1949. 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 of indebtedness and shall, 
except as herein provided, be subject to the provisions of 
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 27, 194-9. 

C/?.ap. 354 An Act authorizing the city of medford to reim- 
burse WILLIAM F. SULLIVAN FOR MEDICAL AND HOSPITAL 
EXPENSES INCURRED BY HIM ON ACCOUNT OF INJURIES 
SUSTAINED BY HIS SON IN THE GYMNASIUM OF 'J HE 
MEDFORD HIGH SCHOOL. 

Be it eiiacted, etc., as follows: 

Section 1 . For the purpose of discharging a moral obliga- 
tion, the city of Medford may appropriate and pay to 
Williaii) F. Sullivan the sum of three hundred dollars to 
reimburse him for expense of medical care and hospital 
expenses incurred by him on account of injuries sustained 
on February seventh, nineteen hundred and forty-seven, 
by his minor son, Richard Leo Sullivan, in the gymnasium 
of the Medford high school in said city. 

Section 2. The action of the city council of said city 
in voting an ai^propriation prior to the effective date of 



Acts, 1949. —Chap. 355. 311 

this act for the purpose stated in section one shall be as 
vaUd and legal as though this act had been in full force and 
effect at the time such vote was taken. 

Approved May 27, 191^9. 

An Act extending the time within which the town Chap.Sbb 
OF merrimac may borrow money for school purposes, 

AND increasing THE AMOUNT WHICH MAY BE SO BORROWED. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 217 of the acts of 1946 
is hereby amended by striking out, in line 5, the word "five" 
and inserting in place thereof the word: — seven, — and 
by striking out, in line 7, the words ''one hundred and fifty" 
and inserting in place thereof the words : — four hundred, — 
so as to read as follows : — Section 1 . For the purpose of 
acquiring land for, and the constructing of, a new consoli- 
dated school building, including the original equipment 
and furnishing of such new buUding, the town of Merrimac 
may borrow from time to time, within a period of seven 
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, Merrimac 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, but no issue shall be 
authorized under the provisions of this act unless a sum 
equal to twenty-five cents on each one thousand dollars of 
the assessed valuation of the town for the year preceding 
the vote has been appropriated from available funds or 
voted to be raised by taxation for said purpose in the year 
in which the loan is authorized. 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. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at the next annual town meeting 
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 meeting: "Shall an act passed by the General 
Court in the year nineteen hundred and forty-nine, entitled 
'An Act extending the time within which the town of Mer- 
rimac may borrow money for school purposes, and increasing 
the amount which may be so borrowed' 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 May 27, 19^9. 



312 



Acts, 1949. — Chaps. 356, 357, 



Chav.Z56 An Act relative to the sale of certain land used 

FOR veterans' housing BY THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Property heretofore or hereafter acquired by the city of 
Boston by foreclosure of tax titles and heretofore or hereafter 
used for veterans' housing under chapter three hundred and 
seventy-two of the acts of nineteen hundred and forty-six 
and acts in amendment thereof, shall be sold or otherwise 
disposed of by said city, and the proceeds thereof accounted 
for, solely in the manner provided in said chapter three 
hundred and seventy-two, as amended, notwithstanding 
the provisions of chapter four hundred and thirty-four of 
the acts of nineteen hundred and forty-three, as amended. 

Approved May 27, 1949. 



Chav 357 ^^ ^^"^ relative to the periodic verification of ac- 
counts IN SAVINGS BANKS, CO-OPERATIVE BANKS AND 
THE SAVINGS DEPARTMENTS OF TRUST COMPANIES. 



G. L. (Ter. 
Ed.), 168, I 28, 
etc., amended. 



Savings 
banks 

deposits to be 
verified 
periodically. 



G. L. (Ter. 
Ed.), 170, § 53, 
etc., amended. 

Co-operative 
bank deposits 
to be verified 
periodically. 



G. L. (Ter. 
Ed.), 172, § 70, 
amended. 



Trust 
company 
deposits to be 
verified 
periodically. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. Chapter 168 of the General Laws is hereby 
amended by striking out section 28, as amended by section 
11 of chapter 334 of the acts of 1933, and inserting in place 
thereof the following section : — Section 28. At least once in 
each three-year period commencing with the first day of 
January in the year nineteen hundred and fifty, such cor- 
porations shall cause the accounts of their depositors and 
their other accounts to be verified, to such an extent and 
in such manner as the commissioner shall require, and under 
rules prescribed by him. 

Section 2. Section 53 of chapter 170 of the General 
Laws, as a])pearing in chapter 144 of the acts of 1933, is 
hereby amended by adding at the end the following sentence: 
— At least once in each three-year period commencing with 
the first day of January in the year nineteen hundred and 
fifty, every such corporation shall cause the accounts of its 
members and its other accounts to be verified, to such an 
extent and in such manner as the commissioner shall require, 
and under such rules as he may prescribe. 

Section 3. Chapter 172 of the General Laws is hereby 
amended by striking out section 70, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following section: — Section 70. At least once in each three- 
year period commencing with the first day of January in 
the year nineteen hundred and fifty, every such trust com- 
pany shall cause the accounts of the savings department to 
be verified, to such an extent and in such manner as the 
commissioner shall require, and under such rules as he may 
prescribe. 

Section 4. Chapter 19 of the acts of 1948 is hereby 
repealed. Approved May 27, 1949. 



Acts, 1949. —Chaps. 358, 359. 313 



An Act providing that certain motor vehicles shall be ni.^j. oco 

EQUIPPED with safety GLASS WHICH HAS BEEN APPROVED ^ ' 

BY THE REGISTRAR OF MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by g.l. (Xer. 
striking out section 9A, as most recently amended by sec- etc!, 'amRnVied ' 
tion 1 of chapter 393 of the acts of 1935, and inserting in 
place thereof the following section: — Section 9 A. No per- Certain 
son shall operate any motor vehicle, and the owner or ^eMcLs must 
custodian of a motor vehicle shall not pennit the same to be ^g^^ tfndows, 
operated with partitions, doors, windows or windshields of etc. 
glass unless such glass is of a type known as safety glass. 
The term "safety glass", as used herein, shall include any gi|^v\^defincd. 
glass designed to minimize the likelihood of personal injury 
from its breaking or scattering when broken, and approved 
by the registrar. This section shall not apply to motor 
vehicles manufactured prior to January first, nineteen hun- 
dred and thirty-six. Approved May 27, 1949. 



An Act further regulating the power of the super- "p.ooy 

INTENDENT OF SCHOOLS OF THE CITY OF BOSTON TO NOMI- 
NATE PERSONS WHO HAVE BEEN EXAMINED AND RATED 
UNDER CIVIL SERVICE TO THE SCHOOL COMMITTEE FOR 
ELECTION OR APPOINTMENT BY IT. 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section 1 of chapter 
231 of the acts of 1906, as most recently amended by sec- 
tion 1 of chapter 497 of the acts of 1946, is hereby further 
amended by inserting after the word "committee" in line 5 
the words : — , except persons who have been examined and 
rated under civil service and whose appointment is provided 
for under chapter thirty-one of the General Laws and the 
rules and regulations issued thereunder, and, — so as to 
read as follows : — 

The superintendent shall be the executive officer of the 
school committee in all matters pertaining to the powers and 
duties of the committee, with power to nominate to the com- 
mittee, for election or appointment by the committee, all 
other officials and employees of the committee, except per- 
sons who have been examined and rated under civil service 
and whose nppointment is provided for under chapter thirty- 
one of the General Laws and the rules and regulations issued 
thereunder, and, except the secretary of the school com- 
mittee. 

Section 2. Nothing in section one of this act shall be 
deemed to affect, alter, modify, nullify or amend any pro- 
vision of chapter thirty-one of the General Laws and the 
rules and regulations made thereunder. 

Approved May 27, WJfB. 



314 Acts, 1949. — Chaps. 360, 361. 



Chav.S60 A-N Act authorizing the town of weymouth to use cer- 
tain LAND FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Weymouth is hereby author- 
ized to transfer from the control and supervision of the water 
commissioners to that of the park commissioners the follow- 
ing described land : — an area two hundred and fifty feet 
in depth west of the school department property line by 
four hundred feet south along said boundary line from a 
point one hundred feet south of the Austin property south- 
west boundary stake to the Shaw property northwest stone 
monument and thence one hundred feet south along the 
Shaw property west boundary. 

Section 2. This act shall take eJEfect upon its acceptance 
by a majority of the town meeting members of the town of 
Weymouth present and voting thereon at a meeting legally 
called for the purpose. Approved May 27, 1949. 



Chav.S61 An Act providing for the licensing of mechanical 
amusement devices and regulating the operation 
thereof. 

Be it enacted, etc., as follows: 

Ed V' 140 "^ new Chapter 140 of the General Laws is hereby amended by 
I 177 A. added, inserting after section 177, as appearing in the Tercentenary 
Edition, the following section under the caption automatic 
Automatic AMUSEMENT DEVICES: — Scctiou 177A. (1) The licensing 
d™^^''"* authorities of any city or town may grant, and after written 
Licensed Dotice to the licensee, suspend or revoke a license to keep 

auth'oruies. ^nd opcratc an automatic amusement device for hire, gain 
or reward, approved by the director of standards and neces- 
saries of life under section two hundred and eighty-three of 
chapter ninety-four. 
"Automatic (2) The term "automatic amusement device" as used in 

amusement , i . , • i n i , i • i. • 

device", this scction shall be construed as meaning any mechanism 

defined. whcrcby, upon the deposit therein of a coin or token, any 

apparatus is released or set in motion or put in a position 
where it may be set in motion for the purpose of playing 
any game involving, in whole or in part, the skill of the 
player, including, but not exclusively, such devices as are com- 
monly known as pinball machines including free play pinball 
machines. 
License to (3) Liccuscs granted under this section, unless sooner 

certain revokcd, shall expire on December thirty-first of each year, 

information. Every such liccnsc shall specify the street and number of 
the premises where the automatic amusement device is to 
be kept or offered for operation or give some particular 
description of such premises, shall state the type of the 
automatic amusement device to which it relates, and shall 
cover any automatic amusement device of the same type 
which as a substitute or replacement for the automatic 



Acts, 1949. — Chap. 362. 315 

amusement device licensed, may, during the term of the 
license, be kept or offered for operation on the premises 
specified; but such license shall under no circumstances cover 
an automatic amusement device of a type other than the 
type stated in such license; and such license shall not cover 
the automatic amusement device if in any place other than 
the premises from time to time specified in such license. No 
such license shall specify more than one premises at one 
time. Upon written application, the licensing authority may 
from time to time amend any license granted under this sec- 
tion by changing the premises specified. 

(4) The annual fee for a license under this section for any Fee. 
automatic amusement device licensed hereunder, or for anj' 
renewal thereof, shall be twenty dollars. The fee for any 
license issued after January thirty-first in any year shall 

be prorated on the basis of the number of months in which 
the license is to be in force compared with twelve months. 
The fee for every change of premises shall be two dollars. 

(5) Automatic amusement devices licensed under this 
section shall be so installed on the premises described in the 
license as to be in open view at all times while in operation, 
and shall at all times be available for inspection. 

(6) No person keeping or ofi'ering for operation or allow- 
ing to be kept or offered for operation any automatic amuse- 
ment device licensed under this section shall permit the same 
to be used for the purpose of gambling. 

(7) The provisions of section seven of chapter two hun- 
dred and seventy-one of the General Laws shall not apply 
to machines licensed under the provisions of this section. 

(8) Any violation of any provision of this section or of 
chapter one hundred and, thirty-six of the General Laws by 
any person managing or controlling any premises where an 
automatic amusement device licensed under this section is 
kept or offered for operation shall be cause for the revocation 
of all licenses for automatic amusement devices kept or 
offered for operation on such premises. 

Approved May 27 y 191^9. 

An Act empowering the boston traffic commission to nhn^) 362 

PROVIDE BY RULE OR REGULATION FOR THE REMOVAL FROM ^' 

WAYS WITHIN ITS JURISDICTION OF VEHICLES PARKED OR 
STANDING ON SUCH WAYS IN VIOLATION OF LAW. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 263 of the acts of 1929 
is hereby amended by adding at the end of the first sentence 
the following : — , and may, by any rule or regulation 
adopted hereunder, authorize one or more officials of the 
city, including in such term said police commissioner, to 
remove, or cause to be removed, to some convenient place, 
including in such term a public garage, any vehicle parked 
or standing on any such street, wa3% highway, road or park- 
way in violation of any rule or regulation adopted hereunder, 



316 Acts, 1949. — Chaps. 363, 364. 

and impose liability for the cost of such removal, and of the 
storage charges, if any, resulting therefrom, upon the owner 
of such vehicle, — so that the first sentence will read as 
follows: — The commission shall have exclusive authority, 
except as otherwise herein provided, to adopt, amend, alter 
and repeal rules and regulations, not inconsistent with gen- 
eral law as modified by this act, relative to vehicular street 
traffic in the city, and to the movement, stopping or stand- 
ing of vehicles on, and their exclusion from, all or any streets, 
ways, highways, roads and parkways, under the control of 
the city, including rules and* regulations designating any way 
or part thereof under said control as a through way under 
and subject to the provisions of section nine of chapter 
eighty-nine of the General Laws, as amended, and may 
prescribe penalties not exceeding fifty dollars for the viola- 
tion of any rule or regulation adopted hereunder, and may, 
by any rule or regulation adopted hereunder, authorize one 
or more officials of the city, including in such term said 
police commissioner, to remove, or cause to be removed, to 
some convenient place, including in such term a public 
garage, any vehicle parked or standing on any such street, 
way, highway, road or parkway in violation of any rule or 
regulation adopted hereunder, and impose h ability for the 
cost of such removal, and of the storage charges, if any, 
resulting therefrom, upon the owner of such vehicle. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city coun- 
cil of the city of ]3oston, subject to the provisions of its charter, 
but not otherwise. Approved May 27y 1949. 

Chap.SQS An Act authorizing the submission to the voters 

OF THE CITY OF MEDFORD OF A QUESTION RELATIVE TO 
THE ESTABLISHMENT OF KINDERGARTENS IN THE PRIMARY 
SCHOOLS OF SAID CITY. 

Be it enacted, etc., as follows: 

At the regular municipal election in the city of Modford 
in the current year there shall be submitted to the voters 
thereof the following question which shall be printed upon 
the official ballot to be used at said election: — "Shall 
kindergartens be established in the primary schools of the 
city of Medford?" If a majority of the votes in answer to 
said question is in the affirmative, said city shall establish 
kindergartens in the primary schools thereof. 

Approved May 27, 1949. 

Chor).SQ4: An Act relative to the retirement allowance of 

ARTHUR D. MADDEN, A FORMER SCHOOL JANITOR IN THE 
CITY OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden is hereby authorized 
to pay Arthur D. Madden, a former school janitor, a pension 



Acts, 1949. — Chaps. 365, 366. 317 

in the sum of one thousand and twenty-three dollars and 
twenty-five cents per annum, the said sum being ecuiivalent 
to one half the highest annual salary received by said Arthur 
D. Madden as a school janitor. Said payment shall be re- 
troactive to June twenty-sixth, nineteen hundred and forty- 
c^ix, and there shall be deducted from said payments the 
sums heretofore paid to said Arthur D, Madden by said 
city on account of said pension. 

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

Approved May 27, 1949. 

An Act relatrce to the retirement allowance of Qji^jf 355 

JOHN J. MUVPHY, A FORMER SCHOOL JANITOR IN THE 
CITY OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden is hereby authorized 
to pay John J. Murphy, a former school janitor, a pension 
in the sum of eleven hundred and twenty-five dollars and 
seventy-five cents per annum, the said sum being equivalent 
U) one half the highest annual salary received b}' said John 
.J. Murph}'- as a school janitor. Said payment shall be re- 
troactive to April twenty-third, nineteen hundred and 
forty-seven, and there shall be deducted from said payments 
the sums heretofore paid to said John J. Murphy by said 
city on account of said pension. 

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

Approved May 27, 1949. 



An Act relative to the retirement of mart barrows cV/od 366 

FROM service IN THE CAMBRIDGE POLICE DEPARTMENT. ' ' ' 

Be it enacted, etc., as folio tva: 

Section 1. Any provision of general or special law to the 
contrary notwithstanding, Mary Barrows, matron in the 
police department of the city of Cambridge, may, upon her 
written request, be retired with an annual retirement al- 
lowance of one half of the annual salary received by her at 
the time of her retirement. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city, but not 
otherwise. Approved May 27, 1949. 



318 Acts, 1949. —Chaps. 367, 368, 369. 

Chap.SQ7 An Act authorizing the selectmen of the town of 

WEST BRIDGEWATER TO MAKE RULES AND REGULATIONS 
FOR THE USE OF MEMORIAL FIELD FOR ATHLETIC AND 
OTHER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of West Bridge- 
water are hereby authorized to make rules and regulations 
for the use for athletic purposes and other entertainments 
of a public nature of the playground property therein, 
known as Memorial Field, and may allow such field to be 
used for athletic games and other entertainment of a public 
nature, to which an admission fee may be charged. 

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

Approved May 31, 1949. 

C/iap. 368 An Act authorizing the Suffolk savings bank for 

SEAMEN AND OTHERS TO MAKE FURTHER INVESTMENTS 
IN THE PURCHASE AND IMPROVEMENT OF REAL ESTATE 
IN THE CITY OF BOSTON TO BE USED FOR THE TRANS- 
ACTION OF ITS BUSINESS. 

Be it enacted, etc., as follows: 

Section 1. The Suffolk Savings Bank for Seamen and 
Others, incorporated by chapter seventy-three of the acts 
of eighteen hundred and thirty-three, may, subject to the 
approval of the commissioner of banks and for the convenient 
transaction of its business, invest in land and buildings in 
the city of Boston for use in whole or in part as a principal 
or branch office or offices, a sum not exceeding one hundred 
and twenty-five thousand dollars in addition to any sums 
heretofore authorized, and in addition to any sums received 
from any sale or taking of any part of such land or buildings 
in the city of Boston. 

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

Approved May 31, 1949. 

Chav.3Q9 An Act authorizing the board of selectmen of the 

TOWN OF ARLINGTON TO EXERCISE THE POWERS OF SUR- 
VEYORS OF HIGHWAYS, ROAD COMMISSIONERS, WATER 
COMMISSIONERS, SEWER COMMISSIONERS, TREE WARDEN, 
BOARD OF PUBLIC WORKS AND BOARD OF PUBLIC SURVEY; 
INCREASING THE NUMBER OF SAID BOARD OF SELECTMEN 
TO FIVE members; PROVIDING FOR THE APPOINTMENT BY 
SAID BOARD OF SELECTMEN OF AN EXECUTIVE OFFICER; 
AND REQUIRING THE SUBMISSION OF BUDGETS FOR DEPART- 
MENTS OF SAID TOWN BEFORE A CERTAIN DATE. 

Be it enacted, etc., as follows: 

Section 1. The board of selectmen of the town of 
Arlington, as constituted from time to time, from and after 
the first annual election following the acceptance of this act, 



Acts, 1949. — Chap. 369. 319 

shall also have and exercise all the powers, rights, duties and 
liabilities heretofore or from time to time by general law or 
special act vested in or imposed upon surveyors of highways, 
road commissioners, water commissioners, sewer commis- 
sioners, tree warden, board of pubUc works, and board of 
public survey in said town; said board of public works and 
board of public survey, and office of tree warden, shall there- 
upon be abolished. No contracts or habilities in force upon 
the taking effect of this act shall be affected by such abolition, 
and the board of selectmen shall in all respects be the lawful 
successors of the boards and office so abolished. 

Section 2. At the first annual election held in said town 
after said acceptance, the number of selectmen shall be in- 
creased to five. Such increase shall be effected in the follow- 
ing manner: The two members of the board of selectmen 
whose terms have not then expired shall continue as such 
members until the expiration of the terms for which they 
were respectively elected, and at such annual election there 
shall be elected one selectman for one year, one for two 
years, and one for three years; and at each annual election 
thereafter, the town shall elect successors of the members 
whose terms have expired, for the terai of three years. 

Section 3. Upon the assumption of office of the board 
of selectmen in accordance with this act, said board shall 
appoint an executive officer for a term of three years, sub- 
ject to removal for cause by the board of selectmen after 
reasonable notice and an opportunity to be heard at a public 
hearing, and thereafter, upon the expiration of the term of 
office of said executive officer, or in the event of a vacancy in 
said office for any reason, the board of selectmen shall ap- 
point a successor for a term of three years, subject to removal 
as aforesaid. Said executive officer shall be the adminis- 
trative head of all the departments of the town under the 
authority and jurisdiction of the board of selectmen. Said 
executive officer shall be a person especially qualified by 
education, training and experience to perform the duties of 
the office and shall be appointed without regard to political 
affiliations. He may or may not be a resident of the town 
or of this commonwealth when appointed, but shall be a 
resident of the town during his term of office. Before enter- 
ing upon the duties of his office, the executive officer shall 
be sworn to the faithful and impartial performance thereof 
by the chairman of the board of selectmen, by the town clerk, 
or by a justice of the peace, and 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. The executive officer 
shall purchase all supplies, materials and equipment for all 
departments of the town, except books and educational 
supplies for the schools and libraries. He also shall have 
authority to award all contracts for the repair and mainte- 
nance of all town buildings, grounds, and equipment. In 
the event of the temporary incapacity or absence from the 



320 Acts, 1949. ~ Chap. 370. 

town of the executive officer, his authority and duties may 
be exercised and fulfilled by such person as the board of 
selectmen may then designate. 

Section 4. On or before the tenth day of November of 
each year, the executive officer shall submit to the select- 
men a detailed budget in writing of the probable cost of 
operating for the ensuing fiscal year each of the town de- 
partments under the jurisdiction of the board of selectmen. 
Each such budget shall show itemized amounts for personal 
services, expenses and capital outlay. All other departments 
and boards of the town shall prepare similar budgets. Bud- 
gets for all departments of the town shall be placed in the 
hands of the town accountant not later than the twenty- 
fifth day of November of each year and shall be submitted 
by him to the finance committee not later than the first day 
of December of each year. 

Section 5. This act shall be submitted for acceptance 
to the legal voters of said town, present and voting thereon 
bj'' ballot in their respective precincts at the annual town 
meeting on the first Monday in March, nineteen hundred 
and fifty, or at a special town meeting which shall be called 
for the purpose by the board of selectmen not less than 
thirty nor more than sixty days after the filing with the 
town clerk of a petition therefor of not less than five per cent 
of the legal voters of said town. The vote shall be taken in 
precincts by ballot in accordance with the provisions of the 
General Laws, so far as the same may be applicable, in 
answer to the following question, which shall be placed on 
the official ballot to be used at said meeting: 

"Shall an act passed by the general court in the year 
nineteen hundred and forty-nine, entitled: 'An act author- 
izing the board of selectmen of the town of Arlington to 
exercise the powers of surveyors of highways, road commis- 
sioners, water commissioners, sewer commissioners, tree 
warden, board of public works and board of public survey; 
increasing the number of said board of selectmen to five 
members; providing for the appointment by said board of 
selectmen of an executive officer; and requiriini; the submis- 
sion of budgets for departments of said town before a certain 
date', be accepted?" 

If a majority of the votes cast in answer to said question 
is in the affirmative, this act shall take full effect beginning 
with, and for the purposes of, the next annual election; 
otherwise it shall not take effect. 

Approved May SI, 1949. 

ChaV.S70 ^^ ^^"^ RELATIVE TO CERTAIN DEPOSITS AND ACCOUNTS 
IN SAVINGS BANKS, SAVINGS DEPARTMENTS OF TRUST 
COMPANIES, AND CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

EdVi67''§ 10 Chapter 167 of the General Laws is hereby amended by 
amended.' '' Striking out section 16, as appearing in the Tercentenary 



Acts, 1949. — Chaps. 371, 372. 321 

Edition, and inserting in place thoieot the following section: 
— Section 16. Savings banks, trust companies in their Certain 
savings departments and co-operative banks may contract, fc^ounte^S 
on terms to be agreed upon, for the deposit at intervals ^anks^^o- 
within any period of twelve months, of sums of money in operative 
the aggregate not in excess of the statutory limit on deposits ^^^'^' **"• 
in savings banks, and for the payment of interest, if any, 
on the same. A sum thus accumulated, if transferred to 
any regular form of account within fifteen days after the 
date on which money ordinarily begins to draw interest or 
dividends, may, if the depository so provides, draw interest 
or dividends from such prior date. The holders of such 
deposit accounts in co-operative banks shall be deemed 
members of the corporation, with the voting rights of un- 
matured shareholders subject to all existing qualifications 
and limitations in the exercise of such voting rights of un- 
matured shareholders. Ay-proved May 31, 1949. 



An Act establishing a maximum and minimum age nhnrt 371 

LIMIT FOR boxing CONTESTANTS, AND REGULATING BOX- ^ " 

ING IN boys' clubs, SCHOOLS, COLLEGES AND MUNIC- 
IPAL OR STATE PARK OR RECREATIONAL DEPARTMENTS. 

Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 39, as amended by chapter 371 of the ftl! amended^' 
acts of 1948, and inserting in place thereof the following 
section : — Section 39. No contestant under eighteen or Maximum 
over thirty-five shall be permitted to engage in any boxing ^"nin^um ago 
or sparring match or exhibition, except that an amateur f^';,J^„ofl°8, 
boxer shall be allowed to compete as such at the age of 
seventeen. The foregoing shall not apply to courses of in- 
struction in boxing, boxing or sparring matches or exhibitions, 
sponsored and conducted by recognized boys' clubs, schools 
or colleges, or by municipal or state park or recreational 
departments, under the supervision of qualified instructors 
and directors. No person under sixteen shall be admitted 
to or be present at any professional boxing or sparring match 
or exhibition unless accompanied by an adult. 

Approved May 31, 191^9. 



contestants. 



An Act relative to allowances for certain expenses (Jhn^ 379 

IN THE CASE OF CERTIFICATIONS TO THE SUPERIOR COURT ^' 

UNDER THE W^ORKMEn's COMPENSATION LAW. 

Be it enacted, etc., as follows: 

Section 11 A of chapter 152 of the General Laws, inserted gi^^. (Ter. 
by chapter 444 of the acts of 1945, is hereby amended by § Via, etc., 
adding at the end the following sentence: — If any party ETens^etin 
in interest presents certified copies to the superior court cases of 
under the provisions of section eleven for the purpose of tr^om-^!'°° 
enforcing decisions of the board or a member made in his 



322 Acts, 1949. — Chaps. 373, 374. 

favor, the court shall likewise allow such party the fees, 
briefs and expenses provided for by this section. 

Approved May 31, 1949. 



Chap. S7S -^^ ^^"^ AUTHORIZING THE TOWN OF NANTUCKET TO PAY 
AN ANNUITY TO HARRIET C. WILLIAMS, A FORMER SCHOOL 
TEACHER IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, and in consideration of her long and efficient service 
as a school teacher in the town of Nantucket, said town 
may appropriate and pay an annuity of five hundred dollars 
to Harriet C. Williams for the purpose of supplementing 
the retirement allowance being received by her. 

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

Approved June 2, 1949. 



Chap.S74 An Act further authorizing savings banks to invest 
in real estate mortgages insured by the federal 
housing administrator. 

Emergency Whereas, The deferred operation of this act would tend 

preamble. ,_.' ,.,. ,, . ,. 

to defeat its purpose, which is to enable savings banks to 
invest in real estate mortgages insured by the federal housing 
administrator, 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: 

Ed\ ili^new Chapter 168 of the General Laws is hereby amended by 
§ 54A, added, inserting after section 54 the following section : — Sec- 
banlTmav ^'^^^ ^^^ ' ^^ addition to the provisions contained in section 
invest in real fifty-oue of chapter onc hundred and sixty-seven, and in 
mortgages addition to the limitation concerning mortgage loans secured 
fedlSafhi'usin ^^ ^^^^ cstate located in states contiguous to the common- 
administrator, wealth as contained in Clause First of section fifty-four, and 
subject to regulations made by the commissioner of banks, a 
savings bank may invest not more than ten per cent of its 
deposits or fifty per cent of the aggregate book value of real 
estate loans outstanding at the date of such investment 
granted on properties located within the commonwealth 
whichever is the lesser, and without restriction as to the 
locations of properties securing loans, in mortgage loans of 
which the notes have been endorsed for insurance by the 
federal housing administrator, or combined with secondary 
mortgages guaranteed in full by the United States of America 
through the Servicemen's Readjustment Act of 1944, as 
amended. Nothing herein contained shall be construed as 
permitting a savings bank to invest more than seventy 
per cent of the whole amount of deposits in first mortgages 
of real estate. Approved June 2, 1949. 



Acts, 1949. ~ Chaps. 376, 376. 323 

An Act relative to a right of way for public access Chav.S75 

TO WHITE pond IN THE TOWNS OF CONCORD AND SUDBURY. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 294 of the acts of 1947 
is hereby amended by inserting after the word "out", in 
line 2, the words : — and construct, — so as to read as 
follows : — Section 1 . The county commissioners of Middle- 
sex county are hereby authorized and directed to lay out 
and construct in the town of Concord a right of way for 
public access to White pond in the towns of Concord and 
Sudbury, in accordance with plans to be approved by the 
department of public works and showing the location and 
dimensions of such right of way, but such right of way shall 
not cross the location of any railroad. If it is necessary to 
acquire land for the purpose of laying out such right of way 
said county commissioners shall at the time such right of 
way is laid out take such land by eminent domain under 
chapter seventy-nine of the General Laws. Any person 
sustaining damages in his property by the laying out of such 
right of way, or by specific repairs or improvements thereon, 
shall be entitled to recover the same under said chapter 
seventy-nine; provided, that the right to recover damages, 
if any, by reason of the laying out of such right of way, shall 
vest upon the recording of the order of taking by said county 
commissioners and that no entry or possession for the pur- 
pose of constructing a public way on land so taken shall be 
required for the purpose of validating such taking or for 
the payment of damages by reason thereof. 

Section 2. For the purposes of this act, the county com- 
missioners of the county of Middlesex may expend not more 
than two thousand dollars, and bills for work done may be 
paid by the treasurer of said county, when approved by the 
county commissioners, out of any available funds. The 
said sum shall be included inf the appropriations for the 
current year for said county. 

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

Approved June 2, 1949. 



An Act relative to the use by the city of malden of 
the proceeds of certain loans. 

Be it enacted, etc., as follows: 

Section 1. The sum of seventy thousand dollars is 
hereby authorized to be transferred by the city of Maiden 
from the New Dartmouth Street Parking Place Bond Re- 
ceipts Account, said bond receipts being the proceeds of a 
loan of an abandoned project under section twenty of chap- 
ter forty-four of the General Laws, and appropriated for re- 
modeling, reconstructing and making extraordinary repairs 
on public buildings subject to the approval of the Emer- 



C/iap.376 



324 Acts, 1949. — Chaps. 377, 378. 

gency Finance Board, established by chapter forty-nine of 
the acts of nineteen hundred and thirty-three. 

Section 2. Any action taken by the city of Maiden 
relative to the use of the aforesaid sum or any part thereof 
in the current year, prior to the effective date of this act, 
without the approval of said Emergency Finance Board, is 
hereby ratified, validated and confirmed as though this act 
had been in effect at the time such action was taken. 

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

Approved June 2, 1949. 

C ho p. S77 An Act relative to the pensions of laborers employed 

BY the city of boston AND RETIRED UNDER A CERTAIN 
SPECIAL LAW, 

Be it enacted, etc., as follovjs: 

Section 1. Section 2 of chapter 413 of the acts of 1911, 
as'most recently amended by chapter 63 of the Special Acts 
of 1915, is hereby further amended by striking out all after 
the word "service" in line 6, down to and including the 
word "year", in line 11, — and by adding at the end the 
following sentence: — An annual pension of six hundred 
dollars for the remainder of his life shall be paid to any 
laborer retired under the provisions of this section. 

Section 2. This act shall apply to the pensions of 
laborers retired under said chapter four hundred and thir- 
teen, as amended, prior|to and^after the effective jdate of 
this act. 

Section 3. This act shall take full effect upon its accept- 
ance by vote of the city council of the city of Boston, subject 
to the provisions of its charter, but not otherwise. 

Approved June 2, 1949. 

Ch(lV.S7S ^^ ^^'^ "^^ AUTHORIZE CO-OPERATIVE CORPORATIONS TO 
ENGAGE IN THE PROVISION OR MANAGEMENT OF HOUSING 
FOR THEIR MEMBERS, TO HOLD DISTRICT MEMBERSHIP 
MEETINGS, AND TO ELECT DELEGATES TO LIMITED 
MEMBERSHIP MEETINGS. 

Be it enacted, etc., as follows: 

%d)' ilf\ 3 Section 1. Section 3 of chapter 157 of the General Laws, 
araeAded." ' ' as appearing in the Tercentenary Edition, is hereby amended 
by striking out the second sentence and inserting in place 
Word ;>o- thereof the following sentence: — The word "co-operative" 
brpart'of the shall fomi a part of the name of the corporation, and, for the 
name of the purposcs of this aud sections three A to nine, inclusive, the 

corporation. '^ ^, /, .... ,, n ^/ i ii n - , o 

words "association", "company", "exchange , "society 
and "union", shall have the same signification and shall 
import a corporation. 
G. L. (Ter. SECTION 2. Said chapter 157 is hereby further amended 

fll'. idded^'" by inserting after section 3 the following new section: — 
Incorporation Scction 3 A. Scvcn or more persons, residents of the com- 
ftLociatfonsTo moDwealth, may associate themselves as a corporation. 



Acts, 1949. — Chap. 378. 325 

association, society or company to conduct within the com- conduct a 
monwealth a housing business on the co-operative plan, in- bu^ness. etc. 
eluding the buying, selling, leasing, construction or re- 
habilitation of dwellings, together with appurtenant f acihties, 
for the members of such co-operative corporation. Such 
facilities appurtenant to the provision of dwellings shall 
include use of land and buildings for business, commercial, 
cultural or recreational purposes related to such dwellings. 
The words "co-operative" and "housing" shall form a part 
of the name of the corporation, and, for the purposes of this 
and sections four to nine, inclusive, the words "association", 
"company", "society" and "union", shall have the same 
signification and shall import a corporation. The corporation 
shall be formed as provided in chapters one hundred and 
fifty-five and one hundred and fifty-six, with shares having 
par value, and shall be subject to the provisions thereof so 
far as consistent with said sections. 

Section 3. Said chapter 157 is hereby further amended ^j^Uy'^'^^ 
by striking out section 4, as so appearing, and inserting in amended.' ' 
place thereof the following section: — Section 4. The capital Capital stock. 
stock of a co-operative corporation formed under section 
three or section three A shall not be less than one hundred 
dollars nor more than six hundred thousand dollars. No 
stockholder shall own shares of a greater par value than one 
tenth of the total par value of the capital stock issued and 
outstanding, nor shall any member be entitled to more than 
one vote on any subject arising in the management of the 
corporation. 

In addition to the powers granted by section thirteen of ^|f^-fj° f ^-^^ 
chapter one hundred and fifty-six, any corporation organized association 
under section three or section three A may provide in its ^bleet 
by-laws for the election of directors and other officials by matter of 
unit or district or by mail ballot; for a method of member- 
ship representation by annual election of delegates to represent 
proportionately the members of such units or districts in the 
membership meeting of the corporation, and shall hear 
reports of and instruct the delegates on the policy and business 
of the corporation. The agreement of association or the 
articles of organization shall be altered or amended, and the 
by-laws shall be altered, amended or repealed, if the delegate 
type of membership meeting is adopted by &ny such corpora- 
tion, only after notice of the proposed action is given in the 
call for the annual meetings of the units or districts at which 
the delegates are to be elected to the membership meeting of 
the corporation, or in the call for the annual election of such 
delegates if the vote is to be taken by mail ballot, and only 
upon vote of two thirds of the delegates eligible to vote at 
such membership meeting. Special meetings of the units or 
districts may be demanded by written petition of at least 
one tenth of the membership of any such unit or district for 
the purpose of instructing its delegate or delegates on ques- 
tions concerning the operation and business of the corporation, 
in which case it shall be the duty of the clerk or secretary of 



326 



Acts, 1949. — Chap. 379. 



G. L. (Ter. 

IvLi, lo7, § C. 
aiMPiided. 
Apportionment 
of earnings. 



G. L. (Ter. 
Ed.), 157, § 6, 
further 
amended. 

Same subject. 



G. L. (Ter. 
Ed.), l.-)7, §9, 
amended. 



Fee for 
filing articles 
of organi- 
/.ation. 



the corporation to call such unit or district meeting or meet- 
ings to take place within thirty days after such demand. The 
minutes of such unit or district meeting shall be forwarded 
by the clerk or secretary of such meeting to the clerk or 
secretary of the corporation and be kept at the principal 
place of business in the commonwealth. 

Section 4. Section 6 of said chapter 157, as so appear- 
ing, is hereby amended by striking out the first two lines and 
inserting in place thereof the following : — The directors of 
every corporation formed under section three or under section 
three A shall apportion its earnings in the following manner : 
Section 5. Said section 6 is hereby further amended by 
striking out the paragraph numbered 4 and inserting in place 
thereof the following paragraph : — 

4. The directors shall distribute the remainder of such 
earnings or any part thereof by a uniform dividend upon the 
amount of purchases or rents or sales of shareholders, through 
the corporation, and, if the directors so vote, upon the amount 
of wages earned and paid to employees, except that in the 
case of a purchaser not a shareholder, who desires to become 
such, a dividend of one half the uniform dividend may be 
declared upon such non-shareholder's purchases, or rents 
or sales and credited to him on account of the purchase of 
stock for which he may subscribe. In productive corpora- 
tions, including creameries, canneries, storages, factories 
and the like dividends shall be calculated on raw materials 
delivered to the corporation instead of on goods purchased. 
If the corporation be both a purchasing and a selling, or a 
productive concern, the dividends may be on both raw ma- 
terial and on goods purchased. The profits or net earnings 
of such corporation shall be distributed to those entitled 
thereto at such times as the by-laws prescribe, but at least 
once in every twelve months. 

Section 6. Section 9 of said chapter 157, as so appear- 
ing, is hereby amended by inserting after the word "three", 
in line 2, the words: — or section three A, — so as to read 
as follows: — Section 9. The fee for filing the articles of 
organization required by section three or section three A, 
including the issuing by the state secretary of the certificate 
of incorporation, shall be one twentieth of one per cent of the 
total amount of the authorized capital stock as fixed by the 
articles of organization, but in no case less than five dollars. 

Approved June 2, 1949. 



Chap. 379 An Act relative to the tenure of office of the second 
assistant clerk of the supreme judicial court for 

the county of SUFFOLK. 

Be it enacted, etc., as follows: 

Section 5 of chapter 221 of the General Laws, as most 
recently amended by section 2 of chapter 336 of the acts of 
1943, is hereby further amended by striking out the sixth 
paragraph and inserting in place thereof the f ollo^ving : — 



G. L. (Ter. 
Ed.), 221, § .-,, 
etc., amended. 



Acts, 1949. — Chaps. 380, 381. 327 

Suffolk, by the clerk of the superior court for criminal f^g'^^^^^j 
business, assistant clerks pro tempore or for the term of one ciVrk of 
year, subject to removal by the court or by the clerk; and judf^Ti^ourt. 
by the clerk of the supreme judicial court for said county a 
second assistant clerk, designated from his office force, and 
said second assistant clerk appointed under the authority 
of this paragraph who shall hold such office during good be- 
havior, but subject to applicable retirement laws, and may 
be removed by the clerk for cause shown, subject to a review 
by a petition in the district court within the territorial juris- 
diction in which he resides praying that such action of the 
clerk and his decision be reviewed by the court. After such 
notice as the court deems necessary, it shall review such 
action and decision, hear any and all evidence and determine 
whether such action was justified. If the court finds that 
such action was justified, the decision of the clerk shall be 
affirmed; otherwise, it shall be reversed and of no effect. If 
the court finds that he was unjustifiably retired, removed, 
or discharged from his office or position, he shall be rein- 
stated thereto without loss of compensation. The decision 
of the court shall be final. Approved June 2, 19^9. 



Chap.SSO 



An Act providing for a retirement allowance for 

AMELIA o'lEARY OF DRACUT. 

Be it enacted, etc., as follows: 

Amelia O'Leary, of Dracut, may redeposit in the annuity 
savings fund of the Middlesex county retirement system 
the sum of one hundred and eighty-nine dollars and sixty- 
four cents, which was the sum of the accumulated deductions 
standing to the credit of Vincent D. O'Leary, an employee 
of the town of Dracut, and a member of the said retirement 
system at the time of his death. Such redeposit shall be 
made within ninety days from the effective date of this act. 
Upon the receipt of said sum, the Middlesex county retire- 
ment board is hereby authorized and directed to grant to 
said Amelia O'Leary a retirement allowance to be computed 
under the provisions of, and to be effective as provided by, 
Option (c) of subdivision (2) of section twelve of chapter 
thirty-two of the General Laws, in the same manner as if 
said Vincent D. O'Leary had elected said option before his 
death. Approved June 2, 1949. 

An Act providing for the establishment of salaries nur^j. ooi 

OF COURT OFFICERS IN ATTENDANCE UPON THE MUNICIPAL ^'''"P'^^^ 
COURT OF THE CITY OF BOSTON. 

Be a enacted, etc., as follows: 

Chapter 218 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 82A, inserted by section 1 of chapter ^82X^1?;- 
486 of the acts of 1945, and inserting in place thereof the amended.' ' 
following section: — Section 82 A. Each officer in attendance Salaries of 
upon the municipal court of the city of Boston who is ap- ''®'=e''s of 



328 Acts, 1949. — Chaps. 382, 383. 

municipal pointed Under section sixty-one shall receive from the county 
Son. of Suffolk in full for all services performed by him such 

salary as shall be fixed by the justices of such court. 

Approved June 2, 1949. 

Chap. 3S2 An Act to authorize the town of abington to bor- 
row MONEY FOR THE PURPOSE OF ACQUIRING LAND AND 
constructing, equipping and FURNISHING A SCHOOL 
BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing a school building and originally furnishing and 
equipping the same, the town of Abington 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 of the town therefor which 
shall bear on their face the words, Abington School Loan, 
Act of 1949. 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 and 
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 take effect upon its passage. 

Approved June 7, 1949. 

C hap. SS3 An Act authorizing the county commissioners of 

WORCESTER COUNTY TO ACCEPT FUNDS FROM THE FEDERAL 
government FOR THE DISCONTINUANCE OF COUNTY ROADS 
IN ROYALSTON AND TO EXPEND SUCH FUNDS. 

Be it enacted, etc., as follows: 

Section L The county of Worcester, acting by the 
county commissioners, may accept a sum of money from 
the federal government as consideration for the discontinu- 
ance of a part of the Warwick road, a county road in the 
town of Royalston, in order to assist in the development of 
the Tully river flood control project under construction in 
said town. Any sum received by the said county may be 
expended under the direction of said county commissioners 
for the purpose of relocating Warwick road and constructing 
the highway so relocated. If funds remain unexpended 
after the completion of the construction of the road as relo- 
cated, such funds may be expended by said commissioners 
for the relocation or reconstruction of other roads in said 
town affected by the Tully river flood control project or by 
the Birch Hill flood control project constructed by the 
federal government. 

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

Approved June 7, 1949. 



Acts, 1949. — Chaps. 384, 3S5. 329 



An Act relative to the granting of vacations for QfiQ-n 3§4 

MEMBERS OF THE REGULAR OR PERMANENT POLICE AND 
FIRE FORCES IN CERTAIN CITIES AND TOWNS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is in part to make available to cer- p'"'^^"''"''' 
tain police officers and firemen the benefits thereof during the 
vacation period in the current year, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by in- o. l. (Ter. 
serting after section lllC, inserted by chapter 348 of the acts fuiD/rided. 
of 1945, the following section: — Section HID. In any city Vacations for 
or town which accepts this section, all members of its regular Fo°rces.°'^ ^'^^ 
police or fire force may be granted a vacation without loss of 
pay. Such vacations shall be computed in the following man- 
ner: — 

For five years' service, but less than ten years' service, a 
vacation of three weeks. 

For ten years' service or more, a vacation of four weeks. 

Section one hundred and eleven shall not apply to the mem- 
bers of the regular or permanent police or fire force in any 
such city or town. Approved June 7, 1949. 

An Act authorizing the metropolitan district com- nhr^j. oqk 

MISSION TO SELL WATER TO ANY INSTITUTION, AGENCY P-<J^O 

OR INSTRUMENTALITY OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (3) of section 10 of chapter 92 of E^j^g^J^I-^o 
the General Laws, as amended, is hereby further amended by etc.'. 'amended', 
striking out, in line 5, as appearing in section 1 of chapter 587 
of the acts of 1945, the words "concentration camp" and 
inserting in place thereof the words : — institution, agency Or 
facility, — so as to read as follows : — 

(3) The commission, subject to all the provisions relating Saie of water 
to the construction, operation and maintenance by it of a govlrnment 
water supply system set forth in this chapter, may sell and approved. 
deliver -water from any of the reservoirs or aqueducts of the 
metropolitan water system to any institution, agency or 
facility established in the commonwealth by the United States 
or by any agency or instrumentality of the United States, or 
to any agency or instrumentality of the commonwealth or of 
any county thereof, and lay and maintain pipe lines and other 
works necessary therefor, upon terms and conditions to be 
agreed upon by the duly authorized officer or representative 
of the United States government, or of the commonwealth 
or of any county thereof, as the case may be, and the com- 
mission; and may sell and dehver water from any of the 
reservoirs or aqueducts of the metropolitan water system to 
any town or group of towns not eligible to membership be- 



330 



Acts, 1949. — Chap. 386. 



Emergency 
preamble. 



cause of location wholly more than fifteen miles from the 
state house, or because otherwise not within reasonable reach 
of the distribution system as provided in paragraph (1) of 
this section, to any water company, or to any water, fire or 
fire and water district, authority to purchase the same being 
hereby granted, and may lay and maintain pipe hnes and 
other works necessary therefor upon terms and conditions to 
be mutually agreed upon by the commission and said town or 
group of towns, water company or district. 

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

, Approved June 7, 1949. 

ChaV.SSQ -^N -^^'^ FURTHER REGULATING THE TIME OF PAYMENT OF 
THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF 
THE COMMONWEALTH. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to make available forthwith to 
the employees of the commonwealth the provisions hereof, 
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: 

Chapter 29 «f the General Laws is hereby amended by 
striking out section 31, as most recently amended by section 1 
of chapter 580 of the acts of 1946, and inserting in place 
thereof the following section : — Section SI . Salaries payable 
by the commonwealth shall, unless otherwise provided, be 
paid on the first day of each month, and shall be in full for all 
services rendered to the commonwealth by the persons to 
whom they are paid. Weekly advances on account of salaries 
shall be made upon request of any employee, under such regu- 
lations as the state treasurer may prescribe, not exceeding 
the proportion of salary then due. No salary shall be paid 
to any person for a longer period than that during which he 
has been actually employed in the duties of his office. If a 
salary shall be diminished, no greater rate shall be paid be- 
cause of any previous appropriation therefor. Notwithstand- 
ing the foregoing provisions of this section, the annual salary 
of each teacher and each supervisor employed in any school 
or college within any department of the commonwealth, 
whose regular service is rendered from September first to 
June thirtieth, shall be for his service for the number of weeks 
estabhshed by the department for such school to be in session 
during said period, payable, however, in equal instalments on 
the first day of each month, and the amount earned and un- 
paid at the time of his resignation, retirement, death or entry 
on leave of absence shall be paid forthwith to the persons 
entitled thereto, and advances of pay may be made to any 
state officer or employee in advance of his regular vacation 
to the extent of the pay to which he is about to become 
entitled during such vacation period under such regulations 
as the state treasurer may prescribe. 

Approved June 7, 1949. 



G. L. (Ter. 
Ed.), 29, § 31, 
etc., amended. 



Time of 
payment of 
salaries of 
certain 
employees of 
the common- 
wealth. 



Acts, 1949. — Chaps. 387, 388. 331 



An Act providing for extensions of the boundaries Qfidj) 337 

OF THE HADLEY WATER SUPPLY DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Upon a petition in writing addressed to the 
board of water commissioners of the Hadley Water Supply- 
District in the town of Hadley 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 water commissioners shall cause a duly 
warned meeting of the district to be called, at which meeting 
the voters may vote on the question of including said real 
estate within the district. If a majority of the voters present 
and voting thereon vote in the affirmative, the district clerk 
shall within ten days file with the town clerk of said town and 
with the state secretary an attested copy of said petition and 
vote, and thereupon said real estate shall become and be part 
of the district and shall be holden in the same manner and to 
the same extent as the real estate included within said dis- 
trict at the time of the passage of this act. 

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

Approved June 7, 1949. 

An Act authorizing certain sidewalk assessments in (Jhn^ Qcc 

THE TOWN OF WAKEFIELD AND VALIDATING CERTAIN ACTS ^' 

RELATIVE THERETO. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
two of chapter eighty and section twenty-seven of chapter 
eighty-three of the General Laws, the recording in Middlesex 
registry of deeds, South district, between June eleventh and 
June twenty-sixth, nineteen hundred and forty-eight, both 
dates inclusive, of orders, as provided in section two of said 
chapter eighty, or statements as provided in section twenty- 
seven of said chapter eighty-three, stating betterments to be 
assessed or sidewalks to be established or reconstructed on 
the following public ways in the town of Wakefield, namely: 
— Aborn avenue, Bellevue avenue, Crosby road, Davidson 
road, Fosters lane, Gerard street. Line road. Morel circle, 
Oakland road, Outlook road, Perham street, Sherman road, 
Sylvan avenue and Woodland road, shall be valid, in so far 
as they may be invalid by reason of not having been filed in 
said registry within the time limit provided by law. Assess- 
ments for said betterments and sidewalks may be levied and 
committed in accordance with the provisions of said chapters 
eighty and eighty-three, except as otherwise provided by 
this act. 

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

Approved June 7, 1949. 



332 Acts, 1949. — Chaps. 389, 390, 391, 



Chap.SS9 An Act providing for the adjustment of retirement 

ALLOWANCE OF ELIZABETH M. MAHONEY OF WORCESTER. 

Be it enacted, etc., as follows: 

The retirement allowance of Elizabeth M. Mahoney of 
Worcester, formerly an employee of Belmont hospital in said 
city, who has recently retired, is hereby increased from ten 
dollars and eleven cents per month, which she is now receiv- 
ing, to one half her regular compensation at the time of her 
retirement. Approved June 7, 1949. 

Chap.S90 An Act authorizing an increase of the salary of 

THE MAYOR OF THE CITY OF GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter 611 of the acts of 1908 is hereby 
amended by striking out section 19 and inserting in place 
thereof the following : — Section 19. For each municipal 
year until otherwise ordered by the municipal council, the 
annual salary of the mayor shall be eighteen hundred dollars 
and the salary of each alderman shall be one thousand dollars. 
These salaries may be changed by any municipal council, to 
take effect in the next municipal year thereafter, but the 
amounts shall not exceed forty-five hundred dollars for the 
salary of the mayor nor fifteen hundred dollars for the salary 
of each alderman. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Gloucester at its regular 
city election in the current year in the form of the following 
question which shall be placed upon the official ballot to be 
used at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and forty-nine, entitled 
'An Act authorizing an increase of the salary of the mayor of 
the city of Gloucester', 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 June 7, 1949. 

Chap. 391 An Act relative to the sale of alcoholic beverages 

BY INNHOLDERS HOLDING SEASONAL LICENSES. 

Be it enacted, etc., as follows: 

Kd^' las'i 12 Section 12 of chapter 138 of the General Laws, as amended, 
eto.', amended.' is hereby further amended by adding at the end of the second 
sentence of the first paragraph the following: — , and, in the 
case of innholders holding seasonal hcenses, in the dining 
room or dining rooms and in such other public rooms or areas 
of buildings on the same premises as the hotel and operated 
as appurtenant and contiguous to and in conjunction with 
such hotel and to registered guests occupying private rooms 
in such buildings. Approved June 7, 1949. 



Acts, 1949. — Chaps. 392, 393. 333 



An Act authorizing savings banks to become members Qhav 392 
OF or contribute to certain organizations. 

Be it enacted, etc., as follows: 

Section 57 of chapter 168 of the General Laws, as most idV'i^s^ss? 
recently amended by section 1 of chapter 61 of the acts of etc.". 'amended.' 
1945, is hereby further amended by inserting after the second 
sentence thereof the following sentence : — Any such corpora- 
tion may also become a member of or contribute to associa- 
tions in the commonwealth, and subscribe to services, other 
than the associations and services hereinabove mentioned, if, 
in the opinion of said board and the commissioner of banks, 
such membership, contributions or services are reasonable 
and of substantial benefit to the bank and its depositors, — 
so as to read as follows: — Section 67. Any such corporation, savings 
by vote of its board of investment, may become a member of bec^^''^ 
an association or associations organized for the purpose of members of 
protecting and promoting the interests of savings banks and to certain" * 
other banks, and may subscribe to a service or services es- o''ga'"»»ti<""- 
tablished to protect or conserve the assets of banks, and may 
pay to such association or associations or for such a service or 
services its proportionate share of the expenses thereof, if in 
the opinion of the board of investment of such corporation 
such expenses are reasonable and necessary. Any such cor- 
poration may also by like vote contribute such sum or sums 
of money as said board may determine to be reasonable to 
any general fund being raised by a relief committee or agency 
approved by the commissioner of public welfare as evidenced 
by a writing filed in his office, and formed for the purpose of 
raising money to be used for the betterment of social and 
economic conditions in the community where such corpora- 
tion is established. Any such corporation may also become 
a member of or contribute to associations in the common- 
wealth, and subscribe to services, other than the associations 
and services hereinabove mentioned, if, in the opinion of said 
board and the commissioner of banks, such membership, 
contributions or services are reasonable and of substantial 
benefit to the bank and its depositors. No such corporation 
shall expend in the aggregate for the purposes mentioned in 
this section in any one fiscal year, as determined by the com- 
missioner of banks, more than one half of one per cent of its 
income for the next preceding fiscal year, as so determined. 

Approved June 7, 1949. 

An Act relative to the salaries of the board of nf,^^ qoQ 

ASSESSORS of THE CITY OF BOSTON. K^lhU/p.O O 

Be it enacted, etc., as follows: 

Section 1. Chapter 93 of the Special Acts of 1918 is 
hereby amended by striking out section 2 and inserting in 
place thereof the following section: — Section 2. The mayor 
of the city shall appoint, and may at any time remove, in 



334 Acts, 1949. — Chaps. 394, 395. 

accordance with the provisions of chapter four hundred and 
eighty-six of the acts of nineteen hundred and nine, five 
assessors to hold office for terms of one, two, three, four, and 
five years, respectively, from the first day of April in the year 
nineteen hundred and thirty-eight. As the term of each 
assessor expires, the mayor in hke manner shall appoint his 
successor for a term of five years from the first day of April 
in the year of appointment. The mayor shall also fill any 
vacancy for the unexpired term. The mayor shall designate 
the chairman of the board who shall receive an annual salary 
of eight thousand dollars; the four other members of the 
board shall each receive an annual salary of sixty-five hun- 
dred dollars. 

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

Approved June 7, 1949. 

Chap, 394: An Act relative to the filing of certain reports 

WITH THE COMMISSIONER OF LABOR AND INDUSTRIES 
BY LABOR UNIONS. 

Be it enacted, etc., as follows: 

Chapter 618 of the acts of 1946 is hereby amended by strik- 
ing out section 2 and inserting in place thereof the following 
section : — Section 2. The president and secretary of each 
labor union having a membership of more than fifty shall file 
annually with the commissioner of labor and industries, in 
such form as the commissioner may prescribe, a report show- 
ing the total of its receipts of any kind and the sources of such 
receipts, and the disbursements made by it, during its last 
fiscal year. If any labor union files a financial statement with 
the department of labor of the United States, the filing of a 
duphcate of such statement with said commissioner shall be 
sufficient to meet the requirements of this section. 

Approved June 7, 1949. 

Chap.S95 An Act requiring the making of microphotographic 

PROCESS COPIES OF ALL RECORD BOOKS, CERTIFICATES 
OF TITLE AND OTHER INSTRUMENTS IN THE REGISTRIES 
OF DEEDS, AND RELATIVE TO THE DESTRUCTION OF ALL 
ORIGINAL INSTRUMENTS IN SAID REGISTRIES. 

Be it enacted, etc., as follows: 

EdV"36.%'i5. Section 1. Chapter 36 of the General Laws is hereby 

amended. ' amended by striking out section 15, as appearing in the 

Tercentenary Edition, and inserting in place thereof the fol- 

^co^g^ lowing: — Section 15. He shall record all instruments upon 

infltruments the pagcs of the rccord books in fair and legible handwriting 

Scr^hotl^ or in print, and in continuous successive lines, and shall note 

graphic copies, q^ ^j^g record, before attesting the same, all erasures and 

interlineations and the value of any stamp affixed thereto 

pursuant to federal law, and the cancellation thereof, and he 



Acts, 1949. — Chap. 396. 335 

shall make duplicate microphotographic process copies of all 
books in his registry in which deeds, certificates of title and 
other instruments have been recorded or entered. 

Section 2. Section 8 of chapter 66 of the General Laws, g. l. (Xer. 
as amended by chapter 128 of the acts of 1943, is hereby etc!. 'amended, 
further amended by inserting after the word "law" in the 
last line the words : — , and he may destroy all original in- 
struments left for record and not called for within five years 
after the recording thereof, — so as to read as follows : — 
Section 8. Every original paper belonging to the files of the Preservation 
commonwealth, or of any county, city or town, bearing date books, papers, 
earlier than the year eighteen hundred, every book of registry ^"^ records. 
or record, every town warrant, every deed to the common- 
wealth or to any county, city or town, every report of an 
agent, officer or committee relative to bridges, public ways, 
sewers or other state, county or municipal interests or matters 
not required to be recorded in a book, and not so recorded, 
shall be preserved and safely kept, and every other paper be- 
longing to such files shall be kept for seven years after the 
latest original entry therein or thereon, unless otherwise pro- 
vided by law; and no such paper shall be destroyed without 
the written approval of the supervisor of records. Notwith- 
standing the foregoing, the register of deeds in any county 
may, without such written approval, destroy any papers 
pertaining to attachments or to the dissolution or discharge 
thereof in the files of his office following the expiration of 
twenty years after the latest original entry therein or thereon, 
unless otherwise specifically provided by law, and he may 
destroy all original instruments left for record and not called 
for within five years after the recording thereof. 

Section 3. Every register of deeds shall, not later than Registers of 
January first, nineteen hundred and fifty, commence the begin miCTo- 
making of microphotographic process copies of all books in ^f^°emfjf^'°^ 
his registry in which deeds, certificates of title and other records before 
instruments have been recorded or entered prior to the 1950.'^'^^ ' 
effective date of this act. Approved June 7, 1949. 



An"^ Act authorizing the town of wakefield to 
release to the first parish in wakefield a certain 
parcel of land on church street, wakefield. 

Be it enacted, etc., as folloivs: 

The town of Wakefield is hereby authorized to release to 
The First Parish in Wakefield, free from all encumbrances, 
restrictions, conditions, and public rights and uses, the whole 
or any portion of a certain parcel of land in said Wakefield 
bounded and described as follows : — 

Southerly by Church street by two lines measuring, re- 
spectively, one hundred and ninety-one and seventy-one one- 
hundredths feet, and thirteen and forty-nine one-hundredths 
feet; 

Southeasterly by the intersection of Church street and Lake 
avenue, twenty-four and five one-hundredths feet ; 



Chap.S96 



336 Acts, 1949. — Chaps. 397, 398. 

Easterly by Lake avenue, three hundred and thirty-two 
and seventy-one one-hundredths feet; 

Northerly by Spaulding street, ninety and ninety-seven 
one-hundredths feet; 

Westerly by land now or formerly of Riley, one hundred 
and sixty-nine and three one-hundredths feet; 

Northerly by said Riley land, eighty-eight and thirteen 
one-hundredths feet; 

Westerly by land of town of Wakefield by two lines measur- 
ing, respectively, one hundred and forty-nine and seventeen 
one-hundredths feet, and sixty-seven and eleven one-hun- 
dredths feet; 

Said parcel is shown on a plan marked Plan of Land First 
Congregational Church Wakefield, Massachusetts, dated 
December 10, 1948, by C. O. Baird, Registered Engineer. 

Approved June 7, 1949. 

C/?ar). 397 ^^ ■^^'^ regulating the employment of temporary 

LABORERS, CHAUFFEURS AND WORKMEN BY THE STATE 
DEPARTMENT OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

(',. L. (Ter. Section 4 of chapter 31 of the General Laws, as amended, 

etc. 'amended, is hereby'' further amended by striking out the paragraph 
added by section 1 of chapter 627 of the acts of 1941 and in- 
serting in place thereof the following : — 
Trapioyees "^^^ IshoT service of the state department of public works 

to be except: (1) Laborers and chauffeurs employed between 

excepte . November fifteenth and April fifteenth to be used in connec- 

tion with the removal of snow and the sanding of slippery 
surfaces with the incidental work thereto on the highways of 
the commonwealth, such employment in each case not to 
exceed a total of ninety days within that period, and such 
employees shall not be used to do work performed by regular 
employees when available and able to perform the work satis- 
factorily; (2) Such temporary employees as required during 
and following a disaster or period of extreme danger when 
and as authorized by the governor, but not to exceed ninety 
days. Preference shall be given to veterans in making ap- 
pointments and employing persons under the provisions of 
clauses (1) and (2) of this paragraph. 

Approved June 7, 1949. 

Chap.S9S An Act relative to the military rights of persons 
IN the militia, the land i forces and the naval 

FORCES of the COMMONWEALTH. 

Be it enacted, etc., as follows: 

Ed^'AI^new Section 1. Chapter 33 of the General Laws is hereby 

§ ia', added, amended by inserting after section 1 the following section: — 

rightTif Section lA. No person shall be denied the enjoyment of any 

peraons in military right, or be discriminated against in the exercise of 



Acts, 1949. — Chaps. 399, 400, 401. 337 

any military right, or be segregated in such militia, land forces mUitary 
or naval forces, because of race, color or national origin. commo°n wealth. 

Section 2. This act shall take effect on March first, nine- Effeetive date. 
teen hundred and fifty. Approved June 7, 1949. 



Chap.S99 



An Act authorizing the town of marblehead to 
charge for admission to seaside park during the 

celebration OF THE THREE HUNDREDTH ANNIVERSARY 
OF THE TOWN IN THE CURRENT YEAR, 

Be it enacted, etc., as follows: 

Section 1. The town of Marblehead, acting by its select- 
men or its anniversary committee, is hereby authorized to 
charge a fee for admission to Seaside park in said to^vn during 
the celebration of the three hundredth anniversary of the 
town in August of the current year. 

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

Approved June 7, 1949. 

An Act authorizing the retiring authority of the Chap. 400 

city of NEWTON TO INCREASE THE PENSION OF EDWARD 
A. MOAN OF SAID NEWTON. 

Be it enacted, etc., as follows: 

Section 1. The retiring authority of the city of Newton 
may increase the pension of Edward A, IMoan of said city, 
now retired under the authority of section fifty-eight of chap- 
ter thirty-two of the General Laws, by an amount not to 
exceed one half of the highest rate of bonus paid to him in 
any one year by said city prior to his retirement. 

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

Approved June 7, 1949. 

An Act exempting certain disabled veterans from Qhnnj 401 
the payment of the excise on motor vehicles 
owned, operated and registered by them. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is, in part, to exempt certain dis- preamble. 
abled veterans from the payment in the current year of the 
excise on motor vehicles owned by them, therefore it is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1 of chapter 60A of the General Laws, as most re- q l. (Ter. 
cently amended by chapter 342 of the acts of the current ^'^^■-'' ^^^j^Ji- 
year, is hereby further amended by inserting after the fourth 
paragraph the following paragraph : — 

The excise imposed by this section shall not apply to a certain 
motor vehicle owned, operated and registered by a veteran ^^^gr^M 
of World War II who has incurred the loss, or loss of use, of exempted 



338 Acts, 1949. — Chap. 402. 

from excise one or both legs, and who shall have previously registered a 



tax on 
certain 



motor vehicle awarded to him under an act of the Seventy- 
motor vehicles. QJnth Congrcss by reason of such disability. 

Approved June 7, 19J^9. 

Chaj)A02 ^^ ^^^ REVISING THE CHARTER OF THE CITY OF NORTH 

ADAMS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 148 of the acts of 1895 is hereby 
amended by striking out section 9, as amended by section 4 
of chapter 327 of the acts of 1947, and inserting in place 
thereof the following : — Section 9. The city council shall 
consist of nine councilmen who shall be elected at large by the 
voters of the city, as follows : — 

At the biennial municipal election in the year nineteen 
hundred and fifty-one and at each biennial municipal election 
thereafter, there shall be elected nine members for a term of 
two years. 

The term of all twenty-one councilmen elected in the year 
nineteen hundred and forty-nine shall expire on the first 
Monday of January in the year nineteen hundred and fifty- 
two. 

At the biennial municipal election in the year nineteen 
hundred and fifty-one and at each biennial municipal election 
thereafter no voter shall vote for more than seven of the nine 
councilmen to be elected thereat for a term of two years and 
the number having the highest number of votes shall be de- 
clared elected. 

On the second Tuesday prior to every biennial municipal 
election the city clerk shall determine by lot the order in 
wliich the names of the candidates for election to the city 
council shall appear on the ballot. The candidates shall be 
notified of such drawing and shall be allowed to be present 
thereat in person or by their representatives. 

The city council shall annually, at the first meeting in 
January, elect by ballot one of their members president of the 
council. 

Section 2. Section 13 of said chapter 148 is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following : — The members of the city 
council shall receive the sum of ten dollars for each meeting 
of the council attended but the total amount for all meetings 
attended shall not be in any year in excess of ten per cent of 
the salary of the mayor. 

Section 3. Section 29 of said chapter 148, as amended by 
section 11 of chapter 103 of the acts of 1918, is hereby further 
amended by striking out the first paragraph and inserting in 
place thereof the following : — The mayor shall have the sole 
power of appointment to all the municipal offices established 
by or under this act, including officers and members of the 
fire and police departments, unless herein otherwise provided; 



Acts, 1949. — Chaps. 403, 404. 339 

he may, except as herein otherwise provided, remove from 
office, lower in rank, transfer, or suspend by written order 
any officer or member so appointed hereunder, for just cause 
and he shall in such order specifically assign the reasons 
therefor. Such order of removal, lowering, transfer, or sus- 
pension shall take effect upon the ffiing of the same with the 
city clerk, and the service of a copy thereof upon such officer 
or member so removed, lowered, transferred, or suspended, 
either personally or by leaving the same at his last and usual 
place of residence. 

Section 4. This act shall be submitted for acceptance to 
the registered voters of the city of North Adams at the next 
regular municipal election in the form of the following ques- 
tion, which shall be placed upon the official ballot to be used 
at said election: — "Shall an act passed by the general court 
in the year nineteen hundred and forty-nine, entitled 'An Act 
revising the charter of the city of North Adams', which pro- 
vides for a reduction of the number of members of the city 
council, establishes payment for the services of the members 
of the city council and the abolishment of the approval of the 
city council for the removal, lowering in rank, transfer or sus- 
pension by the mayor of administrative municipal officers 
appointed by the mayor, be accepted?" If a majority of the 
voters voting thereon vote in the affirmative in answer to 
said question, this act shall thereupon take full effect for the 
nomination and election of municipal officers in the year 
nineteen hundred and fifty-one, and for all other purposes it 
shall take full effect upon the organization of the city gov- 
ernment on the first Monday of January, nineteen hundred 
and fifty-two. Approved June 7, 1949. 



ChapAOS 



An Act relating to appropriations voted by cities 

AND towns from LOANS OR BALANCES OF LOANS. 

Be it enacted, etc., as follows: 

Section 20 of chapter 44 of the General Laws, as most ^\^- ^'^'^^ 
recently amended by chapter 60 of the acts of 1947, is etc!. 'amended. 
hereby further amended by adding at the end the following 
sentence : — Notwithstanding the provisions of this section, certain 
no appropriation from a loan or balance thereof shall be fj^ted"^^'""'* 
made which would increase the amount available from bor- 
rowed money for any purpose to an amount in excess of any 
limit imposed by general law or special act for such purpose. 

Approved June 7, 1949. 



ChapAO^ 



An Act further regulating fees to be charged by 
city and town clerks. 

Be it enacted, etc., as follows: 

Section 1. Section 34 of chapter 262 of the General g. l. (Ter. 
Laws, as most recently amended by section 1 of chapter ftcii'a^mended.' 
297 of the a(^ts of the current year, is hereby further amended 
by striking out clauses (47) and (48), as appearing in sec- 



340 



Acts, 1949. — Chap. 404. 



i'ee for 

recording 

personal 

property 

mortgages, 

etc. 



Assignment, 

discharge, 

etc., of 

personal 

property 

mortgage. 

G. L. (Ter. 
Ed.), 262, § 34, 
etc., amended. 

Fees for 
recording 
certain other 
papers. 



G. L. (Ter. 
Ed.), 262, § 34, 
etc., further 
amended. 

G. L. (Ter. 
Ed.), 255, § 3, 
etc., amended. 



City and 
town clerks 
to keep certain 
records in 
Ijooks. 



tion 1 of chapter 550 of the acts of 1948, and inserting in 
place thereof the following: — 

(47) For recording a mortgage of personal property, bill 
of sale given for security, or any deed or conveyance, how- 
ever called, by which personal property is conveyed to a 
creditor or title thereto retained by a seller as security for 
the payment of a debt or other obligation, one dollar for 
each page or major fraction thereof, but not less than three 
dollars. 

(48) For recording an assignment, partial release, dis- 
charge of a mortgage of personal property, acknowledgment 
of payment of bill of sale given for security or given for 
security with condition of redemption, one dollar. 

Section 2. Said section 34 of said chapter 262 is hereby 
further amended by striking out clause (79), as so appear- 
ing, and inserting in place thereof the following: — 

(79) For recording any paper not specifically named 
herein, the fee shall, unless otherwise provided, be one 
dollar per page. If a paper contains the names of more than 
two parties, an additional fee of twenty-five cents each shall 
be charged for indexing the names of additional parties. 

Section 3. Said section 34 of said chapter 262 is hereby 
further amended by striking out clauses (17), (18) and 
(19), as so appearing. 

Section 4. Chapter 255 of the General Laws is hereby 
amended by striking out section 3, as most recently amended 
by section 45 of chapter 550 of the acts of 1948, and inserting 
in place thereof the following: — Section 3. City and town 
clerks shall, upon payment of their fees as provided by sec- 
tion thirty-four of chapter two hundred and sixty-two, 
record in books kept for that purpose, mortgages of personal 
property, bills of sale given for security, written statements 
by mortgagees of oral conditions for redemption and all 
other instruments described in sections one and seven A; 
also assignments, partial releases, discharges, acknowledg- 
ments of payment and notices of foreclosure of such instru- 
ments, notices of intention to sell property pledged for pay- 
ment of money with affidavit of service, assignments of 
future earnings, and powers of attorney; and attest the 
signature of mortgagee on a discharge of mortgage of per- 
sonal propert}'^ entered on the margin of the record of such 
mortgage. The clerk may, upon payment of the fees pro- 
vided for recording like instruments herein referred to, 
accept a copy of a printed form of personal property mort- 
gage or other instrument submitted for record, such copy 
to be completed and attested by him as a true copy, and 
securely attached to a page or pages of the personal prop- 
erty mortgage record book, in which case such copy so 
attached and attested shall become the record. 

Approved June 7, 191^9. 



Acts, 1949. — Chaps. 405, 406. 341 



An Act authorizing the city of peabody to pay an CfiapA05 

ANNUITY TO THE WIDOW OF WILLIAM H. KERWIN, A FORMER 
MEMBER OF THE FIRE DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Peabody is hereby authorized to 
pay to Josephine A, Kerwin, widow of William H. Kerwin, 
who died on January ninth, nineteen hundred and sixteen 
from injuries received in the performance of duty as a mem- 
ber of the fire department of said city, an annuity, for life, 
of the sum of twelve hundred dollars, the same to be paid in 
equal monthly instalments. 

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

Approved June 7, 1949. 



Chap. 406 



An Act making certain changes in the law relative 

TO the salaries of certain EMPLOYEES OF THE COM- 
MONWEALTH AND TO CORRECT INEQUALITIES RESULTING 
FROM APPLICATION OF THE GENERAL SALARY SCHEDULE 
TO SUCH EMPLOYEES. 

Whereas, The deferred operation of this act would tend ^^^l^f^iT^ 
to defeat its purpose, which in part is to immediately correct 
certain inequalities resulting from the application of the 
genera] salary schedule to certain employees of the common- 
wealth, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 46 of chapter 30 of the General Sj^-iJ®!".. 
Laws, as most recently amended by section 2 of chapter 311 etc., 'amended! 
of the acts of 1948, is hereby further amended by adding at 
the end of paragraph (6) the following : — 

Employees reinstated or re-employed shall be credited Salaries of 
with the period of their previous service in the same salary employees, 
grade if reinstated or re-employed within three years but at 
a rate not less than that which the employee received upon 
his separation from the pay roll. Employees reinstated or 
re-employed after separation from the pay roll for three 
years or more may be credited with the period of their pre- 
vious sersnce in the same salarj'' grade in accordance with 
the pertinent rules of the division of personnel and stand- 
ardization. 

Section 2. Said section 46 of said chapter 30, as so g. l. (Tct. 
amended, is hereby further amended by striking out para- ^c!!'furthir*^' 
graph (8) and insoi-ting in place thereof the following: — amended. 

(8) An employee who is demoted to a position in a lower salary of 
salary grade shall receive the salary to which his period of dTmo°ted^o a 
service would entitle hun if his service had been rendered lower salary 

grade. 



342 



Acts, 1949, — Chap. 406. 



1948, 311, § 4, 
amendod. 



Initial 
allocations, 
how 
determined. 



Allocation to 
a grade less 
than number 
of years of 
service. 



in the lower grade, but not less than the employee would 
have been entitled to had his service been continuously in 
the lower grade. 

Section 3. Section 4 of chapter 311 of the acts of 1948 
is hereby amended by striking out in lines 9 to 11, inclusive, 
the words "a promotion received on or after July first, nine- 
teen hundred and forty-seven, and on or before June thirti- 
eth, nineteen hundred and forty-eight" and inserting in 
place thereof the words: — the promotion to his present 
grade, — so as to rea,d as follows: — Section 4- In the 
initial allocation of positions to the salary grades in the 
salary schedule, each incumbent shall be given the rate to 
which he would be entitled if the number 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 the promotion 
to his present grade, than the rate to which the incumbent 
would have been entitled without such promotion, 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 in- 
crease 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. No increase granted in the initial 
allocation to the salaiy schedule as provided by this section 
because of credit for years of service or otherwise shall 
exceed six hundred dollars. 

Section 4. Any employee subject to the provisions of 
ch'ipter three hundred and eleven of the acts of nineteen 
hundred and forty-eight who, because of the limitation con- 
tained in the last sentence of section four of said chapter, 
was allocated to a grade at a rate which represents less than 
the number of years of service actually served in his grade 
shall, if allocated to grades one through fourteen in the 
general salary schedule, receive semi-annual increases of 
sixty dollars to the last three rates in the schedule and there- 
after annual increases of one hundred and twenty dollars 
until the proper rate based on years actually served in the 
grade is reached or, if allocated to a grade in the labor serv- 
ice salary schedule, receive semi-annual increases of sixty 
doll.^rs to the last three rates in that schedule and thereafter 
annual increases of sixty dollars until the proper rate based 
on years actually served in the grade is reached. 

Any employee subject to the provisions of chapter three 
hundred and eleven of the acts of nineteen hundred and 
forty-eight who, because of the limitation contained in the 
last sentence of section four of said chapter, was allocated 



Acts, 1949. — Chap. 407. 343 

to a grade at a rate which represents less than the number of 
years actually served in his grade shall, if allocated to grades 
fifteen through seventy-four in the general salary schedule, 
receive annually one increment until the proper rate based 
on years actually served in the grade is reached. 

Section 5. The provisions of this act shall apply to all ^^[^n^^'^PP''" 
initial allocations to the salary schedule as of July first, visions 'of^'^'*" 
nineteen hundred and forty-eight, and funds appropriated ^'^'^*'°"- 
for the purpose of salary adjustments by section ten of apprcf)Hat*ed 
chapter six hundred and sixty-nine of the acts of nineteen 
hundred and forty-eight and section one of chapter four of 
the acts of nineteen hundred and forty-nine shall be avail- 
able in the amount of two hundred thousand dollars during 
the current fiscal year and the fiscal year ending June thirti- 
eth, nineteen hundred and fifty for such adjustments as may 
be made in accordance with the provisions of this act. 

Section 6. The governor, upon recommendation of the Governor 
coinmission on administration and finance, is hereby author- ^ansfer'^funds 
ized to transfer from the said funds to ite?ns of appropriation to meet 
for the current fiscal year and the fiscal year ending June idfuTtments. 
thirtieth, nineteen hundred and fifty, which are available in 
whole or in part for personal services, such amounts as are 
necessary to meet said salary adjustments, to be in addition 
to amounts appropriated to said items of appropriation, and 
the governor, upon like recommendation, is hereby further 
authorized to allocate such transfers to the several state or 
other funds to which such items of appropriations are 
charged. Approved June 9, 1949. 



An Act relative to the retirement of certain school Qfidjj 407 

JANITORS OR SCHOOL CUSTODIANS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 32 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 45A, inserted by sec- f 45B^added 
tion 1 of chapter 708 of the acts of 1945, the following sec- 
tion : — Section 45B. In any city or town which has ac- Retirement 
cepted sections forty-four and forty-five A in the manner ?an^tOTs°or 
set forth in section forty-five and which accepts this section, custodians in 
a school janitor or school custodian who was in the employ and^towns'^'' 
of the school department of such city or town prior to July 
first, nineteen hundred and thirty-seven, and on or after said 
date has been, or hereafter shall be, promoted to a super- 
visory position in the janitorial or custodial service of such 
school department, shall not by reason of the acceptance of 
such promotion forfeit his right, if any, to a non-contribu- 
tory pension under the provisions of said sections forty-four 
and forty-five A. 

Section 2. Any school janitor or school custodian re- withdrawal 
ferred to in section forty-five B of chapter thirty-two of the ^rom system 
General Laws, inserted by section one of this act, who is a ^" °"^^ ' 
member of the contributory retirement system of the city 



344 Acts, 1949. — Chaps. 408, 409, 410. 

or town by which^he is employed, may withdraw from mem- 
bership in such system, whereupon all deductions withheld 
from his wages on account of such membership shall be 
repaid to him by the retirement board of such city or town. 

Approved June 9, 1949. 

ChapAOS An Act to authorize the town of westport to borrow 

MONEY FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING 
AND FURNISHING A HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a high 
school, and originally equipping and furnishing said build- 
ing, the town of Westport 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 four hundred thousand dollars, and may issue bonds 
or notes therefor which shall bear on their face the words, 
Westport School Building Loan, Act of 1949. Each au- 
thorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from 
their dates. Indebtedness incurred under this act shall be 
in 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 June 9, 1949. 

Chap. 409 An Act temporarily reviving north-union realty 
company for a certain purpose. 

Emergency Whereas, The deferred operation of this act would delay 

pream e. ^^^ discharging of a certain mortgage by the corporation 
revived thereby and it is essential that such discharge be 
effected as soon as possible, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

North-Union Realty Company, a corporation dissolved 
by chapter one hundred and forty-eight of the acts of nine- 
teen hundred and thirty-eight, is hereby revived and con- 
tinued for the sole purpose of discharging a mortgage that 
it holds on a parcel of real estate owned by the Spa Realty 
Company. Approved June 9, 1949. 

Chap.4ilO An Act to validate and ratify the calling of the 
annual meeting of the williamstown fire district 

AND the proceedings AT SAID MEETING. 

Be it enacted, etc., as follows: 

Section L Notwithstanding the provisions of section 
sixty-six of chapter forty-eight of the General Laws, the 



Acts, 1949. — Chaps. 411, 412. 345 

posting of a written notice in three public places in the 
Williamstown fire district calling the annual meeting of 
said district on February twenty-third, nineteen hundred 
and forty-nine, shall be deemed legal notice to the inhabit- 
ants of said district of the calling of said meeting, and all 
acts and proceedings of the district at said meeting, and of 
its officers done in pursuance thereof, if otherwise valid, 
are hereby confirmed and made valid to the same extent as 
if the said meeting had been notified, held and ^conducted 
in strict compliance with law. 

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

Approved June 9, 1949. 

An Act authorizing the town of southwick to borrow Chap All 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing an addition to the consoli- 
dated school, the town of Southwick may borrow from time 
to time, over a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding in the 
aggregate eighty thousand dollars, and may issue bonds or 
notes therefor which shall bear on their face the words 
Southwick School Addition Loan, Act of 1949. Each au- 
thorized issue shall constitute a separate loan and such 
loans shall be paid in not more than twenty years from 
their dates. Indebtedness incurred under this act shall be 
in excess of the statutory limit, but shall, except as herein 
provided, be subject to chapter fortj'^-four of the General 
Laws, exclusive of;, the limitation contained^ jn f the j[first 
paragraph of section seven thereof. 

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

Approved June 9, 1949. 

An Act relative to the boundaries of the west barn- ChapA12 
stable fire district. 

Be it enacted, etc., as follows: 

Section L Section 1 of chapter 107 of the acts of the 
current year is hereby amended by inserting after the word 
"thereof", in line 5, the words: — , excluding that portion 
of said precinct two now lying within the boundaries of the 
Barnstable Fire District, — so as to read as follows: — 
Section 1 . The inhabitants of the town of Barnstable liable 
to taxation in said town and residing within the territory 
known as precinct two, as described in the records of the 
town clerk of said town, and as shown by a map now on file 
in the office of the selectmen thereof, excluding that portion 
of said precinct two now lying within the^boundaries of the 
Barnstable Fire District, shall constitute a fire district, and 
are hereby made a body corporate by the name of West 



346 Acts, 1949. — Chaps. 413, 414. 

Barnstable Fire District; and said corporation, except as 

herein otherwise provided, shall have all the powers and be 

• subject to all the duties and habilities set forth in all general 

laws now or hereafter in force relating to fire districts. 

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

Approved June 9, 1949. 

ChapAlS An Act to authoeize the placing of the positions of 

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

Be it enacted, etc., as follows: 

Section 1. The positions of the regular or permanent 
members of the pohce force and the office of chief of police 
of the town of Whitman shall, upon the effective date of this 
act, become subject to the civil service laws and i-ules relat- 
ing 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 and office 
at the time of the passage of this act shall continue to serve 
therein provided 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-nine entitled 'An Act 
to authorize the placing of the positions of the regular or 
permanent members of the police force and the office of the 
chief of police of the town of Whitman under the civil serv- 
ice 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 June 9, 1949. 



Chap. 414: A-N Act to establish the gilbertville water district 

IN THE TOWN OF HARDWICK. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Hardwick 
liable to taxation in said town and residing within the ter- 
ritory comprised within the following boundary lines, to wit : 
— Beginning at the northeasterly corner of the tract of land 
on which is located the Goodfield Mountain supply, so called, 
in the town of New Braintree; thence northwesterly to the 
northeast corner of land now or formerly of Kardes on Joslyn 
road; thence northeasterly along the westerly boundary of 
land of Goodfield to a stone bound at the northwest corner of 
said Goodfield's land ; thence easterly along said Goodfield's 
northerly line to the southeasterly corner of land on which 



Acts, 1949. — Chap. 414. 347 

is located the New Braintree Domestic Supply, so called; 
thence northeasterly to the terminus of the existing water 
pipe on upper Church street; thence northwesterly to the 
stone wall on the westerly line of the Hardwick road, said 
wall being parallel to and about twenty feet easterly of 
Bujnevicie's barn; thence northwesterly along said stone 
wall to land now or formerly of Manley at the top of Dougal 
Mountain; thence following the easterly line of the Manley 
land to the northeasterly corner of the Beaman land, so called ; 
thence southeasterly to the southeast corner of the covered 
bridge over the Ware river; thence southerly along the east 
bank of the Ware river to a stone bound at a point about four 
hundred feet northeasterly of lowest downstream dam on the 
Ware river; thence southeasterly to the southwest corner of 
land now or formerly of Frank Mitus; thence easterly along 
the southerly line of land of said Mitus to said IMitus's south- 
east corner; thence northeasterly to the southeast corner of 
land on which is located the said Goodfield Mountain Supply; 
thence along the easterly line of said Goodfield Mountain 
Supply lot to the northeast corner of said lot and the point of 
beginning — shall constitute a water district and are hereby 
made a body corporate by the name of the Gilbertville Water 
District, hereinafter called the district, for the purpose of 
supplying themselves with water for domestic and other pur- 
poses, with power to regulate the use of such water and to fix 
and collect rates to be paid therefor, and for the purposes of 
assessing and raising taxes as provided herein for the pay- 
ment of such services, and for defraying the necessary ex- 
penses of carrying on the business of said district, subject to 
all general laws now or hereafter in force relating to such dis- 
tricts, except as otherwise provided herein. The district shall 
have power to prosecute and defend all actions relating to its 
property and affairs. 

Section 2. For the purposes aforesaid, the district, 
acting by and through its board of water commissioners 
hereinafter provided for, may contract with any municipality, 
acting through its water department, or with any water com- 
pany, or with any water district, for whatever water may be 
required, authority to furnish the same being hereby granted, 
and may take by eminent domain under chapter seventy- 
nine or chapter eighty A of the General Laws, or acquire by 
lease, purchase or otherwise, and hold, the waters, or any 
portion thereof, of any pond, spring or stream, or of any 
ground sources of supply by means of driven, artesian or 
other wells, within the town of Hardwick not already ap- 
propriated for the purposes of a public water supply, and the 
water and flowage rights connected with any such water 
sources, and for said purposes may take as aforesaid, or ac- 
quire by purchase or otherwise, and hold, all lands, rights of 
way and other easements necessary for collecting, storing, 
holding, purifying and preserving the purity of the water and 
for conveying the same to any part of said district and may 
acquire the properties of the Gilbertville Water Company as 



Acts, 1949. — Chap. 414. 

provided and limited by section fifteen; provided, that no 
source of water supply or lands necessary for preserving the 
quality of the water shall be so taken or used without first 
obtaining the advice and approval of the department of 
public health, and that the location and arrangement of all 
dams, reservoirs, springs, wells, pumping, purification and 
filtration plants and such other works as may be necessary 
in carrying out the provisions of this act shall be subject to 
the approval of said department. The district may construct 
and maintain on the lands acquired and held under this act 
proper dams, wells, springs, reservoirs, standpipes, tanks, 
pumping plants, buildings, fixtures and other structures in- 
cluding also the establishment and maintenance of filter beds 
and purification works or systems, and may make excavations, 
procure and operate machinery and provide such other 
means and appliances, and do such other things as may be 
necessary for the establishment and maintenance of complete 
an(i effective water works; and for that purpose may con- 
struct pipe lines, wells and reservoirs and establish pumping 
works, and may construct, lay, acquire and maintain aque- 
ducts, conduits, pipes and other works under or over any 
land, water courses, railroads, railways and public or other 
ways, and along such ways, in said town, in such manner as 
not unnecessarily to obstruct the same; and for the purposes 
of constructing, laying, maintaining, operating and repairing 
such aqueducts, conduits, pipes and other works, and for all 
proper purposes of this act, the district may dig up or raise 
and embank any such lands, highways or other ways in such 
manner as to cause the least hindrance to public travel on 
sucli ways; provided, that the manner in which all things are 
done upon any such way shall be subject to the direction of 
the selectmen of the town of Hardwick. The district shall 
not enter upon, or construct or lay any conduit, pipe or other 
works within, the location of any railroad corporation except 
at such time and in such manner as it may agree upon with 
such corporation, or, in case of failure so to agree, as may be 
approved by the department of public utilities. The district 
may enter upon any lands for the purpose of making surveys, 
test wells or pits and borings, and may take or otherwise 
acquire the right to occupy temporarily any lands necessary 
for the construction of any work or for any other purpose 
authorized by this act. 

Section 3. Any person sustaining damages in his 
property by any taking under this act or any other thing 
done under authority thereof may recover such damages 
from the district under said chapter seventy-nine or said 
chapter eighty A; but the right to damages for the taking 
of any water, water right or water source, or for any injury 
thereto, shall not vest until water is actually withdrawn or 
diverted under authority of this act. 

Section 4. For the purpose of paying the necessary 
expenses and habilities incurred under this act, other than 
expenses of maintenance and operation, but including the 



Acts, 1949. — Chap. 414. 

expense of renewing mains and equipment and extending 
the water system acquired under authority of this act, the 
district may borrow from time to time such sums as may be 
necessary, not exceeding, in the aggregate, forty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Gilbertville Water District 
Loan, Act of 1949. Each authorized issue shall constitute 
a separate loan, and such loans shall be payable in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be subject to the provisions of chap- 
ter forty-four of the General Laws pertaining to such dis- 
tricts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with section four of this act; and, when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 
expense of operating its water works and the interest as it 
accrues on the bonds or notes issued as aforesaid by the dis- 
trict, and to make such payments on the principal as may be 
required under this act, shall without further vote be assessed 
upon the district by the assessors of said town of Hardwick 
annually thereafter until the debt incurred by said loan or 
loans is extinguished. 

Section b. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in said board by this section shaU be 
subject to section ten. 

Section 7. Said district, with the advice and approval 
of the department of public health, may sell at public or 
private sale or may exchange any real property, or any ease- 
ments, whether taken by eminent domain or otherwise, no 
longer needed for works under its charge. 

Section 8. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall assess 
the same on property within the district in the same manner 
in all respects in which town taxes are required by law to be 
assessed; provided, that no estate shall be subject to any 
tax assessed on account of the system of water supply under 
this act if, in the judgment of the board of water commis- 
sioners hereinafter provided for, after a hearing, due notice 
whereof shall have been given, such estate is so situated that 
it will receive no aid in the extinguishment of fire from the 
said system of water supply, or if such estate is so situated 
that the buildings thereon, or the buildings that might be 
constructed thereon, could not be supplied with water from 
said system in any ordinary or reasonable manner; but all 
other estates in the district shall be deemed to be benefited 
and shall be subject to such tax. A certified list of the estates 
exempt from taxation under the provisions of this section 



350 Acts, 1949. — Chap. 414. 

shall annually be sent by said board of water commissioners 
to said assessors, at the same time at which the clerk shall 
send a certified copy of the vote as aforesaid. The assess- 
ment shall be committed to the town collector, who shall 
collect said tax in the manner provided by law for the collec- 
tion of town taxes, and shall deposit the proceeds thereof 
with the district treasurer for the use and benefit of the dis- 
trict. The district may collect interest on overdue taxes in 
the manner in which interest is authorized to be collected on 
town taxes. 

Section 9. Any meeting of the voters of the territory in- 
cluded within the boundaries set forth in section one to be 
held prior to the acceptance of this act, and any meeting of 
the voters of the district to be held prior to the qualification 
of a majority of the water commissioners, shall be called, on 
petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a mod- 
erator for the meeting the question of the acceptance of this 
act shall be submitted to the voters, and if it is accepted by 
a majority of the voters present and voting thereon it shall 
thereupon take effect, and the meeting may then proceed to 
act on the other articles in the warrant. After the qualifica- 
tion of a majority of the water commissioners, meetings of the 
district shall be called by warrant under their hands, unless 
some other method be provided by by-law or vote of the 
district. 

Section 10. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same 
meeting at which this act shall have been accepted, or there- 
after, at an annual meeting or at a special meeting called for 
the purpose, three persons, inhabitants of and voters in said 
district, to hold office, one until the expiration of three years, 
one until the expiration of two years, and one until the ex- 
piration of one year, from the day of the next succeeding 
annual district meeting, to constitute a board of water com- 
missioners; and at every annual district meeting following 
such next succeeding annual district meeting one such com- 
missioner shall be elected by ballot for the term of three 
years. The date of the next annual meeting shall be fixed by 
by-law or by vote of the board of water commissioners, but 
in no event shall it be later than fifteen months subsequent 
to the date on which the water commissioners were first 
elected. All the authority granted to said district by this 
act, except sections four and five, and not otherwise specifi- 
cally provided for, shall be vested in said board of water 



Acts, 1949. — Chap. 414. 351 

commissioners, who shall be subject, however, to such in- 
structions, rules and regulations as the district may by vote 
impose. At the meeting at which said water commissioners 
are first elected and at each annual district meeting held 
thereafter, the district shall elect by ballot, each for a term 
of one year, a clerk and a treasurer of the district. The 
treasurer shall not be a water commissioner, and shall give 
bond to the district in such an amount as may be approved 
by said water commissioners and with a surety company au- 
thorized to transact business in the commonwealth as surety. 
A majority of said water commissioners shall constitute a 
quorum for the transaction of business. Any vacancy occur- 
ring in said board from any cause may be filled for the re- 
mainder of the unexpired term by said district at any legal 
meeting called for the purpose. No money shall be drawn 
from the treasury of the district on account of its water works 
except upon a written order of said water commissioners or 
a majority of them. 

Section 11. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
shall prescribe the time and manner of payment. The 
income of the water works shall be appropriated to defray 
all operating expenses, interest charges and payments on 
the principal as they shall accrue upon any bonds or notes 
issued under authority of this act. If there should be a net 
surplus remaining after providing for the aforesaid charges, 
it may be appropriated for such new construction as said 
water commissioners may recommend, and in case a surplus 
should remain after payment for such new construction the 
water rates shall be reduced proportionately. Said water 
commissioners shall annually, and as often as the district 
may require, render a report upon the condition of the 
works under their charge, and an account of their doings, 
including an account of receipts and expenditures. 

Section 12. The district may adopt by-laws, prescribing 
by whom and how meetings of the district may be called, 
notified and conducted; and, upon the application of ten 
or more legal voters in the district, meetings may also be 
called by warrant as provided in section nine. The district 
may also establish rules and regulations for the manage- 
ment of its water works, not inconsistent with this act or 
with any other provision of law, and may choose such other 
officers not provided for in this act as it may deem necessary 
or proper. 

Section 13. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under 
this act, or wilfully or wantonly injures any reservoir, well, 
standpipe, aqueduct, pipe or other property owned or used 
by the district for any of the purposes of this act, shall 
forfeit and pay to the district three times the amount of 
damages assessed therefor, to be recovered in an action of 
tort, and upon conviction of any of the above wilful or 
wanton acts shall be punished by a fine of not more than 



352 Acts, 1949. — Chap. 415. 

three hundred dollars or by imprisonment for not more than 
one year, or both. 

Section 14. Upon a petition in writing addressed to 
said board of water commissioners requesting that certain 
real estate, accurately described therein, located in said 
town and abutting on said district and not otherwise served 
by a pu!)lic water supply be included within the limits 
thereof, and signed by the owners of such real estate, or a 
major portion of such real estate, said water commissioners 
shall cause a duly warned meeting of the district to be 
called, at which meeting the voters may vote on the ques- 
tion of including said real estate within the district. If a 
majority of the voters present and voting thereon vote in 
the affirmative the district clerk shall within ten days file 
with the town clerk of said town and with the state secre- 
tary an attested copy of said petition and vote; and there- 
upon said real estate shall become and be part of the district 
and shall be holden under this act in the same manner and 
to the same extent as the real estate described in section 
one. 

Section 15. Nothing in this act shall authorize the dis- 
trict to supply water for domestic or other purposes to the 
inhabitants of the area served on the effective date of this 
act by the Gilbertville Water Company, without first hav- 
ing acquired by purchase, or by eminent domain under 
chapter seventy-nine of the General Laws, all of the proper- 
ties of said Gilbertville Water Company on said date ap- 
purtenant to the business of water supply and located within 
the area served by said Gilbertville Water Company, ex- 
clusive of the reservoirs, pipes, valves, hydrants and other 
appurtenances of the fire system of the Gilbertville W^ater 
Company in the village of Gilbertville. In case of dispute 
as to the area served by said Gilbertville Water Company 
on said date, the department of public utilities, upon appli- 
cation of said district or of said Gilbertville Water Company, 
shall determine such area and such determination shall be 
final. 

Section 16. This act shall take full effect upon its 
acceptance by a majority vote of the voters of the territory 
included within said district by section one of this act present 
and voting thereon by the use of a check list at a district 
meeting called in accordance with the provision of section 
eight within four years after its passage, but not otherwise. 

Approved June 9, 1949. 



ChapA15 An Act authorizing certain organizations of veterans 

TO DRILL AND PARADE WITH FIREARMS. 

Be it enacted, etc., as follows: 

e'<l)'. sJ^Ms, Section 49 of chapter 33 of the General Laws, as amended, 
etc.. 'amended! ig hereby further amended by inserting after the word "Vet- 
erans" in lines 45 and 46, as appearing in chapter 171 of 



without 
permission. 



Acts, 1949. — Chaps. 416, 417. 353 

the acts of 1948, the words: — , the Coast Guard League, 
Inc., the Portuguese American War Veterans of the United 
States, Inc., the Navy Club of the United States of America, 
Inc. Approved June 9, 1949. 

An Act prohibiting the disposal of garbage and refuse (Jjin^j) 416 
on highways and private property^ without^ per- ^' 

mission. 

Be it enacted, etc., as follows: 

Chapter 270 of the General Laws is herebj^ amended by g. l. (Ter. 
adding at the end the following section: — Section 16. fiQ;ll^'^^';^ 
Whoever, in disposing of garbage, refuse, bottles, cans or prohibiting 
rubbish on a public highway or within twenty yards thereof, fii^°^^l°^ 
or on private property, without permission, commits a nui- on highways 
sance 'thereby, shall be punished by a fine of not more than 
fifty dollars. If a motor vehicle is used in committing such 
nuisance a conviction under this section shall forthwith be 
reported by the court to the registrar of motor vehicles, and 
the registrar may suspend the license of the operator of such 
vehicle for not more than thirty days, and if it appears from 
the records of the registrar of motor vehicles that the person 
so convicted is the owner of the motor vehicle so used, the 
registrar may suspend the certificate of registration of said 
vehicle for thirty days. Approved June 9, 19^9. 

An Act further enlarging the district to which cer- p/,^^ 417 

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 most recently amended by chapter 404 of 
the acts of 1948, is hereby further amended by inserting 
af er the word "Melrose", in line 8, the word: — , Millis, — 
so s 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 towTis of Arling- 
ton, Belmont, Boston, Braintree, Brookline, Cambridge, 
Canton, Chelsea, Dedham, Everett, Lynn, Maiden, Med- 
ford, Melrose, IMillis, Milton, Needham, Newton, Peabody, 
Quincy, Revere, Saugus, Somerville, Stoneham., Wakefield, 
Waltham, Watertown, Weymouth, Winchester, Winthrop 
and Woburn. Approved June 9, 1949. 



354 Acts, 1949. — Chaps. 418, 419. 



ChapAlS An Act relative to the salary of the mayor of the 

CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
thirteen of chapter four hundred and forty-eight of the acts 
of nineteen hundred and nine, and any amendment thereof, 
the salary of the mayor of the city of Taunton shall be fixed 
by ordinance at a sum not to exceed five thousand dollars 
per annum. 

Section 2. There shall be placed upon the official ballot 
to be used at the biennial municipal election in said city in 
the year nineteen hundred and forty-nine the following 
question: — "Shall the salaiy of the mayor of the city of 
Taunton be fixed by ordinance at a sum not to exceed five 
thousand dollars per annum? " 

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 othenvise. Approved June 9, 1949. 



ChapA19 An Act establishing the morningdale water district 

IN the town of boylston. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Boylston, 
liable to taxation in said town and residing within the terri- 
tory comprised within the following boundary lines, to wit: 
— beginning at a point three hundred feet from the easterly 
boundary of Sewall street opposite South road, thence south- 
erly following Sewall street parallel to and three hundred 
feet easterly thereof to the Shrewsbury Hne; thence westerly 
following Shrewsbury-Boylston line to the West Boylston 
line; thence northerly following West Boylston-Boylston 
line to a point due west of a point three hundred feet north- 
erly of South road; thence to Sewall street following three 
hundred feet northerly of and parallel to South road to the 
point of beginning, — shall constitute a water district and 
are hereby made a body corporate by the name of the Morn- 
ingdale Water District, hereinafter called the district, for 
the purpose of supplying themselves with water for the ex- 
tingiu'shment of fires and for domestic and other purposes, 
with power to establish fountains and hydrants and to re- 
locate and discontinue the sam.e, to regulate the use of such 
water and to fix and collect rates to be paid therefor, and for 
the purposes of assessing and raising taxes as provided herein 
for the payment of such services, and for defraying the neces- 
sary expenses of carrying on the business of said district, 
subject to all general laws now or hereafter in force relating 
to such districts, except as otherwise provided herein. The 
district shall have power to prosecute and defend all actions 
relating to its property and affairs. 



Acts, 1949. ~ Chap. 419, 355 

Section 2. For the purposes aforesaid, the district, act- 
ing by and through its board of water commissioners herein- 
after provided for, may contract with any municipahty, 
acting through its water department, or with any water 
company, or with any water district, for whatever water 
may be required, authority to furnish the same being hereby 
granted, and may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, pur- 
chase or otherwise, and hold, the waters, or any portion 
thereof, of any pond, spring or stream, or of any ground 
sources of supply by means of driven, artesian or other wells, 
within the town, of Boylston, not already appropriated for 
the purposes of a public supply, and the water and flowage 
rights connected with any such water sources; and for said 
purposes may take as aforesaid, or acquire by purchase or 
otherwise, and hold, all lands, rights of way and other ease- 
ments necessary for collecting, storing, holding, purifying 
and preserving the purity of the water and for conveying the 
same to any part of said district; provided, that no source 
of water supply or lands necessary for preserving the quality 
of the water shall be so taken or used without first obtaining 
the advice and approval of the department of public health, 
and that the location and arrangement of all dams, reservoirs, 
springs, wells, pumping, purification and filtration plants and 
such other works as may be necessary in carrying out the 
provisions of this act shall be subject to the approval of said 
department. The district may construct and maintain on 
the lands acquired and held under this act proper dams, wells, 
springs, reservoirs, standpipes, tanks, pumping plants, build- 
ings, fixtures and other structures including also the estab- 
lishment and maintenance of filter beds and purification 
works or systems, and may make excavations, procure and 
operate machinery and provide such other means and appli- 
ances, and do such other things as may be necessary for the 
establishment and maintenance of complete and effective 
water works ; and for that purpose may construct pipe lines, 
wells and reservoirs and establish pumping works, and may 
construct, lay, acquire and maintain aqueducts, conduits, 
pipes and other works under or over any land, water courses, 
railroad, railways and public or other ways, and along such 
ways, in said town, in such manner as not unnecessarily to 
obstruct the same; and for the purposes of constructing, 
laying, maintaining, operating and repairing such aqueducts, 
conduits, pipes and other works, and for all proper purposes 
of this act, the district may dig up or raise and embank any 
such lands, highways or other ways in such manner as to 
cause the least hindrance to pubHc travel on such ways; 
provided, that the manner in which all things are done upon 
any such way shall be subject to the direction of the select- 
men of the town of Boylston. The district shall not enter 
upon, or construct or lay any conduit, pipe or other works 
within, the location of any railroad corporation except at 
such timeXand in such manner as it may agree upon with 



356 Acts, 1949. — Chap. 419. 

such corporation, or, in case of failure so to agree, as may be 
approved by the department of public utilities. The dis- 
trict may enter upon any lands for the purpose of making 
surveys, test wells or pits and borings, and may take or 
otherwise acquire the right to occupy temporarily any lands 
necessary for the construction of any work or for any other 
purpose authorized by this act. 

Section 3. Any person sustaining damages in his 
property by any taking under this act or any other thing 
done under authority thereof may recover such damages from 
the district under said chapter seventy-nine, but the right 
to damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water is 
actually withdrawn or diverted under authority of this act. 

Section 4. For the purpose of paying the necessary 
expenses and habilities incurred under this act, other than 
expenses of maintenance and operation, the district may bor- 
row from time to time such sums as may be necessary, not 
exceeding, in the aggregate, one hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on 
their face the words, Morningdale Water District Loan, Act 
of 1949. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than thirty 
years from their dates. Indebtedness incurred under this act 
shall be subject to the provisions of chapter forty-four of the 
General Laws pertaining to such districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with section four of this act; and, when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 
expense of operating its water works and the interest as it 
accrues on the bonds or notes issued as aforesaid bj^ the 
district, and to make such paj^ments on the principal as may 
be required under this act, shall without further vote be 
assessed upon the district by the assessors of said town of 
Boylston annually thereafter until the debt incurred by said 
loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act shall 
be managed, improved and controlled by the board of water 
commissioners hereinafter provided for, in such manner as 
they shall deem for the best interest of the district. All au- 
thority vested in said board by this section shall be subject 
to section nine. 

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to any tax assessed on account of the system of water supply 
under this act if, in the judgment of the board of water com- 
missioners hereinafter provided^for, after a hearing, due 



Acts, 1949. — Chap. 419. 357 

notice whereof shall have been given, such estate is so situ- 
ated that it will receive no aid in the extinguishment of fire 
from the said system of water supply, or if such estate is so 
situated that the buildings thereon, or the buildings that 
might be constructed thereon, could not be supplied with 
water from said system in any ordinary or reasonable man- 
ner; but all other estates in the district shall be deemed to 
be benefited and shall be subject to such tax A certified list 
of the estates exempt from taxation under the provisions of 
this section shall annually be sent by said board of water 
commissioners to said assessors, at the same time at which 
the clerk shall send a certified copy of the vote as aforesaid. 
The assessment shall be committed to the town collector, who 
shall collect said tax in the manner provided by law for the 
collection of town taxes, and shall deposit the proceeds thereof 
with the district treasurer for the use and benefit of the dis- 
trict. The district may collect interest on overdue taxes in the 
manner in which interest is authorized to be collected on 
town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to be 
held prior to the acceptance of this act, and any meeting of 
the voters of the district to be held prior to the qualification 
of a majority of the water commissioners, shall be called, on 
petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the peace, 
directed to one of the petitioners, requiring him to give notice 
of the meeting by posting copies of the warrant in two or 
more public places in the district seven days at least before 
the time of the meeting. Such justice of the peace, or one of 
the selectmen, shall preside at such meeting until a clerk is 
chosen and sworn, and the clerk shall preside until a moder- 
ator is chosen. At any meeting held hereunder prior to the 
acceptance of this act, after the choice of a moderator for the 
meeting the question of the acceptance of this act shall be 
submitted to the voters, and if it is accepted by a majority 
of the voters present and voting thereon it shall thereupon 
take effect, and the meeting may then proceed to act on the 
other articles in the warrant. After the qualification of a 
majority of the water commissioners, meetings of the district 
shall be called by warrant under their hands, unless some 
other method be provided by by-law or vote of the district. 

Section 9. The district shall, after the acceptance of this 
act as aforesaid, elect by ballot, either at the same meeting 
at which this act shall have been accepted, or thereafter, at 
an annual meeting or at a special meeting called for the pur- 
pose, three persons, inhabitants of and voters in said district, 
to hold office, one until the expiration of three years, one until 
the expiration of two years, and one until the expiration of 
one year, from the day of the next succeeding annual district 
meeting, to constitute a board of water commissioners; and 
at every annual district meeting following such next suc- 
ceeding annual district meeting one such commissioner shall 



358 Acts, 1949. — Chap. 419. 

be elected by ballot for the term of three years. The date of 
the next annual meeting shall be fixed by by-law or by vote 
of the board of water commissioners, but in no event shall it 
be later than fifteen months subsequent to the date on which 
the water commissioners were first elected. All the au- 
thority granted to said district by this act, except sections 
four and five, and not otherwise specifically provided for, 
shall be vested in said board of water commissioners, who 
shall be subject, however, to such instructions, rules and 
regulations as the district may by vote impose. At the meet- 
ing at which said water comimissioners are first elected and at 
each annual district meeting held thereafter, the district shall 
elect by ballot, each for a term of one year, a clerk and a 
treasurer of the district. The treasurer shall not be a water 
commissioner, and shall give bond to the district in such an 
amount as may be approved by said water commissioners 
and with a surety company authorized to transact business 
in the commonwealth as surety. A majority of said water 
commissioners shall constitute a quorum for the transaction 
of business. Any vacancy occurring in said board from any 
cause may be filled for the remainder of the unexpired term 
by said district at any legal meeting called for the purpose. 
No money shall be drawn from the treasury of the district 
on account of its water works except upon a written order of 
said water commissioners or a majority of them. 

Section 10. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
shall prescribe the time and manner of payment. The 
income of the water works shall be appropriated to defray 
all operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said water 
commissioners may recommend, and in case a surplus should 
remain after payment for such new construction the water 
rates shall be reduced proportionately. Said water com- 
missioners shall annually, and as often as the district may 
require, render a report upon the condition of the works 
under their charge, and an account of their doings, including 
an account of receipts and expenditures. 

Section 11, The district may adopt by-laws, prescribing 
by whom and how meetings of the district may be called, 
notified, and conducted; and, upon the application of ten or 
more legal voters in the district, meetings may also be called 
by warrant as provided in section eight. The district may 
also establish rules and regulations for the management of its 
water works, not inconsistent with this act or with any other 
provision of law, and may choose such other officers not 
provided for in this act as it may deem necessary or proper. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, well, stand- 



Acts, 1949. — Chap. 420. 359 

pipe, aqueduct, pipe or other property owned or used by the 
district for any of the purposes of this act, shall forfeit and 
pay to the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and upon con- 
viction of any of the above wilful or wanton acts shall be 
punished by a fine of not more than three hundred dollars or 
by imprisonment for not more than one year, or both. 

Section 13. Upon a petition in writing addressed to said 
board of water commissioners requesting that certain real 
estate, accurately described therein, located in said town and 
abutting on said district and not otherwise served by a public 
water supply be included within the hmits thereof, and signed 
by the owners of such real estate, or a major portion of such 
real estate, said water commissioners shall cause a duly 
warned meeting of the district to be called, at which meet- 
ing 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 dis- 
trict clerk shall within ten days file with the town clerk of 
said town and with the state secretary an attested copy of 
said petition and vote; and thereupon said real estate shall 
become and be part of the district and shall be holden under 
this act in the same manner and to the same extent as the 
real estate described in section one. 

Section 14. This act shall take full effect upon its accept- 
ance by a majority vote of the voters of the territory included 
within said district by section one of this act present and 
voting thereon, by the use of a check list, at a district meet- 
ing called, in accordance with section eight, within four years 
after its passage. Approved June 9, 1949. 

An Act PROvmiNa for the establishment of a right of QJid^n 42() 

WAY for public ACCESS TO UPPER MILL POND OR WALKERS 
POND IN THE TOWN OF BREWSTER, 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 Barnstable 
county are hereby authorized and directed to lay out in the 
town of Brewster a right of way for public access to Upper 
Mill pond or Walkers pond in the town of Brewster, 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 way and parking area. If it is necessary to 
acquire land for the purpose of lajdng 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 Gen- 
eral 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, 



360 Acts, 1949. — Chaps. 421, 422. 

that the right to recover damages, if any, by reason of the 
laying out of such right of way or parking area, shall vest 
upon the recording of the order of taking by said county 
commissioners and that no entry or possession for the pur- 
pose of constructing a public way 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 Brewster from 
time to time m^ay 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 Barnstable, 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 commis- 
sioners in connection with vsuch right of way or parking area 
shall be borne by the county of Barnstable, 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 June 10, 1949. 

ChapA21 An Act relative to holiday pay, so called, and em- 
ployment SECURITY BENEFITS. 

Emergency Whereas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which in part is to have its provisions 
apply without delay to persons entitled to benefits under 
the employment security law, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Ed.)',' iIiX Chapter 151 A of the General Laws is hereby amended 

new '§ 29A.' by inserting after section 29 the following section : — Sec- 
H rd ^^^^ ^^'^^ • benefits to which an individual would other- 

and'unem-^^ wise bc entitled under this chapter shall not be reduced by 
ben^fiis"* reason of the fact that such individual received holiday pay, 

so called, in any week of his total or partial unemployment. 

Approved June 10, 1949. 

(Imp. 422 An Act providing for a retirement allowance for 

RT^TH E. FARNSWORTH OF SHREWSBURY. 

Be it enacted, etc., as follows: 

Section 1. The board of retirement of the town of 
Shrewsbury is hereby authorized and directed to grant to 



Acts, 1949. — Chap. 423. 361 

Ruth E. Farnsworth a retirement allowance to be computed 
under the provisions of, and to be effective as provided by, 
option (c) of subdivision (2) of section twelve of chapter 
thirty-two of the General Laws, in the same manner as if 
Harold L. Farnsworth, a former employee and member of the 
retirement system of said town, had elected said option before 
his death. 

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

Approved June 14, 1949. 



ChapA2S 



An Act providing that certain annuities payable 
TO dependents of policemen and firemen and mem- 
bers OF the department of public safety doing 

POLICE DUTY SHALL APPLY TO DEATHS RESULTING FROM 
injuries RECEIVED OR HAZARDS UNDERGONE BY THEM 
AND OCCURRING AT ANY TIME. 

Whereas, The deferred operation of this act would tend ^"amb,""^ 
to defeat its purpose, which is to make available at once 
certain annuities to dependents of poUcemen and firemen 
dying as a result of injuries received by them or hazards 
undergone by them in the line of duty, now therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 89 A of chapter 32 of the General Laws, g. l. (Ter. 
inserted by chapter 552 of the acts of 1948, is hereby amended ^tc;!'amencfe4^' 
by striking out the last sentence and inserting in place thereof 
the following sentence : — The provisions of this section shall ^nn^tLs 
apply to deaths resulting from injuries received, occurring at payable to 
any time in the case of policemen and firemen and members of cenlln^'^ 
of the department of public safety doing police duty, occur- p^^Uc ^^^ 
ring on or after August twenty-fifth, nineteen hundred and killed or^ 
thirty-two in the case of inspectors or examiners of the fnYvSfes "'" 
registry of motor vehicles in the department of public works, ""^rf ^^X- 
occurring on or after September twenty-fifth, nineteen hun- of duty. 
dred and thirty-four in the case of forest wardens of cities or 
to^vns, occurring on or after January first, nineteen hundred 
and thirty-four in the case of inspectors of the department 
of labor and industries and of prison officers, occurring on or 
after January first, nineteen hundred and thirty-five in the 
case of technical employees of the department of public works 
or public health, or of the metropolitan district commission, 
included in class twenty-seven of rule four of the civil service 
rules, and occurring on or after July first, nineteen hundred 
and forty-eight in the case of other employees, and to deaths 
resulting from hazards undergone, occurring at any time in 
the case of policemen and firemen and members of the de- 
partment of public safety doing police duty, occurring on or 
after January first, nineteen hundred and thirty-five in the 
case of inspectors or examiners of the registry of motor 
vehicles in the department of public works, forest wardens 



362 Acts, 1949. — Chap. 424. 

of cities or towns, inspectors of the department of labor and 
industries and prison officers, occurring on or after January 
first, nineteen hundred and thirty-six in the case of technical 
employees of the department of public works or public health, 
or of the metropolitan district commission, included in class 
twenty-seven of rule four of the civil service rules, and occur- 
ring on or after July first, nineteen hundred and forty-eight 
in the case of other employees, irrespective of the time of 
receiving the injuries or undergoing the hazards resulting in 
such death. 

Section 2. This act shall take effect as of the effective 
date of chapter five hundred and fifty-two of the acts of nine- 
teen hundred and forty-eight. Approved June 14, 1949. 

ChapA24: An Act authorizing contributions by the county of 

BARNSTABLE FOR THE CONSTRUCTION OF SEAWALLS OR 
OTHER FORMS OF SHORE PROTECTION FOR TOWNS IN SAID 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county of Barnstable is hereby authorized 
to contribute to the cost of constructing seawalls or other 
works to be built by the state department of pubhc works 
during the years nineteen hundred and forty-nine, nineteen 
hundred and fifty, nineteen hundred and fifty-one and nine- 
teen hundred and fifty-two under authority of section eleven 
of chapter ninety-one of the General Laws for the protection 
of the shores of the towns in said county from erosion by the 
sea, and the county treasurer, with the approval of the covmty 
commissioners, may pay the county's proportion of such cost 
from the highway appropriation for the year during which 
the agreement to make such payment is entered into or, for 
the purpose of so contributing, may borrow from time to 
time on the credit of the county such sums as may be neces- 
sary, not exceeding, in the aggregate, one hundred thousand 
dollars, and may issue bonds or notes of the county therefor, 
which shall bear on their face the words Barnstable County 
Shore Protection Loan, Act of 1949. Each authorized issue 
shall constitute a separate loan, and such loans shall be pay- 
able in not more than five years from their dates. Such bonds 
or notes shall be signed by the county treasm-er and counter- 
signed by a majority of the county commissioners. The 
county may sell such 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. Indebted- 
ness incurred under this act shall, except as herein provided, 
be subject to chapter thirty-five of the General Laws. 

Section 2. The county treasurer, with the approval of 
the county conmiissioners, may issue temporary notes of the 
county payable in not more than one year from their dates, 
in anticipation of the issue of serial bonds or notes under 
section one, but the time within which such serial bonds or 
notes shall becc ^e due and payable shall not, by reason of 



Acts, 1949. — Chap. 425. 363 

such temporary notes, be extended beyond the time fixed by 
said section. Any notes issued in anticipation of the serial 
bonds or notes shall be paid from the proceeds thereof. 
Section 3. This act shall take effect upon its passage. 

Approved June 14, 1949. 

An Act relative to the non-criminal disposition of (JJkxj) 425 
parking violations, 60 called. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 20A of chap- g. l. (Ter. 
ter 90 of the General Laws, as amended by chapter 201 of ^tc.!'amended!^' 
the acts of 1938, is hereby further amended by striking out, 
in line 24, the word "forty-eight" and inserting in place 
thereof the word : — seventy-two. 

Section 2. Said section 20A of said chapter 90 is hereby g. l. (Ter. 
further amended by striking out the third paragraph, as ^tt^'fu^ther^"^' 
appearing in chapter 176 of the acts of 1935, and inserting amended. 
in place thereof the following : — 

Any person notified to appear before the clerk of a district Non-criminai 

, -111 • • , 1 r • 11 disposition of 

court as provided herein, instead of appearing personally paring 
may appear through any person duly authorized by him in violations, 
writing, or mail to said clerk, with the notice, the amount 
due as provided herein, such payment to be made only by 
postal note, money order, or by check. Any such offender, 
or in his absence a person authorized, may request the clerk 
of the court that the offence charged be taken for confessed, 
and if it appears that it is the first offence charged against 
such offender for a violation of any provision mentioned in 
this section committed within the jurisdiction of such court 
within a calendar year, said clerk shall dismiss the charge 
without payment of any fine or forfeiture, which proceedings 
shall not be deemed criminal, and shall warn the offender or 
person authorized, as the case may be, that the offender will 
be subject to a fine or forfeiture for another such offence 
committed within such calendar year, and if it appears that 
it is a second or subsequent offence as aforesaid so com- 
mitted within such calendar year, the offender or person 
authorized may pay to said clerk one dollar, in case of such 
second offence, or two dollars, in case of such third offence, 
or three dollars, in case of a fourth or subsequent offence; 
except that the owner of a vehicle who violates the rules for 
parking in the downtown area of the city of Boston, that is, 
the section of said city bounded by the waterfront starting 
at an imaginary line drawn through the center of Staniford 
street that meets the Charles river near the North Station, 
and following the waterfront to the Charlestown bridge 
turning right thereon and running along and including both 
sides of Washington street north to Ha-ymarket Square and 
crossing Haymarket Square including both sides thereof to 
Blackstone street, thence down Blackstone street on both 
sides to Commercial street turning left on Commercial 
street and following the center fine of Commercial street to 



364 Acts, 1949. — Chap. 425. 

Boston Harbor thence along the waterfront to the Broadway 
bridge, thence turning on Broadway and continuing through 
Park Square to Charles street, including both sides of said 
ways to Beacon street, thence turning on said Beacon street 
and proceeding up Beacon street on the Common side to 
Bowdoin street, thence turning on Bowdoin street and 
proceeding down Bowdoin street on the easterly side thereof 
to Cambridge street, thence crossing Cambridge street to 
Bowdoin Square thence dowTi Chardon street to Merrimac 
street turning left on Merrimac street including both sides 
thereof to Staniford street, thence turning and proceeding 
down the center of Staniford street and continuing in an 
imaginary line to the Charles river at the North Station to 
the point of beginning, as shown on a map filed in the office of 
the secretary of state and marked "Downtown area of the 
City of Boston referred to in General Laws, chapter 90, 
section 20A", shall be liable for a fine or forfeiture of one 
dollar for the first offence. Whenever it becomes necessary 
to ascertain whether a person owning two or more motor 
vehicles is chargeable as such owner with a first, second, 
third, fourth or subsequent offence hereunder, such question 
shall, in the case of vehicles singly registered, be determined 
separately with respect to the particular vehicle involved 
in such violation and, in the case of vehicles subject to sec- 
tion five, with respect to the particular register number 
plates used on the vehicle involved in such violation at the 
time thereof. 
G^L.^(Ter.^^^ SECTION 3. Said section 20A of Said chapter 90 is hereby 
etc!, "further " ' further amended by striking out the fifth paragraph, as so 
amended. appearing, and inserting in place thereof the following: — 

Penalty for Should any pcrsou notified to appear hereunder fail to 

appea^r a^fter appear and, if a fine or forfeiture is provided hereunder, to 
notice. p^y ^j^g same, or having appeared shall desire not to avail 

himself of the benefits of the procedure established by this 
section, the clerk shall as soon as may be notify the oflficer 
concerned, who shall forthwith make a complaint and follow 
the procedure established for criminal cases. The clerk of 
any court finally disposing of such a criminal case instituted 
because of failure to appear and, if a fine or forfeiture is 
provided hereunder, to pay the same, as hereinbefore pro- 
vided, shall forthwith notify the registrar that such case has 
been so disposed of. The notice to appear, provided herein, 
shall be printed in such form as the chief justice of the 
municipal court of the city of Boston may prescribe for said 
court and as the administrative committee of district courts 
as created by section forty-three A of chapter two hundred 
and eighteen may prescribe for district courts other than 
said municipal court. The clerks of the district courts shall 
distribute such notices to the commanding officers of police 
departments upon request, and shall take a receipt therefor. 
Effective date. SECTION 4. This act shall take effect on January first, 
nineteen hundred and fifty. Approved June 14, 1949. 



Acts, 1949. — Chaps. 426, 427. 365 

An Act relative to compensation for overtime QJki^ aoQ 

SERVICE IN certain CASES BY POLICE OFFICERS OF THE ^' 

CITY OF BOSTON. 

Be it enacted f 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, any pohce officer 
of the city of Boston who is required to perform any service 
beyond his regular estabhshed hours of service on primary 
day, election day or at any parade or while police listing, shall 
be compensated for such additional hours of service at the 
rate by the hour of his regular compensation. 

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 June 14, 1949. 

An Act relative to actions for death and injuries Qfiary 427 

RESULTING IN DEATH. 

Be it enacted, etc., as follows: 

Section 1. Chapter 229 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 1, as amended by section 1 ftl^'ameiled. 
of chapter 506 of the acts of 1947, and inserting in place 
thereof the following: — Section 1. If the life of a person is Damages for 
lost by reason of a defect or a want of repair of or a want of a f'defllti^'^ 
sufficient railing in or upon a way, causeway or bridge, the way. 
county, city, town or person by law obliged to repair the 
same shall, if it or he had previous reasonable notice of the 
defect or want of repair or want of railing, be liable in damages 
not exceeding one thousand dollars, to be assessed with 
reference to the degree of culpabihty of the defendant and 
recovered in an action of tort commenced within two years 
after the injury causing the death by the executor or adminis- 
trator of the deceased person, to the use of the following 
persons and in the following shares : — 

(1) If the deceased shall have been survived by a wife or 
husband and no children or issue surviving, then to the use 
of such surviving spouse. 

(2) If the deceased shall have been survived by a wife or 
husband and by one child or by the issue of one deceased 
child, then one half to the use of such surviving spouse and 
one half to the use of such child or his issue by right of repre- 
sentation. 

(3) If the deceased shall have been survived by a wife or 
husband and by more than one child surviving either in per- 
son or by issue, then one third to the use of such surviving 
spouse and two thirds to the use of such surviving children or 
their issue by right of representation. 

(4) If there is no surviving wife or husband, then to the 
use of the next of kin. 



366 



Acts, 1949. — Chap. 427. 



G. L. (Ter. 
Ed.). 229. § 2. 
etc., amended. 

Damages for 
death by 
negligence of a 
common 
earner, etc. 



G. L. (Ter. 
Ed.), 229, new 
§§ 2A, 2B 
and 2C, 
added. 

Damages for 
death by 
negligence of 
railroad, 
street railway, 
etc. 



Section 2. Said chapter 229 is hereby further amended 
by striking out section 2, as amended by section lA of said 
chapter 506, and inserting in place thereof the following : — 
Sectio7i 2. If the proprietor of a common carrier of pas- 
sengers, except a railroad corporation or street railway or 
electric railroad company, by reason of his or its negligence or 
wilful, wanton or reckless act, or by reason of the unfitness 
or gross negligence or carelessness, or the wilful, wanton or 
reckless act, of his or its servants or agents, causes the death 
of a passenger, he or it shall be liable in damages in the sum of 
not less than two thousand nor more than fifteen thousand 
dollars, to be assessed with reference to the degree of cul- 
pability of the defendant or of his or its servants or agents, 
and recovered and distributed as provided in section one, and 
to the use of the persons and in the proportions, therein 
specified. 

Section 3. Said chapter 229 is hereby further amended 
by inserting after section 2, as so amended, the three follow- 
ing sections: — Section 2 A. If a corporation operating a 
railroad, street railway or electric railroad, by reason of its 
negligence or wiKul, wanton or reckless act, or of the unfitness 
or negligence, or the wilful, wanton or reckless act, of its 
agents or servants while engaged in its business, causes the 
death of a passenger, or of a person in the exercise of due 
care who is not a passenger or in the employment of such 
corporation, it shall be punished by a fine of not less than 
two thousand nor more than fifteen thousand dollars, to be 
recovered by an indictment prosecuted within two years after 
the time of the injury which caused the death, which shall be 
paid to the executor or administrator, and distributed as 
provided in section one ; but a corporation which operates a 
railroad shall not be so liable for the death of a person while 
walking or being upon its railroad contrary to law or to the 
reasonable rules and regulations of the corporation, and one 
which operates an electric railroad shall not be so liable for 
the death of a person while so walking or being on that part 
of its railroad not within the limits of a highway. Such 
corporation shall also be liable in damages in the sum of not 
less than two thousand nor more than fifteen thousand dollars, 
to be assessed with reference to the degree of culpability of 
the corporation or of its servants or agents, which shall be 
recovered in an action of tort, begun within two j^ears after 
the injury which caused the death, by the executor or ad- 
ministrator of the deceased, and distributed as provided in 
section one. If an employee of a railroad corporation, being 
in the exercise of due care, is killed under such circumstances 
as would have entitled him to maintain an action for damages 
against such corporation if death had not resulted, the cor- 
poration shall be liable in the same manner and to the same 
extent as it would have been if the deceased had not been an 
employee. But no executor or administrator shall, for the 
same cause, avail himself of more than one of the remedies 
given by this section. 



Acts, 1949. — Chap. 427. 367 

Section 2B. Except as otherwise provided in chapter Damages for 
one hundred and fifty-two, if, as the result of the negligence negf^en'^e of 
of an employer himself, or of a person for whose negligence pmpioyer. etc. 
an employer is liable under section one of chapter one hundred 
and fifty-three, an employee is instantly killed, or dies 
without conscious suffering, the surviving wife or husband 
of the deceased or, if there is no wife or husband surviving, 
the next of kin, who, at the time of such death, were de- 
pendent upon the wages of the deceased for support, shall 
have a right of action for damages against the employer. 
This section shall not apply to injuries caused to domestic 
servants or farm laborers by fellow employees. 

Section 2C. Except as provided in sections one, two and ^^'^^^ ^"'" 
two A, a person who by his negligence or by his wilful, negligence of 
wanton or reckless act, or by the negligence or wilful, wanton ^'Jc"^'^"'^'' 
or reckless act of his agents or servants while engaged in his 
business, causes the death of a person in the exercise of due 
care, who is not in his employment or service, shall be liable 
in damages in the sum of not less than two thousand nor 
more than fifteen thousand dollars, to be assessed with 
reference to the degree of his culpability or of that of his 
agents or servants, to be recovered in an action of tort, com- 
menced, except as provided by sections four and ten of 
chapter two hundred and sixty, within two years after the 
injury which caused the death by the executor or adminis- 
trator of the deceased, to be distributed as provided in 
section one. 

Section 4. Said chapter 229 is hereby further amended g. l. (Ter. 
by striking out section 5A, as amended by section 2 of chap- ftl^'amended^' 
ter 614 of the acts of 1946, and inserting in place thereof 
the following: — Section 6 A. The causing of a death under Action 
such circumstances as would create liability under section gg^fj"g^J^^f 
one, two, two B or two C on the part of a person, if alive deceased 
at the time of such death, shall create a like liability on his cerukf cases. 
part if such death occurs after his own death and such Ha- 
bility may be enforced against the executor or administrator 
of his estate, subject to all provisions of law otherwise 
applicable. 

Section 5. Said chapter 229 is hereby further amended g^ l. f jer 
by striking out section 6, as amended by section 2 of chapter etc!, amended'. 
506 of the acts of 1947, and inserting in place thereof the 
following: — Section 6. In any civil action brought under Count for 
section two A, two C or five A, damages may be recovered 8°ffg^°f 
under a separate count at common law for conscious suffering 
resulting from the same injury, but any sum so recovered shall 
be held and disposed of by the executors or administrators 
as assets of the estate of the deceased. 

Section 6. Said chapter 229 is hereby further amended %^\^^''- 
by striking out sections 6 A and 6B, as amended by sections §§ eX and 6B. 
4 and 5 of chapter 614 of the acts of 1946, and inserting in '''• ^'^^'^'^^'i- 
place thereof the following sections: — Section 6 A. All fe'^^vered to 
sums recovered under section one, two, two A, two B, two C be subject 
or five A shall, if and to the extent that the assets of the changes.'" 



368 



AcTS; 1949. — Chap. 427. 



Sums 
recoverefl 

treated as 
new assets, 
when. 



G. L. (Ter. 
Ed.), 229, 
new §§ 6C, 
(iD, 6E and 

6F, added. 

Legal repre- 
sentatives of 
deceased may 
bring action 
for injury and 
death, etc. 



Such action 
not to fail 
under certain 
circumstances. 



Damages to 
he assessed 
on culpability. 



Amount, etc. 



Notice and 
statute of 
limitation. 



G. L. (Ter. 
Ed.), 152, 



estate of the deceased shall be insufficient to satisfy the 
same, be subject to the charges of administration and funeral 
expenses of said estate, to all medical and hospital expenses 
necessitated by the injury which caused the death, and to 
reasonable attorneys' fees incurred in such recovery. 

Section 6B. In the event that any sum recovered under 
section one, two, two A, two C, five A or six comes into the 
hands of the executor or administrator of the deceased after 
the expiration of one year from the time of his giving bond, 
such sum shall be treated as new assets of the estate of the 
deceased within the meaning of section eleven of chapter 
one hundred and ninety-seven. 

Section 7. Said chapter 229 is hereby further amended 
by inserting after section 6B the four following sections : — 
Section 6C. Except as otherwise provided in chapter one 
hundred and fifty-two, if a cause of action exists against an 
employer under section one of chapter one hundred and 
fifty-three, or because of the negHgence of the employer 
himself, for an injury resulting in death which is not instan- 
taneous or is preceded by conscious suffering, if there is any 
person who would have been entitled to bring an action 
under section two B, the legal representatives of the deceased 
may, in the action under said section one, recover damages 
both for the injury and for the death, and, if the employer 
is also liable at common law, may in a separate count in the 
same action recover damages for conscious suffering resulting 
from the same injury. 

Section 6D. If an action is brought under section two B, 
or if the action is brought by the legal representatives under 
the preceding section or under section one of chapter one 
hundred and fifty-three, such action shall not fail by reason 
of the fact that it should have been brought under the other 
section, but at any time prior to final judgment may be so 
amended as to provide against such failure. 

Section 6E. If under section two B or section six C 
damages are awarded for death or for injury and death, they 
shall be assessed with reference to the degree of culpability 
of the employer or of the person for whose negligence the 
employer is liable. 

The amount of damages which may be awarded in an 
action brought under section two B shall not be less than 
two thousand nor more than fifteen thousand dollars. 

The amount of damages which may be awarded for injury 
and death in an action brought under section six C shall be 
apportioned by the jury between the legal representatives 
of the employee and the persons who would have been en- 
titled under section two B to bring an action for his death. 

Section 6F. An action under section two B or section 
six C shall be subject to all the provisions of section six of 
chapter one hundred and fifty-three relative to notice to the 
employer of the time, place and cause of the injury, and the 
time within which the action shall be commenced 

Section 8. Chapter 152 of the General Laws m hereby 



Acts, 1949. — Chap. 427. 369 

amended by striking out section 68, as most recently amended fj^g^j^*^' 
bj'' section 4 of chapter 506 of the acts of 1947, and inserting 
in place thereof the following section: — Section 6S. Chap- Application 
ter one hundred and fifty-three and sections two B and "^'='1''^^'" 

/^ • -^-^ • ^ • r-l 1111 Other laws. 

SIX C to SIX F, mclusive, of chapter two hundred and twenty- 
nine shall not apply to employees of an insured person or a 
self-insurer, nor to laborers, workmen or mechanics em- 
ployed by the commonwealth or any county, city, town or 
district subject to sections sixty-nine to seventy-five, inclu- 
sive, who are entitled to the benefits provided by said sections, 
while this chapter is applicable thereto. 

Section 9. Section 6 of chapter 153 of the General Laws, g. l. (Ter. 
as most recently amended by section 5 of chapter 506 of the ftt!'amfnded. 
acts of 1947, is hereby further amended by striking out the 
first sentence and inserting in place thereof the folloT\nng 
sentence: — No action for the recovery of damages for Notice. 
injury under section one of this chapter or for death under Time in which 
section two B or six C of chapter two hundred and twenty- brought" ^^ 
nine shall be maintained unless notice of the tim.e, place and 
cause of the injury is given to the employer within sixty 
daj'-s, and the action is commenced within two years, after 
the accident which causes the injury or death. 

Section 10. Chapter 160 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 232, as amended by section 6 ^'^■^^ ^^^^ 
of chapter 506 of the acts of 1947, and inserting in place amended." 
thereof the following section : — Section 2S2. If a person is Liability for 
injured in his person or property by collision with the engines cas'^^ol'^cJi- 
or cars or rail-borne motor cars of a railroad corporation Usion at grade 
at a crossing such as is described in section one hundred and °''°''^"*^- 
thirty-eight, and it appears that the corporation neglected 
to give the signals required by said section or to give signals 
by such means or in such manner as may be prescribed by 
orders of the department, and that such neglect contributed 
to the injury, the corporation shall be liable for all damages 
caused by the collision, or to a fine recoverable by indict- 
ment as provided in section two A of chapter two hundred 
and twenty-nine, or, if the life of a person so injured is lost, 
to damages recoverable in tort, as provided in said section 
two A, unless it is shown that, in addition to a mere want of 
ordinary care, the person injured or the person who had 
charge of his person or property was, at the time of the 
collision, guilty of gross or wilful negligence, or was acting 
in violation of the law, and that such gross or wilful negligence 
or unlawful act contributed to the injury. 

Section 11. This act shall take effect on January first. Effective 
nineteen hundred and fifty, and shall apply only to deaths 
resulting from injuries or accidents occurring on or after 
said date, provided that the provisions of this section shall 
not affect any right of action which accrued prior to the 
effective date of this act. Approved June 14, 1949. 



370 



Acts, 1949. — Chaps. 428, 429. 



G. L. (Ter. 
Ed.), 167, new 
§ 54, added. 

Registration 
of trust 
securities by 
banks doing 
a trust 
business. 



Chap. 428 An Act relative to the registration of trust securi- 
ties IN THE NAMES OF NOMINEES BY BANKS DOING A 
TRUST BUSINESS. 

Be it enacted etc., as follows: 

Chapter 167 of the General Laws is hereby amended by 
adding at the end thereof the following section: — Section 64- 
Any individual, partnership, association or corporation au- 
thorized to do a banking business and to exercise trust powers 
in the commonwealth may cause any stock or security held 
in a fiduciary capacity to be registered and held in the name 
of a partnership or corporate nominee residing or having a 
principal place of business within the commonwealth named 
by him or it, provided that every individual trustee of the 
same estate or trust consents thereto, and any fiduciary may 
deposit stocks or other securities held in a fiduciary capacity 
with one so exercising trust powers, with authority to register 
and hold the same in the name of a partnership or corporate 
nominee residing or having a principal place of business within 
the commonwealth. Such a depository shall not, without first 
causing the stock or security to be registered in the name of 
the depositing fiduciary as such, redeliver the same to him, 
but this provision shall not apply to other transfers or to sales 
made by the depository pursuant to directions of the deposit- 
ing fiduciary, and the depository and his or its partnership or 
corporate nominee residing or having a principal place of 
business within the commonwealth shall be held to have dis- 
charged their responsibilities by accounting for or paying over 
the proceeds of any sale or transfer made as so directed. A 
fiduciary holding securities in the maimer authorized by this 
section shall retain possession of said securites, shall maintain 
adequate records indicating the ownership thereof, shall 
segregate the same from his or its own assets, and shall be 
absolutely Uable for any loss occasioned by the acts of a 
nominee. Approved June 14, 1949. 



ChapA29 An Act relative to the temporary suspension of 

CIVIL SERVICE employees. 



G. L. (Ter. 
Ed.), 31, § 43, 
etc., amended. 



Removal, etc., 
of certain 
persons in 
classified 
service. 



G. L. (Ter. 
Ed.). 31, : 
etc., amended. 



§43, 



Be it enacted, etc., as follows: 

Section 1. Section 43 of chapter 31 of the General Laws, 
as amended, is hereby further amended by striking out the 
second sentence in paragraph (a) and inserting in place 
thereof the following sentence: — He shall not be discharged, 
removed, suspended for a period exceeding five days, laid off, 
transferred from such office or employment without his con- 
sent, lowered in rank or compensation, nor shall his office or 
position be abohshed, except for just cause and for reasons 
specifically given him in writing, together with a copy of 
sections forty-three and forty-five. 

Section 2. Saidsection43of said chapter 31, as amended, 
is hereby further amended by striking out the first sentence 



Acts, 1949. — Chaps. 430, 431. 371 

in paragraph (e) and inserting in place thereof the following 
sentence : — A temporary suspension for a period not ex- Temporary 
ceeding five days may be made only by the appointing au- suspension. 
thority or by a subordinate to whom such authority has been 
delegated, or by a chief of police, or officer performing similar 
duties, however entitled, or by a subordinate to whom such 
authority has been delegated by him, and may only be made 
pending a hearing, which shall be held by the appointing au- 
thority within five days, exclusive of Sundays and holidays. 

Approved June 14, 1949. 

An Act relative to certifications for offices and ChapASO 

POSITIONS under the CIVIL SERVICE LAW AND RULES, 

Be it enacted, etc., as follows: 

Section 6 of chapter 31 of the General Laws, as amended, Edo.'siiTc. 
is hereby further amended by striking out the first sentence, etc.'amendea. 
as appearing in the Tercentenary Edition, and inserting in 
place thereof the following sentence : — No rule shall be certification 
made which shall limit, except for moral unfitness and after (^nderchi"^ 
investigation, the certification for the same office or position service rules. 
of any person whose name is on any ehgible list during his 
period of eligibility. Approved June 14, 1949. 

An Act further providing for the construction by (Jfidp 431 

THE state department OF PUBLIC WORKS OF CERTAIN 
RECREATION AREAS IN THE EAST BOSTON DISTRICT OF THE 
CITY OF BOSTON. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose which is to provide for the immediate p""^*""^'*^- 
construction of certain recreation areas in the East Boston 
district of the city of Boston, therefore it is hereby'- declared 
to be an emergency law, necessary for the immediate preser- 
vation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provision of 
any general or special law, if the commissioner of airport 
management, with the approval of the state airport manage- 
ment board, certifies to the state department of public works 
that the estate owned by the city of Boston and known as 
World War Memorial Park and the estate owned by said 
city and known as William Amerena Playground are neces- 
sary for the purposes of the General Edward Lawrence Logan 
Airport, the state department of public works, acting in the 
name and behalf of the commonw^ealth, and the mayor of the 
city of Boston, acting in the name and behalf of said city, are 
hereby authorized (1) to contract to exchange and exchange 
all the right, title and interest of the city of Boston in said 
estates for such right, title and interest as said department 
and said mayor may agree upon in a new recreation area, 
with suitable approach, at or near the waterfront extending 



372 Acts, 1949. — Chap. 431. 

from Wordsworth street (extended) to Thurston street in 
the East Boston district of the city of Boston and in a new- 
recreation area, including suitable approaches and a parking 
space for motor vehicles, at or near Porter street in said 
East Boston district by the so-called airport approach ex- 
change and (2) to execute and deliver all contracts, agree- 
ments, deeds and other instruments which may be necessary 
or convenient to fix the sites of said new recreation areas 
and to effectuate the construction of said new recreation 
areas and the exchange of said estates owned by said city 
for said new recreation areas when constructed. No action 
taken under this act either by the mayor of the city of Boston 
or by the state department of public works shall require 
the authorization or approval of any other person or persons; 
provided, however, that no contract for exchange or deed 
of exchange executed by the state department of public 
works under this act shall be valid unless approved by the 
governor and council; and provided, further, that nothing 
contained in this act shall be held to affect the power or 
duty of the attorney general or of the corporation counsel 
of the city of Boston to approve as to form any contract, 
agreement, deed or other instrument or the power or duty 
of the governor and council to approve contracts. The 
provisions of chapter ninety-two A of the General Laws 
shall not apply to any construction, development or other 
work under this act or to any expenditure in connection 
therewith. 

Said new recreation areas, including the parking space 
for the recreation area at or near Porter street, shall be 
constructed upon such lands now owned by the common- 
wealth and under the control of the state airport management 
board as the commissioner of airport management, with the 
approval of the state airport management board, shall have 
certified to the state department of public works are, to the 
extent of the estate designated in such certificate, not neces- 
sary for the purposes of the aforesaid airport. The ap- 
proaches to said new recreation areas may be constructed 
upon or over any such land or upon or over any land in 
which a right or title has been acquired under section three 
of this act or, if the state department of pubhc works shall 
have determined that any such approaches are consistent 
with, or will not substantially interfere with, the purpose 
for which such land is held, upon or over any land now owned 
by the commonwealth and under the control of said depart- 
ment if in the contract for exchange it is agreed to grant the 
city of Boston an appropriate easement in such land or a 
permit to use the same. Said new recreation areas shall be 
constructed with such structures and facilities for recreation 
as said department and the mayor of said city may agree 
upon in the aforesaid contract for exchange or in any supple- 
mentary instrument or instruments provided for in said 
contract ; provided, however, that the structures and facilities 
of the recreation area at or near Porter street shall include 



Acts, 1949. — Chap. 431. 373 

a stadium or similar structure or structures seating at least 
five thousand persons. 

All land and rights therein conveyed to the common- 
wealth by said city by any deed of exchange under this act 
shall, forthwith upon such conveyance, become a part of the 
General Edward Lawrence Logan Airport and subject to all 
laws pertaining to said airport. All land and rights therein 
conveyed to said city by the commonwealth by any such deed 
of exchange shall, from and after such conveyance, be main- 
tained by the park department of said city as a public play- 
ground in accordance with the provisions of chapter forty- 
five of the General Laws. 

Section 2. At the time of the execution of the contract 
for exchange provided for by section one of this act, the city 
of Boston shall pay into the state treasury the sum of three 
hundred thousand dollars to be expended as provided in 
section three of this act. For the purpose of providing funds 
to make such payment, the treasurer of said city, without 
further authority than that contained in this act, shall forth- 
with borrow three hundred thousand dollars and may issue 
bonds or notes of the city therefor, which shall bear on their 
face the words ''City of Boston, East Boston Stadium, Act 
of 1949." Such loan shall be in excess of the statutory limit 
of indebtedness, shall be payable in not more than ten years 
from its date, and shall, except as herein otherwise provided, 
be subject to all laws relative to the incurring of debt by said 
city. 

Section 3. The state department of pubhc works is 
hereby authorized and directed to take by eminent domain 
under chapter seventy-nine of the General Laws, or other- 
wise acquire, such lands, including lands devoted to a public 
use but not owned by the commonwealth, or rights therein as 
may be necessary for approaches to the aforesaid new recrea- 
tion areas and to develop and construct said recreation areas 
and such structures, facilities, parking spaces and approaches 
therefor as said department and the mayor of said city may 
have agreed upon as provided in section one of this act; and 
for said purposes said department shall, without further 
appropriation, expend the sum of one million three hundred 
thousand dollars, which shall be paid from the funds reserved 
by section four of chapter six hundred and seventy-six of the 
acts of nineteen hundred and forty-seven for the purpose 
of chapter five hundred and sixteen of the acts of nineteen 
hundred and forty-six, and, in addition thereto, the sum of 
three hundred thousand dollars, which is to be paid by the 
city of Boston into the state treasury as provided by section 
two of this act. 

Section 4. Section three of chapter three hundred and 
eighty-three of the acts of nineteen hundred and forty-five 
and chapter five hundred and sixteen of the acts of nineteen 
hundred and forty-six, as amended by chapter six hundred 
and fifty-two of the acts of nineteen hundred and forty-eight, 
are hereby repealed. 



374 Acts, 1949. — Chaps. 432, 433, 434. 

Section 5. This act shall take fuU 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 June 14t 1949. 

ChapAS2 An Act authorizing the city of somerville to pay a 

CERTAIN SUM OF MONEY TO ISOBEL M. CHENEY, A PUBLIC 
SCHOOL TEACHER IN SAID CITY. 

Be it enacted f etc., as follows: 

Section 1. The city of Somerville is hereby authorized 
to pay to Isobel M. Cheney, a public school teacher in said 
city, the sum of one hundred and twenty-two dollars as 
compensation for services rendered by her, while serving as 
an exchange teacher in Hawaii, on days during a period of 
sick leave in excess of the number thereof for which she is 
otherwise entitled to compensation. 

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

Approved June 16, 19^9. 

Chap ASS An Act relative to the authority of the town of 

ESSEX TO BORROW MONEY FOR WATER PURPOSES. 

Be it enactedy etc., as follows: 

Section 1. Section 5 of chapter 261 of the acts of 1934, 
as amended by section 1 of chapter 548 of the acts of 1947, 
is hereby further amended by striking out, in lines 6 and 7, 
the words "one hundred and fifty" and inserting in place 
thereof the words : — three hundred, — so as to read as 
follows : — 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 ex- 
penses of maintenance and operation, issue from time to 
time bonds or notes to an amount, not exceeding, in the ag- 
gregate, three hundred thousand dollars, which shall bear 
on their face the words. Town of Essex Water Loan, Act of 
1934. 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 chapter forty-four of the General Laws, ex- 
clusive of the hmitation contained in the last paragraph of 
section eight thereof. 

Section 2. This act shall take effect upon it