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

ACTS 



AND 



RESOLVES 



PASSED HY THE 



€nmi\\ dfourt of ^laHsatlmsctts 



IN THE YEAR 



1950 



TOGETHER WITH 



TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY 



EDWARD J. CRONIN 

Secretary of the Commonwealth 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 

1950 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1950 



The General Court, which was chosen November 2, 1948, 
assembled on Wednesday, the fourth day of January, 1950, for its 
second annual session. 

His Excellency Paul A, Dever and His Honor Charles F. 
Jeff Sullivan continued to serve as Governor and Lieutenant 
Governor, respectively, for the political year of 1950. 



ACTS. 



An Act authorizing the town of dalton to borrow (JJku) \ 
money for school purposes. ^' 

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

Section 1. For the purpose of constructing; and origi- 
nally equipping and furnishing of an addition to a school 
building, the town of Dalton 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, 
Dalton School Loan, Act of 1950. 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 provided herein, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved January 19, 1950. 



An Act authorizing the town of plainville to borrow Chan. 2 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section L For the purposes of acquiring land for and 
constructing and originally equipping and furnishing a school 
building, the town of Plainville 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 and seventy-five thousand 
dollars, and may issue bonds or notes of the town therefor 
which shall bear on their face the words, Plainville School 
Loan, Act of 1950. 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 January 24, 1950. 



Acts, 1950. — Chaps. 3, 4, 5. 



Chap. 3 An Act authorizing the town of sharon 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 school building, the town of 
Sharon 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 
twenty-five thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Sharon 
School Loan, Act of 1950. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit, but shall, except as provided herein, be subject to 
chapter forty-four of the General Laws, inclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved January 21^, 1950. 

Chap. 4 An Act authorizing the town of northborough to 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section L For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town of 
Northborough 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 hun- 
dred and fifty thou.sand dollars, and may issue bonds or notes 
of the town therefor which shall bear on their face the words, 
Northborough School Loan, Act of 1950. 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 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 January £4, 1950. 

Chap. 5 An Act authorizing the town of mattapoisett to 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., ^as follows: 

Section 1. For the purpose of constructing additions to 
the Center school and originally equipping and furnishing 
same, the town of Mattapoisett may borrow from time to 
time, within a period of five years from the passage of this 



Acts, 1950. — Chaps. 6, 7. 

act, such sums as may be necessary, not exceeding, in the 
aggregate, two hundred and seventy thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Mattapoisett School Loan, Act of 1950. 
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 bo 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 January 24, 1950. 



An Act authorizing the town of south hadley to bor- nhn^ a 

ROW 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 
South Hadley 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 of 
the town therefor which shall bear on their face the words, 
South Hadley School Loan, Act of 1950. 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 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 January 2 4, 1960. 



An Act authorizing the west boylston water district 
OF west boylston to lay a water main within the 

LIMITS of the city OF WORCESTER AND TO FURNISH AND 
SELL WATER TO CERTAIN INHABITANTS OF THE CITY OF 
WORCESTER. 

Be it enacted, etc., as folloivs: 

Section 1. The West Boylston water district of West 
Boylston, hereinafter called the district, is hereby authorized 
to lay a water main within the limits of the city of Worcester 
in West Boylston street, and in a private way known as 
Maplewood avenue, subject to such arrangements as may 
be made with the owners of said private way, for the purpose 
of interconnecting two extremities of the present distribution 
system of said district; provided, that the laying of said 
main within the public way of said city shall be subject in 



Chap. 



6 Acts, 1950. — Chap. 8. 

all respects to the approval of the board of pubhc works 
thereof. 

Section 2. In case the owners of the private way known 
as Maplewood avenue in said city and the district fail to 
agree as to an arrangement for laying the water pipe in said 
private way in accordance with section one of this act, the 
district may take an easement through said right of way for 
the purposes of this act, under the provisions of chapter 
seventy-nine of the General Laws. 

Section 3. The district may furnish and sell water to 
the inhabitants of said city residing along the water main 
to be laid in accordance with section one of this act, and not 
served by said city, at a rate or rates as may be mutually 
agreed upon by the board of water commissioners of the dis- 
trict and the board of public works of said city, and said 
district shall, upon request of said city, establish and main- 
tain hydrants and relocate and discontinue the same along 
said main laid in accordance with section one of this act at 
such rates as may be mutually agreed upon by the board of 
water commissioners of the district and the board of public 
works of said city. In case of failure to agree as to the rates 
for furnishing and selling water and for the rental for hy- 
drants, the rates shall be fixed by the state department of 
pubhc utilities. 

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

Approved January 24, 1950. 



Chap. 8 ^^ -^CT INCREASING THE AMOUNT OF MONEY THAT THE 
TOWN OF BERLIN MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 297 of the acts of 1947 
is hereby amended by striking out, in line 5, the word 
"thirty-six" and inserting in place thereof the words: — 
one hundred and twenty, — so as to read as follows : — 
Section 1. For the purpose of constructing and originally 
equipping and furnishing a school building, the town of 
Berlin may borrow from time to time, within a period of 
five years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, one hundred 
and twenty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Berlin 
School Loan, Act of 1947. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid 
in not more than twenty j'^ears from their dates. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory hmit, 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 January 24, 1950. 



Acts, 1950. — Chaps. 9, 10. 



A.N Act authorizing the town of concord to borrow Qfid'n 9 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For tho purpose of constructing; and origi- 
nally e(iuipping and furnishing new school buildings, or 
additions to existing school buildings, or both, the town of 
Concord may borrow, from time to time, within a period of 
five 3'ears from the passage of this act, such sums as may be 
necessary, not exceeding in the aggregate six hundred thou- 
sand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words. Concord 
School Loan, Act of 1950. 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 tliis act shall be in excess of the statutory 
limit, and shall, except as provided herein, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved January 24, 1950. 

An Act authorizing the city of leominster to grant Qfiaj) \Q 
A permit relative to the construction and main- 
tenance of a structure bridging water street in 
said city, 

Be it enacted, etc., as follows: 

Section 1. LTpon petition and after seven days' notice 
pul>lished in a newspaper published in the city of Leominster 
and a public hearing thereon, the city council of said city 
may, with the approval of the mayor, grant and issue a permit 
to the Star Manufacturing Company, a Massachusetts cor- 
poration, authorized to do business in this commonwealth, 
its successors and assigns, to build, and on such conditions 
and subject to such restrictions as said council may pre- 
scribe, permanently maintain, a structure bridging Water 
street in said city connecting lands owned by said corpora- 
tion on opposite sides of said street. 

Section 2. No structure bridging said street under a 
permit issued as provided in section one of this act shall be 
constructed or maintained at a height less than eighteen 
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. 

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 mainte- 
nance of said structure, he may recover damages therefor in 



8 Acts, 1950. — Chaps. 11, 12. 

an action of tort brought against said Star Manufacturing 
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 Star Manufacturing Company, or its succes- 
sors or assigns, by, or on behalf of, the person or persons 
sustaining the same as is, under the provisions of chapter 
eight3'-f(nir 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. 

Approved January 24, 1950. 

Chap. 11 An Act authorizing the transfer from the street and 

WATER department TO THE PARK DEPARTMENT OF THE 
CITY OF MALDEN OF CERTAIN LAND ON SAVIN STREET IN 
SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The street and water commission of the 
city of Maiden is hereby authorized to transfer to the board 
of park commissioners of said city control and charge of the 
following parcel of land held by said city for street purposes : 
— A triangular parcel of land bounded and described as 
follows : — Northerly, by a line parallel with and 40 feet 
southerly from the northerly line of Savin street, as laid out 
September twenty-sixth, nineteen hundred and twenty-two, 
170.74 feet; southerly, by a hne parallel with and 40 feet 
northerly from the southerly line of Fellsmere road, as kid 
out November twenty-second, nineteen hundred and twenty- 
three, 111.21 feet; westerly, by the easterly line of land now 
or late of Alfred W. and Mary L. Devine, 99.82 feet, con- 
taining 5,282 square feet. Said transfer shall take effect upon 
acceptance thereof by vote of said board of park commis- 
sioners. Thereafter said land shall be under the control and 
charge of said board of park commissioners. 

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 January 24, 1950. 

Chap. 12 An Act authorizing the city of lynn to sell part of 

CEDAR BROOK PLAYGROUND, SO-CALLED, IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authority, 
may sell, transfer and convey to John N. Robbins of said 
city, the following described parcel of land; provided, that 
the board of park commissioners of said city shall, l)y vote 
at a regular meeting thereof, assent to such sale. Said parcel 



Acts, 1950. — Chaps. 13, 14. 9 

is bounded and described as follows : — Northeasterly, by- 
Cedar Brook road a distance of four hundred fec^t; easterly, 
by the arc of a circle luuang a radius of thirty-six and eight- 
een hundredths feet a distance of sixty-three and six hun- 
dredths feet; southeasterly, by Tuscan road a distance of 
ninety-six and sixty-seven hundn^dths feet; southwesterly, 
by the arc of a circle having a radius of fifty-six and seventy- 
eight hundredths feet a distance of seventy-six and sixty 
himdredths feet; bounded more southwesterly by the arc 
of a circle having a radius of one thousand two and fifty-five 
hundredths feet a distance of three hundred and ninety- 
four and eighty-two hundredths feet, and containing sixteen 
thousand, six hundred and twenty-three square feet, more 
or less, and shown on plan entitled, "Subdivision of Land 
Shown Upon Plan Filed With Certificate of Title Number 
Fourteen Thousand Five Hundred Sixty-Six, South Registry 
District of Essex County, Land in Lynn," dated July four- 
teen, nineteen hundred and forty-nine, numbered seventy- 
six A-C and signed by Frank E. Gowdy, City Engineer. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city coun- 
cil of said city, subject to the provisions of its charter, but 
not otherwise. Approved January SJf., 1950. 

An Act authorizing the city of lynn to sell certain nhr,^ ^ q 

LAND HELD BY ITS PARK DEPARTMENT. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its mayor, when so 
authorized by the city council, may sell or convey, free and 
clear from any obligation to use the same for park purposes 
or any other public purposes, to Charles A. and Thelma B. 
Pare, a certain parcel of land being a portion of the Flax 
pond bathhouse land on the northerly side of Flax pond and 
more particularly described as follows : — a strip of land 
ten feet in width running the length of and adjoining the 
premises now owned by the said Pares at No. 36 Town's 
court in said city. 

Section 2. This act shall take effect when, after recom- 
mendation by the board of park commissioners of the city 
of Lynn, it is accepted, during the current year, by the city 
council of said city, subject to the provisions of its charter, 
but not otherwise. Approved January 2Jf, 1950. 



An Act authorizing the city of Worcester to use a 
portion of rockwood field, a public playground, 
for school purposes. 

Be it enacted, etc., as folloivs: 

Section L The city of Worcester is hereby authorized 
to use for school purposes five and forty-six thousandths 
acres of land situated on the southwesterly side of Chandler 



Chap. 14 



10 Acts, 1950. — Chap. 15. 

street in said city, being a portion of a playground known as 
Rockwood field and under the jurisdiction of the parks and 
recreation commission of said city, and abutting state- 
owned land at the Worcester state teachers college. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by the city council and by the 
parks and recreation commission of said city, but not other- 
wise. Approved January 24-, 1950. 

Chap. 15 An Act to authorize the town of bridgewater to 

COMBINE AND CONSOLIDATE THE OFFICES AND DUTIES OF 
THE SEWER COMMISSIONERS AND WATER COMMISSIONERS 
OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Bridgewater may combine and 
consolidate the offices of sewer commissioners and water 
commissioners and establish a board of sewer and water 
commissioners, to consist of three members to be elected on 
the ofl[icial ballot at the annual town election in the year 
following the acceptance of this act, as provided by section 
three. One commissioner shall be elected for a term of one 
year, one commissioner for a term of two years, and one com- 
missioner for a term of three years, and thereafter one com- 
missioner shall be elected annually for a term of three years. 
The said board of sewer and water commissioners shall have 
all the duties, powers and authority granted to and vested 
in the board of water commissioners of said town by chapter 
fifteen of the acts of nineteen hundred and twenty-five, 
and in the board of sewer commissioners by chapter four 
hundred and seventy-two of the acts of nineteen hundred 
and forty-eight, and by general law. 

Section 2. Upon the election and qualification of sewer 
and water commissioners in accordance with the provisions 
of this act, the offices of sewer commissioners and water com- 
missioners shall be abolished and the services of sewer com- 
missioners and water commissioners then in office shall 
terminate. 

Section 3. 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 to be 
used for the election of town officers, if action is to be taken 
at an annual towm meeting, or on a printed ballot to be used 
in connection with the voting list if action is taken at a special 
town meeting: — "Shall an act passed by the general court 
in the year nineteen hundred and fifty, entitled, 'An Act to 
authorize the town of Bridgewater to combine and consolidate 
the offices and duties of the sewer commissioners and water 
commissioners of said town', 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 January 24, 1960. 



Acts, 1950. — Chaps. 16, 17. 11 



An Act authorizing the city of lynn to use certain (JJiQjf \Q 

PLAYGROUND LAND FOR HIGHWAY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn is hereby authorized to 
use for hi,2;h^vaJ^ purposes a part of Cedar Brook playground, 
so called, in said cit}^, bounded and described as follows: — 
Beginning at a point on the northeasterly side line of Cedar 
Brook road, a distance of two hundred and thirty-eight and 
ninety-three hundredths feet southeasterly from a monu- 
ment, the line runs southeasterly by the arc of a circle hav- 
ing a radius of one thousand fifty-two and fifty-five hun- 
dredtlis feet a distance of four hundred and fourteen and 
fifty hundredths feet; thence the line turns and runs south- 
easterly by azimuth three hundred and twenty-five degrees, 
five minutes and twenty-five seconds a distance of one hun- 
dred and forty-one and forty-nine hundredths feet; thence 
the line turns and runs more easterly by the arc of a circle 
having a radius of four hundred and fifty-one and twenty- 
seven hundredths feet a distance of one hundred and seventy- 
seven and seventy-two hundredths feet; thence the line 
turns and runs southeasterly by azimuth three hundred and 
two degrees, thirty-one minutes and thirty-one seconds a 
distance of one hundred feet to the present line of Cedar 
Brook road. The southwesterly side line is parallel with and 
fifty feet distant from the above described northeasterly 
side line except as sho^vn on plan of said premises entitled, 
"Subdivision of Land Sho^vn Upon Plan Filed With Certifi- 
cate of Title No. Fourteen Thousand Five Hundred Sixty- 
Six, South Registry District of Essex County, Land in Lynn," 
dated July fourteen, nineteen hundred and forty-nine, num- 
bered seventy-six A-C and signed by Frank E. Gowdy, 
City Engineer, and containing, according to said plan, 
fourteen thousand, four hundred and eighty-three square 
feet; and thereafter the part aforesaid shall be under the 
care and control of said city of Lynn for highway purposes. 

Section 2. This act shall take full effect upon its accept- 
ance, during the current year, by vote of the board of park 
commissioners of said city, and by vote of the city council 
thereof, subject to the provisions of its charter, but not 
otherwise. Approved January 21^., 1950. 

An Act to authorize the town of groton to borrow Qhnj) 17 

MONEY FOR SCHOOL PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section L For the purpose of acquiring land for and 
constructing and originally equipping and furnishing a school 
building, the town of Groton 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 
two hundred thousand dollars, and may issue bonds or notes 



12 Acts, 1950. — Chaps. 18, 19, 20. 

therefor which shall bear on their face the words, Groton 
School Building Loan, Act of 1950. 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 
hmit but shall, except as herein provided, be subject to chap- 
ter forty-four of the General Laws, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 
Section 2. This act shall take effect upon its passage. 

Approved January 27, 1950. 

Chap. 18 An Act relative to the holding of basketball games 

ON the lord's day in the town of LUNENBURG. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
twentj'-seven of chapter one hundred and thirty-six of the 
General Laws, it shall be lawful to take part in or witness 
basketball games on the Lord's day in the town of Lunen- 
burg in a place not within five hundred feet of any regular 
place of worship; provided, that a license or permit for such 
games has been issued by the licensing authority. 

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

Approved January 27, 1950. 

Chav. 19 An Act providing that the duly elected tree warden 

IN THE town of W^EYMOUTH SHALL BE, AND PERFORM THE 
duties of, moth SUPERINTENDENT IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section L Any provision of general or special law to 
the contrary notwithstanding, the duly elected tree warden 
shall be and perform the duties of moth superintendent in 
the town of Weymouth. 

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

Approved January 27, 1950. 

Chav. 20 An Act authorizing the town of swampscott to use 

CEliTAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott is hereby authorized 
to use such portion of Abbott park, located in said town and 
bounded by Norfolk avenue, Paradise road, Ellis road and 
Middlesex avenue, as the town, by vote passed within tive 
years after the passage of this act, shall determine, for the 
erection of a public school building or for an addition to the 
existing Clarke school building or for other school uses, or 
for all purposes incidental thereto; and after such vote, such 
portion shall be under the same care and control as other 
school property. 

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

Approved January 27, 1950. 



Acts, 1950. — Chaps. 21, 22, 23, 24. 13 



An Act pertaining to ArpLicATioNs for absent voting, (Jjidnj 21 
Be it enacted, etc., as follows: 

Section 86 of chapter 54 of the General Laws, as amended E.iVil'^ssc, 
by section 1 of chapter 466 of the acts of 1945, is hereby etc.,' amended. 
further amended by striking out, in hnes 7 and 8, the words 
"as provided in section ninety". 

Approved January 27, 1950. 

An Act to require reports of births occurring in Chav. 22 

airplanes. 

Be it enacted, etc., as follows 

Chapter 46 of the General Laws is hereby amended by o. l. (Ter. 
inserting after section 7 the following section: — Section 7 A. f yA.tdde'r 
The captain or other commanding officer of an airplane Report of 
shall give notice, with the facts required for record, of every airplanes. 
birth occurring among the persons under his charge. Said 
notice shall be given to the clerk of the town at which his 
airplane first arrives after such birth. The captain or other 
commanding officer of an airplane neglecting to give notice 
of such a birth for ten days after the arrival of his airplane 
at the place where notice is to be given shall forfeit not more 
than five dollars. Approved January 27, 1950. 

An Act designating the city field, so called, in the QJiqij 23 

CITY OF revere AS THE GEORGE C. SULLIVAN FIELD. 

Be it enacted, etc., as follows: 

Section 1. The field at the corner of Revere Beach 
boulevard and Revere street in the city of Revere, commonly 
known as City Field, shall hereafter be known and designated 
as the George C. Sullivan Field. 

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

Approved January 27, 1950. 

An Act authorizing the town of watertown to reim- (JJidp 24 

BURSE WALTER C. FREEMAN FOR MEDICAL EXPENSES IN- 
CURRED BY' HIM ON ACCOUNT OF INJURIES SUSTAINED BY 
HIS SON IN THE PLAYGROUND AREA OF THE EAST JUNIOR 
HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Watertown may appropriate and pay to 
Walter C. Freeman the sum of two hundred and twenty-five 
dollars, to reimburse him for expenses of medical care in- 
curred by him on account of injuries sustained on June fif- 
teenth, nineteen hundred and forty-nine, by his minor son, 



14 Acts, 1950. — Chaps. 25, 26. 

Robert Freeman, in the playground area of the East Junior 
high school in said town. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the town meeting members 
at a regular or special town meeting, but not otherwise. 

Approved January 27, 1950. 

Chap. 25 An Act to authorize the city of medford to sell for 
veterans' housing purposes a part of a certain tract 
OF land originally acquired for cemetery purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Medford is hereby authorized to 
use and devote for veterans' housing a part of a certain tract 
of land on Grove street in said city, adjoining the Winchester 
town line, and originally acquired by said city for cemetery 
purposes. 

Section 2. Said city is hereby further authorized to sub- 
divide such tract into parcels of adequate size for house lots, 
laying out and providing or causing to be provided ways, 
public and private, and other public utilities for the use of 
the development, to such extent as it deems necessary or 
advisable. 

Section 3. Said city is hereby further authorized to sell 
such parcels to veterans at reasonable rates on conditions 
requiring, in each case, the erection within a specified time 
of a single family residence thereon for the occupancy in 
whole or in part of the veteran purchasing the same, and on 
such other conditions deemed necessary and in conformance 
with existing veterans' housing legislation. 

Approved January 27, 1950. 

Chap. 26 An Act transferring certain park land from the 

DEPARTMENT OF PUBLIC PARKS OF THE CITY OF SPRING- 
FIELD TO THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. A certain parcel of land located on the south- 
westerly side of Roosevelt avenue in the city of Springfield, 
hereinafter described by metes and bounds, is hereby trans- 
ferred, free of all restrictions, from the department of public 
parks of said city to said city of Springfield for any purposes 
for which a city has the power to hold and convey property, it 
being the intention of said city to construct thereon a fire 
alarm headquarters. Said parcel of land is bounded and 
described as follows: — Beginning at a point in the south- 
westerly street line of Roosevelt avenue, said point being 
south 45° 38' 10" west a distance of two hundred and thirty- 
two and forty-three one hundredths feet from the south- 
westerly corner of Roosevelt avenue and Edgemont street 
as measured in the said southwesterly street line of Roosevelt 
avenue; thence south 19° 36' 50" west a distance of three 
hundred and seventy-eight and fifty-four one hundredths 



Acts, 1950. — Chap. 27. 15 

feet along land of the Springfield Infirmary to a point; 
thence south G9° 46' 30" west a distance of four hundred 
and six and ten one hundredths feet along land of said 
Springfield Infirmary to the southwesterly line of Roosevelt 
avenue; thence north 45° 38' 10" east a distance of seven 
hundred and ten and seventy-six one hundredths feet along 
the southwesterly street line of said Roosevelt avenue to 
the point of beginning. Containing about 1.358 acres. 

Section 2. This act shall take full effect upon its ac- 
ceptance bj'' a majority vote of the city council and of the 
park commissioners of the city of Springfield, and upon 
deposit in the ofl^ice of the state secretary before December 
thirty-first, nineteen hundred and fifty, of a suitable plan 
of said parcel, but not otherwise. 

Approved January 27, 1950. 



Chap. 27 



An Act making certain laws affecting veterans and 

THEIR organizations APPLICABLE TO THE MILITARY 
ORDER OF THE PURPLE HEART. 

Be it enacted, etc., as follows: 

Section 1. Section 49 of chapter 33 of the General Laws, g. l. (Ter. 
as most recently amended by chapter 415 of the acts of ^tc'^'amendtd 
1949, is hereby further amended by inserting after the word 
"Inc." in line 48, as appearing in chapter 171 of the acts of 
1948, the words: — , the Military Order of the Purple Heart, 
— so as to read as follows : — Section Jj.9. Except as pro- unauthorized 
vided in section fifty, no body of men, except the organized 'i^'i'^g- 
militia, the troops of the United States, and the Ancient and 
Honorable Artillery Company of Massachusetts, shall main- 
tain an armory, or associate together at any time as a com- 
pany or organization, for drill or parade with firearms, or 
so drill or parade; nor shall any city or town raise or appro- 
priate money toward arming, equipping, uniforming, sup- 
porting or providing drill rooms or armories for any such 
body of men; provided, that associations wholly composed 
of soldiers honorably discharged from the military service of 
the United States may parade in public with arms, upon the 
reception of any regiment or company of soldiers returning 
from said service, and for escort duty at the burial of de- 
ceased soldiers, with the written permission of the mayor of 
the city or selectmen of the city or town where they desire 
to parade; that students in educational institutions where 
military science is a prescribed part of the course of instruc- 
tion or members of schools for military instruction conducted 
with the approval of the commander-in-chief may, with the 
consent of the commander-in-chief, drill and parade with 
firearms in public, under the superintendence of their in- 
structors or teachers; that foreign troops whose admission 
to the United States has been consented to by the United 
States government may, with the consent of the commander- 
in-chief, drill and parade with firearms in pubhc; that any 
body of men may, with the consent of the commander-in- 



16 Acts, 1950. — Chap. 27. 

chief, drill and parade in public with any harmless imitation 
of firearms approved by the adjutant general; that regularly 
organized posts of the Grand Army of the Republic, The 
American Legion, Veterans of Foreign Wars of the United 
States, Disabled American Veterans, Department of Massa- 
chusetts, and Jewish War Veterans of the United States, 
and of the American Veterans of World War II, AAIVETS 
— Department of Massachusetts, and of the Franco-Ameri- 
can War Veterans, Inc. and of the Italian-American World 
War Veterans of the United States, Inc., and of the United 
American Veterans of the United States of America, Inc., 
and of the PT Veterans Association, Inc., and of the Ameri- 
can Portuguese W^ar Veterans Association, regularly organ- 
ized camps of the United Spanish War Veterans, regularly 
organized detachments of the Marine Corps League, regu- 
larly organized chapters of the Yankee Division Veterans 
Association, the American Veterans' Committee, Inc., and 
the Massachusetts State Guard Veterans, 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., the Polish-American Veterans of World 
War II, Inc., the Lithuanian War Veterans' Organization, 
Inc., the World War II Veterans' Association of Hamp- 
shire County, Inc., the Military Order of the Purple Heart 
and regularly organized garrisons of the Army and Navy 
Union, U. S. A., and regularly organized units thereof may 
drill and parade with firearms in public, under the super- 
vision of their duly authorized officers; that the Kearsarge 
Association of Naval Veterans, Inc., may at any time parade 
in public their color guards of not more than twelve men 
armed with firearms; that the Society of Colonial Wars in 
the Commonwealth of Massachusetts, the Order of the 
Founders and Patriots of America, the Massachusetts 
Society of the Sons of the American Revolution, the Society 
of the Sons of the Revolution in the Commonwealth of 
Massachusetts, The Society of the W^ar of 1812 in the Com- 
monwealth of Massachusetts (Incorporated), and regularly 
organized branches of any of said societies, may at any time 
parade in public their uniformed color guards of ten men 
with firearms; that regularly organized camps or other duly 
organized units of the Sons of Union Veterans of the Civil 
War may at any time parade in public their color guards, 
escorts, and firing parties with firearms, but no such camp 
or other organized unit shall at any time so parade more 
than sixteen men; that any organization heretofore author- 
ized by law may parade with side-arms; and that any 
veteran association composed wholly of past members of the 
militia of the commonwealth may maintain an armory for 
the use of the organizations of the militia to which its mem- 
bers belonged; provided, that such drill or parade is not in 
contravention of the laws of the LTnited States. 
EdV'iol's Section 2. Section 5 of chapter 40 of the General Laws 

etc!, 'amended, is hereby amended by striking out clause (12), as most 



Acts, 1950. — Chap. 27. 17 

recently amended by chapter 118 of the acts of 1949, and 
inserting in place thereof the following clause: — 

(12) For erecting headstones or other monuments at ('t'^'sin^ 
the graves of persons who served in the war of the revolu- appropHate 
tiou, the war of eighteen hundred and twelve, the Seminole "eruanl"et- 
war, the JNIexican war, the war of the rebellion or the Indian erans- .)rgan- 
wars or who served in the military or naval service of the certliln'^pur- 
United States in the Spanish American war or in World '^"'"^''• 
war I or in ^^'orld war II, or who served in the military 
service of the commonwealth in time of war; for acquiring 
land by purchase or by eminent domain under chapter 
seventy-nine, purchasing, erecting, equipping or dedicating 
buildings, or constructing or dedicating other suitable 
memorials, for the purpose of properly commemorating the 
services and sacrifices of persons who served as aforesaid; 
for the decoration of the graves, monuments or other me- 
morials of persons who served as aforesaid and the proper 
observance of ^Memorial Day and other patriotic holidays 
under the auspices of the following : — local posts of the 
Grand Army of the Republic, United Spanish War Veterans, 
The American Legion, Veterans of Foreign Wars of the 
United States and Jewish War Veterans of the United States, 
and of the American Veterans of World War II, AMVETS 
— Department of Massachusetts and of the Franco-American 
War Veterans, Inc., and of the Italian- American World 
War Veterans of the United States, Inc., and of the American 
Portuguese War Veterans Association, local chapters of the 
Disabled American Veterans of the World War and of the 
American Veterans' Committee, Inc., local units of the 
Massachusetts State Guard Veterans, Kearsarge Association 
of Naval Veterans, Inc., local garrisons of the Army and 
Navy Union of the United States of America, local chapters 
of the jMassachusetts Society of the Sons of the American 
Revolution, local detachments of the Marine Corps League, 
local clubs of the Yankee Division Veterans Association, 
local camps or other duly organized units of the Sons of 
Union Veterans of the Civil War or local tents of The 
Daughters of Union Veterans of the Civil War or local 
chapters of American Gold Star Mothers, Inc., or local 
chapters of the Military Order of the Purple Heart, and The 
Society of the War of 1812 in the Commonwealth of Massa- 
chusetts (Incorporated); or for keeping in repair graves, 
monuments or other memorials erected to the memory of 
such persons or of the firemen and policemen of the town who 
died from injuries received in the performance of their 
duties in the fire or police service or for decorating the graves 
of such firemen and policemen or for other memorial observ- 
ances in their honor. Money appropriated in honor of such 
firemen may be, paid over to, and expended for such purposes 
by, any veteran firemen's association or similar organization. 

Section 3. Chapter 266 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 70, as most recently amended ^"^ol^i^.l 
by section 4 of said chapter 118, and inserting in place amended.' 



18 Acts, 1950. — Chaps. 28, 29. 

Unlawful thereof the following section : — Section 70. Whoever, not 

insignia. being a member of the Military Order of the Loyal Legion 

of the United States, the Grand Army of the Republic, the 
Sons of Union Veterans of the Civil War, the Woman's 
Relief Corps, the American Gold Star Mothers, Inc., the 
Union Veterans' Union, the Union Veteran Legion, the 
Military and Naval Order of the Spanish-American War, 
the United Spanish War Veterans, the American Officers 
of the Great War, the Veterans of Foreign Wars of the 
United States, the Military Order of Foreign Wars of the 
United States, the Disabled American Veterans of the World 
War, the Yankee Division Veterans' Association, The Ameri- 
can Legion, the Army and Navy Union^ U. S. A., the Ameri- 
can Veterans of World War II, AMVETS, the American 
Veterans' Committee, Inc., the Franco- American War 
Veterans, Inc., the Military Order of the Purple Heart, the 
Italian-American World War Veterans of the United States, 
Inc., the PT Veterans Association, Inc., the American 
Portuguese War Veterans Association, or the Marine Corps 
League, wilfully wears or uses the insignia, distinctive ribbons 
or membership rosette or button thereof for the purpose of 
representing that he is a member thereof shall be pimished 
by a fine of not more than twenty dollars or by imprisonment 
for not more than one month, or both. 

Approved January 27, 1950. 

Chap. 28 An Act prohibiting the canvassing or counting on the 
lord's day of votes cast at certain municipal elec- 
tions. 

Be it enacted, etc., as follows: 

EdVilrsQ Section 9 of chapter 54A of the General Laws, as appear- 

etc, 'amended.' ing in scctiou 1 of chapter 341 of the acts of 1938, is hereby 

amended by adding at the end the following paragraph: — 

Votes not to /{\ j^q cauvass or count of the vote shall be made on the 

be counted on \ ' ^ 

Lord's day. Lord s day. Approved January 27, 19o0. 

Chap. 29 An Act providing for the initiative and referendum 

FOR THE CITY OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 169 of the acts of 1881 is hereby 
amended by inserting after section 24 the following eight 
sections: — Section 24A. A petition conforming to the re- 
quirements hereinafter provided and requesting the city 
council to pass a measure, except an order granted under 
section seventy or seventy-one of chapter one hundred and 
sixty-four, or chapter one hundred and sixty-six of the Gen- 
eral Laws, or requesting the school committee to pass a 
measure, therein set forth or designated, shall be termed an 
initiative petition, and shall be acted upon as hereinafter 
provided. In this and the seven following sections, "meas- 



Acts, 1950. — Chap. 29. 19 

ure" shall mean an ordinance, resolution, order or vote 
passed by a city council, or a resolution, order or vote passed 
by a school committee, as the case may be. Section 24^. 
Signatures to initiative petitions need not be all on one 
paper. All such papers pertaining to any one measure shall 
be fastened together and shall be filed in the office of the 
city clerk as one instrument, with the endorsement thereon 
of the names and addresses of three persons designated as 
filing the same. With each signature to the petition shall 
be stated the place of residence of the signer, giving the street 
and number, if any. 

Within five days after the filing of said petition the regis- 
trars of voters shall ascertain by what number of registered 
voters the petition is signed, and what percentage that num- 
ber is of the total number of registered voters, and shall 
attach thereto their certificate showing the result of such 
examination. 

The city clerk shall forthwith transmit the said certificate 
with the said petition to the city council or to the school com- 
mittee, according as the petition is addressed, and at the 
same time shall send a copy of said certificate to one or more 
of the persons designated on the petition as filing the same. 
Section 2Ifi. If any initiative petition is signed by registered 
voters equal in number to at least twenty per cent of the 
whole number of registered voters, the city council or the 
school committee shall, within twenty days after the date of 
the certificate of the registrars to that effect: 

1. Pass said measure without alteration, subject to the 
referendum vote provided by this chapter; or 

2. The city council shall call a special election to be held 
on a Tuesday fixed by it not less than thirty nor more than 
forty-five days after the date of the certificate hereinbefore 
mentioned, and shall submit the proposed measure without 
alteration to a vote of the registered voters of the city at that 
election; provided, that if any city election is otherwise to 
occur within ninety days after the date of said certificate, 
the city council may, at its discretion, omit caUing the special 
election and submit the proposed measure to the voters at 
such approaching election. Section 24D. If an initiative 
petition is signed by registered voters equal in number to at 
least eight per cent but less than twenty per cent of the total 
number of registered voters, and said measure be not passed 
without alteration within twenty days by the city council or 
the school committee, as provided in the preceding section, 
such proposed measure, without alteration, shall be sub- 
mitted by the city council to a vote of the registered voters 
of the city at the next regular municipal election. A meas- 
ure proposed under this section or section twenty-four C 
shall become effective if it shall be approved by registered 
voters of the city equal in number to one third of the whole 
number thereof and also by a majority of the voters voting 
on such measure, but not otherwise. Section 24E. The 
ballots used when voting upon a proposed measure under 



20 Acts, 1950. — Chap. 29. 

section twenty-four C or twenty-four D, or a measure or 
part thereof protested against under the following section, 
shall state the nature of the measure in terms sufficient to 
show the substance thereof. Section 24F. If, within twenty 
days after the final passage of any measure, except a revenue 
loan order, by the city council or by the school committee, 
a petition signed by registered voters of the city, equal in 
number to at least twelve per cent of the total number of 
registered voters, is presented to the city council or to the 
school committee, as the case may be, protesting against 
such measure, or any part thereof, taking effect, the same 
shall thereupon and thereby be suspended from taking effect; 
and the city council or the school committee, as the case 
may be, shall immediately reconsider such measure or part 
thereof; and if such measure or part thereof is not entirely 
rescinded, the city council shall submit the same, by the 
method herein provided, to a vote of the registered voters 
of the city, either at the next regular city election, or at a 
special election which may, in its discretion, be called for 
the purpose, and such measure or part thereof shall forth- 
with become null and void unless a majority of the registered 
voters voting on the same at such election vote in favor 
thereof. 

The petition described in this section shall be termed a 
referendum petition and section twenty-four B shall apply 
to the procedure in respect thereto, except that the words 
"measure or part thereof protested against" shall for this 
purpose be understood to replace "measure" in said section 
wherever it may occur, and "referendum" shall be under- 
stood to replace the word "initiative" in said section. Sec- 
tio7i 24(i. The city council may, of its own motion, and 
shall, upon request of the school committee if a measure 
originates with that committee and pertains to the affairs 
under its administration, submit to a vote of the registered 
voters of the city for adoption or rejection at a general or 
special city election any proposed measure, or a proposition 
for the repeal or amendment of any measure, in the same 
manner and with the same force and effect as are hereby 
provided for submission on petition. Section 24H. If two 
or more proposed measures passed at the same election con- 
tain conflicting provisions, the one receiving the greater num- 
ber of affirmative votes shall take effect. 

Section 2. This act shall be submitted for acceptance to 
the qualified voters of the city of Maiden at the next biennial 
state election in the form of the following question, which 
shall be placed upon the official ballot to be used in said city 
at said election: — "Shall an act passed by the general court 
in the year nineteen hundred and fifty, entitled 'An Act 
providing for Initiative and Referendum for the City of 
Maiden', be accepted by this city?" If a majority of the 
voters voting thereon vote in the affirmative in answer to 
said question, then this act shall take full effect, but not 
otherwise. Approved January 27, 1950. 



Acts, 1950. — Chaps. 30, 31. 21 



An Act relative to the penalty for poultry thieving, diap, 30 

Be it enacted, etc., as follows: 

Chapter 266 of the General Laws is hereby amended by ^'jHJf/jaa 
striking out section 22, as amended by chapter 365 of the etc!, 'amended.' 
acts of 1935, and inserting in place thereof the following 
section : — Section 22. Whoever, with intent to commit ^ll'^^^^^ ^"'" 
larceny, breaks or enters or enters in the night without thieving. 
breaking any building or enclosure wherein is kept or con- 
fined an}^ kind of live poultry, may be detained or kept in 
custody in a convenient place by the owner of the poultry, 
or by his agent or employee, for not more than twenty-four 
hours, Sunday excepted, until a complaint can be made 
against him for the offence and he be taken upon a warrant 
issued upon such complaint, and, upon conviction of such 
trespassing or breaking or entering shall be punished by 
imprisonment in the state prison for not more than three 
years, or by a fine of not more than five hundred dollars and 
imprisonment in the house of correction for not more than 
two years. Approved January 27, 1950. 

An Act relative to voting precincts and the nomina- (Jfiap. 31 

TION, election and TERMS OF OFFICE OF TOWN MEETING 
MEMBERS IN THE TOWN OF.NEEDHAM. 

Be it enacted, etc., as follows: 

Section 1. Chapter 279 of the acts of 1932, as amended 
by chapter 68 of the acts of 1937, is hereby further amended 
by striking out section lA and inserting in place thereof the 
following section: — Section lA. Upon the acceptance of 
this act by the town of Needham as hereinafter provided, 
the selectmen shall, before December thirty-first of the year 
of acceptance, divide the territory thereof into not less than 
five nor more than ten voting precincts, each of which shall 
be plainly designated, and shall contain not less than five 
hundred registered voters. All precincts shall contain ap- 
proximately an equal number of registered voters. 

The precincts shall be so established as to consist of com- 
pact and contiguous territor}^, to be bounded, as far as pos- 
sible, by the center line of known streets and ways or by 
other well defined limits. Their boundaries shall be reviewed 
and, if need be, wholly or partly revised by the selectmen in 
December, once in five years, or in December of any year 
when so directed by a vote of a representative town meeting 
not later than November thirtieth of that 3^ear. 

The selectmen shall, within twenty days after any estab- 
lishment or revision of the precincts, but not later than Jan- 
uary twentieth of the succeeding year, file a report of their 
doings with the town clerk, the registrars of voters and the 
assessors with a map or maps or description of the precincts 
and the names and residences of the registered voters therein. 
The selectmen shall also cause to be posted at the town hall 



22 Acts, 1950. — Chap. 31. 

a map or maps or description of the precincts as established 
or revised from time to time, with the names and residences 
of the registered voters therein. They shall also cause to be 
posted in at least one public place in each precinct a map or 
description of that precinct with the names and residences 
of the registered voters therein. The division of the town 
into precincts and any revision of such precincts shall take 
effect upon the date of the filing of the report thereof by the 
selectmen with the towTi clerk. Whenever the precincts are 
established or revised the town clerk shall forthwith give 
written notice thereof to the state secretary, stating the 
number and designation of the precincts. Meetings of the 
registered voters of the several precincts for elections, for 
primaries, and for voting upon an}-- question to be submitted 
to all the registered voters of the town, shall be held on the 
same day and at the same hour and at such place or places 
within the town as the selectmen shall in the warrant for 
such meeting direct. The provisions of chapters fifty to 
fifty-six, inclusive, of the 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 herein- 
before provided. 

Section 2. Said chapter 279 is hereby further amended 
by striking out section 2 and inserting in place thereof the 
following section : — Section 2. Other than the officers desig- 
nated in section three as town meeting members at large, the 
representative to"^Ti meeting membership in each precinct 
shall consist of the largest number divisible by three which 
will admit of a representation of all precincts by an equal 
number of members and which will not cause the total elected 
town meeting membership to exceed two hundred and fifty- 
two. The registered voters in every precinct shall, at the first 
annual town election held after the establishment thereof, 
and the registered voters of any precinct affected by any re- 
vision of precincts shall at the first annual towTi election fol- 
lowing such revision, conformably to the laws relative to 
elections not inconsistent with this act, elect by ballot the 
number of registered voters in the precinct, other than the 
officers designated in section three as town meeting members 
at large, provided for in the first sentence of this section, to be 
town meeting members of the town. The first third in order 
of votes received of members so elected shall serve three years, 
the second third in such order shall serve two years, and the 
remaining third in such order shall serve one year, from the 
day of the annual town election, and to and including the 
day of the next following annual town election. In case of a 
tie vote affecting the division into thirds as aforesaid the 
members elected from the precinct shall by ballot determine 
the same; and thereafter, except as is otherwise provided 
herein, at each annual town election the registered voters of 
each precinct shall, in like manner, elect one third of the 
number of town meeting members to which such precinct is 



Acts, 1950. — Chap. 31. 23 

entitled for the term of three years, and shall at such election 
fill for the unexpired term or terms any vacancy or vacancies 
then existing; in the number of town meeting members in such 
precinct. The terms of office of all elected town meeting 
members from every precinct revised as aforesaid shall cease 
upon the election, as herein provided, of their successors. 
The town clerk shall, after every election of town meeting 
members, forthwith notify each member by mail of his elec- 
tion. 

Section 3. Section 3 of said chapter 279 is hereby amended 
by striking out the second paragraph and inserting in place 
thereof the following paragraph : — 

The representative to^vn meeting shall be the judges of the 
election and qualifications of its elected members. A ma- 
jority of the town meeting members shall constitute a quorum 
for doing business; but a less number may organize tem- 
porarily and may adjourn from time to time. Notice of every 
adjourned representative town meeting shall be posted by 
the town clerk in five or more public places in the town ; and 
the town clerk shall also notify the members by mail of the 
adjournment at least twenty-four hours before the time of 
the adjourned representative town meeting, if the period of 
adjournment will permit. The notices shall state briefly the 
business to be acted upon at any meeting and shall include 
notice of any proposed reconsideration. All town meetings 
shall be public; and, subject to such conditions as may be 
determined from time to time by the representative town 
meeting, any voter of the town who is not a towTi meeting 
member may speak at any representative town meeting, but 
he shall not vote. A town meeting member may resign by 
filing a written resignation with the town clerk, and such 
resignation shall take effect upon the date of such filing. Any 
elected town meeting member who becomes by appointment 
or election one of the officers designated as town meeting 
members at large shall upon such appointment or election 
cease to be an elected town meeting member. A town meet- 
ing member who removes from the town shall cease to be a 
town meeting member and an elected town meeting member 
who removes from one precinct to another or is so removed by 
a revision of precincts shall not retain membership after the 
next annual election as an elected member from the precinct 
from which he has or is removed. The town meeting mem- 
bers as such shall receive no compensation. 

Section 4. Said chapter 279 is hereby further amended 
by striking out section 4 and inserting in place thereof the 
following section: — Section Jf. Nomination of candidates 
for town meeting members to be elected under this act shall 
be made by nomination papers, which shall bear no political 
designation, but to the name of a candidate for re-election 
may be added the words " Candidate for re-election ". Nom- 
ination papers shall be signed by not less than ten voters of 
the precinct in which the candidate resides, and filed with 
the town clerk on or before the date fixed by law as the last 



24 Acts, 1950. — Chap. 31. 

day for filing nomination papers by candidates for town 
office; provided, that any town meeting member may become 
a candidate for re-election by giving written notice thereof 
to the to-wn clerk on or before the last date fixed by law for 
the giving of such notice. No nomination papers shall be 
valid in respect to any candidate whose written acceptance 
is not thereon or attached thereto when filed. 

Section 5. Said chapter 279 is hereby further amended 
by striking out section 5 and inserting in place thereof the 
following section: — Section 5. The articles in the warrant 
for every town meeting, as far as they relate to the election 
of the moderator, town officers, town meeting members, and, 
as herein provided, to referenda and all matters to be acted 
upon and determined by ballot shall be acted upon and de- 
termined by the registered voters of the towTi in their re- 
spective precincts. All other articles in the warrant for any 
town meeting shall be acted upon and determined exclusively 
by town meeting members at a meeting to be held at such 
time and place as shall be set forth by the selectmen in the 
warrant for the meeting, subject to the referendum provided 
for by section eight. 

Section 6. Said chapter 279 is hereby further amended 
by striking out section 7 and inserting in place thereof the 
following section: — Section 7. Any vacancy in the full 
number of town meeting members from any precinct, whether 
arising from a failure of the registered voters thereof to elect, 
or from any other cause, may be filled until the next annual 
election by the remaining town meeting members of the pre- 
cinct from among the registered voters thereof. Upon peti- 
tion therefor, signed by not less than ten tovra meeting mem- 
bers from the precinct, notice of any vacancy shall promptly 
be given by the to^\^l clerk to the remaining members from 
the precinct in which the vacancy or vacancies exist and the 
town clerk shall call a special meeting of such members for 
the purpose of filling any vacancy, and shall cause to be 
mailed to every such member not less than seven days be- 
fore the time set for the meeting, a notice specifying the 
object, time and place of the meeting. At the said meeting 
a majority of the members from such precinct shall consti- 
tute a quorum, and they shall elect from their own number 
a chairman and a clerk. The choice to fill any vacancy shall 
be by written ballot and a majority of the votes cast shall be 
required for a choice. The chairman and clerk shall count 
the ballots and shall make a certificate of the choice and 
forthwith file the same with the town clerk, together with a 
written acceptance by the member or members so chosen 
who shall thereupon be deemed elected and qualified a to\ATi 
meeting member or members, subject to the right of all the 
town meeting members to judge of the election and qualifi- 
cations of the members as set forth in section three. 

Section 7. Sections 11 and 12 of said chapter 279 are 
hereby repealed. 

Section 8. This act shall be submitted to the registered 



Acts, 1950. — Chap. 32. 25 

voters in the touTi of Necdham for acceptance at its annual 
town election in the year nineteen hundred and fifty. The 
vote shall be taken bj' ballot in accordance with the provi- 
sions of the General Laws, so far as the same shall be appli- 
cable, in answer to the 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 nine- 
teen hundred and fifty entitled 'An act relative to voting 
precincts and the nomination, election and terms of office of 
town meeting members in the town of Needham' be ac- 
cepted by this town?" 

Section 9. If this act is not accepted by the registered 
voters of the town of Needham when submitted to said 
voters under section eight, it may be submitted for acceptance 
in like manner to such voters at any annual town election 
in said town not later than the annual town election in said 
town in the year nineteen hundred and fifty-three. 

Section 10. Upon its acceptance by a majority of the 
registered voters voting thereon at an annual town election 
as aforesaid, this act shall thereupon take effect in the town 
of Needham for all purposes incidental to the conducting 
of state primaries and elections, and for all purposes incidental 
to the next annual town election in said town, at which next 
annual town election all elected town meeting members 
shall be elected and the terms of office of all elected town 
meeting members then in office shall cease. For all other 
purposes, this act shall take effect upon the date of such 
next annual town election. 

Section 11. For the purpose of such acceptance only, . 
this act shall take effect upon its passage. 

Approved January 31, 1950. 



Chap. 32 



An Act relative to the corporate powers of the 

EVERETT police MUTUAL AID ASSOCIATION, INCORPORATED. 

Whereas, The deferred operation of this act would tend ^"^HmTr*'^ 
to defeat its purpose, w4iich in part is to enable the corpo- 
ration referred to therein to exercise without delay the 
power granted thereby, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows. ■ 

The Everett Police Mutual Aid Association, Inc., a cor- 
poration duly established under the law^s of the common- 
wealth, is hereby authorized, upon the retirement of any 
member in good standing, to pay to .such member such sum, 
not exceeding five hundred dollars, as may be determined 
by vote of said corporation. Approved January 31, 1950. 



26 Acts, 1950. — Chaps. 33, 34, 35. 



Chap. 33 An Act relative to further stay of judgment and 

EXECUTION IN ACTIONS OF SUMMARY PROCESS. 

prTanfbiT^ TF/zereas, The deferred operation of this act would tend 

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

Be it enacted, etc., as follows: 

Section 2 of chapter 43 of the acts of 1946, as most re- 
cently amended by chapter 87 of the acts of 1949, is hereby 
further amended by striking out, in line 3, the word "fifty" 
and inserting in place thereof the word : — fifty-one, — so 
as to read as follows : — Section 2. This act shall become 
inoperative on March thirty-first, nineteen hundred and 
fifty-one. Approved February 3, 1950. 

Chap. 34 An Act relative to the use of a certain bathing beach 

OF the park land at FALMOUTH HEIGHTS OWNED BY THE 
TOWN OF FALMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The toT\Ti of Falmouth is hcreb}' authorized, 
upon a vote to that effect at any to^A^l meeting called for 
the purpose, to discontinue the use for park purposes of the 
bathing beach along the towTi park property at Falmouth 
Heights east of the McCann property, and thereafter to use 
and maintain said portion of said park land as a to^Ti bath- 
ing beach or for such other municipal purposes as said town 
from time to time may determine, and said town may re- 
strict the use of the same to its inhabitants, their guests and 
seasonal residents, and may adopt b5'"-laws, not repugnant 
to law, relative to the use, care, regulation and control of 
the same for such purposes. 

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

Approved February 3, 1950. 

Chap. 35 An Act authorizing the town of Rutland to borrow 

money for school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land and con- 
structing and originally equii){)ing and .furnishing a school 
building, the to^vTi of Rutland may borrow, from time to 
time, within a period of five years from the passage of this 
act, such sums of money as may be necessary, not exceeding, 
in the aggregate, one hundred thousand dollars, and may 
issue bonds or notes therefor which shall bear on their face 
the words Rutland School Loan, Act of 1950. Each au- 



Acts, 1950. — Chaps. 36, 37. 27 

thorizcd 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 3, 1950. 

An Act providing for the acceptance of an act rela- Chap. 36 

TIVE TO the granting OF VACATIONS FOR MEMBERS OF 
THE REGULAR AND PERMANENT POLICE AND FIRE FORCES 
IN CERTAIN CITIES AND TOWNS, BY TOWNS WHICH HAVE 
NOT ACCEPTED SAID ACT. 

Be it enacted, etc., as follows: 

Section 1. The acceptance of section one hundred and 
eleven D of chapter forty-one of the General Laws, as 
inserted by chapter three hundred and eighty-four of the 
acts of nineteen hundred and forty-nine, shall, upon petition 
of five per cent of the registered voters, be submitted to the 
voters of each towTi in the commonwealth which has not 
accepted said act, at the next annual town meeting therein, 
in the form of the following question, which shall be placed 
upon the official ballot to be used for the election of town 
officers: — "Shall an act passed by the General Court in 
the j^ear nineteen hundred and forty-nine entitled 'An Act 
relative to the granting of vacations for members of the 
regular or permanent police and fire forces in certain cities 
and to^ATis' 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. 

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

Approved February 3, 1950. 

An Act authorizing the city of lynn to borrow money Qfidji 37 

FOR school purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for, and 
remodelling and constructing additions to, the Lynn Classi- 
cal High School building, including original equipment and 
furnishing of said additions, the city of Lynn 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 twenty-five 
thousand dollars, and may issue bonds or notes therefor 
which shall bear on their face the words Lynn Classical 
High School Loan, Act of 1950. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
paid in not more than twenty years from their dates, but 



28 Acts, 1950. — Chaps. 38, 39. 

no issue shall be authorized unless, in the current year, 
there shall have been appropriated from available revenue 
funds, or voted to be raised by taxation for said school 
purposes, a sum equal to twenty-five cents on each one 
thousand dollars of the assessed valuation of said city for 
the preceding 3'ear. 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 February 3, 1950. 

Chap. 38 An Act relative to the use of certain land and beach 

OF THE TOWN OF FALMOUTH ALONG THAT PORTION OF 
WATER FRONT AT FALMOUTH HEIGHTS FROM THE TERRACE 
GABLES HOTEL TO THE BEACH OPPOSITE THE TOWER HOTEL. 

Be it enacted, etc., as follows: 

Section 1. The tow^n of Falmouth is hereby authorized, 
upon a vote to that effect at an}'- town meeting called for 
the purpose, to discontinue the use for pai-k purposes of the 
beach owned by said town, extending along the water front 
at Falmouth Heights, from the Terrace Gables Hotel prop- 
erty to the beach opposite the Tower Hotel, and thereafter 
to use and maintain said beach as a town bathing beach or 
for such other municipal purposes as said to\\'n from time 
to time may determine, and said town may restrict the 
use of the same to its inhabitants, their guests and seasonal 
residents, and may adopt by-laws, not repugnant to law, 
relative to the use, care, regulation and control of the same 
for such purposes. 

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

Approved February 3, 1950. 

Chap. 39 An Act authorizing the city of north adams 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 school 
buildings, the city of North Adams may borrow fmm 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. North Adams School Loan, Act of 1950. 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, 



Acts, 1950. — Chaps. 40, 41, 42. 29 

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

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

A])proved February 5, 1950. 

An Act relative to the disposition of state revenues. Chap. 40 

Be it enacted, etc., as follows: 

Chapter 29 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 2, as appearing in the Tercentenary amended. 
Edition, and inserting in place thereof the following sec- 
tion: — Section 2. All revenue paj'able to the common- Disposition of 
wealth shall be paid into the general fund, except revenue st'^te revenues, 
required by law to be paid into a fund other than the general 
fund and revenue for or on account of sinking funds, trust 
funds, trust deposits and agency funds, which funds shall 
be maintained and the revenue applied in accordance with 
law or the purposes of the fund. 

Approved February 3, 1950. 

An Act relative to appropriations for the ordinary (JJiqj) 41 
maintenance of the departments, offices, commis- 
siONs and institutions of the commonwealth. 

Be it enacted, etc., as follows: 

Chapter 29 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 12, as most recently amended by section etc!, 'amended. 
4 of chapter 037 of the acts of 1945, and inserting in place 
thereof the following section: — Section 12. Appropri a- Appropriations 
tions by the general court, unless specifically designated as for'thrfedi 
special, shall be for the ordinar}^ maintenance of the several y'^'^'"- 
departments, offices, commissions and institutions of the 
commonwealth and shall be made for the fiscal year unless 
otherwise specifically provided therein. 

Approved February 3, 1950. 

An Act relative to unexpended balances of appro- Chap. 42 

PRIATIONS BY THE GENERAL COURT FOR ORDINARY MAIN- 
TENANCE. 

Be it enacted, etc., as follows: 

Chapter 29 of the General Laws is hereby amended by Sn^-^"^^!- 
striking out section 13, as appearing in the Tercentenary amended. ' 
Edition, and inserting in place thereof the following sec- 
tion: — Section 13. That portion of an appropriation for Unexpended 
ordinary maintenance representing encumbrances outstand- For'^ordrntry''^ 
ing on the records of the comptroller's bureau at the close maintenance, 
of the fiscal year may be applied to the paj^ment thereof in 
the nine months immediately succeeding such fiscal year; 
provided, however, that the budget commissioner at the 
written request of a spending agency ma}^, prior to the close 
of said nine months, extend for an additional three months 



30 



Acts, 1950. — Chaps. 43, 44. 



the recorded encumbrance outstanding and the funds re- 
served therefor, by furnishing the comptroller with a copy 
of such request and his approval thereof. 

The unencumbered balance of an appropriation for 
ordinary maintenance shall revert to the commonwealth at 
the close of the designated fiscal year. 

Approved February 3, 1950. 



Chap. 43 An Act relative to the availability for expenditure 

OF appropriations BY' THE GENERAL COURT FOR OTHER 
THAN ORDINARY MAINTENANCE. 



Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 29, § 14, 
etc., amended. 



ordinary 
maintenance. 



Chapter 29 of the General Laws is hereby amended by 
striking out section 14, as most recently amended by section 
12 of chapter 242 of the acts of 1945, and inserting in place 
f^?''o'th'er^than^ thereof the following section: — Section I4. Appropria- 
tions for other than ordinary maintenance, unless otherwise 
specifically provided therein, shall be available for ex- 
penditure in the two fiscal j^ears following June thirtieth of 
the calendar year in which the appropriation is made and 
any portion of such appropriation representing encum- 
brances outstanding on the records of the comptroller's 
bureau at the close of such second fiscal year may be applied 
to the payment thereof any time thereafter. The unen- 
cumbered balance of such appropriation shall revert to the 
comm^onwealth at the close of such second, or other desig- 
nated, fiscal year; provided, however, that appropriations 
for other than ordinary maintenance financed by the sale of 
bonds and notes, unless otherwise specifically provided 
therein, shall be available for expenditure in the five fiscal 
years following June thirtieth of the calendar 3'ear in which 
the appropriation is made and any portion of such appro- 
priation representing encumbrances outstanding on the 
records of the comptroller's bureau at the close of such fifth 
fiscal year may be applied to the payment thereof any time 
thereafter. The unencumbered balance shall revert to the 
commonwealth at the close of such fifth or other designated 
fiscal year. Approved February 3, 1950. 



Chap. 44 An Act relative to payments from state appropria- 
tions. 

Be it enacted, etc., as follows: 

Chapter 29 of the General Laws is hereby amended by 
striking out section 20, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
tion : — Section 20. No account or demand requiring the 
certificate of the comptroller or warrant of the governor 
shall be paid from an appropriation unless it has been au- 
thorized and approved by the head of the department, 
office, commission or institution for which it was contracted ; 



G. L. (Ter. 
Ed.), 29, § 20, 
amended. 



Payments from 
appropriations, 
how author- 
ized. 



Acts, 1950. — Chaps. 45, 46. 31 

nor shall any appropriation be used for expenses, except 
gratuities and special allowances by the general court, unless 
properly approved vouchers therefor have been filed with 
the comptroller. Approved February S, 1950. 

An Act relative to the incurring of expenses and Chap. 45 

THE EXPENDING OF APPROPRIATIONS BY STATE DEPART- 
MENTS, OFFICES, COMMISSIONS AND INSTITUTIONS. 

Be it enacted, etc., as follows: 

Chapter 29 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 27, as most recently amended by sec- ftl! 'amended. 
tion 2 of chapter 636 of the acts of 1947, and inserting in 
place thereof the following section: — Section S7. Notwith- Expenses and 

'^ , . . . " • , , , increases in 

standmg any provision of general law, no department, appropriations, 
office, commission and institution shall incur an expense, '^^^^^^'^ ■ 
increase a salary, or employ a new clerk, assistant or other 
subordinate, unless an appropriation by the general court 
and an allotment by the governor, sufficient to cover the 
expense thereof, shall have been made. Appropriations by 
the general court, and any allotments by the governor, shall 
be expended only in the amounts prescribed in the subsidi- 
ary accounts, if any, established for the several appropria- 
tion accounts in schedules established by, and on file with, 
the joint committee on ways and means. Said committee, 
as soon as may be after the general appropriation bill or any 
other appropriation bill has the force of law conformably to 
the constitution, shall file with the comptroller and with the 
budget commissioner, a certified copy of the schedules 
aforesaid which relate thereto. 

Approved February 3, 1950. 

An Act relative to appropriation accounts of state Chaj). 46 

DEPARTMENTS, OFFICES, COMMISSIONS AND INSTITUTIONS. 

Be it enacted, etc., as folloivs: 

Chapter 29 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 29, as most recently amended by section ^tcilameidld. 
3 of chapter 636 of the acts of 1947, and inserting in place 
thereof the following section: — Section 29. Any subsidiary Subsidiary 
account set up as prescribed in the schedules referred to in be^approved by 
section twent\''-seven, on the books of any department, the budget 

cr^ .■^. !•,•,,• •• • commissioner. 

otnce, commission and institution, receiving an appropria- 
tion from the commonwealth, may be increased or decreased 
by interchange with any other such subsidiary account 
within the same appropriation account, if a request therefor 
from such department, office, commission or institution is 
approved in writing by the budget commissioner and is filed 
with the comptroller by said commissioner. 

The comptroller may accept affidavits that expenditures 
are in accordance with the purpose of such appropriation or 
subsidiary accounts and do not exceed the unencumbered 



32 Acts, 1950. — Chap. 47. 

balances of the amounts provided therefor. The comptroller 
shall refuse to permit a disbursement or the incurring of an 
obligation if funds or allotments of funds under an appro- 
priation account or subsidiary account under an appropria- 
tion account, sufficient to cover such disbursement or obli- 
gation are not available and shall immediately give notice 
of such refusal to the budget commissioner and the depart- 
ment; office, commission or institution proposing the ex- 
penditure. Approved February 3, 1950. 

Chap. 47 An Act authorizing the town of provincetown to 

ESTABLISH A BOARD OF PUBLIC WORKS EXERCISING THE 
POWERS AND DUTIES OF WATER COMMISSIONERS, SEWER 
COMMISSIONERS AND OF SELECTMEN WITH RESPECT TO 
HIGHWAYS. 

Be it enacted, etc., as follows: 

Section 1. There shall be established in the town of 
Provincetown a board of public works, hereinafter called 
the board, to consist of the three members of the board of 
selectmen. The members of the board shall, forthwith after 
each annual town election, elect one of their members to 
act as chairman of the board for the ensuing year. In case 
of a vacancy, the remaining members of the board, if they 
constitute a quorum, may fill such vacancy until the next 
annual town election. 

Section 2. Upon the qualification of the members of 
the board, the board of water commissioners and board of 
sewer commissioners shall be abolished, and thereupon all 
of the powers, duties, rights and liabilities of the board of 
water commissioners and the board of sewer commissioners, 
and of the selectmen in respect to all matters relating to the 
construction, care and maintenance of highways, bridges, 
drains and sidewalks, shall be conferred and imposed upon 
the board of public works created by this act. The board 
shall have all the powers, duties, rights and liabilities to 
maintain and regulate the rubbish-garbage disposal system 
in the town of Provincetown, including the operation and 
maintenance of the town dumping grounds. No contracts 
or liabilities existing at the time of the acceptance of this 
act shall be affected thereby, but the board shall be, in all 
respects and for all purposes whatsoever, the lawful successor 
of the board of water commissioners and the board of sewer 
commissioners, and also of the selectmen in all matters 
relating to the construction, care and maintenance of high- 
ways, bridges, drains and sidewalks, and shall be the la^vful 
successor to the board of health, but only in respect to the 
operation, maintenance and care of the rubbish-garbage 
disposal system and town dumping grounds. 

Section 3. The board shall appoint and fix the com- 
pensation of a superintendent of public works, who shall 
exercise and perform, under its supervision and direction, 
such of the powers, rights and duties transferred to it under 



Acts, 1950. — Chap. 47. 33 

section two as it may from time to time designate. He shall 
be responsible for the efficient exercise and performance of 
such powers, rights and duties, and shall hold office subject 
to the will of the board. He shall be specially fitted by 
education, training and experience to perform the duties of 
said office, and may or may not be a resident of the town. 
During his tenure he shall hold no elective or other appointive 
office. He shall give to the town a bond with a surety com- 
pany authorized to transact business in the commonwealth 
as surety, for the faithful performance of his duties, in such 
sum and upon such conditions as the board may require, 
and shall, subject to the approval of the board, appoint 
such assistants, agents and employees as the exercise and 
performance of his powers, rights and duties may require. 
He shall keep full and complete records of the doings of his 
office and render to the board as often as it may require a 
full report of all operations under his control during the 
period reported upon; and annually, and from time to time 
as required by the board, he shall make a synopsis of such 
reports for publication. He shall keep the board fully 
advised as to the needs of the town within the scope of his 
duties, and shall annually furnish to the board, not less 
than ten days prior to the expiration of the fiscal year of 
said town, a carefully prepared and detailed estimate in 
writing of the appropriations required during the next 
succeeding fiscal year for the proper exercise and perform- 
ance of all said powers, rights and duties. 

Section 4. The town may rescind all or any part of 
the action taken by it in pursuance of this act by a majority 
vote of the legal voters present and voting thereon by ballot 
at any town, meeting held after three years following the 
annual town election at which this act becomes fully effective. 

Section 5. This act shall be submitted for acceptance 
to the legal voters of said town at the annual town election 
in the year nineteen hundred and fifty-one, in the form of 
the follo^ving question which shall be placed on the official 
ballot to be used for the election of town officers at said 
election: "Shall an Act passed by the General Court in the 
year nineteen hundred and fifty authorizing the Town of 
Provincetown to establish a board of public works exercising 
the powers of water commissioners, sewer commissioners and 
of selectmen with respect to highways, and also to maintain 
and regulate the rubbish-garbage disposal system and town 
dumping grounds, be accepted?" If a majority of the 
votes cast in answer to such question is in the affirmative, 
this act shall become fully effective beginning with, and for 
the purpose of, the annual town election in the year nineteen 
hundred and fifty-two; otherwise it shall be of no effect. 

Approved February 3, 1950. 



34 Acts, 1950. — Chap. 48. 

Chap. 48 An Act authorizing the town of wakefield to estab- 
lish A department of public works and a board of 

PUBLIC WORKS exercising THE POWERS OF CERTAIN 
OTHER BOARDS, DEPARTMENTS AND TOWN OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. There shall be estabhshed in the town of 
Wakefield a department of public works which shall be 
under the jurisdiction of an unpaid board of public works, 
hereinafter called the board, to consist of three members. 
The initial members thereof shall be elected as provided in 
section four, one to serve for one year, one for two years, 
and one for three years from the date of the next annual 
town meeting following the date of their initial election, and 
thereafter when the term of any member expires his suc- 
cessor shall be elected to serve for three years. In all cases 
the members shall serve until their successors are elected and 
qualified. The members of the board shall, after each 
election, elect one of their number to act as chairman until 
the next election. If a vacancy occurs in the board, the 
remaining members, together with the board of selectmen, 
shall fill such vacancy until the next annual town meeting, 
when a new member shall be elected to fill the unexpired 
term. No person shall serve on the board who holds another 
elective or appointive office in the town. 

Section 2. The board shall have all the rights, powers 
and liabilities vested in the selectmen in respect to the 
laying out, construction, maintenance and repair of streets, 
ways, bridges, sidewalks, monuments at the termini and 
angles of roads and guide posts, and in the lajnng out, con- 
struction, maintenance and repair of drains, and the granting 
of pole locations, including the authority vested in them as 
a board of survey under the provisions of chapter fort3''-one 
of the General Laws, and the rights, powers and liabilities 
of the selectmen as they pertain to the moth and tree de- 
partment, including the appointment of a tree warden and 
the collecting and disposal of rubbish. The board shall 
also have all the rights, powers and liabilities vested in the 
water and sewerage board, including all the rights and 
privileges, powers and obligations conferred upon the water 
and sewerage board by chapter three hundred and seventy- 
seven of the acts of nineteen hundred and chapter four 
hundred and eighty-eight of the acts of nineteen hundred 
and two, and any amendments thereto, and in addition, 
all the rights, powers and liabilities now vested in the park 
and cemetery board. The board shall also have the rights, 
powers and liabilities with respect to the collection and 
disposal of garbage and the physical care of dumps, all of 
which is now vested in the board of health, and also the 
care of public buildings, excepting school buildings, library, 
the town infirmary and those of the municipal light depart- 
ment. Upon the date when this act becomes fully efTective, 
as provided in section four, the board shall succeed to the 



Acts, 1950. — Chap. 48. 35 

rights, privileges, duties and liabilities as herein set forth, 
and thereupon the water and sewerage board and the park 
and cemetery board in said town of Wakefield shall cease 
to exist, and the board of selectmen of said town shall cease 
to have any authority relative to streets and drains, the 
moth and tree department and the collection and disposal 
of rubbish, nor shall the board of health, except as provided 
by law, have any authority relative to the collection of 
garbage and the physical care of dumps. No contracts or 
liabilities in force on the date when this act becomes fully 
effective shall be affected, but the board shall in all respects 
be the lawful successor relative to such contracts or liabili- 
ties of such boards or officers whose duties and responsibili- 
ties shall have been assumed by the board, and it shall be 
the duty of such various boards or officers to turn over to 
the board all contracts, papers, documents, plans and other 
property then in their custody relative to the operation of 
the board. 

Section 3. The board shall appoint a director of public 
works, responsible to the board, who shall have full author- 
ity for carrying out the policies of the board and over the 
operations of the department. The director shall be ap- 
pointed for a term of three years, subject to removal by the 
board for cause, and his compensation shall be fixed by the 
board. He shall be specially fitted by education, training 
and experience to perform the duties of said office, and may 
or may not be a resident of the town. 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 
sureties as the board may require and approve. The ex- 
penses of procuring such bond shall be paid by the town. 
The director shall appoint such staff of assistants and em- 
ployees as he deems necessary, and shall have the authority 
to remove them; such staff shall include a supervisor for 
each division of activities. He shall also establish a division 
of engineering, the supervisor of which shall be known as 
the town engineer, and through which division the director 
may, as the board directs, undertake such engineering 
services as the town may need in departments other than 
those under the jurisdiction of the board. He shall keep 
full and complete records of the doings of his oflfice, and 
shall render to the board reports as often and of such nature 
as it may require. All work involving the opening of the 
streets by any town department, including the municipal 
light department, shall be approved by the director of 
public works or by some one designated by him, before such 
opening is undertaken, except in the case of emergency. 
The municipal light department shall also confer with and 
inform the director of any contemplated future work under 
consideration which will involve the opening of streets or 
ways. 



36 Acts, 1950. — Chap. 48. 

Section 4. This act shall be submitted for acceptance 
to the legal voters of said town at the annual town election 
in the year nineteen hundred and fifty, 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 
election: — "Shall an Act passed by the General Court in 
the year nineteen hundred and fifty, entitled 'An Act au- 
thorizing the Town of Wakefield to establish a Department 
of Public Works and a Board of Public Works exercising the 
powers of certain other boards, departments and town 
officers' be accepted?" If a majority of votes cast in answer 
to such question is in the affirmative, this act shall become 
fully effective on the first day of July, nineteen hundred and 
fifty, except that the initial election of the board and their 
appointment of a director of public works shall take place as 
provided by this section. If, at the annual town, election 
held in the year nineteen hundred and fifty, a majority of 
votes cast in answer to such question is not in the affirma- 
tive, then, upon the receipt of a petition duly signed by not 
less than one hundred registered voters of the town request- 
ing its submission to the voters in a subsequent year, but 
not later than nineteen hundred and fifty-two, the board of 
selectmen shall thereupon cause to be placed on the official 
ballot at the next annual town election folloAnng the timely 
receipt of said petition, the question pertaining to the 
acceptance of this act as provided in this section, and if a 
majority of the votes cast in answer to such question is in 
the affirmative, this act shall become effective on the first 
day of July following. If this act is not accepted as pro- 
vided in this section, it shall thereupon become null and 
void. If a majority of votes cast in answer to the above 
question is in the affirmative, then the board of selectmen 
shall call a special town meeting on the fifth Monday after 
the date of the acceptance vote, at which meeting the initial 
election of a board of public works shall take place by secret 
ballot in the same manner in every respect as town officers 
are elected at annual town elections. Nominations of candi- 
dates for such election shall be nominated in writing and 
placed on the official ballot in the same manner in every 
respect as candidates for town offices at the annual town 
elections. The board so elected shall thereupon appoint a 
director of public works who, together with the board, shall 
assume their full duties and responsibilities on the date on 
which this act becomes fully effective. During the interim 
between the date of their election and the date of the full 
effectiveness of the act, the board and the director, after 
his appointment, shall have the full co-operation and assist- 
ance of the various town boards and officers whose duties 
they will assume in becoming familiar with the operations 
of the various departments involved. 

Approved February S, 1950. 



Acts, 1950. — Chaps. 49, 50, 51, 52. 37 



An Act to permit the use of karris woods, so-called, (JJiaj), 49 

IN THE town of NEEDHAM FOR GENERAL PARK PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Needham is hereby authorized, 
notwithstanding the limitation contained in the vote of its 
nineteen hundred and forty-one annual town meeting that 
such land be used "as natural park land only", to use the 
town-owned land off Harris avenue in said town, consisting 
of seventeen acres and being known as Harris Woods, for 
general park purposes. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the towTi of Needham at its next annual town 
meeting. Approved February 3, 1950. 



Chap. 50 



An Act to further clarify and amend the law pro- 
viding AN IMPROVED METHOD OF MUNICIPAL PLANNING. 

Be it enacted, etc., as follows: 

Section 8lL of chapter 41 of the General Laws, inserted ej^';4?["8il. 
by section 4 of chapter 340 of the acts of 1947, is hereby etc., 'amended. ' 
amended by inserting after the first sentence the following 
sentence : -^ Every such person so submitting a plat to the Notice of sub- 
planning board of a city or to\^Ti shall send notice to the nl';ueTto°city 
clerk of such city or town by registered mail, postage pre- °[^*''"'" '^'•^'"''• 
paid, that he has submitted such a plat, and such notice 
shall describe the land to which the plat relates sufficiently 
for identification and shall state the date when such plat 
was submitted; and the facts stated in such notice shall be 
taken by such city or town clerk as true, unless the contrary 
is made to appear. Approved February 3, 1950. 

An Act relative to municipal debt limitation. Chav. 51 

Be it enacted, etc., as follows: 

Section 10 of chapter 44 of the General Laws, as most g. l. (Ter.^^ 
recently amended by chapter 329 of the acts of 1946, is etc!, 'amended'. 
hereby further amended by striking out the second sentence 
and inserting in place thereof the following sentence: — All Debt limit, 
authorized debts, except those expressly authorized by law 
to be incurred outside the debt limit, shall be reckoned in 
determining its limit of indebtedness under this section. 

Approved February 3, 1950. 

An Act changing the date for the holding of biennial Chav. 52 

MUNICIPAL elections IN THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of general 
or special law to the contrary, beginning with the year 
nineteen hundred and fifty-one municipal elections in the 



38 Acts, 1950. — Chaps. 53, 54, 55. 

city of Salem, for the choice of mayor, members of the city 
council and members of the school committee, shall be held 
biennially on the Tuesday next following the first Monday 
in November in each odd-numbered year. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 
wise. Approved February 3, 1950. 

Chap. 53 An Act authorizing the transfer of certain land 

ADJOINING THE FAIRVIEW MEMORIAL SCHOOL IN THE CITY 
OF CHICOPEE FROM THE PARKS AND PLAYGROUNDS DEPART- 
MENT TO THE SCHOOL DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The parks and playgrounds department of 
the city of Chicopee is hereby authorized to transfer to the 
school department of said city control and charge of a parcel 
of land adjoining the Fairview Memorial school, being 
approximately two hundred and fifty feet long and one 
hundred and fifty feet wide, to be used for schoolhouse 
construction. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
said city, subject to the provisions of its charter, but not 
otherwise. Approved February 3, 1950. 

Chap. 54 An Act authorizing the transfer of meadow brook 

PARK IN THE TOWN OF ARLINGTON FROM THE BOARD OF 
PARK COMMISSIONERS TO THE BOARD OF CEMETERY COM- 
MISSIONERS OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The board of park commissioners of the 
town of Arlington is hereby authorized to transfer to the 
board of cemetery commissioners of said to^vn the control 
and charge of the park land located therein and known as 
Meadow Brook park. Said transfer shall take effect upon 
acceptance thereof by vote of the board of cemetery com- 
missioners. Thereafter the land so transferred shall be under 
the control and charge of said board of cemetery commis- 
sioners and shall be developed and maintained for cemetery 
purposes. 

Section 2. This act shall take full effect upon its ac- 
ceptance at the next annual town meeting by vote of the 
town meeting members of the town of Arlington, but not 
otherwise. Approved February 3, 1950. 

Chap. 55 An Act relative to approval of town charges. 

Be it enacted, etc., as follows: 

Edo.'4Ll'56. Chapter 41 of the General Laws is hereby amended by 
amended. ' striking out scction 56, as appearing in the Tercentenary 



Acts, 1950. — Chaps. 56, 57. 39 

Edition, and inserting in place thereof the following section: 
— Section 56. The selectmen and all boards, committees, Warrants for 
heads of departments and officer's authorized to expend "tFJcnrfitures. 
money shall approve and transmit to the town accountant 
as often as once each month all bills, drafts, orders and pay 
rolls chargeable to the respective appropriations of which 
they have the expenditure. Such ap})roval shall be given 
only after an examination to determine that the charges are 
correct and that the goods, materials or services charged for 
were ordered and that such goods and materials were deliv- 
ered and that the services were actually rendered to or for 
the to^^^l as the case may be. The town accountant shall 
examine all such bills, drafts, orders and pay rolls, and, if 
found correct and approved as herein provided, shall draw 
a warrant upon the treasury for the payment of the same, 
and the treasurer shall pay no money from the treasury 
except upon such warrant approved by the selectmen. So 
far as apt this section shall apply to cities. 

Approved February 3, 1950. 

An Act altering the provisions of law relating to (JJiaj) 56 

APPROPRIATION, ADVISORY OR FINANCE COMMITTEES IN 
TOWNS. 

Be it enacted, etc., as follows: 

Section 16 of chapter 39 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking amended.^ ^^' 
out the first paragraph and inserting in place thereof the 
following paragraph : — Everj'^ town whose valuation for the Appropriation, 
purpose of apportioning the state tax exceeds one million finln^e^om- 
doUars shall, and any other town may, by by-law provide mittees. 
for the election or the appointment and duties of appropria- '^"""''' budget, 
tion, advisory or finance committees, who shall consider any 
or all municipal questions for the purpose of making reports 
or recommendations to the town; and such by-laws may 
provide that committees so appointed or elected may con- 
tinue in office for terms not exceeding three years from the 
date of appointment or election. 

Approved February 3, 1950. 

An Act providing for court enforcement of foreign fh^^n ny 

DECREES FOR ALLOWANCE, ALIMONY OR ALLOWANCE IN ^' 

the NATURE OF ALIMONY. 

Be it enacted, etc., as follows: 

Section 35 of chapter 208 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by in- amend^e^d^.' ^ ^^' 
serting after the word "decrees", in line 1, the words: — 
, including foreign decrees, — so as to read as follows: — 
Section 35. The court may enforce decrees, including for- Enforcement 
eign decrees, for allowance, alimony or allowance in the °^ ^''^o^y. etc 
nature of alimony, in the same manner as it may enforce 
decrees in equity. Approved February 3, 1950. 



40 Acts, 1950. — Chaps. 58, 59, 60. 



Chap. 58 An Act relative to the hours of duty of periManent 

MEMBERS OF THE FIRE DEPARTMENT OF THE TOWN OF 
DEDHAM. 

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 town of Ded- 
ham shall be so established by the chief of the fire depart- 
ment 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. 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 to\\Ti 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 Gen- 
eral Court in the year nineteen hundred and fifty, providing 
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 other- 
wise. Approved February S, 1950. 

Chap. 59 ^'^ -A^^T REVIVING CANADIAN CLUB OF TAUNTON, INC. 

Be it enacted, etc., as follows: 

Canadian Club of Taunton, Inc., a corporation dissolved 
by a decree of the supreme judicial court on April twenty- 
sixth, nineteen hundred and forty-four, is hereby revived 
with the same powers, duties and obligations as if said 
decree had not been entered. Approved February 3, 1950. 

Chap. 60 An Act authorizing the department of education to 

GRANT THE DEGREE OF BACHELOR OF FINE ARTS TO CERTAIN 
students at THE MASSACHUSETTS SCHOOL OF ART. 

Be it enacted, etc., as follows: 

Ed^'yJl'v Section 7 of chapter 73 of the General Laws, as most 

etc., 'amended, rcccutly amended by section 3 of chapter 620 of the acts of 
1948, is hereby further amended by adding at the end the 
Say*gr™nT* following scntcnce: — The department may grant the degree 
certain de- of bachclor of fine arts to any student at the Massachusetts 
^^^^^' school of art upon the successful completion of certain four- 

year prescribed courses in the field of fine arts. 

Approved February 3, 1950. 



Acts, 1950. — Chaps. 61, 62, 63. 41 



An Act providing for the semester system in barber (JJkjj) qi 

SCHOOLS and barber COLLEGES. 

Be it enacted, etc., as follows: 

Section 87P of chapter 112 of the General Laws, as g. l. (Ter. 
amended In' section 3 of chapter 260 of the acts of 1934, is §'s7P^etc 
hcreb}' further amended by adding at the end the following: imiended. ' 

— The course of study in any such school or college shall be Courses to be 
on a semester basis. Students shall be admitted for instrue- CLL'*'^""^'***^'^ 
tion only at the beginning of a semester. 

Approved February 3, 1950. 

An Act relative to appropriations by the town of nhfj^ ao 

NANTUCKET FOR MUNICIPAL ADVERTISING PURPOSES AND ^' 

FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 139 of the acts of 1937, 
as amended by section 1 of chapter 32 of the acts of 1947, 
is hereby further amended by striking out, in line 3, the 
word "six" and inserting in place thereof the word: — ten, 

— so as to read as follows: — Section 1. The town of Nan- 
tucket may, by a majority vote, appropriate each year a 
sum not exceeding ten thousand dollars for advertising the 
advantages of the town and for providing amusements or 
entertainments of a public character. The money so appro- 
priated by the town shall be expended under the direction 
of the board of selectmen. 

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

Approved February 7, 1950. 



An Act relative to salaries authorized by directors nhn^ aq 
OF domestic insurance companies. ^' 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 35, as appearing in the Tercentenary amended^.' ^ ^^' 
Edition, and inserting in place thereof the following: — 
Section 35. No domestic company shall pay any salary. Salaries to be 
compensation or emolument to any officer, trustee or director drre^ctors^"^ ^^ 
thereof, nor any salary, compensation or emolument amount- Limitations. 
ing in any year to more than ten thousand dollars to any 
person, unless such payment be first authorized by a vote 
of its board of directors. No such company shall make 
any agreement with any of its officers, trustees or employees 
whereby it agrees that for any services rendered or to be 
rendered he shall receive any salary, compensation or emolu- 
ment that will extend beyond a period of three years from 
the date of such agreement; nor shall such company pay 
any pension except as provided in section thirty-six. 

Approved February 7, 1950. 



42 



Acts, 1950. — Chap. 64. 



G. L. (Ter. 
Ed.). 206, § 25, 
amended. 



Unclaimed 
money to be 
deposited in 
savings bank, 
etc.. 



Chap. 64 An Act providing that certain unclaimed money may 

BE INVESTED IN THE PURCHASE OF SHARE ACCOUNTS OF 
FEDERAL SAVINGS AND LOAN ASSOCIATIONS OR SAVINGS 
AND LOAN ASSOCIATIONS AND PROVIDING FOR THE MANNER 
IN WHICH SAID PURCHASE SHALL BE HELD, TRANSFERRED 
AND PAID. 

Be it enacted, etc., as follows: 

Section 1. Chapter 206 of the General Laws is hereby 
amended by striking out section 25, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following section : — Section 25. If money which a decree 
of a probate court has ordered to be paid over remains for 
six months unclaimed, the executor, administrator, guardian, 
conservator or trustee who was ordered to pay the same 
may deposit it in a savings bank or other like institution, 
or invest it in bank stock or other stocks, or in share ac- 
counts of a federal savings and loan association or a savings 
and loan association located in the commonwealth, as the 
probate court orders, to accumulate for the benefit of the 
person entitled thereto. Such deposit or investment 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 as hereinafter provided. The person 
making such deposit or investment shall file in the probate 
court a memorandum thereof, with the original certificates 
or other evidences of title thereto, which shall be allowed 
as a sufficient voucher for such payment. When the person 
entitled to the money deposited or invested satisfies the 
judge of his right to receive it, the judge shall cause it to 
be paid over and transferred to him. 

Section 2. Chapter 241 of the General Laws is hereby 
amended by striking out section 34, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following section : — Section 34- If the proceeds of a sale, 
or any share thereof, cannot be paid to the persons entitled 
thereto, the commissioners shall deposit the same in the 
name of the judge of probate for the county where the pro- 
ceedings are had, in such savings bank or other like institu- 
tion, or purchase with it in the name of said judge of probate 
a share account of a federal savings and loan association or 
a savings and loan association located in the commonwealth, 
as the court orders, to accumulate for the persons entitled 
thereto. The deposit or purchase shall be subject to sections 
twenty-five to twenty-eight, inclusive, of chapter two hun- 
dred and six, so far as applicable. 

Approved February 7, 1950. 



G. L. (Ter. 
Ed.). 241, § 34, 
amended. 



Disposal of 

proceeds 

unclaimed. 



Acts, 1950. — Chaps. 65, 6G. 43 



An Act fi'rther authorizing agreements by fiduci- QJidry 55 

ARIES with their TRUSTEES FOR JOINT CONTROL OF 
TRUST ESTATES. 

Be it enacted, etc., as follows: 

Chapter 205 of the General Laws is hereby amended by q. u. (Ter. 
striking out section 19A, as appearing in the Tercentenary lioXf"''' 
Edition, and inserting in place thereof the following sec- "'"ended. 
tion: — Section 19 A. Any receiver, assignee, guardian, Agreoments 
conservator, trustee, executor, administrator or other fiduci- wuh'thc"'"^ 



neir 



ary, or party from whom a bond is required, may agree -"[nt'coij'/oi 
and arrange with his sureties for the deposit for safe keeping of trust 
of any or all moneys, assets, and other property for which thoHze'd!^"' 
he is or may be responsible with a bank, savings bank, safe 
deposit or trust companj' authorized by law to do business 
as such in the commonwealth, or to invest such moneys in 
the purchase of share accounts of a federal savings and loan 
association or a savings and loan association located in the 
commonwealth, and in such manner as to prevent the with- 
drawal or alienation of such money, assets or other property 
or any part thereof, without the written consent of such 
sureties, or an order of the court in which said bond is filed, 
or of a judge thereof, made on such notice to such sureties 
as the court or judge may direct. 

Approved February 7, 1950. 



An Act empowering the probate court to authorize Chav 66 

CERTAIN fiduciaries TO USE CERTAIN MONEYS TO PUR- 
chase share ACCOUNTS OF FEDERAL SAVINGS AND LOAN 
ASSOCIATIONS OR SAVINGS AND LOAN ASSOCIATIONS LO- 
CATED IN THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Chapter 201 of the General Laws is hereby G- i- (Ter. 
amended by striking out section 48 A, as most recently § 48A^etc., 
amended by chapter 14 of the acts of 1949, and inserting in "^^^nded. 
place thereof the following section: — Section 48 A. Upon Provision for 
application therefor by a conservator or by a guardian of an of'wards.'''"'^^^ 
insane person or a spendthrift, whose ward is a resident of 
the commonwealth, the probate court, after such notice as it 
deems necessary, and a hearing, may authorize such con- 
servator 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 ex- 
ceeding one hundred and fifty dollars, or may authorize said 
conservator or guardian to purchase a share account of a 
federal savings and loan association or a savings and loan 
association located within the commonwealth, in a sum not 
exceeding one hundred and fifty dollars, to be expended 
solely for, or towards the expense of, the burial of his ward. 
Such deposit or purchase shall be made in the name of the 



44 Acts, 1950. — Chap. 66. 

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 or purchase shall file in the 
probate court a memorandum thereof and the deposit book 
or share account book, and the amount so deposited or pur- 
chased shall, for the purpose of the accounting by said guard- 
ian or conservator, be allowed as payment. Upon the death 
of such ward, the probate court may, upon application and 
after like notice and hearing, order the payment of such de- 
posit or purchase, together with any accrued interest thereon, 
hereinafter referred to as such deposit or purchase, to the 
executor of the will of such ward or to the administrator of 
the estate, to be expended by him only for the purpose here- 
inbefore stated, and, in case no executor or administrator is 
appointed, said court may order payment from such deposit 
or purchase 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 or purchase together 
with any accrued interest thereon, or may apportion such 
deposit or purchase together with any accrued interest 
thereon between several claimants for such charges or ex- 
penses but in no event to exceed the total amount of such 
charges, or expenses; provided that any balance remaining 
after the payment of such charges or expenses shall become 
general assets of the estate. 
Ed)"2or§27 Section 2. Chapter 206 of the General Laws is hereby 
am'eAded.' ' amended by striking out section 27, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the follow- 
Deposit of incr gcctiou : — Section 27. If an executor, administrator, 

certain funds. ■=■ ,. i i ^ i • i i 

guardian, conservator or trustee has money which he con- 
siders it advisable to deposit in a savings bank, or with which 
he considers it advisable to purchase share accounts of a 
federal savings and loan association or a savings and loan 
association located in the commonwealth, in the name of the 
judge of probate, for the benefit of any person, ho may apply 
to the probate court by which he was appointed for leave so 
to do, and the court may in its discretion, without notice, 
direct such money to be so deposited, or such purchase to be 
made. When the deposit is made the deposit book of the 
bank shall be filed in said court and when a purchase is made 
the account book of said federal savings and loan association 
shall be filed in said court. When the person entitled to such 
money satisfies the court of his right to receive it, the court 
shall by decree direct that it be transferred to him. 
Edt'2i5'^'§ 41 Section 3. Chapter 215 of the General Laws is hereby 
amended.' ' amended by striking out section 41, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the follow- 
Temporary Ing section : — SecHon 41- A probate court may, upon ap- 
investments. pijcation of a pci'sou interested in an estate in process of 
settlement in such court, direct the temporary investment of 
any money belonging to such estate in securities approved by 
the judge, or in share accounts of federal savings and loan 



Acts, 1950. — Chaps. 67, 68, 69. 45 

associations or a savings and loan association located in the 
commonwealth; or it may authorize the money to be de- 
posited in any bank or institution in the commonwealth em- 
powered to receive such deposits, upon such interest as such 
bank or institution may agree to pay. 

Approved February 8, 1950. 

An Act eelative to the use of seines, drag-nets or (Jfidr) Q7 

GILL-NETS IN MENEMSHA POND. "' 

Be it enacted, etc., as follows: 

Section 1. No seine, drag-net or gill-net shall at any 
time be drawn or used in Menemsha pond, situated in Gay 
Head, within fifty rods from the mouth of the Gay Head 
Herring creek. 

Section 2. Any person violating the provisions of this 
act shall be punished by a fine not exceeding two hundred 
dollars, and by the forfeiture of any boat used by him in 
such violation. 

Section 3. Chapter 190 of the acts of 1873 is hereby 
repealed. 

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

Approved February 11, 1950. 

An Act prohibiting the use of purse seines in taking QhnrQ gc 

FISH in a certain PART OF THE WATERS OF PROVINCE- ^' 

TOWN HARBOR. 

Be it enacted, etc, as follows: 

Section 1. Whoever uses a purse seine in that part of 
the waters of Provincetown harbor lying within the outer 
boundary of said harbor, as defined in section two, shall be 
punished by a fine of not less than five hundred nor more 
than one thousand dollars. 

Section 2. For the purposes of this act, the outer bound- 
ary of Provincetown harbor is described as follows : — Be- 
ginning at Long Point Light and running easterly on a line 
between said light and the stack of the Provincetown water 
works pumping station in Truro, a distance of one nautical 
mile, more or less, to its intersection with the town boundary 
between Provincetown and Truro, thence running northerly 
along said boundary a distance of one and one half nautical 
miles, more or less, to the shore line southerly of Mount 
Arat. 

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

Approved February 11, 1950. 

An Act prohibiting the taking of fish by otter trawl- QJiav. 69 

ING in certain waters IN BARNSTABLE COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Any provision of general or special law to 
the contrary notwithstanding, no person shall take fish by 



46 AcTS; 1950. — Chaps. 70, 71. 

otter trawling in the waters of Round cove in the town of 
Harwich, Ryder's cove in the town of Chatham, or Quonset 
pond in the town of Orleans. Whoever violates this section 
shall be punished by a fine of not less than twenty nor more 
than fifty dollars. 

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

Approved February 11, 1950. 



Chav. 70 An Act authorizing the toW'N of wakefield to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing an addition to the high school building, and 
originally equipping and furnishing said addition, the town 
of Wakefield may borrow, from time to time, within a period 
of five years from the passage of this act, such sums as may 
be necessary, not exceeding, in the aggregate, two million 
dollars, and may issue bonds or notes of the town therefor 
which shall bear on their face the words, Wakefield School 
Loan, Act of 1950. 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, including the limitation contained in 
the first paragraph of section seven thereof. 

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

Approved February 11, 1950. 

Chav. 71 An Act increasing the amount of money w^hich the 

TOWN OF WEST BRIDGEWATER MAY BORROW FOR THE 
PURPOSE OF CONSTRUCTING, EQUIPPING AND FURNISHING 
A SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 285 of the acts of 1949 
is hereby amended by striking out, in line 6, the word "six" 
and inserting in place thereof the word: — eight, — so as to 
read as follows : — Section 1 . For the purpose of construct- 
ing and originally equipping and furnishing a school build- 
ing, the towTi 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 eight 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 



Acts, 1950. — Chaps. 72, 73, 74. 47 

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 11, 1950. 



An Act authorizing the town of somerset to borrow (Jjidy 70 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing a junior 
high school building, and originally equipping and furnish- 
ing such building, the town of Somerset 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 Somerset School Building Loan, Act of 1950. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in ex- 
cess of the statutory limit, but shall, except as herein pro- 
vided, be subject to chapter forty-four of the General Laws, 
exclusive of the limitation contained in the first paragraph 
of section seven thereof. 

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

Approved February 11, 1950. 



Chap. 73 



An Act authorizing the city of holyoke to incur debt 
for the purpose of selling and distributing steam. 

Be it enacted, etc., as follows: 

Section 1. Chapter 289 of the acts of 1947 is hereby 
amended by adding at the end the following section: — 
Section 4- The sale and distribution of steam generated by 
the city's gas or electric plants shall be deemed a part of the 
operations of said plants respectively, and all property and 
equipment incidental thereto shall be deemed a part of the 
property and equipment of said plants respectively for all 
purposes; and said city may incur debt as provided in 
clause (8) of section eight of chapter forty-four of the Gen- 
eral Laws for extending or enlarging its gas or electric plants 
for the purpose of selling or distributing steam in accordance 
with this act. 

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

Approved February 11, 1950. 

An Act authorizing the town of franklin to borrow Qhav 74 

MONEY for school PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for, and 
constructing and originally equipping and furnishing, one or 



48 Acts, 1950. — Chaps. 75, 76. 

more school buildings, the town of Franklin 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 and fifty thou- 
sand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, Franklin 
School Loan, Act of 1950. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory limit, 
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 11, 1950. 

Chap. 75 An Act authorizing the city of lynn to borrow money 

FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section L For the purpose of acquiring land for and 
constructing school buildings and an addition to the Pick- 
ering junior high school building, and origmally equipping 
and furnishing such buildings and addition, or for any of 
such purposes, the city of Lynn 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 and a half million dollars, and may issue 
bonds or notes therefor which shall bear on their face the 
words, Lynn School Loan, Act of 1950. 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, including 
the limitation contained in the first paragraph of section seven 
thereof. 

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

Approved February 11, 1950. 

Chap. 76 An Act relative to appropriations by the town of 

PLYMOUTH FOR MUNICIPAL ADVERTISING PURPOSES AND 
FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth may, by a majority 
vote, appropriate each year a sum not exceeding five thou- 
sand dollars for advertising the advantages of the town 
and for providing amusements or entertainments of a public 
character. The money so appropriated by the town shall 
be expended under the direction of the selectmen. 

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

Approved February 11, 1950. 



Acts, 1950. — Chap. 77. 49 



An Act authorizing the town of rockport to construct QJidj) 'j'j 

AND OPERATE A SYSTEM OF SEWERS. 

Be it enacted, etc., as follows: 

Section 1. The to^vTi of Rockport, hereinafter called the 
to\Mi, may lay out, construct, maintain and operate a system 
or systems of main drains and, common sewers for a part or 
the whole of its territorj'-, with such connections and other 
works as may be required for a system of sewage disposal, and 
may construct such sewers or drains in said towTi as may be 
necessary, and, for the purpose of providing better surface 
or other drainage, may make, lay and maintain such drains 
as it deems best; and, for the purposes aforesaid, the town 
may, within its limits, make and maintain subdrains. 

Section 2. The town may make and maintain, in any 
way therein where main drains or common sewers are con- 
structed, such connecting drains, subdrains and sewers 
within the limits of such way as may be necessary to con- 
nect any estate which abuts upon the way. 

Section 3. The board of sewer and water commissioners, 
acting for and on behalf of said town, may take by eminent 
domain under chapter seventy-nine of the General Laws, or 
acquire by purchase or otherwise, any lands, water rights, 
rights of way or easements, public or private, in said town, 
necessary for accomplishing any purpose mentioned in this 
act, and may construct such main drains and sewers under 
or over any bridge, railroad, railway, boulevard or other 
public way, or within the location of any railroad, and may 
enter upon and dig up any private land, public way or rail- 
road location, for the purpose of laying such drains and sewers 
and of maintaining and repairing the same, and may do any 
other thing proper or necessary for the purposes of this act; 
provided, that they shall not take in fee any land of a rail- 
road corporation, and that they shall not enter upon or con- 
struct any drain or sewer within the location of any railroad 
corporation except at such time and in such manner as they 
may agree upon with such corporation, or, in case of failure 
to agree, as may be approved by the department of public 
utilities. 

Section 4. Any person injured in his property by any 
action of said board of sewer and water commissioners under 
this act may recover damages from said town under said 
chapter seventy-nine. 

Section 5. The town shall, by vote, determine what 
proportion of the cost of said system or systems of sewerage 
and sewage disposal the town shall pay; provided, that it 
shall pay not less than one fourth nor more than two thirds 
of the whole cost. In providing for the payment of the re- 
maining portion of the cost of said system or systems or for 
the use of said system or systems, the town may avail itself 
of any or all of the methods permitted by the General Laws, 
and the provisions of said General Laws relative to the 



50 Acts, 1950. — Chap. 77. 

assessment, apportionment, division, reassessment, abate- 
ment and collection of sewer assessments, to liens therefor 
and to interest thereon, shall apply to assessments made 
under this act, except that interest shall be at the rate of 
four per cent per annum. 

At the same meeting at which it determines the propor- 
tion of the cost which is to be borne by the town, it may by 
vote determine by which of such methods the remaining 
portion of said cost shall be provided for. The collector of 
taxes of said towTi shall certify the payment or payments of 
such assessments or apportionments thereof to the sewer 
commissioners, or to the selectmen acting as such, who shall 
preserve a record thereof. 

Section 6. The receipts from sewer assessments and from 
payments made in lieu thereof shall be applied to the pay- 
ment of charges and expenses incident to the maintenance 
and operation of said system of sewerage and sewage dis- 
posal or to the extension thereof, to the payment of interest 
upon bonds or notes issued for sewer purposes or to the 
payment or redemption of such bonds or notes. 

Section 7. Said board may, in its discretion, prescribe 
for the users of said sewer systems such annual rentals or 
charges based on the benefits derived therefrom as it may 
deem proper, subject, however, to such rules and regulations 
as may be fixed by vote of the town. 

Section 8. All contracts made by the board of sewer and 
water commissioners shall be made in the name of the town 
and shall be signed by the board, but no contract shall be 
made or obligation incurred by said board for any purpose 
in excess of the amount of money appropriated by the to^vn 
therefor. 

Section 9. Said board may, from time to time, prescribe 
rules and regulations for the connection of estates and build- 
ings with main drains and sewers, and for inspection of the 
materials, the construction, alteration and use of all con- 
nections and drains entering into such main drains or sewers, 
and may prescribe penalties, not exceeding twenty dollars, 
for each violation of any such rule or regulation. Such rules 
and regulations shall be published at least once a week for 
three successive weeks in some newspaper published in the 
town of Rockport, if there be any, and if not, then in some 
newspaper published in the county of Essex, and shall not 
take effect until such publications have been made. 

Section 10. No act shall be done under authority of the 
preceding sections except in the making of surveys and other 
preliminary investigations, until the plans for said system 
of sewerage and sewage disposal have been approved by the 
state department of public health. Upon application to said 
department for its approval, it shall give a hearing, after 
due notice to the public. At such hearing, plans showing 
the work to be done in constructing said system of sewerage 
and sewage disposal shall be submitted for approval by said 
department. 



Acts, 1950. — Chap. 78. 51 

Section 11. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of said town 
voting thereon at a town meeting called for the purpose 
within two years after its passage, but not otherwise. No 
expenditure shall be made and no liability incurred here- 
under until such acceptance. 

Approved February 11, 1950. 

An Act relative to certain parades, processions, and QJkit) 78 
organized formations in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 263 of the acts of 1929, 
as amended by section 1 of chapter .362 of the acts of 1949, 
is hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentences: — 
For the purpose of conserving the public convenience in the 
use of the streets, ways, highways, roads and parkways 
under the control of the city, the commission shall have ex- 
clusive authority to adopt, amend, alter and repeal rules, 
which shall be reasonable and not repugnant to law, regu- 
lating the time, place and manner of parades, processions, 
and other organized formations of persons or vehicles, other 
than funeral processions and picket lines, in or upon all or 
any such streets, ways, highways, roads and parkways, and 
prescribing that no person shall take part in any parade, 
procession or other organized formation of persons or ve- 
hicles, other than a funeral procession or a picket line, in or 
upon any such street, way, highway, road or parkway unless 
the commission has granted a permit for such parade, pro- 
cession or formation; provided, however, that no rule pre- 
scribing a permit shall be valid unless it also requires the 
issuance of the permit in all cases except where the time, 
place and manner are not in conformity with rules adopted 
hereunder and except where the permit would conflict as to 
time or place with a permit previously issued; and provided, 
further, that, notwithstanding anything to the contrary in 
chapter two hundred and twenty-two of the acts of nineteen 
hundred and forty-nine, no fee shall be charged for any such 
permit. The commission shall also 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 
traflfic 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. The com- 
mission may prescribe penalties not exceeding fifty dollars 
for the violation of any rule or regulation adopted under 
this section. 



52 Acts, 1950. — Chaps. 79, 80. 

Section 2. On and after the effective date of this act, 
the board of street commissioners of the city of Boston shall 
have no jurisdiction over parades, processions, and other 
organized formations of persons or vehicles in said city. 

Approved February 11, 1950. 

Chap. 79 An Act authorizing the eastern commercial travelers 

ACCIDENT ASSOCIATION AND THE EASTERN COMMERCIAL 
TRAVELERS HEALTH ASSOCIATION TO SET UP AND PROVIDE 
UNDER THEIR BY-LAWS A PLAN FOR THE PAYMENT OF HOS- 
PITAL AND MEDICAL EXPENSES AND FOR CERTAIN OTHER 
SERVICES. 

Be it enacted, etc., as follows: 

Upon the passage of a majority vote of the members of 
the Eastern Commercial Travelers Accident Association and 
of the Eastern Commercial Travelers Health Association at a 
duly called regular or special meeting amending their respec- 
tive by-laws to provide for the operation of a plan for the 
payment of hospital and medical expenses and for the serv- 
ices of surgeons, physicians and nurses, or for any one of 
these services or expenses, in connection with sickness, dis- 
ease or accidents or the results therefrom, and said Eastern 
Commercial Travelers Accident Association and the said 
Eastern Commercial Travelers Health Association are hereby 
authorized to establish one common fund to be kno^\^l as the 
Eastern Commercial Travelers Accident and Health Asso- 
ciations Hospitalization Fund. Such fund shall be subject 
to the provisions of section thirteen A of chapter one hun- 
dred and seventy-six of the General Laws, inserted by sec- 
tion one of chapter three hundred and forty-six of the acts 
of nineteen hundred and forty-five. In the event of liquida- 
tion, dissolution or merger of either or both of said associa- 
tions, the said fund shall be terminated and its assets shall 
be equitably distributed to the persons entitled thereto. 

Approved February 11, 1950. 

Chap. 80 An Act relative to liens for water accounts not 

ADDED TO, OR COMMITTED AS, TAXES AS PROVIDED BY 
LAW. 

Be it enacted, etc., as follows: 

KdV'4?^'^' '^^^ second paragraph of section 42D of chapter 40 of the 

M2b, etc.. General Laws, as most recently amended by section 4 of 
a.nonded. chapter 380 of the acts of 1941, is hereby further amended 

f^fwater'^"^ "^^ inserting after the second sentence the following: — Any- 
accounts to ^ thing in section forty-two B to the contrary notwithstanding, 
if any account referred to in a statement so filed for record is 
not added to or committed as a tax in the real estate tax list 
and warrant so committed next after the filing of such state- 
ment, the lien for such account shall terminate at the expira- 
tion of two years from the first day of October next following 



terminate, etc. 



Acts, 1950. — Chaps. 81, 82. 53 

the filing of such statement for record and shall thereupon, 
upon the request of any person, be disclaimed and released 
in the same manner as a lien deemed invalid under section 
forty-two B. Approved February 11, 1950. 

An Act to protect pttrchaseks on credit, conditional QJku) qi 
sale or sale subject to a personal property mort- * 

gage from unconscionable finance charges. 

Be it enacted, etc., as follows: 

Chapter 255 of the General Laws is hereby amended by g. t,. (Ter. 
inserting after section 12 the following section: — Section §'i2Afadded"' 
12 A. Every contract of sale on credit, conditional sale or Finance 
sale subject to a personal property mortgage in which finance saies^on wedit, 
charges are included shall be in writing and shall have g,';'"^'*'?"'*' 
printed thereon in not less than eight point bold face type 
the words, "The Finance Charges Provided Herein Are not 
Regulated by Law. They Are a Matter for Agreement be- 
tween the Parties.". Approved February 11, 1950. 



An Act authorizing the town of Halifax to supply 
itself and its inhabitants with water. 

Be it enacted, etc., as follows: ) 

Section 1. The town of Halifax may supply itself and 
its inhabitants with water for the extinguishment of fires 
and for domestic and other purposes; may establish foun- 
tains and hydrants, relocate or discontinue the same, and 
may regulate the use of such water and fix and collect rates 
to be paid for the use of the same. 

Section 2. For the purposes aforesaid, said town, act- 
ing by and through its board of water commissioners herein- 
after provided for, may contract with any other munici- 
pality, 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, or may take by eminent domain under 
chapter seventy-nine of the General Laws, or acquire by 
lease, purchase, gift, devise or otherwise, and hold, the 
waters, or any portion thereof, of any pond, brook, spring or 
stream or of any ground water sources, by means of driven, 
artesian or other wells or filter galleries, within the limits 
of said town, not already appropriated for purposes of public 
water supply, and the water rights connected with any such 
water sources; and also for said purposes may take by emi- 
nent domain under said chapter seventy-nine, or acquire 
by lease, purchase, gift, devise or otherwise, and hold, all 
lands, rights of way and other easements necessary for col- 
lecting, storing, holding, purifying and treating such water 
and protecting and preserving the purity thereof and for 
conveying the same to any part of said town ; provided, that 
no source of water supply and no lands necessary for pro- 
tecting and preserving the purity of the water shall be taken 



Chap. 82 



54 Acts, 1950. — Chap. 82. 

or used without first obtaining the advice and approval of 
the department of pubhc health, and that the location and 
arrangement of all dams, reservoirs, wells or filter galleries, 
filtration and pumping plants or other works necessary in 
carrying out the provisions of this act shall be subject to 
the approval of said department; and for said purposes said 
town may acquire by lease, purchase, gift, bequest or other- 
wise any appliances, works, tools, machinery and other 
equipment that may be necessary or expedient in carrying 
out the provisions of this act. Said town may construct and 
maintain on the lands acquired and held under this act 
proper dams, wells, reservoirs, pumping and filtration 
plants, buildings, standpipes, tanks, fixtures and other struc- 
tures, including also purification and treatment works, the 
construction and maintenance of which shall be subject to 
the approval of said department of public health, and may 
make excavations, procure and operate machinery, and pro- 
vide such other means and appliances and do such other 
things as may be necessary for the establishment and main- 
tenance of complete and effective water w^orks; and for that 
purpose may construct, lay and maintain aqueducts, con- 
duits, pipes and other works, under or over any lands, water 
courses, railroads, railways and public or other ways, and 
along any such way in said town in such manner as not un- 
necessarily to obstruct the same; and for the purposes of 
constructing, laying, maintaining, operating and repairing 
such conduits, pipes and other works, and for all other proper 
purposes of this act, said town may dig up or raise and 
embank any such lands, highwaj^s or other ways in such 
manner as to cause the least hindrance to public travel 
thereon; provided, that all things done upon any such way 
shall be subject to the direction of the selectmen of said 
town. Said town shall not enter upon, construct or lay 
any conduits, pipes or other works within the location of any 
railroad corporation except at such time and in such manner 
as it may agree upon with such corporation or, in case of 
failure so to agree, as may be approved by the department 
of public utilities. Said town may enter upon any lands for 
the purpose of making surveys, test pits and borings, and 
may take or otherwise acquire the right to occupy tempo- 
rarily any lands necessary for the construction of any works 
or for any other purpose authorized by this act. 

Section 3. The land, water rights and other property 
taken or acquired under this act, and all works, buildings 
and other structures erected or constructed thereunder, shall 
be managed, improved and controlled by the board of water 
commissioners hereinafter provided for, in such manner as 
they shall deem for the best interest of the town. 

Section 4. Any person or corporation injured in his or 
its property by any action of said town or board under this 
act may recover damages from said town under said chapter 
seventy-nine; provided, that the right to damages for the 
taking of any water, water source or water right, or any 



Acts, 1950. —Chap. 82. 55 

injury thereto, shall not vest until the water is actually with- 
drawn or diverted by said town under authority of this act. 

Section 5. Said town shall, at the time of authorizing 
the issuance of bonds or notes, under authority of chapter 
forty-four of the General Laws, for the purpose of paying 
the necessary expenses and liabilities incurred or to be in- 
curred under the provisions of this act, provide for the pay- 
ment thereof in accordance with the provisions of said 
chapter forty-four; and when a vote to that effect has been 
passed, a sum which, with the income derived from the 
water rates, will be sufficient to pay the annual expense of 
operating its water works or the purchasing of water and 
the maintenance of its pipe lines, as the case may be, and the 
interest as it accrues on the bonds or notes issued as afore- 
said, and to make such payments on the principal as may be 
required under the provisions of this act, shall without fur- 
ther vote be assessed by the assessors of said town annually 
thereafter in the same manner as other taxes, until the debt 
incurred by the said loan or loans is extinguished. 

Section 6. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any of the waters taken or held under this 
act, or injures any structure, work or other property owned, 
held or used by said town under the authority and for the 
purposes of this act, shall forfeit and pay to said town three 
times the amount of damages assessed therefor, to be recov- 
ered in an action of tort; and upon conviction of any one of 
the above wilful or wanton acts shall be punished by a fine 
of not more than three hundred dollars or by imprisonment 
for not more than one year, or both. 

Section 7. Said town shall, after its acceptance of this 
act, at the same meeting at which the act is accepted, or at 
a meeting thereafter called for the purpose, and without the 
necessity, in either case, of a prior caucus for the nomination 
of candidates, elect by ballot three persons to hold office, 
one until the expiration of three years, one until the expira- 
tion of two years, and one until the expiration of one year, 
from the next succeeding annual town meeting, to consti- 
tute a board of water commissioners; and at the annual 
town meeting held on the day on which the shortest of such 
terms expires, and at each annual town meeting thereafter, 
one such commissioner shall be elected by ballot for the term 
of three years. All the authority granted to the town by 
this act, except section six, and not otherwise specially pro- 
vided for, shall be vested in said board of water commis- 
sioners, who shall be subject, however, to such instructions, 
rules and regulations as said town may impose by its vote. 
A majority of said commissioners shall constitute a quorum 
for the transaction of business. After the election of a board 
of water commissioners under authority of this section, any 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said town 
at any legal town meeting called for the purpose. Any such 
vacancy may be filled temporarily in the manner provided 



56 Acts, 1950. — Chap. 83. 

by section eleven of chapter forty-one of the General Laws, 
and the person so appointed shall perform the duties of the 
office until the next annual meeting of said town or until 
another person is qualified. 

Section 8. Said commissioners shall fix just and equi- 
table prices and rates for the use of water, and shall prescribe 
the time and manner of payment. The income of the water 
works shall be appropriated by vote of said town to defray 
all operating expenses, interest charges and payments on 
the principal as they accrue upon any bonds or notes issued 
under authority of said chapter forty-four of the General 
Laws. If there should be a net surplus remaining after pro- 
viding for the aforesaid charges, it may be appropriated for 
such new construction as the water commissioners, with the 
approval of the town, may determine upon, and in case a 
surplus should remain after payment for such new construc- 
tion the water rates shall be reduced proportionately. All 
authority vested in said commissioners by the foregoing pro- 
visions of this section and by section three shall be subject 
to the provisions of section seven. Said commissioners shall 
annually, and as often as the town may require, render a 
report upon the condition of the works under their charge, 
and an account of their doings, including an account of the 
receipts and expenditures. 

Section 9. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Halifax present 
and voting thereon at a town meeting called for the purpose 
within four years after its passage; but the number of 
meetings so called in any year shall not exceed three. 

Approved February 11, 1950. 

Chap. 83 An Act authorizing savings banks to deposit money 

IN THE FEDERAL HOME LOAN BANK OF BOSTON. 

Be it enacted, etc., as follows: 

Ed)'i^*"^§54 Clause Seventh of section 54 of chapter 168 of the Gen- 

etc, 'amended.' eral Laws, as most lecently amended by chapter 88 of the 

acts of 1948, is hereby further amended by striking out the 

last paragraph and inserting in place thereof the following 

paragraph : — 

may^cflj'otrt'^ A saviugs bank may deposit not more than five per cent 

money in of its deposits in any national banking association doing 

fng companies, busiucss withiu this commouwcalth, or in any trust com- 

^*''- pany incorporated under the laws of and doing business 

within this commonwealth, or in the Federal Home Loan 

Bank of Boston, if it is a member thereof, or in any banking 

company incorporated under the laws of and doing business 

within this commonwealth and qualified to receive demand 

deposits under the provisions of section six A of chapter one 

hundred and seventy-two A; but such deposits shall not 

exceed twenty-five per cent of the capital stock and surplus 

fund of such association, trust company, home loan bank or 

banking company. Approved February 11, 1950. 



Acts, 1950. — Chap. 84. 57 



An Act to further regulate personal loans by credit (Jfidj) 34 

UNIONS. ^' 

Be it enacted, etc., as follows: 

Section 24 of chapter 171 of the General Laws is hereby g. l. (Tcf. 
amended by striking out subdivision (A), as amended, and ^tc!! 'amended.' 
inserting in place thereof the following subdivision : — 

(a) personal loans. 

Each personal loan shall be payable within twenty-four Personal loans 
months from the date thereof and shall be paid or renewed unions^'regu- 
on or before such date. i^ted. 

Each personal loan shall be limited as follows : — 

1. To an amount -not exceeding one hundred dollars, if 
evidenced by the unendorsed and unsecured note of the 
borrower. 

2. To an amount not exceeding three hundred dollars, if 
evidenced by the note of the borrower with one or more 
responsible endorsers or co-makers thereon, or with satis- 
factory collateral pledged to secure the same. 

3. To an amount not exceeding one thousand dollars, if 
evidenced by the note of the borrower with two or more 
responsible endorsers or co-makers thereon, or with satis- 
factory collateral pledged to secure the same. 

4. To an amount not exceeding two thousand dollars, if 
evidenced by the note of the borrower fully secured by a 
pledge of satisfactory collateral valued at not more than 
eight}^ per cent of its market value. 

5. To an amount not exceeding three thousand dollars, if 
evidenced by the note of the borrower and with sufficient 
collateral pledged to secure the same made up of bonds or 
notes of the United States, or of any state or subdivision 
thereof, which are legal investments for savings banks, or 
credit unions, in this commonwealth valued at not more 
than eighty per cent of their market value, or by the assign- 
ment of the pass book of a depositor in a savings bank doing 
business in any of the New England states or in the savings 
department of a trust company or national banking asso- 
ciation doing business in this commonwealth, or the pass 
book of a depositor in a co-operative bank incorporated 
under chapter one hundred and seventy, or policies issued 
by life insurance companies authorized to transact business 
in this commonwealth, valued at not more than their cash 
surrender value. 

6. To an amount not exceeding the value of the shares and 
deposits of the borrower in the credit union, if evidenced by 
the note of the borrower and secured by an assignment of 
said shares and deposits. 

7. Notwithstanding the limitations set forth in the para- 
graphs numbered one and two of this section, a credit union 
having assets of two hundred thousand dollars or more may 
make loans in amounts not exceeding three hundred dollars 
each upon the unendorsed and unsecured note of the bor- 



58 



Acts, 1950. — Chaps. 85, 86. 



rower, and in amounts not exceeding five hundred dollars 
each upon the note of the borrower with one or more re- 
sponsible endorsers or co-makers, or with satisfactory col- 
lateral pledged to secure the same. 

The amount of a loan under paragraph 2, 3, 5 or 6 evi- 
denced by an unendorsed note of the borrower may, in the 
discretion of the credit committee, exceed by not more than 
one hundred dollars the amount warranted, in their opinion, 
by the value of the collateral offered as security for the loan ; 
but the total amount of any such loan shall not exceed the 
amount stated in the paragraph under which the loan is made. 

For the purposes of this section, an assignment of wages 
or a pay-roll deduction order may be received as satisfactory 
collateral for any loan not in excess of two hundred and fifty 
dollars. Approved February 11, 1950. 



Chap. 85 An Act relative to the time within which required 

PAYMENTS ON ACCOUNT OF PRINCIPAL OF CERTAIN CON- 
STRUCTION LOANS OF SAVINGS BANKS SHALL COMMENCE. 

Be it enacted, etc., as folloivs: 

The first paragraph of subdivision (i) of clause First of 
section 54 of chapter 1G8 of the General Laws, as appearing 
in chapter 719 of the acts of 1949, is hereby amended by 
striking out, in fine 3, the word "six" and inserting in place 
thereof the word: — nine, — so as to read as follows: — 

(i) In the case of a construction loan under subdivisions 
(c), (d), (e) and (/), the required pajonents on account of 
principal may commence not later than nine months after 
the date of the note. Approved February 11, 1950. 



G. L. (Ter. 
Ed.), 168, § 54, 
etc., amended. 



Time of 
payments on 
principal. 



Chap. 86 An Act authorizing the placing of the office of chief 

OF POLICE OF THE TOWN OF SUDBURY UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Sudbury shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws, but the person holding said office on said 
efi'ective date shall continue to serve therein onlj^ 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 be submitted to the voters of 
said town at the annual town meeting or at any special town 
meeting called for the purpose in the current year in the form 
of the following question, which shall be placed upon the 
official ballot to be u.sed for the election of town officers at 
said meeting: "Shall an act passed by the General Court 



Acts, 1950. — Chaps. 87, 88. 59 

in the year nineteen hundred and fifty entitled 'An Act 
authorizing the placing of the ofhce of chief of police of the 
town of Sudbury under the civil service laws', be accepted?" 
If a majority of the votes in answer to said question is in 
the affirmative, this act shall take full effect, but not other- 
wise. Approved February 11, 1950. 

An Act relative to the tenure of office of the present QJiaj). 87 

TOWN CLERK OF THE TOWN OF NATICK. 

Be it enacted, etc., as follows: 

Section 1. The incumbent of the office of town clerk in 
the to^^^l of Natick on the efTective date of this act shall 
hold office during good behavior unless incapacitated by 
physical or mental disability from performing the duties of 
clerk and until the selectmen shall remove him therefrom in 
accordance with the provisions of chapter thirty-one of the 
General Laws, and the rules made thereunder, relative to 
removals from the classified public service. Any vacancy 
in the office of town clerk in said town while said incumbent 
is holding office during good behavior as provided by this 
act shall be filled by election by a vote of a majority of its 
selectmen, and said clerk shall serve until the next regular 
towTi election, at which election a town clerk shall be elected 
as provided by law. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at the annual town meeting in 
the current year in the form of the following question, which 
shall be placed upon the official ballot to be used for the elec- 
tion of town officers at said meeting: "Shall an act passed by 
the General Court in the year nineteen hundred and fifty, 
entitled 'An Act relative to the Tenure of Office of the 
Present To^\^l Clerk of the Towm of Natick', 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 11, 1950. 

An Act forbidding the distribution of unsigned Chap. 88 
political circulars and posters. 

Be it enacted, etc., as follows: 

Section 41 of chapter 56 of the General Laws, as appear- g. l. (Ter. 
ing in section 11 of chapter 537 of the acts of 1946, is hereby etc!, 'amended, 
amended by striking out the first paragraph and inserting 
in place thereof the following: — No candidate for nomina- Distribution of 
tion or election to public office or any other person shall cafcfnfuiars', '*'' 
write, print, post or distribute, or cause to be written, etc., forbidden, 
printed, posted or distributed, a circular or poster designed 
to aid or defeat any candidate for nomination or election to 
any public office, or designed to aid or defeat any question 
submitted to the voters, unless there appears upon such 
circular or poster in a conspicuous place either the names of 



60 Acts, 1950. — Chaps. 89, 90. 

the chairman and secretary, or of two officers, of the political 
or other organization issuing the same, or of some voter 
who is responsible therefor, with his name and residence, 
and the street and number thereof, if any. 

Approved February 11, 1950. 

Chap. 89 An Act providing an extension of time for acceptance 

OF AN ACT ESTABLISHING A TOWN MANAGER FORM OF 
GOVERNMENT BY THE VOTERS OF THE TOWN OF NAHANT. 

Be it enacted, etc., as follows: 

Section 36 of chapter 513 of the acts of 1948 is hereby 
amended by inserting after the word "fifty", in lines 29 

and 31, in each instance, the word: one, — so as to read 

as follows: — Section 36. Upon petition of ten per cent of 
the registered voters of the town of Nahant filed with the 
town clerk this act shall be submitted for acceptance to the 
qualified voters of the said to\vn, and the selectmen of said 
town shall call a special town meeting to be held not less 
than thirty nor more than forty days after the filing of the 
petition therefor, at which the question of the acceptance of 
this act shall be submitted to the voters of said town. The 
vote shall be taken by ballot in accordance with the pro- 
visions of General Laws, so far as the same shall be appli- 
cable 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-eight, entitled 'An Act establishing a towTi man- 
ager form of government for the to\vn of Nahant' be ac- 
cepted by this town?" If a majority of the voters voting 
on this question shall vote in the affirmative, this act shall 
take effect forthwith for the purpose of the election of officers 
under said act and the board of selectmen of said town shall 
call a special election for the electing of officers under this 
act, to be held not less than thirty nor more than forty-five 
days after the acceptance of this act and for all other things 
pertaining thereto shall take full effect upon the qualifica- 
tion of a majority of the selectmen first elected as provided 
in section one of this act. If this act is not accepted at any 
special towTi meeting in nineteen hundred and forty-nine, it 
shall, on petition of ten per cent of the registered voters, be 
resubmitted at any special or annual meeting held on or 
before the fifteenth day of May, nineteen hundred and 
fifty-one. If this act is not accepted by the town on or before 
the fifteenth day of May, nineteen hundred and fifty-one, it 
shall become null and void. Approved February 11, 1950. 

Chap, 90 A-N Act relative to the filling of vacancies in the 

CITY council of THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law to the contrary, whenever a vacancy 



Acts, 1950. — Chaps. 91, 92. 61 

occurs in the office of city councillor of the city of Fall River 
other than a vacancy caused by the expiration of the term 
of the incumbent, said vacancy shall be filled by the person 
who received the next to the highest number of votes for 
said office at the mimicijxal election immediately preceding 
the occurrence of said wacancy, provided, that such person 
is eligible. 

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

Approved February 11, 1950. 

An Act relative to the unauthorized use of persons' (^hnj) Qi 

NAMES IN CONNECTION WITH POLITICAL ADVERTISEMENTS, 
circulars, POSTERS AND PUBLICATIONS. 

Be it enacted, etc., as follows: 

Chapter 56 of the General Laws, as appearing in section g. l. (Ten 
11 of chapter 537 of the acts of 1946, is hereby amended by new'§^4iA. 
inserting after section 41 the following section: — Sedion added. 
4IA. No person shall, in order to promote his success or iVsro/perewfs' 
the success of another as a candidate for nomination or ii''^"i?s '« 
election to any public office, include or cause to be included ci?c'uia^s, etc., 
in any political advertisement, circular, poster or publica- ''^gu'-'i'ted. 
tion, the name of any person as an endorser or supporter 
except with the express consent of such person. Violation 
of any provision of this section shall be punished by im- 
prisonment for not more than six months or by a fine of 
not more than one thousand dollars. 

Approved February 11, 1950. 

An Act relative to the limitations on deposits and nhn'r) 90 

CERTIFICATE FUNDS OF BANKING COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section 5 of chapter 172 A of the General Ecn'i72A§5 
Laws, as most recently amended by section 1 of chapter 148 et'e!. 'amended. ' 
of the acts of 1948, is hereby further amended by striking 
out the last paragraph and inserting in place thereof the fol- 
lowing paragraph : — 

Except as provided in clauses (a) to (e), inclusive, of the Receipt of 
last sentence of section six A, no such corporation shall re- ''«'p°*'*'*- 
ceive or have at any time aggregate certificate funds in ex- 
cess of ten times the total of its capital, surplus, undivided 
profits and unallocated reserves; provided, that certificate 
funds in any manner pledged with it to secure loans made by 
it shall not be included in its certificate funds for the purpose 
of this provision. 

Section 2. Section 6A of said chapter 172A is hereby g. l. (Ter. 
amended by striking out the last sentence, as appearing in f ei itc.t' 
section 1 of chapter 115 of the acts of 1946, and inserting in amended.' 
place thereof the following sentence : — No such corporation Receipt of 
shall receive or have at any time aggregate deposits under '^'^p"^'*^^- 



62 



Acts, 1950. — Chap. 93. 



this section which, together with certificate funds not pledged 
to it, would be in excess of ten times the total of its capital, 
surplus, undivided profits and unallocated reserves; pro- 
vided, that in determining such aggregate of deposits and 
certificate funds, the following items shall be deducted: — 
(a) interest on certificate funds whether or not pledged; 
(6) secured deposits of governments and agencies thereof; 

(c) cash on hand and cash items in process of collection; 

(d) balances due from national banks, trust companies, and 
other banking institutions; and (e) unpledged bonds, notes 
or other obligations of the United States or of the common- 
wealth of Massachusetts, or of any agency or subdivision of 
either, maturing within not more than five years from the 
date of such determination. Approved February 15, 1950. 



Chap. 



G L. (Ter. 
Ed.), 172, 
§ 13, etc., 
amended. 



Choice of 
officers. 



G. L. (Ter. 
Ed ), 172. 
§ 14A. etc., 
amended. 



Directors' 
meetings, 
reports, etc. 

G. L. (Ter. 
Ed.), 172, 
§ 14A, etc., 
amended. 



Same subject. 



G. L. (Ter. 
Ed.), 172, 
§ 14A. etc., 
amended. 

Same subject. 



93 An Act authorizing the election of directors of trust 

COMPANIES at special STOCKHOLDERS MEETINGS, AND 
regulating THE CONTENTS OF THE MONTHLY REPORTS OF 
OFFICERS TO DIRECTORS OF SUCH COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 13 of chapter 172 
of the General Laws, as amended by section 7 of chapter 349 
of the acts of 1934, is hereby further amended by adding at 
the end the words: — or at a special meeting duly called for 
the purpose, — so as to read as follows: — The afi'airs of 
such corporation shall be managed by the directors, who, 
with the clerk or secretary, shall be elected by the stock- 
holders at their annual meeting or at a special meeting duly 
called for the purpose. 

Section 2. Subparagraph numbered 3 of section 14A of 
said chapter 172, as appearing in section 1 of chapter 244 of 
the acts of 1939, is herel^y amended by striking out clause (b) 
and inserting in place thereof the following: — 

(6) All time loans overdue for more than thirty days, other 
than real estate mortgage loans. 

Section 3. Subparagraph numbered 4 of said section 
14A, as appearing in section 9 of chapter 349 of the acts of 
1934, is hereby amended by striking out the word "one", in 
line 4, and inserting in place thereof the word: — two, — so 
as to read as follows: — 

4, A list of all loans, secured or unsecured, and discounts 
of any borrower including both direct and indirect liabilities 
made during such period which brings the aggregate of the 
liabilities of such borrower to an amount in excess of two 
thousand dollars, with a notation of any line of credit pos- 
sessed by such borrower. 

Section 4. Said section 14A is hereby further amended 
by striking out the last paragraph, as so appearing, and in- 
serting in place thereof the following paragraph: — 

At the directors' meeting first occurring after the effective 
date of this section, such report shall cover the period from 
the last prior directors' meeting to a date not more than two 



Acts, 1950. — Chaps. 94, 95. 63 

weeks prior to the meeting so occurring, and subsequent re- 
ports shall cover the period running from the last date cov- 
ered by the next prior report to a date not more than four- 
teen days prior to the meeting at which such a subsequent 
report is to be rendered. Approved February 15, 1950. 

An Act relative to the sale of gas or electric proper- (Jjiav. 94 

TIES OF companies ENGAGED IN THE BUSINESS OF SUP- 
PLYING BOTH GAS AND ELECTRICITY. 

Be it enacted, etc., as follows: 

Chapter 164 of the General Laws is hereby amended bv o. l. (Ter. 
striking out section 100, as appearing in the Tercentenary amended! 
Edition, and inserting in place thereof the following sec- 
tion: — Section 100. Any company subject to this chapter Saie of gas 
engaged both in the business of an electric company and of a pro^pertles of 
gas company may, notwithstanding any other provisions of ^of^'^anies^'^*^"'' 
this chapter or of any general or special law, sell and convey etc., regulated, 
its properties used or useful in the electric business or its 
properties used or useful in the gas business to another com- 
pany subject to this chapter, and such other company may 
purchase such properties, with the approval of the depart- 
ment but subject to such of the provisions of sections ninety- 
six, ninety-eight and ninety-nine as may be applicable and 
consistent here\nth. Approved February 15, 1950. 

An Act relative to certain deposits with certain QJiq^t) 95 

PERSONS other THAN BANKS FOR THE PURPOSE OF BEING 
transmitted to FOREIGN COUNTRIES. 

Be it enacted, etc., as follows: 

Section 1 of chapter 169 of the General Laws, as most S^V^Jg'"*! 
recently amended by section 1 of chapter 64 of the acts of etc!, 'amended'. 
1949, is hereby further amended by adding after the word 
"companies", the first time it appears in line 6, the words: 
— , persons doing business under sections thirty-seven to 
forty-four, inclusive, of chapter one hundred and sixty- 
seven, — so as to read as follows: — Section 1. This chap- Application 
ter shall apply to all persons who engage or are financially °^° *''*'^'^' 
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, persons doing business under sections 
thirty-seven to forty-four, inclusive, of chapter one hundred 
and sixty-seven, 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. 

Approved February 15, 1950. 



64 



Acts, 1950. — Chaps. 96, 97. 



G. L. (Ter. 
Ed.), 168, § 54. 
etc., amended. 



Certain loans 
on real estate 
by savings 
banks, regu- 
lated. 



Chap. 96 An Act requiring the valuation and revaluation of 

CERTAIN REAL ESTATE MORTGAGED TO SAVINGS BANKS 
AND PROVIDING FOR THE REDUCTION IN CERTAIN CASES 
OF THE LOANS SECURED THEREBY. 

Be it enacted, etc., as follows: 

Clause First of section 54 of chapter 168 of the General 
Laws, as most recently amended by chapter 719 of the 
acts of 1949, is hereby further amended by striking out 
subsection Qi) and inserting in place thereof the following 
subsection : — 

(/i) Not later than three years from the date of a note 
made under the provisions of subdivisions (a), {h), (c), {d), 
(e) and (/) hereof, not less than two members of the board 
of investment shall certify in writing, according to their 
best judgment, the value of the premises mortgaged; and 
the premises shall be revalued in the same manner at in- 
tervals of not more than three years so long as they are 
mortgaged to such corporation. Such report shall be filed 
and preserved with the records of the corporation. 

If at the time a revaluation is made, the balance of princi- 
pal of a loan under subdivision (a) is in excess of forty per 
cent, or the balance of principal of a loan under subdivision 
(6) is in excess of .sixty per cent, of the value of the premises 
mortgaged, a sufficient reduction in the amount of the loan 
shall be required, as promptly as may be practicable; to 
bring the loan under subdivision (a) within forty per cent, 
or, in the case of subdivision (6), within sixty per cent, of 
the value of said premises. 

Approved February 15, 1950. 



Chav. 97 An Act designating a portion of the northern artery, 
so called, as the monsignor o'brien highway. 

Be it enacted, etc., as follows: 

Section 1. So much of the Northern Artery, so called, as 
is located within the limits of the city of Cambridge shall be 
designated as the Monsignor O'Brien Highway. The metro- 
politan district commission is hereby authorized and directed 
to erect along said portion of said highway suitable markers 
bearing said designation. 

Section 2. So much of chapter seventy-eight of the acts 
of nineteen hundred and thirty-three as is inconsistent with 
this act is hereby repealed. 

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

Approved February 20, 1950. 



Acts, 1950. — Chaps. 98, 99. 65 



An Act to at-thorize the town of Arlington to appro- QJiar) 98 

PRIATE MOXEV FOR THE CELEBRATION OF THE ONE HUN- 
DRED AND SEVENTY-FIFTH ANNIVERSARY OF PATRIOTS' DAY. 

Be it enacted, etc., as follows: 

Section 1. The town of Arlington may appropriate a 
sum not to exceed twenty-five thousand dollars for the cele- 
bration of the one hundred and seventy-fifth anniversary of 
Patriots' Day. 

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. 

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

Approved Febmary 20, 1950. 

An Act authorizing the board of selectmen of the Chap. 99 

TOWN of GROVELAND TO ACT AS A BOARD OF PUBLIC 
WORKS. 

Be it enacted, etc., as follows: 

Section 1. The board of selectmen of the town of Grove- 
land, as constituted from time to time, from and after the 
annual meeting held following the acceptance of this act, 
shall also be a board of public works, and in said capacity 
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: — 
water commission, municipal light commission, park com- 
mittee, tree warden, road commissioner, moth superintendent 
and cemetery commission, and such boards, departments and 
offices shall thereupon be abolished during such time as this 
act is in effect as to them, respectively. No contracts or 
Habilities in force on the date when this act becomes fully 
effective shall be affected by such abohtion, but the board 
shall in all respects be the lawful successor of the boards and 
offices so abolished. 

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 
water commission, municipal light commission, park com- 
mittee, tree warden, road commissioner, moth superintendent 
and cemetery commission. He shall be responsible 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 experi- 
ence to perform the duties of said office. He may or may not 
be a resident of the town when appointed. During his tenure 



66 Acts, 1950. — Chap. 99. 

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 performance of the duties of the vari- 
ous departments under his supervision may require. He 
shall keep full and complete records of the doings of his office, 
and render to the selectmen as often as they may require, a 
full report of all operations under his control during the 
period reported upon; and annually, or from lime 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 carefully prepared and de- 
tailed estimate in writing of the appropriations required dur- 
ing the ensuing fiscal year for the proper conduct of all de- 
partments of the town under his supervision. 

Section 3. The town may rescind all or any part of the 
action taken by it in pursuance of this act if the to^vn so votes 
by a majority vote of the legal voters present and voting 
thereon by ballot in their respective precincts at any town 
meeting held after three years following the annual town 
election at which this act becomes fully effective and at least 
thirty days before the annual town election next to be held 
after such meeting, and thereupon said to^vn shall, at said 
next annual town meeting, nominate and elect such officers 
as are necessary to exercise and perform such of the powers, 
rights and duties transferred to the board under section two 
as are affected by such later vote. 

Section 4. This act shall be submitted for acceptance to 
the legal voters of said town, present and voting thereon by 
ballot in their respective precincts at the annual town elec- 
tion in the year nineteen hundred and fifty, 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 election: — 
"Shall an act passed by the general court in the year nine- 
teen hundred and fifty, entitled 'An Act authorizing the 
Board of Selectmen of the Town of Groveland to act as a 
Board of Public Works', be accepted?" If a majority of 
the votes cast in answer to such question is in the affirma- 
tive, this act shall become fully effective beginning with, and 
for the purpose of, the annual town election in the year nine- 
teen hundred and fifty-one; but not otherwise. 

Section 5. For the purpose of acceptance by said town, 
this act shall take effect upon its passage. 

Approved February 20, 1950. 



Acts, 1950. — Chaps. 100, 101, 102. 67 

An Act to validate the calling of district meetings QJiqj) ^QQ 
and the plioceedings of the charlemont water dis- 

TRICT. 

Be it enacted, etc., as follows: 

Section 1. The district meetings of the Charlemont 
Water District held on November fifth and nineteenlh, 
nineteen hundred and forty-seven, and September first, nine- 
teen hundred and forty-nine, are hereby ratified and vaHdated 
and made legal, notwithstanding the failure of the district 
to comply with the provisions of chapter two himdred and 
thirty-one of the acts of nineteen hundred and thirty-one 
pertaining to the manner of electing officers for the district 
as done at the November fifth and nineteenth, nineteen hun- 
dred and forty-seven meetings and also with respect to the 
manner of electing officers at the September first, nineteen 
hundred and forty-nine meeting. 

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

Approved Fehriianj 20, 1950. 



Chap. 101 



An Act increasing the amount of money cities and 
towns may appropriate for stocking inland waters 
therein with fish and for liberating game therein. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose which is that the provisions of this act preamble, 
should take effect forthwith, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Clause (41) of section 5 of chapter 40 of the General Laws, g. l. (Ter. 
as most recently amended by section 4 of chapter 599 of the ^t^ ■''am^ided 
acts of 1941, is hereby further amended by striking out, in 
line 6, the words "five hundred " and inserting in place thereof 
the words: — one thousand, — so that the first sentence will 
read as follows : — For the purpose of stocking ponds and stocking 
other inland waters, located within the town hmits, with fish flsTh^toT'^*' 
and of liberating game, as defined in section one of chapter ^^^'^^ f'^'"- 
one hundred and thirty-one, within said limits and to meet 
necessary expenses incidental thereto, including the feeding 
of game so liberated, a sum not to exceed one thousand 
dollars. Approved February 20, 1950. 

An Act authorizing the Swansea water district to pay Qhn^ 1 02 

THE MEMBERS OF THE BOARD OF WATER COMMISSIONERS 
AND ITS .TREASURER FOR SERVICES RENDERED DURING THE 
YEAR NINETEEN HUNDRED AND FORTY-NINE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the Swansea Water District is hereby authorized to 



68 Acts, 1950. — Chaps. 103, 104. 

appropriate money from available construction funds, not 
to exceed forty-five hundred tlollars, and to pay the members 
of the board of water commissioners and the treasurer of 
said district for services rendered by them in the construction 
of the water S3'stem in said district during the year nineteen 
hundred and forty-nine, no provision having been made for 
the same. 

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

Approved February 20, 1960. 

Chap.lOS An Act authorizing the town of watertown to use a 

CERTAIN PORTION OF PARKER PLAYGROUND IN SAID TOWN 
FOR HIGHWAY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Waterto^vn is hereby authorized 
to use for highway purposes a portion of Parker playground, 
so called, in said town bounded and described as follows: — 
Easterly, by land now or formerly of Coombs Motor Co. and 
the westerl}'' end of Aldrich road, as shown on a plan entitled 
"Plan and Profile of Extension of Aldrich Road, WatertowTi, 
Mass." by W. A. Mason & Son Co., Civil Engineers, Cam- 
bridge, Mass., dated September, 1945, about two hundred 
and twenty-three feet; westerly, by land of the town of 
Watertown, kno^vn as the Parker playground, about two 
hundred and twenty-four feet; and northerly, by Watertown 
street, about sixty-one and seven-tenths feet. 

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

Approved February 20, 1950. 

Chap. 104: An Act validating the acts and proceedings at ad- 
journed sessions of the annual town meeting of 
the town of lexington held in the year nineteen 

hundred and FORTY-NINE. 

Be it enacted, etc., as folloios: 

Section 1. The acts and proceedings of the towTi of 
Lexington at the adjourned sessions of the annual town meet- 
ing held in the year nineteen hundred and forty-nine, which 
adjourned sessions were held on March twenty-eighth, nine- 
teen hundred and forty-nine and April fourth, nineteen hun- 
dred and forty-nine, and all acts done in pursuance thereof, 
are hereby confirmed and made valid, notwithstanding the 
failure to give notice of the adjournments as required by the 
by-laws of said town, to the same extent as if the said ad- 
journed sessions had been called, held, conducted and ad- 
journed in strict compliance with law. • 

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

Approved February 20, 1950. 



Acts, 1950. — Chaps. 105, 106, 107. 69 



An Act relating to the disbursement of funds by Qfmr) J 05 

HOUSING authorities. 

Be it enacted, etc., as folio ws: 

Section 1. Section 8 of chapter 372 of the acts of 1946, 
as most recently amended by section 3 of chapter 479 of the 
acts of 1947, is hereb}- further amended b}^ striking out the 
first sentence and inserting in place thereof the following sen- 
tence : — In carrying out the provisions of this act, any city 
or town in which a housing authority has been organized 
under chapter one hundred and twenty-one of the General 
Laws shall use such housing authority as its agent, and all 
moneys appropriated under this act or received by such city 
or to^vn for the purposes of this act from any source shall, 
except as provided in section eight B of this act, be paid to 
the treasurer of the authority or such other officer of the 
authority as may be authorized by it, and shall be disbursed 
by such treasurer or other officer subject to section twenty- 
six U of said chapter one hundred and twenty-one. 

Section 2. Section 26Q of chapter 121 of the General ^'^j^; { J,";- 
Laws, as most recently amended by section 1 of chapter 574 § 26Q, etc., 
of the acts of 1946, is hereby further amended by striking ""'^"'^'''^• 
out the last sentence and inserting in place thereof the fol- 
lowing sentence : — All moneys appropriated under this sec- ah moneys to 
tion in aid of a housing authority or received by it from any I'r'efsurer'of 
source shall be paid to the treasurer of the authority or such authority. 
other officer of the authority as may be authorized by it, and 
shall be disbursed by such treasurer or other officer, subject 
to section twenty-six U. Approved February 20, 1950. 



C/zap.l06 



An Act authorizing the town of plainville to sell a 

portion of plainville park to the JOHN EDWARD 
McNEIL POST AMERICAN LEGION BUILDING ASSOCIATION. 

Be it enacted, etc., as follows: 

The town of Plainville is hereby authorized to sell a portion 
of Plainville park, so called, for a sum not less than one hun- 
dred dollars to the John Edward McNeil Post American 
Legion Building Association as the site for a building to be 
constructed by said association. 

Approved February 20, 1950. 

An Act further regulating the trapping of certain 

ANIMALS. 

Be it enacted, etc., as follows: 

Section 68 of chapter 131 of the General Laws, as most g,;. I" JTf '"§ eg 
recently amended by section 1 of chapter 758 of the acts of etci.'ameAded.' 
1949, is hereby further amended by striking out clause (6) 
and inserting in place thereof the following: — 

(b) To trap between March second and six o'clock ante Trapping of 
meridian on the following November fifteenth, both dates regulLled!'"^'^' 
inclusive. Approved February 20, 1950. 



Chap. 107 



70 



Acts, 1950. — Chaps. 108, 109, 110. 



G. L. (Ter. 
Ed.), 215, § 62, 
amended. 



Bristol count J'. 



Chap. lOS An Act further regulating the holding of the sessions 

OF THE probate COURT FOR THE COUNTY OF BRISTOL. 

Be it enacted, etc., as follows: 

Section 1. Section 62 of chapter 215 of the General Laws 
is hereby amended by striking out the paragraph contained 
in Hnes 11 to 16, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following paragraph: — 

Bristol, at Fall River, the first Wednesday of each month 
except August; at New Bedford, the second Wednesday of 
each month except July, and except also that in August it 
shall be held on the first Wednesday; at Taunton, the third 
Wednesday of each month except August; at Attleboro, the 
fourth Wednesdays of January, March, May, June, Sep- 
tember and November. 

Section 2. This act shall take effect on January first, 
nineteen hundred and fifty-one. 

Approved February 20, 1950. 



Chap. 109 An Act to prohibit the picketing of courts and certain 

OTHER places. 



G. L. (Ter. 
Ed.), 268, 
new § 13A, 
added. 

Picketing of 
courts and 
certain other 
places for- 
bidden. 



Be it enacted, etc., as follows: 

Chapter 268 of the General Laws is hereby amended by 
inserting after section 13 the following section : — Sec- 
tion ISA. Whoever, with the intent of interfering with, 
obstructing, or impeding the administration of justice, or 
with the intent of influencing any judge, juror, witness, or 
court officer, in the discharge of his duty, pickets or parades 
in or near a building housing a court of the commonwealth, 
or in or near a building or residence occupied or used by such 
judge, juror, witness, or court officer, shall be punished by a 
fine of not more than five thjousand dollars or by imprison- 
ment for not more than one year, or both. 

Nothing in this section shall interfere with or prevent the 
exercise by any court of the commonwealth of its power to 
punish for contempt. Approved February 20, 1950. 



Chap.llO An Act regulating the sale and marking of thread. 
Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 94, § 285, 
amended. 



Sewing thread 
to be marked. 



Section 1. Chapter 94 of the General Laws is hereby 
amended by striking out section 285, as appearing in the 
Tercentenary Edition, and inserting in place thereof the fol- 
lowing : — Section 285. It shall be unla\\i'ul to keep for the 
purpose of sale, offer or expose for sale, or sell any sewing, 
basting, mending, darning, crochet, tatting, hand-knitting 
or embroidery thread, put up or packaged in advance of 
sale in or on any form of unit, for either wholesale or retail 
sale, unless such imit be definitely, plainly, and conspicuously 
marked to show its net measure in terms of yards or its net 
weight in terms of avoirdupois pounds or ounces. 



Acts, 1950. — Chap. 111. 71 

Any unit of such thread, the net weight of which is less than 
two ounces avoirdupois, shall be marked to show its net 
measure in terms of yards as unwound from the ball or from 
the spool or other holder. Ready-wound bobbins which are 
not sold separately shall not be required to be individually 
marked, but the package containing such bobbins shall be 
marked to show the number of bobbins contained therein and 
the net weight or measure of the thread on each bobbin. 
Any retail unit of thread, sold only for household use, con- 
sisting of a package containing two or more similar individual . 
units, which are not sold separately, shall be marked to show 
the number of individual units in the package and the net 
weight or measure of the thread in each individual unit, but 
this proviso shall not apply where the individual units are 
separately marked. 

Section 2. Said chapter 94 is hereby further amended by g. l. (Xer. 
striking out section 286, as so appearing, and inserting in ^^encfeti ^ ^^''' 
place thereof the following: — Section 286. The marking as Marking to 
required in section two hundred and eighty-five shall in all etc"*''^ maker. 
cases be in combination with the name and place of business 
of the manufacturer or distributor of the thread, or a trade 
mark, sj^mbol, brand or other mark which positively iden- 
tifies such manufacturer or distributor, and which shall be 
filed with the director of standards and necessaries of life. 

Section 3. Said chapter 94 is hereby further amended by o. l fTer. 
striking out section 287, as so appearing, and inserting in amended. ^ ^^^' 
place thereof the following: — Section 287. An average of Measure and 
not less than ten units of thread of the same type and put-up, Tated!' '^*'^" 
selected at random from such units referred to in section two 
hundred and eighty-five, kept for the purpose of sale, offered 
or exposed for sale, or sold, shall not weigh or measure more 
than three per centum less than the net weight or number of 
yards marked on such units or on the package containing 
such units. 

Section 4. Said chapter 94 is hereby further amended by o. l. rxer. 
striking out section 288, as so appearing, and inserting in ameAdeli.^ ^^^' 
place thereof the following: — Section 288. A manufacturer. Penalty. 
merchant, jobber, or trader who keeps for the purpose of 
sale, offers or exposes for sale, or sells any such units of 
thread which either are not marked or do not weigh or 
measure as provided in sections two hundred and eighty-five 
to two hundred and eighty-seven, inclusive, shall be pun- 
ished by a fine of not more than fifty dollars. 

Approved February 20, 1950. 



An Act imposing a penalty on persons who influence (Jhnj^ ill 
OR attempt to influence any person connected with ^' 

horse or dog racing to affect the result of a race. 

Be it enacted, etc., as follows: 

Chapter 128 A of the General Laws is hereby amended by g l. (Ter. 
inserting after section 1.3B the following section: — Section ^e*^w'§\^3^c.' 
13C. No person shall influence, induce or conspire or con- added. 

Penalty for 
influenomg 



72 



Acts, 1950. — Chaps. 112, 113. 



persons to 
affect the 

result of horse 
or dog race. 



nive with, or attempt so to do, any owner, trainer, jockey, 
agent, driver, groom or other person associated with or in- 
terested in or having charge of or access to any horse or dog 
entered or to be entered in a race for the purpose of fraudu- 
lently affecting the ultimate result of such race. Whoever 
violates this section shall be punished by a fine of not less 
than one hundred nor more than three thousand dollars or 
by imprisonment for not more than one year, or both. 

Approved February 20, 1950. 



Chap.112 ^^ ^^"T FURTHER REGULATING THE LICENSING OF OPERATORS 

OF MOTION PICTURE APPARATUS. 



G. L. (Ter. 
Ed.). 143, § 75 
etc., amended. 



Examination, 
qualifications 
for license, etc. 



Be it enacted, etc., as follows: 

Section 75 of chapter 143 of the General Laws, as amended 
by section 2 of chapter 553 of the acts of 1941, is hereby fur- 
ther amended by striking out, in line 13, the word "Five" 
and inserting in place thereof the word : — Twenty, — and 
by striking out, in line 17, the word "two" and inserting in 
place thereof the word: — ten, — so as to read as follows: — 
Section 75. No person shall operate such apparatus in any 
public building until he has received a license so lo do from 
an inspector. No such license shall be granted until the ap- 
plicant has passed an examination proving him to be thor- 
oughly skilled in the working of the mechanical and electrical 
apparatus or devices used therein or connected therewith, 
nor unless he is the holder of a permit issued to him under 
section seventy-six and has been employed, for at least three 
months immediately prior to the granting of such license, as 
an assistant under the supervision of a licensed operator in a 
booth or enclosure in or upon a public building, and no per- 
son under twenty-one shall be eligible for such examination. 
Twenty dollars shall accompany the application for a license. 
The license shall be for the term of one year from the date 
thereof, but may be renewed yearly, without examination, 
by an inspector upon the payment of a fee of ten dollars. 

Approved February 20, 1950. 



C/iap. 113 An Act to further regulate the filing of notice of in- 
tention OF marriage and the issuance of certificates 
of such filing. 

Be it enacted, etc., as follows: 

Chapter 207 of the General Laws is hereby amended by 
striking out section 28A, inserted by section 1 of chapter 561 
of the acts of 1943, and inserting in place thereof the follow- 
ing section: — Section 28 A. Except as hereinafter provided, 
a certificate shall not be issued by the clerk or registrar under 
section twenty-eight until he has received from each party 
to the intended marriage a medical certificate signed by a 
qualified physician registered and practicing in the common- 
wealth, a physician registered or licensed to practice in any 



G. L. (Ter. 
Ed.), 207, 
§ 28A, etc., 
amended. 

Notice of 
intention 
of marriage, 
phy.sirian's 
certificate. 



Acts, 1950. — Chap. 113. 73 

other state or territory of the United States, or the District 
of Colunihia, or a comniissioneci medical ofHcer on active 
service in the armed forces or the pubhc health service of the 
United States, or a qualified physician registered and prac- 
ticing in Canada, who has examined such party as herein- 
after provided. Such examination shall be made only to 
ascertain the presence or absence of evidence of syphilis, and 
shall include a recognized serological test for syphilis. Said 
test shall be made by a laboratorj'' of the department of 
public health, or by a laboratory meeting standards approved 
by said department or, if not located within the common- 
wealth, acceptable to said department. The examination 
b}'' such phj'sician and the laboratory test shall be made not 
more than thirty days before a certificate is issued under 
section twenty-eight. 

If such physician, in making such examination, discovers 
evidence of syphilis, he shall inform both parties to the in- 
tended marriage of the nature of such disease and of the 
possibilities of transmitting such infection to his or her mari- 
tal partner or to their children. The physician shall also 
certify on forms provided by said department that the appli- 
cant therein named has been given an examination, including 
a serological test for syphilis, on a day specified in the state- 
ment, and that, in the opinion of the physician, the person 
therein named is not infected with syphilis, or, if so infected, 
is not in a stage which is communicable, but if such infection 
is communicable, no such certificate shall be issued. 

Blank forms of medical certificates required under this 
section shall be furnished to city and town clerks and others 
by said department of public health, and all entries shall be 
made on said forms, except as hereinafter provided. 

Medical certificates issued by the department of health of 
any other state or territory in the United States, the Dis- 
trict of Columbia, and Canada shall be deemed acceptable, 
provided they are signed by a quahfied physician licensed 
and practicing in the areas mentioned, and certifying that, 
on the basis of a physical examination and a serological test 
performed at a laboratory acceptable to the department of 
public health of this commonwealth, the person therein 
named does not have syphilis, or, if so infected, is not in a 
stage which is communicable. The name of the laboratory 
performing the test shall appear upon the medical certificate. 

The clerk or registrar receiving such medical certificates 
in the case of an intended marriage shall endorse on the cer- 
tificate to be issued by him under section twenty-eight in 
relation to the marriage a statement that such medical cer- 
tificates have been received. 

In emergency cases where the death of either party to the 
intended marriage is imminent, or where the female is near 
the termination of her pregnancy, upon the authoritative 
request of a minister, clergyman, priest, rabbi or attending 
physician, the clerk or registrar may issue a certificate under 
section twenty-eight without having received the medical 



74 Acts, 1950. — Chaps. 114, 115. 

certificate, or having endorsed on his certificate a statement 
of such receipt, as provided by this section. 

Whoever, being subject to the Jaws of the commonwealth, 
fails to comply with any provision of this section shall be 
punished by a fine of not less than ten nor more than one 
hundred dollars. Approved February 20, 1950. 

Chav.ll4i An Act providing that the maximum age limit for con- 
testants IN BOXING MATCHES SHALL NOT APPLY TO CER- 
TAIN BOXING CHAMPIONS OF THE WORLD. 

Be it enacted, etc., as follows: 

Ed\', i47r§ 39. Chapter 147 of the General Laws is hereby amended by 
etc., 'amended, striking out scctioii 39, as most recently amended by chap- 
ter 371 of the acts of 1949, and inserting in place thereof the 
^e Umit"for following scction : — Section 39. No contestant who is under 
contestants in eighteen or who has reached his thirty-fifth birthday shall be 
mTt °hes. etc. permitted to engage in any boxing or sparring match or ex- 
hibition, except that said age requirement shall not apply to 
a boxing champion of the world who is still active as a pro- 
fessional boxer, or to a former boxing champion of the world 
who has not been inactive as a professional boxer for a period 
of more than two years from the date of his last boxing con- 
test, and except that an amateur boxer shall be allowed to 
compete as such at the age of seventeen. The foregoing 
shall not apply to courses of instruction 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 super- 
vision of qualified instructors and directors. No person un- 
der sixteen shall be admitted to or be present at any profes- 
sional boxing or sparring match or exhibition unless accom- 
panied by an adult. Approved February 20, 1950. 

Chap. 115 An Act increasing the amount which may be expended 

FOR additional FACILITIES AT THE NORFOLK COUNTY HOS- 
PITAL IN BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1 of chapter 121 of the acts of 1945 is hereby 
amended by striking out, in line 6, the words "three hundred 
and ninety" and inserting in place thereof the words: — 
seven hundred and fifty, — and by adding at the end the 
following sentence : — The aforesaid sum shall include any 
money derived from federal grants, — so as to read as fol- 
lows : — Section 1 . To provide additional facilities at the 
Norfolk County Hospital at Braintree, the county commis- 
sioners of Norfolk county are hereb}'' authorized to construct 
additions, make alterations to any of the existing buildings 
of said hospital, furnish and equip the same, and may expend 
therefor a sum not exceeding seven hundred and fifty thou- 
sand dollars. The aforesaid sum shall include any money 
derived from federal grants. 

Approved February SO, 1960. 



Acts, 1950. — Chaps. 116, 117. 75 



An Act relative to evasion of payment of fare by Qhnr) 116 

PERSONS USING MOTOR BUSES AND TRACKLESS TROLLEY 
VEHICLES. 

Be it enacted, etc., as follows: 

Chapter 159 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 101, as appearing in the Tercentenary fmeAdfd! * '°^' 
Edition, and inserting in place thereof the following: — 
Section 101. Whoever fraudulently evades or attempts to Evasion of 
evade the payment of a toll or fare lawfully established by a ra^re!"^"*^ °^ 
railroad corporation or railway company or by the Metro- 
pohtan Transit Authority, either by giving a false answer 
to the collector of the toll or fare, or by traveling beyond 
the point to which he has paid the same, or by leaving the 
train, car, motor bus or trackless trolley vehicle without 
having paid the toll or fare established for the distance 
traveled, or otherwise, shall forfeit not less than five nor 
more than twenty dollars. Whoever does not upon demand 
first pay such toll or fare shall not be entitled to be trans- 
ported for any distance, and may be ejected from a railway 
car, motor bus or trackless trolley vehicle; but no person 
shall be removed from a car of a railroad corporation except 
as provided in section ninety-three, nor from a train except 
at a regular passenger station. 

Approved February 20, 1950. 

An Act relative to throwing or shooting missiles at phnr) 117 

MOTOR buses and TRACKLESS TROLLEY VEHICLES, AND ^' 

making CERTAIN CHANGES IN THE LAW CREATING THE 
METROPOLITAN TRANSIT AUTHORITY. 

Be it enacted, etc., as follows: 

Section 1. Section 10-4 of chapter 159 of the General gj^i'^'""^ 
Laws, as appearing in the Tercentenary Edition, is hereby amended! 
amended by striking out the first sentence and inserting in 
place thereof the following sentence : — Whoever wilfully Throwing 
throws or shoots a missile at a locomotive engine, or railroad '"^^^^'ea, etc. 
or railway car or train, or at a motor bus or trackless trolley 
vehicle or at a person on such engine, car, train, motor bus 
or trackless trolley vehicle, or in any way assaults or inter- 
feres with a conductor, engineer, brakeman, motorman or 
operator while in the performance of his duty on or near 
such engine, car, train, motor bus or trackless trolley vehicle, 
shall be punished by a fine of not more than one hundred 
dollars or by imprisonment for not more than one year, or 
both. 

Section 2. Section 26 of chapter 544 of the acts of 1947 
is hereby amended by striking out, in line 2 and in line 6, in 
each instance, the word "of", — and by inserting after the 
word "as", in hne 9, the words: — now or hereafter, — so 
as to read as follows : — Section 26. Section twenty-six of 
chapter forty of the General Laws and sections fifteen, 



76 



Acts, 1950. — Chaps. 118, 119. 



twenty-eight, fifty-nine to sixty-four both inchisive, eighty- 
three to eighty-five both inchisive, and eighty-nine to one 
hundred and four both inchisive, of chapter one hundred 
and fifty-nine of the General Laws, and sections eighty-nine, 
ninety-four, ninety-five, ninetj'-eight, one hundred and three 
and one hundred and thirteen of chapter one hundred and 
sixty-one of the General Laws, all as now or hereafter 
amended, shall apply to the authority, its property and em- 
ployees in the same manner as though it were a street rail- 
way company. Chapter three hundred and three of the acts 
of nineteen hundred and forty-seven shall apply to the 
transit department of the city of Boston and the authority 
in the same manner and to the same extent as though the 
authority were named therein instead of the Boston Elevated 
Railway Company. Approved February 20, 1950. 



G. L. (Ter. 
Ed.), 161, § 94, 
amended. 



Obstruction 
of tracks. 



C/iap. 118 An Act relative to the w^ilful obstruction of the use 

OF PUBLIC WAYS BY TRACKLESS TROLLEY VEHICLES. 

Be it enacted, etc., as follows: 

Chapter 161 of the General Laws is hereby amended by 
striking out section 94, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following: — 
Section 94. Whoever ^vilfully obstructs a company or the 
Metropolitan Transit Authority in the legal use of a railway 
track, or delays the passing of its cars thereon, or wilfully 
obstructs a company or the Metropolitan Transit Authority 
in the legal use of a public way by a trackless trolley vehicle, 
or delays the passing of its trackless trolley vehicles thereon, 
or aids or abets in such obstruction or delay, shall be pun- 
ished by a fine of not more than five hundred dollars or by 
imprisonment for not more than three months. Whoever 
commits any of said acts in such manner as to endanger the 
life or safety of persons conveyed in or upon said cars, or 
trackless trolley vehicles, or aids or abets therein, shall be 
punished by a fine of not more than one thousand dollars or 
by imprisonment in the state prison for not more than ten 
3'^ears. Approved February 20, 1950. 



C/iap. 119 An Act relative to the entry fees in the supreme 

JUDICIAL, superior AND DISTRICT COURTS AND TO THE FEE 
FOR FILING PETITIONS TO COUNTY COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 262 of the General Laws, 
as amended by section 1 of chapter 345 of the acts of 1939, is 
hereby further amended by striking out the first sentence of 
the third paragraph and inserting in place thereof the fol- 
lowing: — For the entry of an action, petition or complaint, 
including filing of papers and entering up and recording 
judgment, two dollars. For the entry of supplementary 
proceedings under chapter two hundred and twenty-four, 
one dollar. 



G. L. (Ter. 
Ed.), 262, S 2, 
etc., amended. 



Feea. 



Acts, 1950. — Chaps. 120, 121. 77 

Section 2. Section 4 of said chapter 2G2 is hereby g. l. (Tor. 
amoinled by striking out the sixth paragraph, as appearing amende^a ' ^ ■*' 
in the Tercentenary Jiidition, and inserting in place thereof 
the following paragraph : — 

For entr)'" of an action or suit, or of a petition in the su- Fees. 
preme judicial or superior court or for filing a petition to the 
county commissioners, five dollars, and for entry in the su- 
perior court of a libel for divorce or for affirming or annulling 
marriage, five dollars, each of which fees shall be paid by the 
party entering the same, and no other fee shall be charged 
for taxing costs, for issuing an}' subpoena, injunction or exe- 
cution or for issuing any order of notice or other mesne, 
interlocutory or final order, rule, decree or process author- 
ized by law. Approved February 20, 1950. 

An Act providing that uniformed members of the divi- nhd-n 1 0Q 

SION OF state police SHALL BE AUTHORIZED TO ORGANIZE 
FOR THE PURPOSE OF PROCURING BETTER WORKING CON- 
DITIONS. 

Be it enacted, etc., as follows: 

The uniformed members of the division of state police in 
the department of public safety are hereby authorized to 
organize or incorporate under the provisions of the General 
Laws for the purpose of bettering their working conditions; 
provided, however, that any such organization or member- 
ship therein shall not authorize any member or members to 
strike. The provisions of section sixteen of chapter one hun- 
dred and eighty of the General Laws shall apply to any such 
organization. Approved February 20, 1950. 

An Act relative to the calling of fire district meet- fh^r) 191 

INGS. ^' 

Be it enacted, etc, as follows: 

Chapter 48 of the General Laws is hereby amended by g, l. (Ter. 
striking out section 66, as appearing in the Tercentenary fmeAded.^ ^^' 
Edition, and inserting in place thereof the following: — 
Section 66. Every district meeting, except as otherwise pro- Meetings of 
vided by special law, shall be called in pursuance of a warrant how'^caUed ' 
under the hands of the prudential committee, notice of which and conducted. 
shall be given seven days at least before such meeting. The 
warrant shall be directed to a constable of the town, or to 
some other person, who shall forthwith give notice of such 
meeting in the manner prescribed by the by-laws, or, if there 
are no by-laws, by a vote of the district, or by posting in two 
or more public places or advertising in a newspaper published 
in the to\vn in which the district is located, if anj^, otherwise 
in a newspaper published in the county. The warrant for all 
district meetings shall state the time and place of holding 
the meeting and the subjects to be acted upon thereat. The 
prudential committee shall insert in the warrant for the an- 



78 Acts, 1950. — Chap. 122. 

nual meeting all subjects the insertion of which shall be 
requested of them in writing by ten or more registered voters 
of the touTi residing in the territory comprising the district 
and in the warrant for every special district meeting all sub- 
jects the insertion of which shall be requested of them in 
writing by fifty registered voters or by ten per cent of the 
total number of the registered voters of the town residing 
within the territory comprising the district. The prudential 
committee shall call a special district meeting upon request 
in writing of one hundred registered voters or of twenty per 
cent of the total number of registered voters of the town 
residing within the territory comprising the district, such 
meeting to be held not later than thirty days after the re- 
ceipt of such request, and shall insert in the warrant therefor 
all subjects the insertion of which shall be requested by said 
petition. No action shall be valid unless the subject matter 
thereof is contained in the warrant. Two or more distinct 
district meetings for distinct purposes may be called by the 
same warrant. 

At every meeting a moderator shall be chosen bj' ballot, 
unless the district has voted to elect a moderator for a term 
as provided by section fourteen of chapter thirty-nine. The 
moderator shall have the powers of the moderator of the 
town meeting. Approved February 20, 1950. 

Chap.122 A.N Act authorizing the town of amesbury to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to an existing high school building and originally equipping 
and furnishing said addition, the town of Amesbury may 
borrow, from time to time, within a period of five j'-ears from 
the passage of this act, such sums as may be necessary, not 
exceeding in the aggregate three hundred thousand dollars, 
and may issue bonds or notes of the town therefor, which 
shall bear on their face the words, Amesbury School Build- 
ing Loan, Act of 1950. 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 incurred 
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, 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 23, 1950. 



Acts, 1950. — Chap. 123. 79 

An Act providing for additional accommodations for Qfidj) 123 

THE RECISTRY OF DEEDS AND REGISTRY OF PROBATE IN 
CAMBRIDGE. 

Be it enacted, etc., as follows: 

Chapter 70 of the acts of 1946 is hereby amended by strik- 
ing out sections 1 to 4, inclusive, and inserting in place 
thereof the four following sections: — Section 1. For the 
purpose of providing adequate accommodations for the 
registry of deeds and registry of probate at the registry of 
deeds and probate building at Cambridge in the county of 
Middlesex, the county commissioners of said county may 
make additions to and remodel or alter the said building, and 
furnish and equip said additions and alterations, and do all 
things incidental thereto. 

Section 2. The county commissioners are hereby author- 
ized to sell bonds issued by the federal government which 
were purchased by the county under authority of chapter 
five of the acts of nineteen hundred and forty-three and ear- 
marked for purposes authorized by said act, to the amount of 
one hundred and fifteen thousand dollars plus any accumu- 
lated interest, and apply the proceeds thereof to such extent 
as they deem advisable to the purposes of this act. 

Section S. For the purposes of this act, the county treas- 
urer of said county, w^ith the approval of the county com- 
missioners, may borrow from time to time, on the credit of 
the county, such sums as may be necessary, not exceeding, 
in the aggregate, sixty thousand dollars, and may issue tem- 
porary notes of the county therefor, payable in not more 
than two years from their date or dates of issue. Thereafter 
the county treasurer of said county, with the approval of the 
county commissioners, maj' borrow from time to time on the 
credit of the county such sums as may be necessary to cover 
the complete cost of the project, not exceeding, in the aggre- 
gate, sixty thousand dollars, and may issue bonds or notes of 
the county therefor, which shall bear on their face the words, 
Middlesex County Registry Building Improvement Loan, 
Act of 1950. Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be payable in not more than 
three years from their dates. Such bonds or notes shall be 
signed by the treasurer of the county and countersigned by 
a majority at least of the county commissioners. The county 
may sell the said temporary notes, bonds and notes at pubUc 
or private sale upon such terms and conditions as the county 
commissioners may deem proper, but not for less than their 
par value. Securities authorized hereby shall be excepted 
from the requirement of chapter thirty-five of the General 
Laws as to advertising for bids. Indebtedness incurred un- 
der this act shall, except as herein provided, be subject to 
said chapter thirty-five. 

Section 4- This act shall take full effect upon its accept- 
ance during the current year by the county commissioners 
of the county of Middlesex. Approved February 23, 1950. 



80 Acts, 1950. — Chaps. 124, 125. 

Chap. 124: A-N Act authorizing the county commissioners of the 

COUNTY OF MIDDLESEX TO HAVE PLANS AND SPECIFICATIONS 
PREPARED FOR, AND TO INVESTIGATE SUITABLE SITES FOR, 
THE PROPOSED COURT HOUSE IN THE CITY OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate court 
house accommodations and facilities for the district court of 
Somerville, by the erection of a court house in the city of 
Somerville, the county commissioners of the county of Mid- 
dlesex are hereby authorized and directed to cause plans and 
specifications to be prepared for said court house, and to in- 
vestigate 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 such sums, not exceeding 
fifteen thousand dollars, as may be included in the county 
appropriation act of the current year. 

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

Approved February 25, 1950. 

Chap.125 An Act authorizing the town of brookline to sell 

certain park land. 

Be it enacted, etc., as follows: 

Section 1. The town of Brookline may sell at public 
auction or public sale, and convey, the whole or any part of 
a certain parcel of real estate situated in said town 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 Engi- 
neer, December 5, 1949". 

Said parcel is bounded and described as follows: — Be- 
ginning at a stone bound on the northerly sideline of York 
terrace marking the division line between land of the town 
of Brookline and land now or formerly of Joseph Linsey, 
thence running northerly by land now or formerly of Joseph 
Linsey for a distance of ninety-nine and fifty one hundredths 
feet to a stone bound, thence running easterly by land now or 
formerly of Antonio Pugliano and land now or formerly of 
Jeanne E. Moses for a distance of one hundred and twenty- 
nine and eighty-five one hundredths feet to a stone bound; 
thence running southerly by land of the town of Brookline 
for a distance of one hundred and eight and eighty-seven 
one hundredths feet to a point on the northerly sideline of 
York terrace; thence running westerly on said sideline of 
York terrace for a distance of twenty and sixty-three one 
hundredths feet to a stone bound; thence continuing west- 
erly on the said sideline of York terrace by a curve to the left 
having a radius of five hundred and forty-seven and seven 
one hundredths feet for a distance of one hundred and nine 
and ninety-two one hundredths feet to the point of begin- 
ning. Containing 13,394 square feet. 



Acts, 1950. — Chaps. 126, 127. 81 

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

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

Approved February 25, 1950. 

An Act to authorize the town of Wilmington to borrow fhn^ 1 26 

MONEY FOR CONSTRUCTING AN ATHLETIC FIELD. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an athletic 
field on land now owned by the town, the town of Wilming- 
ton may borrow, from time to time, within a period of five 
years from the passage of this act, such sums as may be neces- 
sary, not exceeding in the aggregate seventy-five thousand 
dollars, and may issue bonds or notes of the town therefor 
which shall bear on their face the words, Wilmington Ath- 
letic Field Loan, Act of 1950. Each authorized issue shall 
constitute a separate loan and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory limit 
and shall, except as herein provided, be subject to chapter 
forty-four of the General Laws, inclusive of the limitation 
contained in the first paragraph of section seven thereof. 

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

Approved February 25, 1950. 

An Act authorizing the town of ashland to borrow QJiav 127 

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 Ashland may bor- 
row from time to time, within a period of five years from the 
passage of this act, such sums as may be necessary, not ex- 
ceeding, in the aggregate, six hundred and fifty thousand 
dollars, and may issue bonds or notes of the town therefor, 
which shall bear on their face the words, Ashland School 
Building Loan, Act of 1950. 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 chap- 
ter 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 25, 1950. 



82 Acts, 1950. — Chaps. 128, 129. 



Chap. 128 A-N Act authorizing the city of taunton to appropriate 

MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN UNPAID 
BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton is hereby authorized to 
appropriate money for the pa\Tncnt of, and after such appro- 
priation the treasurer of said city is hereby authorized to 
pay, such of the unpaid bills incurred by said city, and total- 
ling eleven hundred and forty-one dollars and seventy-two 
cents, as set forth in the list on file in the office of the director 
of accounts in the department of corporations and taxation, 
as are legally unenforceable against said city, either by rea- 
son of their being incurred in excess of available appropria- 
tions or by reason of the failure of said city to comply with 
the provisions of its charter, and are certified for payment 
by the heads of departments wherein the bills were con- 
tracted; provided, that the money so appropriated to pay 
such bills shall be raised by taxation in said city. 

Section 2. No bill shall be approved by the city auditor 
of said city for payment, or paid by the treasurer thereof un- 
der authority of this act unless and until certificates have 
been signed and filed with said city auditor, stating under the 
penalties of perjury that the goods, materials or services for 
which bills have been submitted were ordered by an official 
or an employee of said city, and that such goods and materi- 
als 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. 

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

Approved February 25, 1950. 

Chap. 129 An Act reviving blackstone valley athletic associ- 
ation. 

Emergency Wheveas, The deferred operation of this act would delay 

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

Be it enacted, etc., as follows: 

Blackstone Valley Athletic Association, a corporation dis- 
solved by a decree of the supreme judicial court on Decem- 
ber twenty-second, nineteen hundred and forty-three, is 
hereby revived with the same powers, duties and obligations 
as if said decree had not been entered. 

Approved February 25, 1950. 



Acts, 1950. — Chaps. 130, 131, 132. 83 



An Act providing for additional recreational areas in Chap. ISO 

THE TOWN OF HINGHAM. 

Be it enacted, etc., as follows: 

Section 1. Chapter 75 of the acts of 1934 is hereby 
amended by inserting after section 2 the following section: — 
Sectioti 2 A. The inhabitants of said town may by their vote 
place under the control of said trustees any land owned by or 
leased to the town which is adjacent to land already under 
the control of said trustees, to manage and improve for the 
recreational use of the inhabitants of said town, and with all 
and the same powers to the trustees in respect thereof as 
herein provided as to the parcel authorized to be held in 
section one. 

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

Approved February 25, 1950. 



An Act authorizing the town of middleton to borrow QJia'p.XSl 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to the Howe-Manning school, and of originally equipping 
and furnishing the same, the to^AH of Middleton may borrow 
from time to time, within a period uf five years from the 
passage of this act, such sums as may be necessary, not ex- 
ceeding, in the aggregate, two hundred thousand dollars, and 
may issue bonds or notes of the toAvn therefor, which shall 
bear on their face the words, Middleton School Loan, Act of 
1950. 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, inclusive of the limitation contained in the first para- 
graph of section seven thereof. 

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

Approved February 25, 1950. 



An Act relative to the removal of certain officers PJi^'t) ^32 

OF cities. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter 39 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 8 the following section: — ne^w^'§^8A, 
Section 8A. Unless otherwise provided in any general law added. 
or in any special law relating to a city, any officer or official ferTsdl^lmoeia 
appointed or elected by the city council may be removed by °f "tiea. 
said council for cause after a public hearing, written notice of 
which shall be given said officer or official fourteen days, at 
least, prior to the date thereof. This section shall not apply 



84 Acts, 1950. — Chaps. 133, 134. 

to any officer or official who is subject to the provisions of 
chapter thirty-one. 

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

Approved February 25, 1950. 

Chap.lSS An Act reviving the wakefield real estate and build- 
ing ASSOCIATION FOR CERTAIN PURPOSES. 

Emergency Whereas, The deferred operation of this act would delay 

the disposition of certain property by the corporation revived 
thereby and it is essential that such disposition be effected as 
soon as possible, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Wakefield Real Estate and Building Association, a cor- 
poration dissolved by the expiration of its charter on March 
twenty-second, nineteen hundred and forty-six, is hereby re- 
vived and continued for a period of six months from the 
effective date of this act for the sole purposes of selling and 
conveying title to, or otherwise disposing of, certain real and 
personal property, and of distributing the proceeds of such 
sales or transfers and the other remaining assets of the cor- 
poration among those entitled thereto. 

Approved February 25, 1950. 

Chap. 134: An Act regulating the use of steam locomotives and 

FURTHER ABATING SMOKE NUISANCES WITHIN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 651 of the acts of 1910 
is hereby amended by striking out the first paragraph, as 
most recently amended by section 3 of chapter 492 of the 
acts of 1947, and inserting in place thereof the following: — 
The emission of smoke of a degree of darkness or density 
equal to No. 2 of the chart or greater, for more than six min- 
utes in any one hour from stacks of Class I; or of a degree 
equal to No. 2 of the chart or greater, for more than six min- 
utes in any one hour, but not exceeding during said six min- 
utes a degree equal to No. 3 of the chart or greater, for more 
than three minutes from stacks of Class II; or of a degree 
equal to No. 2 of the chart or greater, for more than twenty- 
five minutes in any one hour, but not exceeding during said 
twenty-five minutes a degree equal to No. 3 of the chart or 
greater for more than five minutes from stacks of Class III; 
or of a degree equal to No. 3 of the chart or greater for more 
than three minutes in any one hour from stacks of Class IV; 
for more than five minutes in any one hour from stacks of 
Class V; and the emission of any smoke from stacks of 
Class VI or Class VII, is hereby prohibited, except in case 
of an emergency. 



Acts, 1950. — Chaps. 135, 136. 85 

Section 2. The last paragraph of said section 2 of said 
chapter 651, as most recently amended by section 4 of said 
chapter 492, is hereby repealed. 

Section 3. This act shall take effect on January first, 
nineteen hundred and fifty-five. 

Approved February 25, 1950. 

An Act relative to the election of town meeting mem- Q^kuj ]^35 
bers in the town of dedham. 

Be it enacted, etc., as follows: 

Section 2 of chapter 358 of the acts of 1926 is hereby 
amended by striking out the first paragraph, as most re- 
cently amended by section 2 of chapter 419 of the acts of 1948, 
and inserting in place thereof the following paragraph: — 
Other than the oificers designated in section three as town 
meeting members at large, the representative town meeting 
membership shall in each precinct consist of the largest num- 
ber divisible by three which will not exceed two per cent of 
the registered voters in the precinct upon and including the 
first day of January next preceding the town election at 
which they are to be elected as hereinafter provided. The 
registered voters in each precinct shall, at the first annual 
towTi election held after the establishment thereof, and at the 
first annual town election following any precinct revision, 
conformably to the laws relative to elections not inconsistent 
with this act, elect by ballot from the registered voters of the 
precinct town meeting members, other than the oflficers desig- 
nated in section three as town meeting members at large, to 
the number to which the precinct is entitled. The first third, 
in order of votes received, of members so elected shall serve 
three years, the second third in such order shall serve two 
years, and the remaining third in such order shall serve one 
year, from the day of the annual town meeting; and there- 
after, except as is otherwise provided herein, at each annual 
town election the voters of each precinct shall, in like man- 
ner, elect one third of the number of town meeting members 
to which the precinct is entitled for the term of three years, 
and shall at such election fill for the unexpired term or terms 
any vacancy or vacancies then existing in the town meeting 
members theretofore elected from such precinct. 

Approved February 25, 1950. 



Chap.im 



An Act relative to the trapping of birds. 
Be it enacted, etc., as follows: 

Section 1 of chapter 131 of the General Laws is hereby o. l. (Ter. 
amended by striking out the paragraph defining "Trap", ^tcl! 'amended. 
inserted by section 2 of chapter 615 of the acts of 1948. and 
inserting in place thereof the following: — 

"Trap", any device capable of taking, catching or hold- ^I^ned'^^'^" 
ing a mammal or bird, whether in the set or spring position. ^^ 



86 



Acts, 1950. — Chaps. 137, 138, 139. 



The verb "to trap", in all of its moods and tenses, includes 
any act of staking out, setting, using, tending, placing, main- 
taining or picking up a trap where fur-bearing mammals or 
birds might be found. Approved February 25, 1950. 



Chap.lS7 An Act fixing the time for holding the annual meet- 
ings OF FIRE, WATER, LIGHT AND IMPROVEMENT DISTRICTS. 

Be it enacted, etc., as follows: 

Section 119 of chapter 41 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by add- 
ing at the end the following : — Annual meetings of fire, 
water, light and improvement districts shall be held in 
February, March or April. Meetings ma}^ be adjourned 
from time to time for the consideration of any articles in the 
warrant, except an article calhng for the election of district 
officers. Approved February 25, 1950. 



G. L. (Ter. 
Ed.), 41, § 119 
amended. 

Time for 
annual meet- 
ing of fire, 
water, etc., 
districts. 



C/iap. 138 An Act further regulating the trapping of mammals. 
Be it enacted, etc., as follows: 

Clause (l) of section 68 of chapter 131 of the General Laws, 
as appearing in section 1 of chapter 758 of the acts of 1949, is 
hereby amended by striking out, in line 2, the word "six" 
and inserting in place thereof the word: — eight, — so as to 
read as follows : — 

(Z) To fail to visit at least once in each calendar day, be- 
tween the hours of four o'clock ante meridian and eight 
o'clock post meridian all traps by him staked out, set, used, 
tended, placed or maintained. 

Approved February 25, 1950. 



G. L. (Ter. 
Ed.), 131, § 68, 
etc., amended. 



Trapping of 

mammals, 

regulated. 



C/iap. 139 An Act to further regulate the operation of motor 

vehicles by non-residents. 



G. L. (Ter. 
Ed.). 90, § 10. 
etc., amended. 



Operation of 
motor vehicles 
by non-resi- 
dents, regu- 
lated. 



Be it enacted, etc., as follows: 

Section 10 of chapter 90 of the General Laws, as most re- 
cently amended by chapter 130 of the acts of 1948, is hereby 
further amended by adding at the end the following para- 
graph : — 

Notwithstanding the foregoing provisions, no person shall 
operate on the ways of the commonwealth any motor vehicle, 
whether registered in this commonwealth or elsewhere, if the 
registrar shall have suspended or revoked any license to op- 
erate motor vehicles issued to him under this chapter, or his 
right to operate such vehicles, and such license or right has 
not been restored or a new license to operate motor vehicles 
has not been issued to him. Operation of a motor vehicle in 
violation of this paragraph shall be subject to the same penal- 
ties as provided in section twenty-three for operation after 
suspension or revocation and before restoration or issuance 
of a new license or the restoration of the right to operate. 

Approved February 25, 1950. 



Acts, 1950. — Chaps. 140, 141, 142. 87 



An Act to require the inspection of windshields as Chap. 14:0 

PART OF THE PERIODIC INSPECTION OF MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section 7A of chapter 90 of the General Laws, as appear- g l. (Ter. 
ing in section 1 of chapter 241 of the acts of 1945, is hereby ftli'am'en/ed! 
amended by inserting after the word "gear", in Hne 8, the 
word: — , windshield, — so that the first sentence will read 
as follows : — The registrar shall include in the rules and ,^"p°ction of 
regulations prepared by him under section thirty-one, rules motor vehicles. 
and regulations providing for the periodic inspection of all 
motor vehicles and trailers, for the purpose of determining 
whether they are provided with the following equipment 
maintained in good order, to wit: brakes, lights, horn, muf- 
fler, steering gear, windshield, windshield cleaner and number 
plates, and also rules and regulations in respect to school 
buses, providing, in addition to the periodic inspections here- 
inbefore referred to, for the inspection of those not subject to 
the jurisdiction of the department of public utilities, during 
the first week of the months of January, March, May, Sep- 
tember and November in each year. 

Approved February 25, 1950. 

An Act authorizing cities and towns to make appropri- (7/ia7).141 

ATIONS FOR the SUPPRESSION AND ERADICATION OF GOLD- 
ENROD AND POISON IVY. 

Be it enacted, etc. , as follows: 

Clause (36 A) of section 5 of chapter 40 of the General Edj.'iJls, 
Laws, inserted by chapter 163 of the acts of 1949, is hereby etc'amende'd. 
amended by inserting after the word "ragweed" in lines 2 
and 4, in each instance, the words: — , goldenrod and poison 
ivy, — so as to read as follows : — 

(36A) For acquiring information regarding the growth of amhorw fo?* 
ragweed, goldenrod and poison ivy within its limits and for suppression 
doing such things as are considered necessary to suppress, °vy^°etc.'* 
eradicate and destroy ragweed, goldenrod and poison ivy. 
Such appropriations shall be expended under the direction 
of such department as may be designated by the town meet- 
ing 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 February 25, 1950. 

An Act further regulating the appointment of regis- (7/iar).142 

TRARS OF VOTERS. 

Be it enacted, etc., as follows: 

Section 18 of chapter 51 of the General Laws, as appearing o. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking amended.^ ^^' 



88 Acts, 1950. — ;Chaps. 143, 144. 

out, in line 3, the words ", as equally as may be,", — so as 
polftfcaf"' ^^ ^^^^ ^^ follows: — Section 18. In the original and in each 
representation, succceding appointment and in filling vacancies, registrars 
of voters shall be so appointed that the members of the board 
shall represent the two leading political parties, and in no 
case shall an appointment be so made as to cause a board to 
have more than two members, including the city or town 
clerk, of the same political party. 

Approved February 25, 1950. 

Chap. 14:3 An Act to require medical examiners to report to the 

REGISTRAR OF MOTOR VEHICLES DEATHS CAUSED BY MOTOR 
VEHICLES. 

Be it enacted, etc., as follows: 

Edo.sJ.T?, Section 7 of chapter 38 of the General Laws, as most re- 
etc, amended, ceutly amended by section 5 of chapter 632 of the acts of 1945, 
is hereby further amended by striking out the last sentence 
Report of and inserting in place thereof the following sentence: — He 
au opsy. shall in all cases forthwith certify to the town clerk or regis- 

trar in the place where the deceased died, and to the depart- 
ment of industrial accidents in cases where death, in his opin- 
ion, was caused by or related to the occupation of the de- 
ceased, and to the registrar of motor vehicles in cases where 
death, in his opinion, was caused by or related to the opera- 
tion of a motor vehicle, his name and residence, if known; 
otherwise a description as full as may be, with the cause and 
manner of death. Approved February 25, 1950. 

Chap. 14:4: An Act providing for the expenditure of unexpended 

BALANCES OF APPROPRIATIONS FOR CERTAIN HIGHWAY 
WORK AND IMPROVEMENTS IN RIVERS AND STREAMS IN THE 
COUNTIES OF BERKSHIRE, HAMPDEN, AND HAMPSHIRE. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized to 
expend for the purposes provided in chapter three of the 
acts of nineteen hundred and forty-nine any balances of ap- 
propriations made by said chapter three and remaining un- 
expended on January first, nineteen hundred and fifty, to 
which date the time for the making of contracts was extended 
under chapter seven hundred and seventy-eight of the said 
acts of nineteen hundred and forty-nine; said unexpended 
balances to be expended for flood repair work on highways 
and bridges and for stream clearance work, either as provided 
in said chapter three or in conjunction with other state funds 
or with state, city or town and county funds under chapter 
ninety of the General Laws. Approved February 25, 1950. 



Acts, 1950. — Chap. 145. 89 



An Act further regulating probation records. C/iax). 145 
Be it enacted, etc., as follows: • 

Section 1. Section 85 of chapter 276 of the General [ij^.'^^JT'", g. 
Laws, as appearing in the Tercentenary Edition, is hereby ame/Kfod." 
amended by inserting after the first sentence the following 
sentence : — Such record of the probation officer presented 
to the court shall not contain as part thereof any informa- 
tion of prior criminal prosecutions, if any, of the defendant 
wherein the defendant was found not guilty by the court or 
jury in said prior criminal prosecution, — so as to read as 
follows: — Section 85. In addition to the other duties im- Duties. 
posed upon him, each probation officer shall, as the court 
may direct, inquire into the nature of every criminal case 
brought before the court under the appointment of which he 
acts, and inform the court, so far as is possible, whether the 
defendant has previously been convicted of crime and in the 
case of a criminal prosecution before said court charging a 
person with an offence punishable by imprisonment for more 
than one year the probation officer shall in any event present 
to the court such information as the board of probation has 
in its possession relative to prior criminal prosecutions, if 
any, of such person and to the disposition of each such prose- 
cution, and all other available information relative thereto, 
before such person is admitted to bail in court and also be- 
fore disposition of the case against him by sentence, or plac- 
ing on file or probation. Such record of the probation officer 
presented to the court shall not contain as part thereof any 
information of prior criminal prosecutions, if any, of the de- 
fendant wherein the defendant was found not guilty by the 
court or jury in said prior criminal prosecution. When it 
comes to the knowledge of a probation officer that the de- 
fendant in a criminal case before his court charged with an 
offence punishable by imprisonment for more than one year 
is then on probation in another court or is then at liberty on 
parole or on a permit to be at liberty, such probation officer 
shall forthwith certify the fact of the presence of the defend- 
ant before his court to the probation officer of such other 
court or the parole authorities granting or issuing such parole 
or permit to be at liberty, as the case may be. He may recom- 
mend to the justice of his own court that any person con- 
victed be placed on probation. He shall perform such other 
duties as the court requires. He shall keep full records of all 
cases investigated b}^ him or placed in his care by the court, 
and of all duties performed by him. Every person released 
upon probation shall be given by the probation officer a writ- 
ten statement of the terms and conditions of the release. 

Section 2. Section 4A of chapter 279 of the General (^ ^ ^- j-^^^^^-^ ^^ 
Law^s, as so appearing, is hereby amended by adding at the amei'ided.' 
end the following sentence: — Such record of the probation 
officer presented to the court shall not contain as part thereof 
any information of prior criminal prosecutions, if any, of the 



90 Acts, 1950. — Chaps. 146, 147. 

defendant wherein the defendant was found not guilty by 
the court or jury in said prior criminal prosecution, — so as 
•obta^rf criminal ^^ Yesid as f ollows ! — Section I^A. Before disposition by sen- 
records of tence or placing on file or probation of any criminal prose- 
before disposi- cution for an offence punishable by imprisonment for more 
ci°se8°^ '^®''*'^'" than one year, the court shall obtain from its probation offi- 
cer all available information relative to prior criminal prose- 
cutions, if any, of the defendant and to the disposition of 
each such prosecution. Such record of the probation officer 
presented to the court shall not contain as part thereof any 
information of prior criminal prosecutions, if any, of the de- 
fendant wherein the defendant was found not guilty by the 
court or jury in said prior criminal prosecution. 

Approved February 25, 1950. 



Chap. 14:Q An Act relative to the tenure of office of the city 

CLERK OF THE CITY OF CHICOPEE. 

Be it enacted, etc., as follows: 

Section 1. The city clerk of the city of Chicopee in office 
at the time this act takes efTect shall continue to hold office 
during good behavior, subject, however, to the provisions of 
sections two and three of this act. 

Section 2. Upon the filing with the clerk of said city of a 
petition, signed by not less than ten per cent of the total num- 
ber of registered voters thereof, requesting the submission to 
the voters of the question of removing the city clerk from the 
provisions of section one of this act, the question shall be sub- 
mitted to the voters at the next biennial state election oc- 
curring more than sixty days after the filing of such petition. 
The city clerk shall transmit said petition, within ten days 
after the filing thereof, with a certificate from the registrars 
of voters relative to the number of signatures filed, to the 
state secretary. 

Section 3. The city clerk so removed from said provi- 
sions shall continue to hold office until the qualification of 
the city clerk elected at the next municipal election following 
the municipal election at which the city treasurer is elected. 

Section 4. This act shall take full efTect upon its accept- 
ance during the current year by vote of the board of alder- 
men of said city, subject to the provisions of its charter, but 
not otherwise. Approved February 28, 1950. 

Chap. 147 An Act relative to the tenure of office of the assist- 
ant ASSESSOR OF THE CITY OF CHICOPEE. 

Be it enacted, etc., as follows: 

Section 1. The assistant assessor of the city of Chicopee 
in office at the time this act takes effect and any person 
thereafter elected to fill any vacancy existing in such office 
shall hold office during good behavior and until the board of 
assessors shall remove him therefrom in accordance with the 



Acts, 1950. — Chaps. 148, 149. 91 

provisions of chapter thirty-one of the General Laws and the 
rules made thereunder relative to removals from the classi- 
fied public service. After this act takes effect, any vacancy 
in the office of the assistant assessor in said city shall be filled 
by election by ballot by its board of assessors. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
said city, subject to the provisions of its charter, but not 
otherwise. Approved February S8, 1950. 



An Act authorizing the establishment of a police Q}iar).\4:S 

TRAINING SCHOOL AND BUREAU OF CRIMINAL INVESTIGA- 
TION IN THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as follows: 

The county of Plymouth may provide and maintain a 
school for the training of deputy sheriffs, constables and 
police officers and a bureau of criminal investigation under 
the direction of the county commissioners of said county. 
Said school and bureau of criminal investigation shall be 
suitably provided with necessary instructors and equipment 
for the furnishing of instruction to deputy sheriffs, con- 
stables and police officers within said county in the use of 
firearms, criminal investigation and detection, the prosecu- 
tion of criminal cases in court, and such other instruction as 
may be necessary for the thorough training of men in the 
prevention, detection and prosecution of crime. 

Approved March 1, 1950. 



An Act relative to the hours of duty of the perma- 
nent MEMBERS OF THE FIRE DEPARTMENT IN THE TOWN 
OF BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1. The hours of duty of the permanent members 
of the uniformed fire fighting force in the town of Braintree, 
upon acceptance of this act as hereinafter provided, 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-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 to'WTi. 

Section 2. This act shall be submitted for acceptance to 
the voters of said town at any annual town meeting in the 
form of the following question : — " Shall an act passed by 
the General Court in the year nineteen hundred and fifty, 
providing for a fifty-six hour week for the permanent mem- 
bers of the fire department of this town, be accepted?" If 



Chap.U9 



92 Acts, 1950. — Chaps. 150, 151. 

a majority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon take full effect. 

Section 3. If this act has not already been accepted as 
provided by section two of this act, upon petition of not less 
than ten per cent of the registered voters in the town of 
Braintree, duly certified by the registrars of voters and filed 
with the state secretary not less than thirty days before any 
state election, the state secretary shall cause to be printed 
upon the official ballot to be used in said town at such state 
election the following question: — "Shall an act passed by 
the General Court in the year nineteen hundred and fifty, 
providing for a fifty-six hour week for the permanent mem- 
bers of the fire department of this town, be accepted?" If a 
majority of the votes cast on said question in the town of 
Braintree are in the affirmative, this act shall thereupon take 
full effect. Approved March 1, 1950. 

Chap. 150 An Act relative to the civil service status of the 

HEALTH INSPECTOR IN THE HEALTH DEPARTMENT OF THE 
CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The provisional incumbent of the position of 
health inspector in the health department of the city of Lynn 
on the effective date of this act, having held this position for 
not less than two years prior to said date, shall be considered 
to be properly classified under the civil service law and rules, 
and his tenure of office shall be unlimited, subject to his 
passing a qualifying examination to which he shall be sub- 
jected by the division of civil service; and upon passing said 
examination shall be certified for said position 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 accept- 
ance by the city council of the city of Lynn, subject to the 
provisions of its charter, but not otherwise. 

Approved March 1, 1950. 

Chap. 151 An Act relative to the time of appointment of assist- 
ant ASSESSORS. 

Be it enacted, etc., as follows: 

Ed^.'4i!l'25A. Section 25A of chapter 41 of the General Laws, as amended 
etc.. 'amended. ' by scctiou 3 of chaptcr 129 of the acts of 1937, is hereby fur- 
ther amended by striking out the first sentence and inserting 
Assistant Jq placc thereof the following sentence : — The assessors, on 

appoint inent of. or bcfore September thirtieth in each year, shall appoint as 
assistant assessors such number of suitable citizens of the 
town as they deem necessary, and may remove them. 

Approved March 1, 1950. 



Acts, 1950. — Chaps. 152, 153. 93 



An Act providing for the construction of additions Chap. 152 

TO THE NEW BEDFORD VOCATIONAL HIGH SCHOOL AND 
authorizing THE BORROWING OF MONEY THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing additions 
to the New Bedford vocational high school and of origi- 
nally equipping and furnishing the same, the city of New 
Bedford may borrow, from time to time, within a period of 
five years from the passage of this act, such sums as may be 
necessary, not exceeding in the aggregate four hundred 
thousand dollars, and may issue bonds or notes therefor 
which will bear on their face the words New Bedford Voca- 
tional High School Addition Loan, Act of 1950, which 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 paragraph of section 
seven thereof. 

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

Approved March 6, 1950. 

An Act authorizing the tow^n of sudbury to indem- QJiav.lb^ 

NIFY ELLSWORTH M. TEBO, A FORMER EMPLOYEE OF SAID 
town, for DAMAGES INCURRED IN THE SETTLEMENT OF 
A CERTAIN CLAIM AGAINST HIM, 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the town of Sudbury is hereby authorized to 
appropriate and pay the sum of one thousand dollars for 
the purpose of indemnifying Ellsworth M. Tebo, a former 
employee of said town, for damages incurred in the settle- 
ment of a claim against him by John B. Kalilainen, ad- 
ministrator of the estate of John A. Kalilainen, for bodily 
injuries and death of said John A. Kalilainen on February 
eighteenth, nineteen hundred and forty, arising out of the 
operation of a motor vehicle 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. 

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

Approved March 6, 1950. 



94 Acts, 1950. — Chaps. 154, 155. 



Chap. 154: An Act authorizing the town of eastham to appro- 
priate MONEY FOR MUNICIPAL ADVERTISING PURPOSES 
AND FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Eastham may, by a majority 
vote, appropriate each year a sum not exceeding five hun- 
dred dollars for advertising the advantages of the to\\Ti and 
for providing amusements or entertainments of a pubHc 
character. The money so appropriated by the town shall 
be expended under the direction of the board of selectmen. 

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

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

Approved March 6, 1950. 



Chap. 155 An Act relative to sewer assessments in the town 

OF franklin. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 199 of the acts of 1949 is 
hereby amended by striking out, in lines 1 and 11, the word 
"six" and inserting in place thereof, in each instance, the 
word: — eighteen, — so as to read as follows: — Section 2. 
Within eighteen 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 six 
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 eighteen 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 as- 
sessment made hereunder upon any parcel of such land shall 



Acts, 1950. —Chaps. 156, 157. 95 

constitute a lien thereon from the date of the recording of 
such statement. 

Notwithstanding the provisions of said chapter six hun- 
dred and thirteen, and except as herein otherwise provided, 
the provisions of the General Laws shall apply to all assess- 
ments authorized by said chapter six hundred and thirteen, 
and by this act, and to the apportionment, division, re- 
assessment, abatement and collection of such assessments, 
and to interest thereon. 

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

Approved March 6, 1950. 

An Act authorizing the town of auburn to borrow Chav. 15Q 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing an addition 
to the high school building and originally furnishing and 
equipping said addition, the to^vn of Auburn may borrow 
from time to time, within a period of five years from the 
effective date 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. Auburn School Loan, Act of 
1950. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except 
as provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved March 6, 1950. 

An Act providing indemnity for certain volunteer QJidrf 157 
drivers of fire apparatus owned by a town. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which, in part, is to make its provisions p""*"*"'^*^ 
apply without delay to volunteer drivers of fire apparatus 
in towns, 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: 

Clause (1) of section 5 of chapter 40 of the General Laws, o. l. (Ter. 
as most recently amended by chapter 174 of the acts of ftt! 'amended. 
1948, is hereby further amended by inserting after the word 
"town", in line 9, the w^ords: — , or volunteer driver of fire 
apparatus of the town whose service as such is approved by 
the selectmen. Approved March 6, 1950. 



96 Acts, 1950. — Chaps. 158, 159, 160. 



Chap. 158 An Act authorizing the town of westborough to 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for, and 
constructing and originally equipping and furnishing, a 
school building, the town of Westborough 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 to^\Ti therefor which shall bear 
on their face the words, Westborough School Loan, Act of 
1950. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except 
as provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved March 6, 1950. 

Chap. 159 An Act relative to time for payment of betterment 

assessments in the town of LEXINGTON, 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any law 
to the contrary, the board of selectmen of the town of 
Lexington upon or after making the order for the assessment 
of any betterment upon land which is not built upon may 
extend the time for payment of the assessment until it is 
built upon, or, if the board so determines, until it is sold or 
for a fixed time and with or without interest, but such in- 
terest shall not exceed the rate of four per cent per annum 
upon the assessment from the time it was made, and, if 
without interest, the extension shall not exceed three years 
with the right in the board, however, to grant successive 
extensions. The assessment shall be paid within three 
months after such land is built upon or sold or at the expira- 
tion of such fixed time. 

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

Approved March 6, 1950. 

Chap. IQO An Act to authorize the town of milford to borrow 
money for installing illuminating or lighting 
equipment at fino field. 

Be it enacted, etc., as follows: 

Section L For the purpose of installing illuminating 
or lighting equipment at Fino Field in order to permit the 
use at night of said field, the touTi of Milford may borrow, 
from time to time, within a period of five years from the 



Acts, 1950. — Chaps. 161, 162. 97 

passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate, thirty thousand dollars, and 
may issue bonds or notes therefor which shall bear on their 
face the words, Milford Athletic Field Lighting Loan, Act 
of 1950. Each authorized issue shall constitute a separate 
loan and such loans shall be paid in not more than ten years 
from their dates. Indebtedness incurred under this act 
shall be within the statutory limit and shall, except as pro- 
vided herein, be subject to the applicable provisions of 
chapter forty-four of the General Laws, including the 
limitation contained in the first paragraph of section seven 
thereof. 

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

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

Approved March 6, 1950. 

ki^ Act authorizing the town of barnstable to dis- Qfidj) \Q\ 

CONTINUE THREE COMMON LANDING PLACES IN SAID TOWN 
AND TO USE SAID PLACES AS TOWN BATHING BEACHES. 

Be it enacted, etc., as follows: 

Section 1. The town of Barnstable is hereby authorized, 
by vote at any annual to^\^l meeting, to discontinue the 
use of three toun landing places located in that section of 
said torni known as Cotuit and called Loop Beach, Hooper's 
Landing and Rushy Marsh Beach as town landing places, 
and thereafter to use and maintain said lands as town 
bathing beaches and said to\ATi may restrict the use of the 
same to its inhabitants and to its seasonal and temporary 
residents. 

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

Approved March 6, 1950. 

An Act authorizing the investment of certain funds (Jfidj) X62 
OF the commonwealth and its political subdivisions 

IN SHARE accounts OF FEDERAL SAVINGS AND LOAN 
associations LOCATED W'lTHIN THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Subdivision (2) (b) of section 23 of chapter 32 g^^-^J^^^^s 
of the General Laws, as appearing in section 1 of chapter 658 etc., 'amended'. 
of the acts of 1945, is hereby amended by inserting after 
clause (iii) the following clause: — 

(iv) In share accounts of federal savings and loan asso- investment of 
ciations located in the commonwealth. system funds. 

Section 2. Chapter 34 of the General Laws is hereby ^-^V^J^l^s 
amended by striking out section 23, inserted by chapter 297 etc!, 'amended. 
of the acts of 1932, and inserting in place thereof the follow- 



98 Acts, 1950. — Chap. 162. 

Counties may [^g scction : — SecHoTi 23. Any county may receive, hold 
to the use or and manage any gift by devise, bequest or otherwise, to the 
county,°itc^^ use Or benefit of the county or any activity, institution, 
organization, board, commission or other pubhc body to the 
use of which funds of the county are advanced or contributed. 
Unless otherwise provided by the donor, any money so 
received or the proceeds of any such gift shall be placed at 
interest in savings banks or savings departments of trust 
companies incorporated under the laws of the common- 
wealth, or in savings departments of national banks, or 
shall be used to purchase share accounts of federal savings 
and loan associations located in the commonwealth, or 
invested in securities which are legal investments for savings 
banks. The county treasurer shall be the custodian of such 
fund and securities, and shall invest and reinvest the same, 
and expend therefrom moneys as directed by the county 
commissioners. 
Edo;9o^l'34D, Section 3. Section 34D of chapter 90 of the General 
etc.. 'amended. ' Law^s, as most recently amended by section 4 of chapter 571 
of the acts of 1949, is hereby further amended by striking 
out the last sentence and inserting in place thereof the 
Ssh° etc°^ following sentence : — The state treasurer shall deposit any 
in lieu of ' cash reccivcd under the provisions of this section in a savings 
bank or the savings department of a trust company or of a 
national bank within the commonwealth, or shall use such 
cash to purchase share accounts in federal savings and loan 
associations located in the commonwealth. 
EdV'/Jr^8A Section 4. Section 8A of chapter 121 of the General 
etc.. 'amended.' Laws, as most Tcccntly amended b}^ chapter 523 of the acts 
of 1941, is hereby further amended b}^ inserting after the 
word "therein", in line 6, the words: — or ma,y use said 
funds to purchase share accounts of federal savings and loan 
associations located in the commonwealth, — so as to read 
Commissioner as followsi — Sectioti 8 A. The commissioner may receive 
trustTunds^ funds in trust for the use of illegitimate children or other 
persons under the care or supervision of the department. 
The commissioner shall deposit such funds in savings banks 
in the commonwealth or savings departments of trust com- 
panies therein or may use said funds to purchase share 
accounts of federal savings and loan associations located 
in the commonwealth and, when necessary, make expendi- 
tures from said funds for the benefit of or on behalf of the 
ward. 
EdV'iJ2'%2B Section 5. Chapter 122 of the General Laws is hereby 
etc.. 'amended.' amended by striking out .section 2B, as most recentl.y 
amended by chapter 331 of the acts of 1946, and inserting 
Deposits. jn place thereof the following section: — Section 2B. The 

superintendent of the Tcwksbury .state hospital and in- 
firmary may deposit in any bank or trust company within 
the commonwealth funds belonging to patients and funds 
deposited by their relatives or friends to be used for their 
benefit or may use said funds to purchase share accounts 
of a federal savings and loan association located in the 



Acts, 1950. — Chap. 162. 99 

commonwealth, in an account entitled "Patients' Funds", 
or the superintendent may, whenever he deems it desirable, 
deposit such funds in such banks in separate accounts as 
trustee, or use said funds to purchase share accounts of a 
federal savings and loan association located in the common- 
wealth, as trustee, in each instance, for the patient. 

Section 6. Chapter 123 of the General Laws is herebv g. l. (Ter. 
amended by striking out section 89, as amended by section 1 otV., 'amended. ' 
of cha])ter 291 of the acts of 1936, and inserting in place 
thereof the following section: — Section 39. The super- Patients' funds, 
intendent of each state hospital may deposit in any bank or 
trust company within the commonwealth funds belonging 
to patients and funds deposited by their relatives or friends 
to be used for their benefit, or may use said funds to pur- 
chase share accounts of a federal savings and loan association 
located in the commonwealth in an account entitled "Pa- 
tients' Funds". The commissioner may deposit in any such 
bank or trust company in an account, entitled "Patients' 
Funds", funds belonging to patients, funds deposited by 
their relatives or friends, and funds earned by patients who 
are committed to the department or are under its super- 
vision, or may purchase with said funds share accounts of a 
federal savings and loan association located in the common- 
wealth, in an account entitled "Patients' Funds", to be 
used for the benefit of said patients under regulations 
prescribed by the department. 

Section 7. The second paragraph of section 29 of chap- g l. (Tor 
ter 171 of the General Laws, as appearing in the Tercentenary ameAdcd.' ^ ' 
Edition, is hereby amended by inserting after the word 
"banks", in hne 6, the words: — , or be used to purchase 
share accounts of a federal savings and loan association 
located in the commonwealth, — so as to read as follows: — 

Funds representing unclaimed dividends in liquidation Disposition of 
and remaining in the hands of the liquidating committee "unds™'^ 
for six months after the date of the final dividend, shall be 
deposited by them, together with all books and papers of 
the credit union, with the commissioner. Such funds shall 
be deposited in one or more trust companies, savings banks 
or national banks, or be used to purchase share accounts 
of a federal savings and loan association located in the 
commonwealth to the credit of the commissioner in his 
official capacity in trust for the members of the liquidating 
credit union entitled thereto, according to their several 
interests. Upon receipt of evidence satisfactory to him, the 
commissioner may pay over the money so held by him to 
the persons respectively entitled thereto. 

Approved March 6, 1950. 



100 Acts, 1950. — Chaps. 163, 164, 165. 



Chap.lQS An Act relative to the compensation of certain per- 
sons FOR services rendered IN THE ADMINISTRATION 
OF THE CONTRIBUTORY RETIREMENT SYSTEM IN CERTAIN 
CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Edt 32.%'2o, Paragraph (c) of subdivision (4) of section 20 of chapter 
etc., 'amended! 32 of the General Laws, as appearing in section 1 of chap- 
ter 658 of the acts of 1945, is hereby amended by striking 
out the second sentence and inserting in place thereof the 
of°^?ri^n'*per- followiug: — Nothiug in this paragraph shall prevent any 
sons in cities city auditor, towTi accountant or other officer having similar 
8rr%-ic°es'to ""^ powers and duties, or any other person who serves in the 
system. active administration of the system in lieu of the city audi- 

tor, to^Ti accountant or other officer having similar powers 
and duties, from being compensated for services rendered 
in the active administration of the system; provided, that 
the compensation for such services shall be not less than 
two hundred nor more than five hundred dollars per annum, 
and shall be payable from the expense fund of the system. 

Approved March 6, 1950. 

Chav. 164: An Act authorizing the county commissioners of the 

COUNTY OF BERKSHIRE TO REIMBURSE THE TOWN OF 
ADAMS FOR CERTAIN EXPENDITURES. 

Be it enacted, etc., as follows: 

The county commissioners of the county of Berkshire are 
hereby authorized and directed to pay to the town of Adams 
the sum of thirty-six hundred and fifty dollars as reim- 
bursement to said towTi for certain expenses incurred or 
paid by it for certain items and charges in the reconstruction 
of the town hall of said town which were incurred and made 
by direction of said county commissioners. 

Approved March 6, 1950. 

Chav.165 An Act relating to exemptions from taxation granted 

SOLDIERS AND SAILORS AND THEIR WIVES, WIDOWS, FATHERS 
OR MOTHERS. 

Be it enacted, etc., as follows: 

Chapter 534 of the acts of 1949 is hereby amended by 
adding at the end the following section : — Section S. This 
act shall be applicable to taxes levied in the year nineteen 
hundred and forty-nine, and application for abatement or 
exemption thereof may be made not later than October first, 
nineteen hundred and fifty, notwithstanding any provision 
of law to the contrary. Approved March 6, 1950. 



Acts, 1950. — Chaps. 166, 167. 101 



An Act invalidating settlements or releases obtained Qfi^j) \QQ 

FROM INJURED PERSONS CONFINED IN HOSPITALS OR SANI- ^' 

TARIUMS AND MAKING INADMISSIBLE IN EVIDENCE SIGNED 
STATEMENTS OF SUCH PERSONS UNDER CERTAIN CIR- 
CUMSTANCES. 

Be it enacted, etc., as follows. • 

Section 1. Chapter 271 of the General Laws is hereby g l. (Ter. 
amended by inserting after section 43 the following sec- new^'§\4,' 
tion: — Section 44- Except as provided below, no settle- "■'^''i''''- 
ment or general release or statement in writing signed by pefsonrcJi?-'" 
any person confined in a hospital or sanitarium as a patient |;"Jj'i'tutfons^'" 
with reference to any personal injuries for which said person eto., inad- 
is confined in said hospital or sanitarium shall be admissible ev-Tdenc'e!" 
in evidence, used or referred to in any manner at the trial 
of any action to recover damages for personal injuries or 
consequential damages, so called, resulting therefrom, which 
statement, settlement or general release was obtained within 
fifteen days after the injuries were sustained and such settle- 
ment or release shall be null and void unless at least five 
days prior to the obtaining or procuring of such general 
release or statement such injured party had signified in 
writing his willingness that such general release or state- 
ment be given. This section shall not apply to statements 
or releases obtained by police officers or inspectors of motor 
vehicles in the performance of their duty, members of the 
family of such person or by or on behalf of his attorney. 
The provisions of this section shall not apply to chapter 
one hundred and fifty-two. 

Section 2. This act shall take effect on October first in Effective date. 
the current year, but shall not apply to statements, re- 
leases or settlements obtained prior to that date. 

Approved March 6, 1950. 



An Act relative to the expenditure of money by the (^/j(22).167 

COUNTY commissioners OF BERKSHIRE COUNTY FOR THE ^' 

PURPOSE OF PROMOTING THE RECREATIONAL ADVANTAGES 
OF SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 30 of the acts of 1938 is hereby 
amended by striking out section I and inserting in place 
thereof the following section : — Section 1 . The county com- 
missioners of Berkshire county may, for the purpose of ad- 
vertising the recreational advantages of said courity, expend 
such sums, not exceeding ten thousand dollars in any one 
year, as may be appropriated therefor. Said commissioners 
shall expend such sums only for advertising in newspapers, 
magazines and the hke, or for booklets, posters or other 
forms of advertising. In carrying out the provisions of this 
act, the county commissioners may designate an agent or 



102 Acts, 1950. — Chaps. 168, 169. 

agents to act for them; provided, that all bills incurred shall 
be accompanied by proper vouchers and shall be paid by 
the county treasurer only on warrants aj^proved by the 
county commissioners or a majority of them. 

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 6, 1950. 

Chap. 168 An Act authorizing the commissioner of labor and 

INDUSTRIES TO SUSPEND THE APPLICATION OF CERTAIN 
LABOR LAWS. 

Be it enacted, etc., as follows: 

The commissioner of labor and industries is hereby au- 
thorized, in conformity Mith Article XX of Part the First 
of the Constitution of the Commonwealth, to suspend until 
July first, nineteen hundred and fifty-one, 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 prohibit- 
ing the employment of women or minors, or both. The com- 
missioner 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 provision of such 
laws, rules or regulations. Suspensions issued by the com- 
missioner shall prescribe, and may be either granted or limited 
to, one or more particular departments, operations or occu- 
pations within an establishment, or a particular industry or 
branch of an industry. The commissioner shall appoint 
industry advisory committees, on which employers and em- 
ployees shall be equall}^ represented, to consult and advise 
with him in matters relating to the suspensions authorized 
by this section. Approved March 6, 1950. 

Chap. 169 An Act with reference to debt incurred by fire, 

WATER, LIGHT AND IMPROVEMENT DISTRICTS. 

Be it enacted, etc., as follows: 

Edo.lJ.^g, Section 9 of chapter 44 of the General Laws, as most re- 
etc, amended, ccntly amended by section 5 of chapter 298 of the acts of 
1947, is hereby further amended by adding at the end of 
onimfuin'o'Ii ^^6 ^^'^^ paragi-aph the following sentence : — The limitation 
contained in the first paragraph of section seven shall be 
applicable to loans authorized by fire, water, light and im- 
provement districts for purposes provided under section 
seven. Approved March 6, 1950. 



Acts, 1950. — Chaps. 170, 171, 172, 173. 103 

An Act repealing certain provisions of law relative QJidy 170 

TO TEMPORARY LOANS BY FIRE, WATER, LIGHT AND IM- 
PROVEMENT DISTRICTS. 

Be it enacted, etc., as follows: 

Section 70 of chapter 48 of the General Laws is hereby Repeal, 
repealed. Approved March 6, 1950. 

An Act reviving new deal associates of east boston, (Jfidy ^7]^ 

MASS. 

Be it enacted, etc.. as follows: 

New Deal Associates of East Boston, Mass., a corporation 
dissolved bj'' decree of the supreme judicial court on April 
twenty-sixth, nineteen hundred and fortj^-four, is hereby re- 
vived with the same powers, duties and obligations as if said 
decree had not been entered. Approved March 6, 1950. 



An Act further regulating the appointment of assist- 
ant registrars of voters. 



Chap.172 



Be it enacted, etc., as follows: 

Section 22 of chapter 51 of the General Laws, as most g l. (Ter. 
recently amended b.y section 18 of chapter 453 of the acts of etc!, 'amended. 
1943, is hereby further amended by striking out, in line 4, the 
words " , as nearly as may be,", ■ — so as to read as follows: 
— Section 22. The registrars in cities and to\vns may ap- Assistant 
point assistant registrars for the term of one ,year. beginning ap^po-n'^jn^'ent 
with April first, unless sooner removed by the registrars, and etc. 
they shall equally represent the different political parties. 
A.ssi&tant registrars shall be subject to the same obligations 
and penalties as registrars. Registrars may remove an 
assistant registrar, and may fill a vacancy for the remainder 
of the term. Registrars may also appoint temporary assist- 
ant registrars from time to time to assist in the listing of 
persons twenty years of age or over. Except in Boston, 
persons appointed to serve temporarily as assistant regis- 
trars, or as temporary assistant registrars, shall not be sub- 
ject to chapter thirty-one. Approved March 6, 1950. 

An Act to limit liabilities which may be incurred by QhQj) 173 

FIRE, water, light AND IMPROVEMENT DISTRICTS. ^' 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 31 A, inserted by section 1 of chapter fsis.^addlcL 
473 of the acts of 1941, the following section: — Section 31 B. Application 
The provisions of section thirty-one, so far as apt, shall provi'sions. 
apply to fire, water, light and improvement districts and 
the water commissioners or prudential committee, as the 
case may be, shall act in place of the members of thr city 
council or the selectmen. Approved March 6, 1950. 



104 Acts, 1950. — Chaps. 174, 175, 176. 



Chap.174: An Act providing that the fire department of the 

CITY OF HOLYOKE SHALL PAY AN ANNUAL RENTAL FOR 
THE USE OF WATER USED BY SAID DEPARTMENT. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 319 of the acts of 1901 is hereby 
amended by striking out section 4, as most recently amended 
by chapter 109 of the acts of 1922, and inserting in place 
thereof the following section : — Section 4- The board of 
water commissioners is also hereby authorized and directed 
to collect from the fire department an annual rental, not 
exceeding twenty-four dollars for each public fire hydrant. 
This rental shall include the cost of all water used by the 
fire department for fire or other purposes, including the 
cost of furnishing and maintaining the hydrants. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the city of Holyoke, subject 
to the provisions of its charter; provided, that such ac- 
ceptance occurs prior to December thirty-first in the current 
year. Approved March 6, 1950. 

Chap.175 An Act authorizing the clerk of the district court 

OF western HAMPDEN TO ADJUST HIS BOOKS ON ACCOUNT 
OF MONEY STOLEN FROM HIS OFFICE. 

Be it enacted, etc., as follows: 

The clerk of the district court of western Hampden is 
hereby authorized to adjust his accounts by deducting from 
his cash book receipts of money due the county, the sum of 
twenty-one dollars, being the amount stolon in a burglary 
during the night of June twenty-ninth, nineteen hundred 
and forty-nine. Approved March 6, 1950. 

Chap. 17Q An Act to enable the barnstable county commissioners 

TO reconstruct AND RE-EQUIP THE COUNTY FARM BARN 
IN BARNSTABLE. 

Be it enacted, etc., as follows: 

The county commissioners of Barnstable county are 
hereby authorized to reconstruct and re-equip the county 
farm barn in Barnstable, which barn and equipment were 
destroyed by fire on October tenth, nineteen hundred and 
forty-nine, and, for said purposes, may raise and expend a 
sum not exceeding eight thousand dollars, which sum shall 
be included as a part of the county tax for said county of 
Barnstable for the current year. Approved March 6, 1950. 



Acts, 1950. — Chaps. 177, 178, 179. 105 



An Act relative to the designation of two assistant Qhnj) 177 

REGISTRARS OF VOTERS TO PERFORM FUNCTIONS OTHER- ^' 

WISE DEVOLVING UPON A SINGLE REGISTRAR. 

Be it enacted, etc., as follows: 

Soction 24 of chapter 51 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by strilving fnJnded^ ^^' 
out, in Une 3, the words ", so far as practicable,", — so as 
to read as follows: — Sectio7i 24- The registrars may cause Powers and 
the duties devolving upon a single registrar to be performed ^^^''^^' «*"■ 
by one or two assistant registrars, and, if two are desig- 
nated for such duties, they shall be of different political 
parties. The registrars shall make suitable regulations 
governing the assistant registrars, whose doings shall be 
subject to their revision and acceptance. 

Approved March 6, 1950. 

An Act reviving malden frauen verein sheltering />;,^^ 170 

SOCIETY, inc. for THE PURPOSE OF SELLING AND CON- P-i'O 

VEYING CERTAIN PROPERTY AND DISTRIBUTING THE 
PROCEEDS THEREOF. 

Whereas, The deferred operation of this act would delay Emergency 
the conveyance of certain property by the corporation P'^eambie. 
revived thereby and it is essential that such convej^ance 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 convonience. 

Be it enacted, etc., as follows: 

Maiden Frauen Verein Sheltering Society, Inc., a corpo- 
ration dissolved by decree of the supreme judicial court on 
October eleventh, nineteen hundred and forty-four, is hereby 
revived and continued for a period of two years from the 
effective date of this act for the sole purpose of selling and 
conveying title to certain property situated in the city of 
Maiden, and of performing any and all other acts incidental 
or necessary for the conveyance of a good title to said real 
estate, and of distributing the proceeds of said sale among 
those entitled thereto. Approved March 6, 1950. 



An Act extending the time during which veterans 

OF W^ORLD war II SHALL BE ELIGIBLE IN CERTAIN CASES 
TO TAKE CIVIL SERVICE EXAMINATIONS NOTWITHSTANDING 
ANY AGE REQUIREMENTS. 



Chap.179 



Whereas, The deferred operation of this act would tend Emergency 



to defeat its purpose, which in part, is to make its provision 
apply to veterans of World War II 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: 

Section 1 of chapter 440 of the acts of 1945 is hereby 



preamble. 



106 Acts, 1950. — Chaps. 180, 181. 

amended by striking out, in line 3, the word "three" and 
inserting in place thereof the word : — five, — so as to read 
as follows: — Section 1. No veteran, as such term is defined 
in section twenty-one of chapter thirty-one of the General 
Laws, shall, for a period of five years after the date of his 
honorable discharge from the military or naval service of 
the United States, be disqualified by reason of age from 
taking an examination under said chapter for any particular 
position, if at the time of his entry into such service he was 
of proper age to qualify for such examination, any provision 
of law or rule establishing an age limit to the contrary not- 
withstanding. Approved March 6, 1950. 

Chap. 180 An Act authorizing the town of winchendon to bor- 
row MONEY FOR WATER SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of extending its water mains, 
establishing additional pumping works and improving and 
enlarging its water distributing facilities within its territorial 
limits and those of the town of Ashburnham, the town of 
Winchendon may borrow, from time to time within five 
years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, one hundred and 
fifty thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Winchendon Water 
Loan, Act of 1950. Each authorized issue shall constitute 
a separate loan, and such loans shall be paid in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be within the statutory limit, but shall, 
except as herein provided, be subject to chapter forty-four 
of the General Laws. 

Section 1A. 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. 

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

Approved March 6, 1950. 

ChaV.lSl ^^ ^^^ PROVIDING FOR THE CREATION OF A DEVELOPMENT 
AND INDUSTRIAL COMMISSION FOR THE CITY OF HAVER- 
HILL. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law to the contrary, the city of Haverhill may 
appropriate for a period of two years, commencing in the 
current year, a sum not exceeding ten thousand dollars for 
the purpose of creating a development and industrial com- 
mission for the promotion and development of the industrial 
resources of said city. The commission shall conduct re- 



Acts, 1950. — Chaps. 182, 183. 107 

searches into industrial conditions and shall seek to co- 
ordinate the activities of iinofiicial bodies organized for said 
purposes, and may advertise, prepare, print and distribute 
books, maps, charts and pamphlets which in its judgment 
will further the purposes for which it is created. In carrying 
out the provisions of this act the commission may appoint 
such experts, clerks and employees as it may require; pro- 
vided, that said appointees shall not be subject to the 
provisions of chapter thirty-one of the General Laws. 
IVIembers of the commission or its authorized agents may 
travel within or without the commonwealth for the purpose 
of carrying out the provisions of this act. Appointments 
and money expended hereunder shall be under the direction 
of the mayor and aldermen in accordance with its charter. 
Section 2. This act shall take effect upon its passage. 

Approved March 6, 1950. 

An Act authorizing the several counties to incur Phn^ i co 

OBLIGATIONS INCIDENTAL TO THE MAKING OF COPIES OF ^' 

INSTRUMENTS IN THE REGISTRIES OF DEEDS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make possible forthwith the p''^'^"'^^'^- 
commencing of the making of microphotographic process 
copies of all books in the several registries of deeds, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of chapter thirty-five of 
the General Laws, the several counties are hereby authorized 
to incur obligations incidental to carr3dng out the provisions 
of chapter three hundred and ninety-five of the acts of nine- 
teen hundred and forty-nine which requires the making of 
microphotographic process copies of all record books, 
certificates of title and other instruments in the registries of 
deeds, in anticipation of the passage of the county appropri- 
ations therefor. Approved March 6, 1950. 

An Act relative to the cost of construction of sewer- nhn^ i qq 

AGE WORKS FOR THE SOUTH ESSEX SEWERAGE DISTRICT. ^' 

Be it enacted, etc., as follows: 

Section 3 of chapter 431 of the acts of 1945, as amended 
by chapter 168 of the acts of 1948, is hereby further amended 
by striking out the first sentence and inserting in place thereof 
the following sentence: — The cost of construction and other 
work authorized under this act shall not exceed the sum of 
seven hundred thousand dollars. 

Approved March 6, 1950. 



108 Acts, 1950. — Chap. 184. 

Chap. 184: An Act authorizing the town of coh asset to establish 

A wire department. 

Be it enacted, etc., as follows: 

Section 1. The town of Cohasset may provide by vote 
or by by-law for a wire department; to be established under 
the direction of the selectmen, who shall annually appoint an 
inspector of wires to be known as the superintendent of 
wires, and such other assistants as they deem necessary, and 
fix their compensation in an amount not in the aggregate 
exceeding the annual appropriation therefor. The superin- 
tendent of wires shall be in immediate control of all town 
property used by said department, subject to superior con- 
trol and orders by the selectmen. 

Section 2. Said superintendent of wires shall have the 
supervision and management of the erection and mainte- 
nance of all wires 0A\Tied by the towTi, including, notwith- 
standing the provisions of section forty-two of chapter forty- 
eight of the General Laws, the fire alarm system, police 
electrical and telephone systems and traffic signal lights, the 
apparatus, machinery and other property connected there- 
with, and the posts and other supports erected or owned by 
the town. He shall have and exercise the powers and duties 
of inspector of wires as provided by chapter one hundred and 
sixty-six of the General Laws. He shall supervise the erec- 
tion of all poles, posts, supports, electrical equipment, ma- 
chinery and other electrical equipment and appliances re- 
quired by the town in all departments, and shall see that 
the same are maintained in good order and condition. He 
shall have the supervision of all street lamps installed by order 
of the selectmen and attend to all complaints arising from 
lack of service by any light, and shall see that schedule service 
is maintained and report to the supplier any lack of same. 

Section 3. Except as herein otherwise provided, all ex- 
isting provisions of law applicable to inspectors of wires, 
shall apply to the inspector of wires herein provided for, and 
said town is hereby authorized to adopt reasonable by-laws 
for the enforcement of the provisions of this act. 

Section 4. The authority of the chief of the fire depart- 
ment of said town as to the fire alarm system and the main- 
tenance and repair thereof under section forty-tw^o of chap- 
ter forty-eight of the General Law^s shall cease upon the 
estabhshment of said wire department. 

Section 5. This act shall take full effect upon its accept- 
ance by a majority of the voters of the town of Cohasset at 
any town meeting called within two years after its passage, 
and so much of the action taken, or to be taken, by said 
town at its annual meeting in the current year in pursuance 
of article 36 of the warrant therefor as would be or have been 
valid had this act been in force when the warrant for said 
town meeting was closed or posted, shall be valid and legal 
and is hereby ratified, confirmed and validated. 

Approved March 6, 1950. 



Acts, 1950. — Chap. 185. 109 



An Act providing for certain improvements at the Qhav 185 

BARNSTABLE COUNTY SANATORIUM. ^' 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Barnstable county sana- 
torium are hereby authorized to expend sums, not exceeding 
in the aggregate seven hundred and fifty thousand dollars, 
for the purpose of constructing, originally furnishing and 
equipping additions to the hospital building, a staff house, 
an administration building and quarters for the help, and 
for the purpose of remodeling the present administration 
building and making certain changes and improvements in 
the heating system, utihties, or other facilities, and for pro- 
viding for certain contingencies in connection therewith. 
Any sums received from the federal government under 
Pubhc Law 725 (79th Congress) and Public Law 380 (81st 
Congress) for the purposes of this act and from the sale of 
securities held by the county of Barnstable in the post-war 
rehabilitation fund established under authority of chapter 
five of the acts of nineteen hundred and forty-three, shall be 
included in and considered a part of the total amount of the 
expenditures authorized under this section. 

Section 2. The county commissioners of Barnstable 
county are hereby authorized to sell bonds in the amount of 
one hundred and forty-seven thousand dollars, plus any ac- 
cumulated interest now held in the post-war rehabilitation 
fund established under the provisions of chapter five of the 
acts of nineteen hundred and forty-three. The proceeds of 
such sale shall be used for the purposes set forth in section 
one of this act. 

Section 3. To provide funds for the purposes of this 
act, the treasurer of Barnstable county, with the approval of 
the county commissioners, may borrow from time to time on 
the credit of the county such sums, not exceeding, in the 
aggregate, three hundred and fifty-four thousand dollars, as 
may be necessary, and may issue bonds or notes therefor, 
which shall bear on their face the words, Barnstable County 
Sanatorium Loan, Act of 1950. 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 may sell said securities at public or private sale 
upon such terms and conditions as said county commissioners 
may deem proper, but not for less than their par value. In- 
debtedness incurred under this act shall, except as herein pro- 
vided, be subject to chapter thirty-five of the General Laws. 

Section 4. The county treasurer of said county, with 
the approval of the county commissioners, may from time 
to time make temporary loans in anticipation of the serial 
loan authorized by section three in such sums as may be 
necessary but not exceeding, in the aggregate, three hundred 



of certificate. 



110 Acts, 1950. — Chaps. 186, 187. 

and fifty-four thousand dollars, and may issue notes of the 
county therefor payable in not more than one year from their 
date or dates of issue. 

Section 5. 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 count}^ of Barnstable, 
but not otherwise. Approved March 6, 1950. 

Chap. ISQ An Act further regulating the transfer of common 

CARRIER RIGHTS ISSUED BY THE DEPARTMENT OF PUBLIC 
UTILITIES. 

Be it enacted, etc., as follows: 

Ed^'iMB '^^^ ^^^^ paragraph of section 11 of chapter 159B of the 

§11,' etc., ' General Laws, as most recently amended by section 1 of 
amended. chapter 616 of the acts of 1948, is hereby further amended by 

striking out, in line 15, the words "or permit" and inserting 
in place thereof the words : — containing authority'' similar 
to that so transferred, or any permit, — so that said para- 
Transfex, etc., graph will read as follows: — Any irregular route certificate 
or any permit may be wholly assigned and transferred, and 
an}'' regular route certificate or hcense may be assigned and 
transferred in whole or in part, with the approval and con- 
sent of the department after public notice in the manner pro- 
vided in paragraph (6) of section three and a public hearing 
at which the proposed transferee shall have established to 
the satisi action of the department his willingness, fitness and 
ability to perform or furnish transportation for compensa- 
tion under such certificate, permit or license and under this 
chapter; provided, however, that no certificate and no per- 
mit shall be transferred except in connection wth the bona 
fide sale to the transferee of the business of the transferor, 
who shall not thereafter for the period of at least one year 
hold any certificate containing authority similar to that so 
transferred, or any permit. Approved March 6, 1950. 

Chap. 1S7 An Act providing that copies of contracts of contract 

CARRIERS OF PROPERTY BY MOTOR VEHICLE, FILED WITH 
THE DEPARTMENT OF PUBLIC UTILITIES, SHALL BE OPEN TO 
PUBLIC INSPECTION. 

Be it enacted, etc., as follows: 

Ed.K iSb", § 7, Paragraph (a) of section 7 of chapter 159B of the General 
etc., 'amended. ' Laws, as amended by chapter 171 of the acts of 1939, is 
hereby further amended by striking out, in line 13, the words 
"but not" and inserting in place thereof the words: — and 
shall be, — so that the second sentence will read as follows: 
urc\8'of'c"e'r"tain — The pciiod of time during which such contract shall be 
^.^"'.^JlifLi'j *^ force, the charges for transportation and accessorial serv- 
ice, if any, and the duties and obligations of all parties 
thereto, shall be specifically stated therein, and said copies 
shall be kept on file in the department, and shall be open to 
public inspection. Approved March 6, 1950. 



public record. 



Acts, 1950. — Chaps. 188, 189, 190. Ill 



An Act repealing an act providing for the payment (^/^qt) ^gg 

BY the commonwealth TO THE UNITED STATES OF AMERICA 
OF A PORTION OF THE PROCEEDS OF SALES OF STATE FOREST 
PRODUCTS RESULTING FROM OPERATIONS OF THE CIVILIAN 
CONSERVATION CORPS. 

Be it enacted, etc., as follows: 

Chapter 94 of the acts of 1941 is hereby repealed. 

Approved March G, 1950. 



Chap. 189 



An Act relative to the filing of rates by common 
carriers of property by' motor vehicle. 

Be it enacted, etc., asfolloivs: 

Section 3 of chapter 159B of the General Laws is hereby g. l. (Ter. 
amended by striking out paragraph (d), as appearing in ^tc.!'amended^' 
section 1 of chapter 483 of the acts of 1938, and inserting 
in place thereof the following : — 

((/) If it shall appear to the department, after a hearing. Filing of rates 
that any regular route or irregular route common carrier carrTersTegu- 
has failed to file, before the expiration of thirty days after '''*^«'^- 
the notice to so file, rates covering his operations to all 
points covered by his certificate, or at any time thereafter, 
has failed for a period of not less than thirty consecutive 
days to keep on file rates, covering all such operations, his 
rights thereto, to the extent of his failure to file or keep on 
file rates as herein set forth, shall be forfeited and the de- 
partment shall reissue his certificate subject to the resulting 
limitations. Approved March 6, 1950. 



An Act authorizing the town of Greenfield to appro- 
priate MONEY TO provide FACILITIES FOR THE HOLDING 
IN SAID TOWN OF THE ANNUAL REUNION OF ONE HUNDRED 
AND FOURTH INFANTRY UNITED STATES VETERANS ASSO- 
CIATION. 

Be it enacted, etc., as follows: 

Section 1. The town of Greenfield may appropriate a 
sum not exceeding fifteen hundred dollars for the purpose 
of providing proper facilities for public entertainment at 
the time of the annual reunion of One Hundred and Fourth 
Infantry United States Veterans Association to be held in 
said to^^Tl during the year nineteen hundred and fifty, and 
of paying the expenses incidental to such entertainment. 

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. 

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

Approved March 8, 1950. 



Chap.190 



112 Acts, 1950. — Chaps. 191, 192, 193. 



Chap. 191 An Act relative to non-profit hospital service cor- 
porations. 

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

to defeat its purpose, which is to make the provisions con- 
tained therein immediately effective, therefore it is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

EdYiJsA §3 Section 3 of chapter 176A of the General Laws, as most 
etc., 'amended. ' rcccntly amended by section 1 of chapter 403 of the acts 
of 1947, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following: — 
fsfration™'"" "^3' Corporation subject to this chapter may contract with 
business of corporatious formed under chapter one hundred and seventy- 
hMpftal^service six B or ouc huudrcd and seventy-six C for the joint admin- 
corporations. istratiou of their business and may enter into reciprocal 
arrangements with other financially sound non-profit hospi- 
tal service corporations organized in other jurisdictions to 
provide hospital service benefits for subscribers residing or 
employed in the commonwealth and their dependents which 
subscribers are employed by mercantile or manufacturing 
organizations transacting business in the commonwealth 
and elsewhere. 

Nothing in this section shall be interpreted to permit 
unfair discrimination between subscribers enrolled under a 
reciprocal agreement and other subscribers. 

Approved March 8, 1950. 



Chap. 192 An Act relative to the board of registration in vet- 
erinary medicine and appointments thereto. 

Be it enacted, etc., as follows: 

G- L. (Ter. Scction 26 of chapter 13 of the General Laws, as appear- 

amendecl. '' iug in the Tercentenary Edition, is hereby amended by 
striking out, in lines 4 and 5, the words "recognized by the 
American Veterinary Medical Association" and inserting in 
place thereof the words : — and licensed to practice veteri- 
nary medicine under the laws of the commonwealth. 

Approved March 8, 1950. 



Chap. 19^ An Act relative to the contents of voting lists. 

Be it enacted, etc., as follows: 

Ed)'.'5Tr§ 55. Section 55 of chapter 51 of the General Laws, as amended, 

etc., 'amended! is hereby further amended by inserting after the word 

"day", in line 7, as appearing in section 29 of chapter 453 

of the acts of 1943, the words: — , and his party enrolment. 

Approved March 8, 1950. 



Acts, 1950. — Chaps. 194, 195. 113 

An Act relative to jurisdiction and venue in the C/iap. 194 

CASE OF CERTAIN VIOLATIONS UNDER THE LAW REGU- 
LATING CARRIERS OF PROPERTY BY MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

The second paragraph of section 21 of chapter 159B of e'i^' {^ij^ 
the General Laws, as appearing in section 1 of chapter 483 §21,' etc., ' 
of the acts of 1938, is hereby amended by inserting after '^""'""' 
the word "business", in hne 8, the words: — , or in the 
county or district wherein the violation occurred, — so as 
to read as follows : — 

Any such person, organization or body pohtic may file Jurisdiction 
with the department a complaint of any such violation, oasL^'^f'wrtain 
and the department shall promptly investigate such com- violations. 
plaint, and may hold a hearing on the question ol revoca- 
tion of the certificate, permit or license of any motor carrier, 
broker or interstate licensee complained against and may 
institute in any court of the commonwealth in the county 
or district wherein the carrier shall have a place of business, 
or in the county or district wherein the violation occurred, 
such action, suit or complaint as may be necessary to enforce 
compliance with any provision of this chapter or any rule, 
regulation or order of the department thereunder, or any 
lawful requirement, condition, limitation or restriction con- 
tained in any certificate, permit or license. 

Approved March 8, 1950. 

An Act authorizing the town of brlmfield to borrow Chav.195 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing an addition 
to an existing school building and originally furnishing and 
equipping said addition, the town of Brimfield 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, thirty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Brimfield School Loan, Act of 
1950. 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 1A. 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. 

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

Approved March 9, 1950. 



114 Acts, 1950. — Chaps. 196, 197. 



Chap.lQQ An Act relative to the control of maquan pond in the 

TOWN OF HANSON. 

Be it enacted, etc., as follows: 

Section 1. The town of Hanson, through its board of 
selectmen, may from time to time make rules and regulations 
as to the erection, maintenance and control of all public 
bath houses on the shores of Maquan pond in said town. 

Section 2. The selectmen of said town may from time 
to time make rules and regulations governing fishing, boat- 
ing, bathing, skating and other recreational activities in or 
on Maquan pond in said town. Such rules and regulations 
relative to fishing shall be subject to the approval of the divi- 
sion of fisheries and game of the state department of con- 
servation, and such other rules and regulations shall be sub- 
ject to the approval of the state department of public works, 
and when so approved shall have the force of law. 

Section 3. Any police officer of said town may patrol 
any part of the waters of said pond and shall have authority 
to arrest any person violating any law of the commonwealth 
in, on or adjacent to the waters of said pond or violating any 
rule or regulation established under this act. 

Section 4. The violation of any rule or regulation es- 
tablished under this act shall be punished by a fine of not 
more than twenty dollars. 

Section 5. Nothing in this act shall be construed to 
abridge the powers and duties of said department of public 
works under chapter ninety-one of the General Laws. 

Section 6. This act shall take effect upon its passage. 

Approved March 9, 1950. 

Chap. 1^1 An Act to incorporate the roman catholic bishop of 

WORCESTER AND HIS SUCCESSORS A CORPORATION SOLE, TO 
HOLD AND MANAGE CERTAIN PROPERTY FOR RELIGIOUS AND 
CHARITABLE PURPOSES. 

^reambie''^ ir/iereas, The deferred operation of this act would tend 

to defeat one of its principal purposes, which is to make its 
provisions effective without delay, 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: 

Section 1. The present Roman Catholic bishop of the 
diocese of Worcester and his successors in office shall be and 
are hereby made a body politic and corporation sole, under 
the name of the Roman Catholic Bishop of Worcester, and 
by that name the said bishop and his successors in office 
shall be known, and shall hereafter have succession, with 
all the powers, rights and privileges prescribed, and subject 
to all the liabiliti(^s and limitations imposed by the General 
Laws. In the event of a vacancy in the office of bishop, 
owing to the decease of an incumbent, or should any bishop 



Acts, 1950. — Chap. 197. 115 

in said office be or become incapacitated from performing 
his duties therein, then the person regularly appointed ad- 
ministrator of said diocese shall, while his appointment as 
such administrator continues, have the same powers as are 
by this act conferred upon the Roman Catholic bishop of 
said diocese; but no person shall succeed to, or have, enjoy 
or administer any of the rights, privileges, powers or fran- 
chises herein granted or provided for, who is not a citizen of 
the United States of America. 

Section 2. Said corporation shall be empowered to re- 
ceive, take and hold, by sale, gift, lease, devise or otherwise, 
real and personal estate of every description, for religious, 
charitable and burial purposes, and to manage and dispose 
of the same for the religious and charitable purposes of the 
Roman Catholic Church, subject to the laws of the common- 
wealth and to the terms of any trust set forth in any bequest, 
devise, deed or conveyance of any such estate, or which may 
now exist or result by implication or force of law, with such 
limitations as may by law govern any such trust, with full 
power, subject to the laws of the commonwealth and to the 
terms of such trusts, to convey the said estate by deed of 
mortgage for the payment of money as well as by deed 
absolute. 

Section 3. The present Roman Catholic bishop of 
Worcester shall, within six months after the passage of this 
act, make, sign and swear to a statement which he shall sub- 
mit to the commissioner of corporations and taxation, set- 
ting forth that he lawfully and regularly holds the office of 
Roman Catholic bishop of Worcester, and that he accepts 
the provisions of this act and will duly conform to them. If 
it appears that the statement has been duly made, signed 
and sworn to, the commissioner shall certify that fact and 
his approval of the statement by his endorsement thereon. 
Such statement shall thereupon be filed by the person mak- 
ing the same, in the office of the secretary of the common- 
wealth, who shall cause the statement, with the endorse- 
ment thereon, to be recorded, and shall thereupon issue a 
certificate to the person making the statement, reciting this 
act, the substance of the statement aforesaid, and that the 
said Roman Catholic bishop of Worcester and his successors 
are legally established as and are made an existing corpora- 
tion, under the name of the Roman Catholic Bishop of 
Worcester, with the powers, rights and privileges, and subject 
to the limitations, duties and restrictions which by law apper- 
tain thereto. The secretary shall sign the same and cause the 
seal of the commonwealth to be thereto affixed, and such cer- 
tificate shall be conclusive evidence of the existence of such 
corporation. He shall also cause a record of such certificate 
to be made^ and a certified copy of such record may be given 
in evidence, with like effect as the original certificate. 

Section 4. Every successor in the office of bishop of 
Worcester, and every person duly appointed to administer 
the office for any cause, shall forthwith make, sign and 



116 Acts, 1950. — Chap. 198. 

swear to a statement, which he shall immediately file in the 
office of the secretary of the commonwealth, setting forth 
that he is a citizen of the United States, that at the time of 
making such statement he lawfully and regularly held the 
office of bishop of Worcester, or the office of administrator 
of the diocese thereof, as the case may be, and that he has 
accepted said office and commenced the duties thereof; and, 
in addition thereto, he shall submit to the secretary of the 
commonwealth his letter of appointment in evidence of his 
being bishop. 

Section 5. Upon the execution and delivery by the Ro- 
man Catholic Bishop of Springfield, incorporated by chapter 
three hundred and sixty-eight of the acts of eighteen hun- 
dred and ninety-eight, to the Roman Catholic Bishop of 
Worcester, incorporated by this act, at any time after the 
issuance by the secretary of the commonwealth of the cer- 
tificate of incorporation referred to in section three, of a 
general conveyance, without particularization as to the 
property or properties therein and thereb}'' conveyed, of all 
the property, real, personal or however otherwise described, 
which is now vested in said Roman Catholic Bishop of 
Springfield and which, according to the laws, rules, customs 
and practises established and maintained by the canon law 
or received traditions of the Roman Catholic Church, belong 
or appertain to the bishop of the newly constituted diocese 
of Worcester or to said diocese, all of said property shall vest 
in said Roman Catholic Bishop of Worcester, but subject to 
the same terms, conditions and limitations upon which the 
particular properties are now held by said Roman Catholic 
Bishop of Springfield. The instrument making said general 
conveyance shall be recorded in the registry of deeds in each 
of the registry districts in said county of Worcester. A state- 
ment executed by and on behalf of the Roman Catholic 
Bishop of Springfield to the effect that any particular prop- 
erty now vested in the Roman Catholic Bishop of Springfield 
has been conveyed to the Roman Catholic Bishop of Worces- 
ter in accordance with the provisions of this section shall be 
conclusive evidence thereof. 

Section 6. The corporation shall be subject to all laws 
of this commonwealth regulating corporations established 
for religious and charitable purposes, requiring them to 
make annual and other returns to the commissioner of cor- 
porations and taxation concerning their condition and 
aff'airs. Approved March IS, 1950. 

Chap.lQS An Act increasing the amount of money that the town 
OF bernardston may borrow for school purposes. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 68 of the acts of 1949 is 
hereby amended by striking out, in line 6, the words "one 
hundred thousand" and inserting in place thereof the words: 
— one hundred and seventy thousand, — so as to read as 



Acts, 1950. —Chaps. 199, 200. 117 

follows: — Sedio7i /. For the purpose of constructing and 
originally equipping- and furnishing a consolidated school 
building, the town of Bernardston may borrow, from time 
to tim(>, 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 thousand dollars, and 
may 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 
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. This act shall take effect upon its passage. 

Approved March 13, 1950. 



C/mp.l99 



An Act to authorize the town of granby to borrow 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section L For the purpose of constructing an addition 
to the Central School building, and originallj^ equipping and 
furnishing said addition, the town of Granby 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 and fifty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Granby School Addition Loan, 
Act of 1950. 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 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 IS, 1950. 

An Act making joseph a. ryan of watertown eligible 

FOR enlistment AND APPOINTMENT AS A STATE POLICE 
officer, NOTWITHSTANDING CERTAIN AGE REQUIREMENTS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeM its purpose, which in part is to provide that the enlist- p''^^'"'''®- 
ment and appointment of the person specified therein may 
be effected without delay, therefore it is hen^by declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

The provisions of section nine A of chapter twenty-two of 
the General Laws which prohibits a person over thirty years 



C/iap.200 



118 Acts, 1950. — Chaps. 201, 202. 

of age from being enlisted for the first time as an officer of 
the division of state poHce shall not prevent the enlistment 
and appointment as such an officer of Joseph A. Ryan of 
Watertown, who passed the mental examination for such 
enlistment held on April ninth, nineteen hundred and forty- 
nine and the physical examination therefor to which he was 
subjected in May of said year, and was appointed as a state 
police trainee and trained at the Massachusetts state police 
training school at Framingham. 

Approved March IS, 1950. 

Chav. 201 An Act authorizing the county commissioners of the 

COUNTY OF PLYMOUTH TO APPROPRIATE AND EXPEND A 
SUM OF MONEY FOR THE EXTERMINATION OF CERTAIN 
PESTS DECLARED TO BE PUBLIC NUISANCES. 

Be it enacted, etc., as foUoios: 

Section 1. The county commissioners of the county 
of Plymouth are hereby authorized to appropriate a sum 
not exceeding two hundred and fifty thousand dollars for 
the extermination of gypsy moths and other pests which 
have been declared to be public nuisances, to be expended 
under the direction of the chief moth superintendent in the 
department of conservation. 

Section 2. For the purpose aforesaid, the county treas- 
urer of said county, with the approval of the count}' com- 
missioners, may borrow, from time to time, on the credit 
of said county, such sums as may be necessary, but not ex- 
ceeding in the aggregate, two hundred and fifty thousand 
dollars, and may issue bonds or notes of the count}^ therefor. 
Each authorized issue shall constitute a separate loan and 
such loans shall be payable in not more than five years from 
their dates. 

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

Approved March 13, 1950. 

Chap.202 An Act to authorize the town of sherborn to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., asfolloius: 

Section 1. For the purpose of constructing and orig- 
inally equipping and furnishing a school building, the 
town of Sherborn ma}'' 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 ag- 
gregate one hundred and seventy-five thousand dollars, 
and may issue bonds or notes of the to^\^l therefor which 
shall bear on their face the words Sherborn School Loan, 
Act of 1950. Each authorized issue shall constitute a 
separate loan and such loans shall be paid in not more 
than twenty years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory 
limit and shall, except as provided herein, be subject to 



Acts, 1950. — Chap. 203. 119 

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 13, 1950. 

An Act to incorporate the Massachusetts universalist QJi^j) 203 

FUND. 

Be it enacted, etc., as follows: 

Section 1. Victor A. Friend, A. Ingham Bicknell, Samuel 
F. Parker, Ernest W. Davis and Chester A. Dunlap, their 
associates and successors, who shall be chosen as hereinafter 
described, are hereby made a corporation by the name of 
IMassachusetts Universalist Fund, with all the powers and 
privileges, and subject to ail the duties, limitations and 
restrictions, set forth in all general laws now or hereinafter 
in force relating to charitable corporations, so far as the same 
are applicable. 

Section 2. Said corporation may establish one or more 
common trust funds for the purpose of furnishing invest- 
ments to itself, to the IMassachusetts Universalist Conven- 
tion, hereinafter referred to as the convention, to any church 
afhhated with the convention, and to any other charitable 
organization, including, without restricting the generality 
of the foregoing, any religious or educational organization, 
which the convention, acting either directly or by its execu- 
tive committee, may approve as suitable to enjoy the privilege 
of so investing. 

Section 3. Interests in such common trust fund or 
funds shall be lawful investments for any part or all of any 
of the funds which said corporation, the convention or any 
such church or approved organization holds for investment, 
either as fiduciary or otherwise; provided, that in the case 
of funds held as fiduciary, such investment will not be incon- 
sistent with any special terms or conditions respecting the 
investment of such funds which may attach thereto in 
particular cases. 

Section 4. Said corporation shall have power to pur- 
chase, acquire, receive, hold in trust or otherwise, and 
manage real and personal property in any amount necessary 
or proper for any of the objects of said corporation, and to 
sell, convey, mortgage or otherwise dispose of any such 
property held by it; provided, that none of its income or 
profits shall ever be divided among its members or used or 
appropriated for other than charitable purposes, including, 
without restricting the generality of the foregoing, religious 
and educational purposes. 

Section 5. The persons named in the first section of 
this act shall be and hereby are constituted the first members 
of said corporation, and they shall hold office until the first 
day of July, nineteen hundred and fifty, and until their 
successors shall be chosen as hereinafter provided. 



120 



Acts, 1950. — Chap. 204. 



Section 6. The terms of the members of said corpo- 
ration first chosen to succeed the persons named in the 
first section of this act shall bescin on the first day of July, 
nineteen hundred and fifty. The by-laws of said corpo- 
ration shall specify the number of members and the terms for 
which they are respectively to be chosen. The members of 
said corporation, other than those named in the first section 
of this act, shall be elected by the executive committee of 
the convention, and said committee shall also fill all vacancies 
occurring in the membership of said corporation; provided, 
that every person elected to membership in said corporation 
shall have been previously nominated by the then members 
thereof. No by-laws made by said corporation shall take 
effect until approved by the executive committee of the 
convention. Except as aforesaid, said corporation shall 
have all power to make bjMaws now or hereafter enjoyed by 
charitable corporations under any and all general laws. 

Approved March 13, 1950. 



G. L. (Ter. 
Ed.), 154, § 8, 
etc., amended. 



Chap. 204: An Act exempting orders for payment of subscriptions 

TO A CHARITABLE CORPORATION, OR PAYMENTS OR CON- 
TRIBUTIONS TOWARD PREMIUMS OR COSTS OF INSURANCE 
OR ANNUITIES, OR PURCHASE OF GOVERNMENT BONDS 
FROM THE OPERATION OF THE LAWS REGULATING ASSIGN- 
MENT OF WAGES AND THE WEEKLY PAYMENT OF WAGES. 

Be it enacted, etc., as follows: 

Chapter 154 of the General Laws is hereby amended by 
striking out section 8, as amended, and inserting in place 
^mpriolirfrom thereof the following section : — Section 8. None of the 
laws regulating foregolug sectious of tliis chapter, nor section one hundred 
wagls.Ttc* ° and forty-eight of chapter one hundred and forty-nine, shall 
be applicable to or control or prohibit the deduction of labor 
or trade union or craft dues or obligations, subscriptions to 
a non-profit hospital service corporation established under 
chapter one hundred and seventy-six A, or to a medical serv- 
ice corporation established under chapter one hundred and 
seventy-six B, or to a charitable corporation, or paATnents 
or contributions of or toward the cost of or the premiums 
on any insurance policy or annuity contract or purchase of 
government bonds, from wages of an employee by an em- 
ployer in accordance with a written request made by the 
individual employee; provided, that no such written re- 
quest, whether recorded or not, except in the case of labor 
or trade union or craft dues, shall be regarded as an assign- 
ment valid against a trustee process. 

Approved March 13, 1950. 



Acts, 1950. — Chap. 205. 121 



An Act regulating agencies conducting day nurseries (Jjiq^t) 205 

AND similar establishments. "^ 

Be it enacted, etc., as follows: 

Chapter 111 of the General Laws is hereby amended by g. l. (Ter. 

TTcI \ 111 

striking out sections 58 to 62, inchisive, and the caption pre- §'§ is to 62, 
ceding section 58, as appearing in the T(M-centenary Edition, "'°- amended. 
and inserting in place thereof the following: — 

AGENCIES GIVING DAY CARE TO CHILDREN. 

Section 58. In sections fifty-eight to sixty-two, inclusive, Definitions, 
"agency giving day care to children" shall mean and include 
any institution or place, whether known as a day nursery, 
nurseiy school, kindergarten, child play school, progressive 
school or pre-school, or under any other name, except a 
Sunday school conducted by a church, not conducted by the 
commonwealth or any city or town, which, for compensation 
or otherwise, receives for temporary custody, with or without 
stated educational purposes, during part or all of the day 
apart from their parents, three or more children under seven 
years of age and not of common parentage, separate and 
apart from their parents and elsewhere than at the home of 
one or more of them during part or all of the day. 

Section 59. No person shall conduct an agency giving License. 
day care to children without obtaining a license from the 
board of health. An application therefor shall be in a form 
prescribed by the said board, and shall be uniform for all 
agencies giving day care to children within the board's juris- 
diction. There shall be attached to the application a state- 
ment, sworn to by the applicant, or by an officer thereof duly 
authorized thereto, containing such information as may be 
required bj^ the board. If in the judgment of the said board 
the said statement or any other evidence submitted in rela- 
tion to the application indicates that the operation of the 
proposed agency giving day care to children will be for the 
public benefit and welfare, a license, in such form as the 
board may prescribe, shall be issued to the applicant. All 
licenses shall expire at the end of the year in which they are 
issued, but may be renevv-'ed annually on application as 
above provided. No license shall be transferred except with 
the approval of the said board. For the issue or renewal of 
each license a fee of one dollar shall be charged. All fees 
shall be paid to the town where the agency giving daj^ care 
to children is situated. 

Section 60. Boards of health shall make rules and regu- ^"^""^J^ °f 
lations, and may revise or change them, in accordance with nfake rides 
which agencies giving day care to children shall be licensed {^^^1'^^'^^^' 
and conducted; and failure to comply with any such rule or 
regulation shall be sufficient cause for revocation of the li- 
cense in the manner provided in section sixty-one. 

Section 61. Boards of health by their authorized agents Boards of 
mg,y visit and inspect any agency giving day care to children inspect!" 



122 Acts, 1950. — Chaps. 206, 207. 

at any time to ascertain whether it is licensed and conducted 
in compliance with law and with the rules and regulations 
made under section sixty. Every agency giving day care to 
children shall so be visited and inspected at least once in 
each year. After thirty days' notice to a licensed agency 
giving day care to children and opportunity to be heard, the 
board of health may, if in its judgment the public interest 
so demands, revoke its license. Every agency giving day 
care to children shall furnish to the said board such reports, 
information and other data as it may require. 
Penalty. Sectiou 62. Whocver establishes, conducts, manages or 

maintains an agency giving day care to children without first 
obtaining a license therefor, or after the revocation of the 
license, or in violation of oxij provision of sections fifty-eight 
to sixty-two, inclusive, or of any rule or regulation made un- 
der section sixty shall be punished by a fine of not less than 
ten nor more than two hundred dollars. If any person con- 
ducting an agency giving day care to children shall be found 
guilty of a violation of any provision of sections fifty-eight 
to sixty-two, inclusive, or of any rule or regulation, in any 
particular relating to the safety of or the accommodations 
for the children, the board of health shall issue an order di- 
recting that such nursery be closed, and remain closed until 
such provision, rule or regulation has been complied with. 

Approved March 13, 1950. 

Chap. 206 An Act relative to tenure of teachers elected for 

VOCATIONAL EDUCATION. 

Be it enacted, etc., as follows: 

Ed^Tpnew Chapter 74 of the General Laws is hereby amended by in- 
§22E, added, scrtiug after section 22D the following section: — Sec- 
^lch^rs°^ ^^''^ ^^^- ^^y school committee or board of trustees for 

elected for vocational education may elect a teacher who has served 
Education' in its public schools for not less than one school year to 
serve at its discretion under the same conditions and sub- 
ject to the same limitations as is provided in sections forty- 
one and forty-two of chapter seventy-one, which sections 
shall also apply to the suspension or discharge of such 
teachers for vocational education. 

Approved March 13, 1950. 



Chap. 201 An Act to authorize domestic insurance companies to 

INVEST IN LOANS UPON IMPROVED AND UNENCUMBERED 
REAL PROPERTY IN THE DOMINION OF CANADA. 

Be it enacted, etc., as follows: 

EdV irr's 63 Section 63 of chapter 175 of the General Laws, as amended, 
etc!, 'amended. ' is hereby further amended by inserting after paragraph 7 the 

following paragraph : — 
oF'^r^iTaTof "^-A- ^^ loans of the same classes as those described in 

domestic in- paragraph seven and subject to the limitations therein ex- 



Acts, 1950. — Chaps. 208, 209. 123 

pressed located in any province of the Dominion of Canada; surance com- 
provided, however, that nothing in this paragraph shall '^''"'•'*' 
authorize a loan in the Dominion of Canada except with 
monies received on insurance issued by the company to 
Canadian policy-holders and investments of the company 
in Canadian securities; and provided, further, that no com- 
pany shall invest in the aggregate an amount in excess of 
five per cent of its reserve liability in loans authorized by this 
provision. Approved March IS, 1950. 



An Act pertaining to clerical and supervisory assist- (Jjidy 208 

ANCE in SUPERINTENDENCY UNIONS. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 53A of chapter 71 of the General EdVyT'^rsa^ 
Laws, as appearing in the Tercentenary Edition, is hereby amended. 
amended by adding at the end the following sentence: — 
The joint committee of any superintendency union may clerical and 
employ clerical and secretarial help, special teachers and hX^nsup^er- 
supervisors, fix the compensation of each person so em- intendency 

union 

ployed and apportion the payment thereof among the several 
towns; and certify the respective shares to the respective 
town treasurers. 

Section 2. This act shall take effect on July first, nine- Effective date, 
teen hundred and fifty. Approved March IS, 1950. 



An Act clarifying a provision of the workmen's com- nh^^ onq 

PENSATION law. ly p. yj 

Be it enacted, etc., as follows: 

Section 73 of chapter 152 of the General Laws, as most g. l. (Xer 
recently amended by section 12 of chapter 379 of the acts etc!, 'amended' ' 
of 1941, is hereby further amended by striking out the first 
two sentences and inserting in place thereof the following 
two sentences : — Any person entitled under section sixty- Election 
nine to receive compensation from the commonwealth or pensationTmi 
from such county, city, town or district, and who is also en- pension. 
titled to a pension by reason of the same injury, shall elect 
whether he will receive such compensation or such pension, 
and shall not receive both, except in the manner and to the 
extent provided by section fourteen of chapter thirty-two. 
A retirement board, for the purposes of the last-mentioned 
section, may prosecute in the name and for the benefit of a 
member or beneficiary of its system or his legal representa- 
tive or any of his dependents, who is or may become entitled 
to a pension under chapter thirty-two, all claims which he 
or they may have for compensation under this chapter, if 
such member, beneficiary, legal representative or dependent 
has failed, or such board is of opinion that he will fail, to 
make or prosecute such claim with reasonable promptness 
and diligence. Approved March IS, 1950. 



124 Acts, 1950. — Chaps. 210, 211, 212. 

Chap.210 An Act prescribing the use of uniform official blanks 

IN CERTAIN district COURTS OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Ed^'2?8"new Chapter 218 of the General Laws is hereby amended by 
§43B, added, inserting after section 43A the following section: — Section 
bianksTn""^*''''' 4^5. In addition to the powers set forth in section forty- 
certain district three A, the committee shall prescribe official forms to be 
courts. ^gg^ jj^ ^11 ^jjg^pjp^ courts, except in the county of Suffolk. 

Such forms and no others shall be used in said courts on 
and after January first, nineteen hundred and fifty-one. 
Forms as prescribed in this section shall be furnished by the 
counties, and it shall be the duty of each clerk to notify the 
county commissioners of his county, on or before December 
first of each year of the probable needs of his office for the 
ensuing year, including an estimate of the quantity of each 
then in his possession. Nothing in this section shall be 
construed as affecting the provisions of section one hundred 
and one A of chapter two hundred and seventy-six. 

Approved March IS, 1950. 

Chap. 211 An Act requiring the treasurer of fire, water, light 

AND IMPROVEMENT DISTRICTS TO BE BONDED. 

Be it enacted, etc., as follows: 

EdV'ir^new Chapter 41 of the General Laws is hereby amended by 
§ i'2i, added, adding after section 120, inserted by chapter 133 of the acts 
Application of of ^949 ^^e followiug secHoTi: — Scctiou 121. The pro- 

provisions of .. ' . ,."^ r ^ r ir 

certain sections, visions of scctiou thirty-tive of Chapter forty-one and of 
section fifty-five A of chapter forty-four, so far as apt, shall 
apply to the treasurer of fire, water, light and improvement 
districts. Approved March 13, 1950. 

Chav.212 An Act authorizing the town of andover to pension 

EUGENE V. LOVELY. 

I^e it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of his long and meritorious serv- 
ice, the town of Andover may pension Eugene V. Lovely, 
who served the town faithfully for thirty-eight years as 
principal of the Punchard High School. The amount of 
such pension per annum shall equal one half the annual 
.salary received by him at the time of his termination of 
service and shall be paid in equal monthly instalments. 

Section 1A. 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. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of said town 
present and voting thereon at a town meeting, but not 
otherwise. Approved March 13, 1950. 



Acts, 1950. — Chap. 213. 125 



An Act making certain changes in the act establishing QJia-p 213 

A TOWN MANAGER FORM OF GOVERNMENT FOR THE TOWN OF 
STONEHAM. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 597 of the acts of 1949 
is hereby amended by striking out, in Hne 3, the word "fifty" 
and inserting in place thereof the word: — fifty-one, — and 
by striking out, in hne 8, the word "even" and inserting 
in place thereof the word: — odd, — so as to read as follows: 

— Section 1 . Upon the acceptance of this act by the town 
of Stoneham, as hereinafter provided, beginning with the 
year nineteen hundred and fifty-one, the regular town elec- 
tion of said town for the purpose of electing town officers, 
in accordance with the provisions of this act, and for the 
submission of questions to the voters of the town, if re- 
quired to be submitted thereat, shall be held biennially on 
the first JNlonday in March in every odd numbered year, 
and shall be considered part of the annual town meeting 
held in that j^ear. All articles in the warrant for any regular 
town meeting to be acted upon and determined otherwise 
than by ballot shall be considered at a town meeting to be 
held annually on the second Monday of March at seven 
thirty o'clock in the evening. 

Section 2. Section 3 of said chapter 597 is hereby 
amended by striking out the fourth sentence. 

Section 3. The last sentence of section 5 of said chapter 
597 is hereby amended by striking out, in line 3, the word 
"fifty" and inserting in place thereof the word: — fifty-one, 

— so as to read as follows : — Upon the election and qualifi- 
cation of the members of the school committee in the year . 
nineteen hundred and fifty-one, the terms of office of the 
members of the then existing committee shall terminate. 

Section 4. The third sentence of section 36 of said chap- 
ter 597 is hereby amended by striking out, in line 2, the 
word "fifty" and inserting in place thereof the word: — 
fifty-one, — so as to read as follows : — 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. 

Section 5. Said chapter 597 is hereby amended by 
striking out section 52 and inserting in place thereof the 
following: — Section 52. Submission of Act and Time of 
Taking Effect. — This act shall be submitted to the qualified 
voters of the town of Stoneham for acceptance at the annual 
election to be held on the first Monday in March, nineteen 
hundred 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 



126 Acts, 1950. — Chap. 214. 

act establishing a Town Manager form of Government for 
the Town of Stoneham', as amended, be accepted?" If this 
act shall be accepted by a majority of the qualified voters 
voting thereon, it shall take effect for the purposes of the 
town election in the year following its acceptance and for 
all things that pertain to said election, and shall take full 
effect upon the election and qualification of the selectmen. 
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. 
If this act is rejected by the qualified voters of the town of 
Stoneham when first submitted to said voters under this 
section, it shall be submitted for acceptance in like manner 
to such voters at the annual town election in said town in 
the year nineteen hundred and fifty-one, and if it is not 
accepted at said annual town election, it shall again be 
submitted for acceptance in like manner to such voters at the 
annual town election in the year nineteen hundred and 
fifty-two, and, if accepted by a majority of such voters 
voting thereon at either of said elections, shall take effect 
as hereinbefore provided. 

Section 6. Section 54 of said chapter 597 is hereby 
amended by striking out, in line 10, the word "annual" 
and inserting in place thereof the word: — biennial, — and 
by inserting before the word "be" in line 16 the words: — , as 
amended, — so that the second and third sentences will 
read as follows : — Thereupon the selectmen shall cause the 
question of revocation of the acceptance to be placed on the 
ballot at the next biennial 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 Stoneham of 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 Stoneham', as amended, be revoked?" 

Section 7. This act shall take effect as of March first 
in the current year. Approved March 13, 1950. 



Chap.214: An Act prohibiting the removal of natural barriers 

CONSISTING OF STONES, GRAVEL, SAND OR OTHER MATE- 
RIAL, WHICH FURNISH PROTECTION AGAINST EROSION BY 
THE SEA. 

'^"^^^e^j^'^y Whereas, The deferred operation of this act would tend 

preamble. , r i-i- ci-ixi 

to defeat its purpose, which is to prevent forthwith the 
erosion of certain property by the sea, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public convenience. 

Be it enacted, etc., as folloios: 

Edo'oi^^new Chapter 91 of the General Laws is hereby amended by 
5 30A, added, inserting after section 30 the following section: — Section 



Acts, 1950. — Chaps. 215, 216. 127 

so A. Whoever removes stones, gravel, sand or other mate- Penalty for 
rial from any natural barrier on land bordering on the sea, barHcrTto 
which barrier furnishes protection to such land and adjacent ^{^3^^°^''^ 
upland against erosion by the sea shall be punished by a 
fine of not more than five hundred dollars. 

The superior court shall have jurisdiction in equity to 
enforce the provisions of this section. A petition for such 
enforcement may be filed by the attorney general, the 
selectmen of the town or the mayor of a city in which such 
barrier is located, or any person who may suffer damage in 
his property by such removal. Approved March 15, 1950. 

An Act authorizing the installation, maintenance Qfia'p.215 

AND OPERATION OF AUTOMATIC SIGNALS AT GRADE CROSS- 
INGS IN THE TOWN OF ADAMS. 

Be it enacted, etc., as follows: 

The department of public utilities is hereby authorized 
to order the Boston and Albany Railroad to install, main- 
tain and operate automatic signals at the grade crossing 
located at Harmony street in the town of Adams and at 
the grade crossing located at School and Hoosac streets in 
said town. The cost of installing, maintaining and operat- 
ing said automatic signals shall be borne by said Boston and 
Albany Railroad. Approved March 15, 1950. 

An Act relative to certain contracts entered into njiQj) 216 

ON BEH.\LF of the city of BOSTON AND THE COUNTY ^' 

OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 418 of the acts of 1890, 
as amended by section 2 of chapter 156 of the acts of 1939, 
is hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentence : — 
All contracts made by any department of the city of Boston 
or by any officer, board or official of the county of Suffolk 
having power to incur obligations on behalf of said county 
in cases where said obligations are to be paid for wholly 
from the treasury of the city of Boston, shall, w^hen the 
amount involved is one thousand dollars or more or when 
the contract comes wdthin section thirty of chapter four 
hundred and eighty-six of the acts of nineteen hundred and 
nine, as amended, be in writing, and no such contract shall 
be deemed to have been made or executed until the approval 
of the mayor of said city has been affixed thereto in writing 
and the auditor of said city has certified thereon that an 
appropriation is available therefor or has cited thereon the 
statute under authority of which the contract is being 
executed without an appropriation. 

Section 2. This act shall take effect on July first, nine- 
teen hundred and fifty. Approved March 15, 1950. 



128 Acts, 1950. — Chaps. 217, 218, 219. 



Chap.217 An Act authorizing the payment of salaries to the 

ALDERMEN AND THE COMMON COUNCILMEN OF THE CITY 
OF MALDEN. 

Be it enacted, etc., as follows. • 

Section 1. The city council of the city of Maiden may, 
by joint ballot in convention, establish a salary for the 
members of the board of aldermen, not exceeding seven 
hundred and fifty dollars each, and for the members of the 
common council, not exceeding five hundred dollars each. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Maiden at the biennial 
state election in the current year in the form of the following 
question which shall be placed upon the official ballot to be 
used in said city at said election: — "Shall an act passed 
by the general court in the current year entitled "'An Act 
authorizing the payment of salaries to the aldermen and 
the common councilmen of the city of Maiden', be ac- 
cepted?" If a majority of the votes in answer to said 
question is in the affirmative, this act shall take full effect 
on the first Monday of January, nineteen hundred and 
fifty-one; otherwise it shall be of no effect. 

Approved March 15, 1950. 

Chap.21S An Act relative to the tenure of office of the pres- 
ent deputy election commissioner of the city of 
somerville. 

Be it enacted, etc., as follows: 

Section 1. The present deputy election commissioner of 
the city of Somerville shall hold office continuously during 
good behavior unless incapacitated by physical or mental 
disability from performing the duties of the office; pro- 
vided, however, that the board of aldermen may, subject to 
the provisions of law governing the removal of civil service 
employees, remove him. Any appointment to said office 
made subsequent to the effective 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-one. Approved March 15 ^ 1950. 

Chap.219 An Act authorizing the placing of the office of chief 
OF police of the town of w^estborough under the 
civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Westborough shall, upon the effective date of this act, be- 
come subject to the civil service laws and rules relating to 



Acts, 1950. — Chaps. 220, 221. 129 

police officers in towns, and the tenure of office of any in- 
cumbent thereof shall be unlimited, subject, however, to 
said laws and rules, but the person holding said office on 
said effective date shall continue to serve therein only until 
the expiration of his term of office unless prior thereto he 
passes a qualifying examination to which he shall be sub- 
jected by the division of civil service. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of said town 
voting thereon at a town meeting called for the purpose, but 
not otherwise. Approved March 15, 1950. 



Chap.220 



An Act relative to benefits under the workmen's 
compensation law in the case of employees in the 
granite industry contracting silicosis or other oc- 
cupational pulmonary dust disease. 

Be it enacted, etc., as follows: 

Chapter 152 of the General Laws is hereby amended by g. l. (Xer. 
striking out sections 76 to 85, inclusive, as amended, and in- §§"76-8^5^' inc., 
serting in place thereof the following section: — Section 76. f'''^^^^'^% 
The right to and liability for, and the amounts of compensa- § 76, inserted. 
tion payable for, personal injuries arising out of and in the Benefits to 
course of employment in the granite industry and resulting granite in- 
from silicosis or other occupational pulmonary dust diseases contracrcer- 
shall be subject to and governed by sections one to seventy- tain diseases, 
five, inclusive, except that in silicosis cases in the granite 
industry the maximum allowable for total or partial com- 
pensation shall not exceed five thousand dollars. 

Approved March 15, 1950. 



An Act relative to the office of treasurer of the 

TAUNTON female CHARITABLE ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 4 of chapter 115 of the acts of 1829 is hereby 
amended by striking out, in line 2, the word "single-woman" 
and inserting in place thereof the word: — person, — and 
by inserting after the word "to", in line 7, the words: — 
his or, — so as to read as follows: — Section 4- That the 
Treasurer of said society shall always be a person of the age 
of twenty-one years or upwards, and shall give bond, with 
sufficient surety or sureties, to account annually, or oftener 
if required, by said society, or the board of managers, for all 
monies and other property of said society coming to his or 
her hands, and in general to discharge the duties of said 
office with fidelity: and every married woman belonging to 
said society who shall, with the consent of her husband, re- 
ceive any money or other property of the same society shall 
thereby render her said husband accountable therefor to said 
society. Approved March 15, 1950. 



Chap.221 



130 Acts, 1950. — Chaps. 222, 223. 

Chap. 222 An Act further regulating the number of licenses 

THAT MAY BE ISSUED IN CITIES AND TOWNS FOR THE SALE 
OF ALCOHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

EdViIs^in Section 17 of chapter 138 of the General Laws is hereby 
etc., 'amended! amended by striking out the next to the last paragraph, as 
most recently amended by chapter 666 of the acts of 1945, 
and inserting in place thereof the following paragraph : — 
^um'beroT Notwithstanding the provisions hereof, no quota estab- 

licenses for Hshed hereunder for any city or town shall be decreased be- 
hoHc°beye°ages cause of a loss iu population of less than one thousand in- 
dtiw'^lnd habitants, and no licensee shall be refused a renewal of his 

towns. license in any year because of any loss in population as de- 

termined by the national census of the year nineteen hun- 
dred and fifty or by the state census of the year nineteen 
hundred and fifty-five; provided, that if the number of li- 
censes authorized hereunder is required to be reduced as the 
result of the taking of a federal or state census subsequent 
to the year nineteen hundred and fifty, such licenses shall be 
cancelled in inverse order to the order in which they were 
originally granted. Approved March 15, 1950. 



Chap.22S An Act relative to the powers and duties of certain 

FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as follows: 

Ed V 176 "^1 32 Section 32 of chapter 176 of the General Laws, as amended 
etc!, 'amended.' by sectiou 2 of chapter 309 of the acts of 1943, is hereby 
further amended by striking out the last sentence and 
andby-Uw^" inserting in place thereof the following: — The constitution 
and by-laws may prescribe the officers and elected members 
of standing committees, who may be ex officiis directors or 
other officers corresponding thereto, and may, with the 
approval of the commissioner, provide for a system of absent 
voting, other than proxy voting, under which absent mem- 
bers entitled to vote may vote in the election of the officers 
and directors or similar governing body and on the adoption 
of amendments to the constitution and by-laws; provided, 
that the commissioner shall not approve any provision for 
such a system of absent voting unless the society submitting 
such provision for approval satisfies the commissioner that 
absent voting is necessary in order to have an adequate 
representation of the membership of the society at its elec- 
tion; and, provided further, that not less than thirty days 
advance notice with copies of the proposed amendments to 
the constitution and by-laws which are to be balloted upon 
is forwarded to each member of the society; and, provided 
further, that the commissioner is satisfied that the proposed 
absent voting system requires the ballots to be carefully 
guarded against any disclosure of their contents until the 
same have been counted at the central meeting place. 

Approved March 15, 1950. 



Acts, 1950. — Chaps. 224, 225. 131 

An Act providing that certain municipal officers Cha'p.224: 

SHALL not be LIABLE FOR LOSS OF PUBLIC MONEY BY 
REASON OF THE LIQUIDATING OF CERTAIN FEDERAL SAV- 
INGS AND LOAN ASSOCIATIONS. 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 55A, as most recently amended by sec- §'55A^etc., 
tion 2 of chapter 194 of the acts of 1948, and inserting in ^''-'f"''-^'! 
place thereof the following section: — Section 55 A. A city Municipal 
or town officer receiving public money and lawfully and in iiabielor" 



08S 

unds 



good faith and in the exercise of due care depositing the by'li'quidl^L.. 
same in a savings bank or trust company organized under of depository. 
the laws of the commonwealth, a banking company organized 
under the laws of the commonwealth which is a member of 
the Federal Deposit Insurance Corporation, or in a national 
bank doing business in the commonwealth, or, in the case 
of the city of Boston, in accordance with the provisions of 
section fifty-five in a national bank or trust company in the 
city of New York, or in good faith and in the exercise of due 
care purchasing share accounts of a federal savings and loan 
association located in the commonwealth, shall not be per- 
sonally liable to the city or town for any loss of such money 
by reason of the closing up of such depository or federal 
savings and loan association for the liquidation of its affairs. 

Approved March 15, 1950. 

An Act relative to the annual statement of life in- Chap.225 

SURANCE companies. 

Be it enacted, etc., as follows: 

Section 25 of chapter 17.5 of the General Laws, as amended, g^l. (Tbt ^^ 
is hereby further amended by inserting after the word "cor- etc., 'amended.' 
poration" in the last line of the third paragraph following 
line 42, as appearing in the Tercentenary Edition, the 
words: — ; provided, however, that as to employees other 
than officers and directors receiving salary, compensation or 
omoluments amounting in each case to more than five thou- 
sand dollars, but less than ten thousand dollars, in such year, 
only the total of all such amounts and the number of all such 
employees need be included, — so that said third paragraph 
will read as follows : — 

Schedule showing the salaries, compensation and emolu- Annual 
ments, of whatever amount, received during the year cov- ^'^^^^^^t^- 
ered by the statement by the officers and directors, and, 
when said compensation or emoluments amounted to more 
than five thousand dollars, that received by any person, firm 
or corporation; provided, however, that as to employees 
other than officers and directors receiving salary, compensa- 
tion or emoluments amounting in each case to more than 
five thousand dollars, but less than ten thousand dollars, in 
such year, only the total of all such amounts and the number 
of all such employees need be included. 

Approved March 15, 1950. 



132 Acts, 1950. — Chaps. 226, 227, 228. 



Chap.22Q An Act further regulating the licensing of foreign 

FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as folloivs: 

Ed^i7r§4i Section 41 of chapter 176 of the General Laws, as most 
etc!, 'amended. ' recently amended by section 9 of chapter 346 of the acts of 
1945, is hereby further amended b}^ inserting after the word 
"business", in line 8, the words: — and the names and ad- 
dresses of its officers and agents. 

Approved March 15, 1950. 

Chav.227 ^.n Act making a certain person eligible to be ex- 
amined FOR registration AS A QUALIFIED PHYSICIAN. 

Be it enacted, etc., as follows: 

Notwithstanding any contrary provision of law, Irwin 
Robert Jacobson who graduated from a medical school in 
this commonwealth prior to January first, nineteen hundred 
and forty-six, shall be eligible to be an applicant for regis- 
tration 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 pro- 
visions of law relative to such eligibility and examination. 

Approved March 16, 1950. 

Chap.228 ^^ ^^'^ "^^ authorize the town of Randolph 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 junior-senior high school, 
the to^vn of Randolph 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 million dollars, and may issue bonds or notes of the 
town therefor which shall bear on their face the words, 
Randolph School Building Loan, Act of 1950. 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 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 1A. 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. 

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

Approved March 20, 1950. 



Acts, 1950. — Chaps. 229, 230, 231. 133 

An Act relative to certain lines, conduits, cables (7/?aT).229 

AND other equipment OF THE NEW ENGLAND TELEPHONE 
AND TELEGRAPH COMPANY AND THE AMERICAN TELEPHONE 
AND TELEGRAPH COMPANY IN THE CITY OF ATTLEBORO. 

Be it enacted, etc., as follows: 

Section 1. All lines for the transmission of intelligence 
by electricity heretofore acquired or constructed by the 
New England Telephone and Telegraph Company and the 
American Telephone and Telegraph Company in the city 
of Attleboro, upon, over or under the pubhc ways and 
places of said city, and the conduits, cables and other fixtures 
necessary to sustain or protect the wires of said lines and 
actually in place on the effective date of this act, are hereby 
made lawful notwithstanding the lack of any valid locations 
therefor or any informality in the proceedings relative to 
their location and erection; provided, that the validation 
aforesaid shall not be effective as to the hues, conduits, 
cables or fixtures aforesaid of said companies in said city 
unless said companies shall, not later than December thirty- 
first, nineteen hundred and fifty-one, file with the clerk of 
said city a map or maps showing the location and nature 
of said lines, conduits, cables and fixtures in said city, such 
map or maps so filed to be recorded and kept with the records 
of original locations for poles and wires in said city. 

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

Approved March 20, 1950. 



Chap.2S0 



An Act relative to the time within which petitions 
for the assessment of damages to property taken 
by eminent domain may be brought. 

Whereas, The deferred operation of this act would tend p^^Me.^ 
to defeat its purpose, which is to make available at once the 
rights granted therein, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 16 of chapter 79 of the General Laws is hereby g. l. 'Ter. 
amended by adding at the end of the second paragraph, ^tl! 'amended! 
added by section 3 of chapter 251 of the acts of 1943, the 
following sentence: — In no event shall any person have Petition for 
less than one year after the right to damages has vested to ofdamages. 
bring his petition. Approved March 20, 1950. 

An Act relative to the use of fletcher field, so (J^dj) 231 

CALLED, in the TOWN OF FRANKLIN, FOR SCHOOL PUR- ^' 

POSES. 

Be it enacted, etc., as follows: 

The town of Franklin is hereby authorized to use for 
school purposes that portion of Fletcher Field, so called, in 



134 



Acts, 1950. — Chaps. 232, 233, 234. 



said town, now used as a parking area, located on Peck 
street adjacent to said field. 

Approved March 20, 1950. 



Chap. 



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



Penalty for 
failure to 
file certain 
reports. 



232 An Act providing that employers subject to the em- 
ployment SECURITY LAW SHALL BE LIABLE TO A PENALTY 
FOR FAILURE TO FILE CERTAIN REPORTS COVERING WAGES 
OR CONTRIBUTIONS. 

Be it enacted, etc., as follows: 

Subsection (a) of section 15 of chapter 151 A of the Gen- 
eral Laws, as appearing in section 1 of chapter 685 of the 
acts of 1941, is hereby amended by adding at the end the 
following paragraph : — 

If an employer fails to file any report required of him 
with respect to wages or contributions within fifteen days 
from the date on which the director or his agent has mailed 
to him a demand for such report, the director may assess 
upon such employer a penalty of five dollars a day for one 
or more days, but not exceeding the number of days during 
which such employer is in default of his reporting require- 
ment. Approved March 20, 1950. 



Chap.2SS An Act providing for the issuance of fishing licenses 

WITHOUT CHARGE TO BLIND PERSONS. 



G. L. (Ter. 
Ed.), 131, § 8, 
etc., amended. 



No license 
fee to be 
charged to 
certain persons. 



Be it enacted, etc., as follows: 

The last paragraph of clause (1) of section 8 of chapter 
131 of the General Laws, as amended by chapter 265 of the 
acts of 1943, is hereby further amended by adding at the 
end the following: — , or to a person who is blind, — so as 
to read as follows : — 

No fee shall be charged for any license issued under this 
clause to a person over the age of seventy or for a fishing 
license i.ssued thereunder to a person seventy years of age 
or under who is a recipient of old age assistance granted 
under chapter one hundred and eighteen A, or to a person 
who is blind. Approved March 20, 1950. 



Chap.234: An Act relative to the close season on all birds and 

MAMMALS. 



G. L. (Ter. 
Ed.), 131, 
§ .53A, etc.. 
amended. 

Close season 
on birds and 
mammilla dur- 
ing certain 
periods. 



Be it enacted, etc., as follows: 

Chapter 131 of the General Laws is hereby amended by 
striking out section 53A, inserted by chapter 249 of the acts 
of 1948, and inserting in place thereof the following section: 
— Section 53 A. The period from September twentieth to 
October nineteenth, both dates inclusive, of each year shall 
be a close season on all birds and mammals, and during said 
period no person shall hunt or take any bird or mammal nor 
shall he carry on his person any firearm adapted to hunting, 
including an air rifle, in any place where birds or mammals 



Acts, 1950. — Chaps. 235, 236. 135 

might be found; provided, that this section shall not pro- 
hibit an owner or occupant of land from protecting his prop- 
erty as provided in this chapter, nor to prohibit the posses- 
sion or use of said firearm at a recognized ride range or skeet 
or trap field, or the transporting of said firearm to and from 
such range or field if the firearm is dismantled or in a carrying 
case while passing through brushland, woods or fields. This 
section shall not prohibit the hunting of scoter ducks, eider 
ducks or any similar species on open coastal waters when 
permitted by federal regulations and in accordance with a 
prescribed open season, nor the carrying of shotguns for 
same to and from a boat if taken apart or enclosed in a carry- 
ing case, nor the hunting of raccoons or opossums during and 
in accordance with a prescribed open season between the 
hours of one half hour after sunset to one half hour before 
sunrise by the aid or use of dog or dogs; provided, that no 
firearm other than a revolver or pistol not larger than thirty- 
eight calibre is used or possessed. 

Approved March 20, 1950. 

An Act relative to the training of hunting dogs. Chav 235 

Be it enacted, etc., as follows: 

Section 112 of chapter 131 of the General Laws, as appear- g. l. (Ter. 
ing in section 2 of chapter 599 of the acts of 1941, is hereby fti2/e^tc'.. 
amended by striking out the last sentence and inserting in amended. ' 
place thereof the following sentence: — Nothing in this chap- License not 
ter shall be construed to require a person attending or par- training hunt- 
ticipating in such a field trial or such training to secure a '"s dogs, etc. 
sporting or hunting license; provided, that no firearm other 
than a pistol or revolver and blank cartridges are used or 
possessed by such person or persons, and that no birds or 
mammals are taken or killed. Approved March 20, 1950. 

An Act further regulating the manufacture and sale Qfiav 236 

OF ICE CREAM. ^' 

Be it enacted, etc., as follows: 

Section 65G of chapter 94 of the General Laws, inserted Ed^'gl^"^' 
by section 1 of chapter 373 of the acts of 1934, is hereby §'o5g, etc, 
amended by striking out the paragraph defining "Ice cream" ''"'•^'*'^«^- 
and inserting in place thereof the following: — 

"Ice cream", a pure, clean, frozen product made from a 'Ji^^'-ream' 
combination of milk or cream or other milk product, with " 
or without eggs, but with water, sugar, and harmless flavor- 
ing and harmless coloring, and with or without added sta- 
bilizer, in the manufacture of which product freezing has 
been effected with or without agitation of the ingredients. 
It shall contain not more than one half of one per centum 
by weight of stabilizer, not less than ten per centum by 
weight of milk fat, and not less than eighteen and five tenths 
per centum by weight of total milk soHds and shall not 



defined. 



136 



Acts, 1950. — Chap. 237. 



weigh less than four and five tenths pounds net per gallon; 
provided, that when fruit, fruit juices, nuts, coffee, cocoa or 
chocolate, maple syrup, cakes or confections are used for 
the purpose of flavoring, it shall contain not less than ten 
per centum by weight of milk fat and not less than eighteen 
and five tenths per centum by weight of total milk solids, 
except for such reduction in milk fat and in total milk solids 
as is due solely to the addition of such flavoring; but in no 
such case shall it contain less than eight per centum by weight 
of milk fat nor less than sixteen and five tenths per centum 
by weight of total milk solids, and shall not weigh less than 
four and five tenths pounds net per gallon, nor in any case 
less than one and six tenths pounds of total food solids per 
gallon. Approved March 20, 1950. 



Chap. 237 An Act relative to the bonds and mortgages of gas 

OR ELECTRIC COMPANIES. 



G. L. (Ter. 
Ed.). 164, § 13, 
amended. 



Bonds and 
mortgages of 
gas or electric 
companies. 



Be it enacted, etc., as follows: 

Chapter 164 of the General Laws is hereby amended by 
striking out section 13, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section: 
— Section 13. A corporation subject to this chapter may, 
by vote of a majority in interest of its stockholders at a 
meeting called therefor, and subject to the limitations and 
restrictions of the following section, issue bonds, at not less 
than par, to an amount equal to the surplus invested in 
plant plus an amount not exceeding its capital stock actually 
paid in at the time of such issue and applied to the purposes 
of the corporation, increased by all cash premiums paid to 
the corporation thereon and likewise so applied, and bearing 
interest at such rate as the department shall approve, and, 
if issued under a mortgage existing on June second, nineteen 
hundred and twenty, by the provisions of which the rate of 
interest on bonds issued thereunder is fixed, at a price and 
with provisions for amortization of any discount approved 
by the department as consistent with the public interest; 
provided, that the terms of the mortgage so permit; and 
may secure the payment of the principal and interest of said 
bonds by a mortgage of its franchise and property. All per- 
sons who acquire any mains, conduits, poles, wires, fixtures 
or other apparatus in, over, under or across public ways by 
virtue of such mortgage shall have the same rights and be 
subject to the same obligations relative to their erection, 
care, maintenance and operation as the corporation would 
have had, or would have been subject to, if the mortgage 
had not been made. Approved March 20, 1950. 



Acts, 1950. — Chaps. 238, 239. 137 



An Act relative to the placing of signs bearing the Chav. 2SS 

NAME OF PRIVATE WAYS OPEN TO PUBLIC USE IN THE CITY 
OF WORCESTER. 

Be it enacted, etc., as follows: 

The city of Worcester may appropriate money and may 
place on ways which are open to public use but have not 
become public waj's and which enter or unite with any other 
private ways, a suitable sign bearing the name of such way 
and stating that it is not a public way. Nothing in this act, 
nor any action taken under and in accordance therewith, 
shall impose any additional hability upon said city. 

Approved March 20, 1950. 



An Act authorizing the city of quincy to pay a cer- 
tain CLAIM legally UNENFORCEABLE BY REASON OF 
FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF ITS 
CITY CHARTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to 
pay from an appropriation voted a sum of money not exceed- 
ing twelve hundred dollars in payment and discharge of a 
certain claim of Reginald S. Smith & Son for constructing a 
dog pound in said city in the year nineteen hundred and 
forty-eight, said claim being legally unenforceable against 
said city by reason of its failure to comply with the pro- 
visions of section twenty-nine of chapter forty-three of the 
General Laws. 

Section 2. No bill shall be approved by the city auditor 
of said city for payment or paid by the treasurer thereof 
under authority of this act unless and until certificates have 
been signed and filed with said city auditor, stating under 
the penalties of perjury that the goods, materials or services 
for which bills have been submitted were ordered by an 
official or an employee of said city, and that such goods and 
materials were delivered and actually received by said city 
or that such services were rendered to said city, or both. 

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

Section 4. This act shall take effect upon its acceptance 
by the city council of the city of Quincy, according to the 
provisions of its charter during the current year, but not 
otherwise. Approved March 20, 1950. 



Chap.2S9 



138 Acts, 1950. —Chaps. 240, 241, 242. 



C/iax>.240 An Act making a certain law affecting veterans' 

ORGANIZATIONS APPLICABLE TO THE NAVY CLUB OF THE 
UNITED STATES OF AMERICA. 

Be it enacted, etc., as folio ws: 

EdV'26r§70 Section 70 of chapter 266 of the General Laws, as most 

etc!, 'amended.' recently amended by section 3 of chapter 27 of the acts of 

1950, is hereby further amended by inserting after the 

word "Association", in line 19, the words: — , the Navy 

Club of the United States of America. 

Approved March 21, 1950. 

C/iap. 241 An Act authorizing the town of canton to pension 

EDWARD F. HEALY, A FORMER SELECTMAN, SEWER COM- 
MISSIONER AND SUPERINTENDENT OF SEWERS IN SAID 
TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the pubhc good 
and in consideration of his long and meritorious service, the 
town of Canton is hereby authorized to retire Edward F. 
Healy, a former selectman, sewer commissioner and superin- 
tendent of sewers in said town, on a pension of not more than 
seventeen hundred and sixteen dollars per annum, the said 
sum being equivalent to one half of the highest annual salary 
received by said Edward F. Healy as superintendent of 
sewers. Said payment may be retroactive to March first, 
nineteen hundred and fifty and the amount thereof shall be 
determined by vote of the town at any annual or special town 
meeting, subject to the provisions of this act. 

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. 

Section 3. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of said town 
present and voting thereon at an annual or special town 
meeting, but not otherwise. Approved March 21, 1950. 

Chap. 242 An Act relative to half holidays for city and town 

employees. 

Be it enacted, etc., as folloivs: 

G. L. (Tor. Section 110 of chapter 41 of the General Laws, as appear- 

amend^ed. ' ing in the Tercentenary Edition, is hereby amended by add- 
section not ing at the end the following sentence: — This section shall 
"rnai'ii^'itils not apply to any city or town which has accepted the pro- 
and towns. visions of scction thirty-three A of chapter one hundred and 
forty-nine. Approved March 21, 1950. 



Acts, 1950. — Chaps. 243, 244, 245. 139 

An Act relative to annual vacations for certain C^av 243 

POLICE OFFICERS OF THE CITY OF BOSTON. ^' 

Be it enacted, etc., as follows: 

Section L Section 3 of chapter 146 of the acts of 1947 
is hereby amended by striking out the first sentence and in- 
serting in place thereof the three following sentences: — 
Whenever the employment of a member of said department 
is terminated during a year by dismissal through no fault or 
delinquency on his part or by retirement or death, without 
his having been granted the vacation to which he is entitled 
under section one, he, or in case of his death, his beneficiary, 
shall be paid, at the regular rate of compensation payable to 
him at the termination of his employment, an amount in 
lieu of such vacation; provided, that no monetary or other 
allowance has already been made therefor. The word " bene- 
ficiary " as used in this section means the surviving beneficiary 
or beneficiaries, if any, lawfully designated by the employee 
under the retirement system of which he is a member, or, 
if there be no such designated beneficiary, the estate of the 
deceased. Said commissioner shall enter on the depart- 
mental payroll all amounts payable under this section. 

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 March 21, 1950. 



Chap.2U 



An Act relative to the civil service status of the 
safety inspector in the building inspector's office 
in the city of lawrence. 

Be it enacted, etc., as follows: 

Section 1. The person who is employed as a safety in- 
spector in the building inspector's office in the city of Law- 
rence on the effective date of this act, shall become subject 
to the civil service laws and rules and his tenure of office 
shall be unhmited, subject, however, to said laws, but he 
shall be subjected by the division of civil service to a qualify- 
ing examination, and upon passing said examination shall 
be certified for said position and shall be deemed to be perma- 
nently appointed thereto without being required to serve 
any probationary period. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Lawrence in the current 
year. Approved March 21, 1950. 

An Act providing for an additional assistant clerk of Chav 245 

THE municipal COURT OF THE CITY OF BOSTON FOR CRIM- 
INAL business. 

Be it enacted, etc., as follows: 

Section 53 of chapter 218 of the General Laws, as amended, g^J- ^Jl'^j 53 
is hereby further amended by striking out the first sentence, eic!, 'amended. ' 



140 



Acts, 1950. — Chaps. 246, 247, 248. 



Clerks and 

assistant 

clerks. 



as appearing in the Tercentenary Edition, and inserting in 
place thereof the following sentence : — There shall be a 
clerk and nine assistant clerks of said court for criminal busi- 
ness, and a clerk and twelve assistant clerks of said court for 
civil business. Approved March 22, 1950. 



C/iap. 246 An Act making a certain person eligible to be ex- 
amined FOR registration AS A QUALIFIED PHYSICIAN. 

Be it enacted, etc., as follows: 

Notwithstanding any contrary provision of law, Louis 
Berger, who graduated from a medical school in this com- 
monwealth 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 shall be eligible to be an apph- 
cant for registration as a quahfied physician, shall be ex- 
amined for such registration by the board of registration in 
medicine, and shall be subject to and have the benefit of all 
pertinent provisions of law relative to such eligibility and 
examination. Approved March 22 ^ 1950. 



ChaV 247 ^ ^^'^ relative to payment of COMPENSATION TO MEM- 

BERS OF THE GENERAL COURT. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 3. § 9. 
etc., amended. 



Compensation 
of members of 
the general 
court. 



Effective date. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, which in part is to make its provisions re- 
lating to the payment of compensation to members of the 
general court apply during the current session, therefore it 
is hereby declared to be an emergency law, necessary for 
the immediate preservation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 3 of the General Laws, 
as amended, is hereby further amended by striking out, in 
hne 8, as appearing in section 1 of chapter 248 of the acts of 
1945, the word "two" and inserting in place thereof the 
word : — three, — so that the third sentence will read as 
follows: — Each member of the general court shall be en- 
titled to be paid his compensation for such regular session at 
the rate of three hundred dollars for each full month of the 
session. 

Section 2. This act shall take effect as of January first, 
nineteen hundred and fifty. Approved March 27, 1950. 



Chav.24i8 ^ ^^'^ authorizing the board of dental examiners 
to examine doctor elias g. stavropolous for regis- 



Emergency 
preamble. 



TRATION AS A DENTIST. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to make available forthwith to 
the person named therein the opportunity to be examined 
for registration as a dentist, therefore it is hereby declared 



Acts, 1950. — Chaps. 249, 250. 141 

to be an emergency law, necessary for the immediate preser- 
vation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Not^^^thstanding the provisions of section 45 of chapter 
112 of the General Laws, the board of dental examiners may 
examine Doctor Elias G. Stavropoluus, a citizen of Greece, 
for registration as a dentist. If found competent, he shall 
be registered by the board and shall receive a certificate of 
registration signed by the members of the board or a ma- 
jority of them and shall be subject to the same provisions of 
law as any other holder of such a certificate of registration. 

Approved March 27, 1960. 

An Act providing that certain petitions for damages Qhn'n 249 

CAUSED BY THE TAKING OF LAND FOR HIGHWAY PURPOSES ^' 

FILED SINCE JANUARY FIRST, NINETEEN HUNDRED AND 
FORTY-THREE SHALL BE DEEMED TO HAVE BEEN SEASON- 
ABLY BROUGHT, 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make the provisions thereof p''^*™*''®- 
effective forthwith, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., asfolloivs: 

All petitions for damages for the taking of land for a high- 
way or a town way or for a ditch or a drain for draining the 
same, where the order of taking has been made on or since 
September first, nineteen hundred and forty-three, shall, if 
such petition was filed within one year after the right to such 
damages vested in the petitioner, be deemed to have been 
seasonably brought; provided, that such petition is pending 
in a court of competent jurisdiction on the effective date of 
this act. Approved March 27, 1950. 

An Act to authorize the town of swampscott to borrow Qhnr) 250 

MONEY FOR SCHOOL PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and originally 
equipping and furnishing a new school building in the town 
of Swampscott, 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, three hundred thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Swampscott School Building Loan, Act of 1950. Each au- 
thorized loan shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in ex- 
cess of the statutory limit, but shall, except as provided 



142 Acts, 1950. — Chaps. 251, 252. 

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 1A. 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. 

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

Approved March 27, 1950. 



Chap. 251 An Act authorizing the town of oxford to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing an addition 
to the high school building and originally equipping and fur- 
nishing the same, the town of Oxford 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 therefor which shall bear on 
their face the words Oxford High School Addition Building 
Loan, Act of 1950. 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 con- 
tained in the first paragraph of section seven thereof. 

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

Approved March 27, 1950. 

Chap.252 An Act extending the time within which the town of 
cummington may borrow money for school purposes 
and increasing the amount which may be so borrowed. 

Be it enacted, etc., as follows: 

Section L Section 1 of chapter 355 of the acts of 1946 
is hereby amended by striking out, in line 4, the word "five" 
and inserting in place thereof the word: — eight, — and by 
striking out, in line 6, the word "twenty-five" and inserting 
in place thereof the words: — one hundred and twenty-five, 
— so as to read as follows : — Section 1 . For the purposes 
of acquiring land for and constructing a school building and 
originally equipping and furnishing the same, the town of 
Cummington may borrow from time to time, within a period 
of eight years from the passage of this act, 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, 
Cummington School Loan, Act of 1946. Each authorized 



Acts, 1950. — Chaps. 253, 254. 143 

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

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

Approved March 27, 1960, 

An Act increasing the borrowing capacity of the city (JJku) 253 
of worcester for the purpose of constructing a ^' 

junior high school or a senior-junior high school. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may, within a period 
of five years from the passage of this act, incur indebtedness 
not exceeding one million eight hundred thousand dollars 
for constructing a junior high school, or a senior-junior high 
school, including the cost of original equipment and furnish- 
ings of the same, and may issue bonds or notes therefor which 
shall bear on their face the words, Worcester Junior (or 
Senior-Junior) High School Loan, Act of 1950. Each au- 
thorized issue shall constitute a separate loan and such loans 
shall be payable in not more than twenty years from their 
dates, but no loan shall be authorized under this act unless 
a sum equal to an amount not less than ten per cent of the 
loan so authorized is voted for the same purpose to be pro- 
vided from taxation or available revenue funds of the year 
when authorized. Indebtedness incurred under this act 
shall be in excess of the amount authorized by chapter two 
hundred and eleven of the Special Acts of nineteen hundred 
and sixteen, as amended by chapter one hundred and thirty- 
eight of the acts of nineteen hundred and twenty and chapter 
one hundred and eight of the acts of nineteen hundred and 
thirty-five, and in excess of the amount authorized by chapter 
forty-four of the General Laws. Except as provided herein, 
indebtedness incurred under this act shall be subject to the 
applicable provisions of said chapter forty-four, 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 27, 1950. 



An Act authorizing certain organizations from other Cha7).254: 

STATES TO PARADE WITH FIREARMS. 

Be it enacted, etc., as follows: 

Section 49 of chapter 33 of the General Laws, as most g. l. (Ter. 
recently amended by section I of chapter 27 of the acts of etc!. 'amended! 
the current year, is hereby further amended by inserting 
after the word "government", in line 25, the words: — and 



144 



Acts, 1950. — Chaps. 255, 256. 



organizations of American citizens from other states which 
are authorized by law to parade with firearms in the states 
where they are organized. Approved March 27, 1950. 



Chap. 255 An Act relative to the preparation, printing and 

DISTRIBUTION OF VOTING LISTS IN CITIES AND TOWNS. 



G. L. (Ter. 
Ed.). 51, § 55, 
etc., amended. 



Voting lists, 
contents, ar- 
rangement, 
etc. 



Be it enacted, etc., as follows: 

Chapter 51 of the General Laws is hereby amended by 
striking out section 55, as most recently amended by chapter 
193 of the acts of 1950, and inserting in place thereof the 
following section: — Section 55. Registrars shall, from the 
names entered in the annual register of voters, prepare voting 
lists for use at elections. In such voting lists they shall 
place the names of all voters entered on the annual register, 
and no others, and opposite to the name of each his residence 
on January first preceding or at the time of his becoming an 
inhabitant of such place after said day, and his party en- 
rolment. In cities they shall prepare such voting lists by 
wards, and if a ward or town is divided into voting precincts, 
they shall prepare the same by precincts. In all such cities 
and in towns having five thousand or more inhabitants, the 
voting lists shall be arranged by streets in alphabetical order, 
and the names of the voters on each street shall be arranged 
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 
July fifteenth in state election years. A sufficient number 
of voting lists shall 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 towTi is located. 
Names shall be added thereto or taken therefrom as persons 
are found to be qualified or not qualified to vote. Notwith- 
standing the foregoing, the voting lists to be used at presi- 
dential primaries or any primary or election held prior to 
July first in any year may be that of the year preceding, re- 
vised as aforesaid. Approved March 27, 1950. 



Chap. 256 An Act to amend the laws relative to the running of 

STEAMBOAT LINES AND RAILROAD TRAINS ON THE LORD's 
DAY. 



G. L. (Ter. 
Ed.), 136, § 6, 
etc., amended. 



Certain work 
on Lord's day 
permitted. 



Be it enacted, etc., as follows: 

Section 1. The third paragraph of section 6 of chapter 
136 of the General Laws, as most recently amended by chap- 
ter 286 of the acts of 1937, is hereby further amended by 
inserting before the word "trains", in line 20, the word: — 
railroad, — and by striking out, in said line 20, the words 
", if authorized under section nineteen", — so as to read 
as follows: — 

Nor shall it prohibit work lawfully done by persons work- 
ing under permits granted under section nine; the sale by 



Acts, 1950. — Chaps. 257, 258. 145 

licensed innholders and common victuallers of meals such 
as are usually served by them, consisting in no part of alco- 
holic beverages, as so defined, which meals are cooked on 
the premises but are not to be consumed thereon; the oper- 
ation of motor vehicles; the sale of gasoline and oil for use, 
and the retail sale of accessories for immediate necessary 
use, in connection with the operation of motor vehicles, 
motor boats and aircraft; the making of such emergency 
repairs on disabled motor vehicles as may be necessary to 
permit such vehicles to be towed or to proceed under their 
own power, and the towing of disabled motor vehicles; the 
letting of horses and carriages or of boats, motor vehicles or 
bicycles; the letting on trains of equipment or accessories 
for personal use in connection with outdoor recreation and 
sports activities; unpaid work on pleasure boats; the run- 
ning of steam ferry boats on established routes; the running 
of street railway cars; the running of steamboat lines and 
railroad trains or of steamboats. 

Section 2. Section 19 of said chapter 136 is hereby Repeal. 
repealed. Approved March 27, 1950, 

An Act relating to permissible overlay in the assess- (Jfidj) 25? 

MENT OF LOCAL TAXES. 

Be it enacted, etc., as follows: 

Section 25 of chapter 59 of the General Laws, as most gj V- ^J'^^.- 25 
recently amended by section 2 of chapter 104 of the acts of etc!, 'amended! 
1949, is herebj'- further amended by striking out the first 
sentence, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following sentence: — The overlay per- 
assessors in any city or town, except Boston, may add to the assSg local 
amount to be assessed not more than five per cent thereof, taxes. 
or such larger amount as the commissioner may approve, 
although the limit of taxation as fixed in any city may by 
such overlay be exceeded, such amount to be used only for 
avoiding fractional divisions of the amount to be assessed 
in the apportionment thereof and for abatements granted on 
account of polls or property assessed in the year in which 
the overlay is made or of taxes in the warrant of which the 
overlay is a part; but any balance in the overlay account, 
in excess of the amount of the warrant remaining to be col- 
lected or abated, shall be transferred to a reserve fund to be 
used for extraordinary or unforeseen expenses. 

Approved March S7, 1950. 

An Act to prohibit the sale of exploding matches. (JJidj) 258 

Be it enacted, etc., as follows: 

Chapter 148 of the General Laws is hereby amended EJ^'iS'^new 
by inserting after section 52 the following section: — Sec- §52a. added. 
tion 52 A. Whoever sells or keeps for sale exploding matches, saie of expiod- 
80 called, shall be punished by a fine of not more than one prohTbUed^^ 
hundred dollars. Approved March 27, 1950. 



146 Acts, 1950. —Chaps. 259, 260, 261. 



Chap.259 An Act relative to the use of sporting, hunting, 

FISHING AND TRAPPING LICENSES NOT SIGNED BY THE 
LICENSEE. 

Be it enacted, etc., as follows: 

Ed.)'.' iIli 16. Section 16 of chapter 131 of the General Laws, as most 
etc., 'amended, recently amended by section 2 of chapter 302 of the acts of 
1948, is hereby further amended by striking out the next 
to the last sentence and inserting in place thereof the follow- 
Use of un- jng sentence: — Any Hcense not signed as required by section 
ing'^ficBMes, six and used by any person while hunting, fishing or trapping, 
regulated. ^ ^j^g ^g^gg j^^y j-^^^ j^g^y ]^g seized bv any officer empowered 

to enforce this chapter and immediately forwarded to the 
director, unless the person so using an unsigned license gives 
to such officer definite proof that the license is his property 
and signs it in the presence of said officer. 

Approved March 27, 1950. 

Chav.2Q0 An Act to further regulate the attachment of wages 

FOR PERSONAL LABOR AND SERVICES. 

Be it enacted, etc., as follows: 

Ed^'2l"§32 Section 32 of chapter 246 of the General Laws is hereby 

etc!. 'amended.' amended by striking out paragraph Eighth, inserted by 

chapter 343 of the acts of 1938, and inserting in place thereof 

the following : — 

of"wagS1^y Eighth, By reason of money or credits due for the wages 

trustee process, of personal labor or services of the defendant, unless such 

attachment is authorized in advance by written permission 

endorsed upon the writ and signed by a justice, associate 

justice or special justice of the court in which the action is 

commenced and after notice to the defendant in such form 

as has been prescribed by the administrative committee of 

the district courts as such justice, associate justice or special 

justice may order. Approved March 27, 1950. 

Chap. 2Q1 An Act relative to the filing of schedules of prices 

OF alcoholic beverages. 

Be it enacted, etc., as follows: 

Edx lis!' Section 25B of chapter 138 of the General Laws, inserted 

§253, etc., by chapter 304 of the acts of 1946, is hereby amended by 
amen e . striking out paragraph (e) and inserting in place thereof 

the following paragraph: — 
pri'ce'fname! («) l^^ch such schcdulc shall be filed on ur before the 

'k\°a *■" '"' tenth day of the month on a date to be fixed by the com- 
mission, and the prices and discounts therein set forth shall 
become effective on the first day of the calendar month 
following the filing thereof and shall be in effect for such 
calendar month, and from month to month thereafter until 
such time as a new or amended schedule is filed and becomes 
effective hereunder. Within ten days after the filing of 



filed 



Acts, 1950. — Chaps. 262, 263. 147 

such schedule the commission shall make it or a composite 
thereof available for inspection by all hcensees. Within 
three business days after such inspection is provided for, a 
wholesaler may amend his filed schedule for sales to retailers 
in order to meet lower competing prices and discounts for 
alcoholic beverages of the same brand or trade name, and 
of like age and quality filed pursuant to this section by any 
licensee selling such brand; provided, that such amended 
prices are not lower and discounts are not greater than those 
to be met. Any amended schedule so filed shall become 
effective on the first day of the calendar month following the 
filing thereof and shall be in effect for such calendar month, 
and from month to month thereafter until such time as a 
new or amended schedule is filed and becomes effective 
hereunder. No brand of alcoholic beverages shall be sold 
to any licensee except at the price then in effect, unless 
written permission of the commission is granted for good 
cause sho\\Ti and for reasons not inconsistent with the 
purpose of this chapter. Approved March 27, 1950. 



Chap.262 



An Act relative to the admissibility of evidence of 

ASSESSED valuations AT HEARINGS BEFORE THE APPEL- 
LATE TAX BOARD. 

Be it enacted, etc., as follows: 

Chapter 58A of the General Laws is hereby amended by g. l. (Xer. 
inserting after section 12A, inserted by chapter 430 of the ne''w^'§^\^, 
acts of 1943, the following section: — Section 12B. At any a^ded. 
hearing relative to the assessed valuation of property, evi- atfonTdmTs^su' 
dence as to the valuation at which assessors have assessed ['n\,ertlTJf^°''^ 
other property of a comparable nature shall be admissible. hearings. 

Approved March 27, 1950. 



An Act relative to the establishment of the board of 
public works in the town of wakefield. 

Be it enacted, etc., as follows: 

Notwithstanding any provisions of law to the contrary in 
chapter forty-eight of the acts of the current year, an act 
authorizing the town of Wakefield to establish a department 
of public works and a board of public works, which act was 
duly accepted by the legal voters of said town at the annual 
town election, said act shall become fully effective on the 
first day of September, nineteen hundred and fifty, except 
that the initial election of the board of public works and their 
appointment of a director of public works shall take place 
as herein provided. The board of selectmen shall call a 
special town meeting on the second Monday of June, nine- 
teen hundred and fifty, at which meeting the initial election of 
a board of public works shall take place by secret ballot in 
the same manner in every respect as town officers are elected 
at annual town elections. Nominations of candidates for 



Chap.2Q3 



148 



Acts, 1950. — Chaps. 264, 265. 



election to said board shall be in writing and placed on the 
official ballot in the same manner in every respect as candi- 
dates for towTi offices at the annual towTi elections. The 
board so elected shall thereupon appoint a director of public 
works who, together with the board, shall assume their full 
duties and responsibilities on the first day of September, nine- 
teen hundred and fifty. During the interim between the date 
of election and the first day of September the board and the 
director, after his appointment, shall have the full co-opera- 
tion and assistance of the various town boards and officers 
whose duties they will assume in becoming familiar with the 
operations of the various departments involved. 

Approved March 27, 1950. 



Chap 



264 A-N Act providing that persons receiving pensions or 

RETIREMENT ALLOWANCES WHO ARE APPOINTED BY THE 
MAYOR OR CITY MANAGER OF A CITY TO CERTAIN POSITIONS 
MAY RECEIVE COMPENSATION THEREFOR. 



Emergency 
preamble. 



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



Person re- 
ceiving 
pension or 
retirement 
may receive 
compensation 
under certain 
conditions. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to make immediately available 
in certain cases, compensation for services rendered in lieu 
of retirement allowance or pension, therefore it is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the pubHc convenience. 

Be it enacted, etc., as follows: 

Section 91 of chapter 32 of the General Laws, as amended, 
is hereby further amended by striking out the sentence added 
by chapter 394 of the acts of 1947 and inserting in place 
thereof the following sentence : — Notwithstanding the fore- 
going provisions of this section or similar provisions of any 
special law, a person who, while receiving such a pension or 
retirement allowance, is appointed for a term of years to a 
position by the governor with or \vithout the advice and 
consent of the council or is appointed for a term of years to 
a position by the maj^or or city manager of an}^ city with or 
without confirmation by the city council shall be paid the 
compensation attached to the position to which he is ap- 
pointed; provided, that he files with the treasurer of the 
governmental unit paying such pension or allowance, a 
written statement wherein he waives and renounces for him- 
self, his heirs and his legal representatives his right to receive 
the same, for the period during which such compensation is 
payable. Approved March 29, 1950. 



Chap.2Q5 An Act relative to the disposition of certain legacies 
OK distributive shares of estates of deceased per- 



Emergency 
preamble. 



SONS. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide for the immediate 
settlement of certain estates, therefore it is hereby declared 



Acts, 1950. — Chap. 266. 149 

to be an emergency Irnv, necessary for the immediate preser- 
vation of the pubUc convenience. 

Be it enacted, etc., as folloivs: 

Chapter 206 of the General Laws is hereby amended by q. l. (Xer. 
inserting after section 27 the following section: — Sectio7i ^^\^'^^^^\_ 
27 A. Whenever payment of a legacy or distributive shai'c added." 
cannot be made to the person entitled thereto, or such person l^/eertlhr 
may not receive or have the opportunity to obtain said legacies or 
legacy or distributive share, the court, on petition of an sha'r^sof'Mtates 
interested party or in its tliscretion, may order that the ''Ll?,',',?^'"^ 
money be deposited m a savmgs bank or other like institu- 
tion, or invested in the manner pro\ided in section twenty- 
five, and disposed of in the manner provided in section 
twenty-eight. When a claimant to such funds resides out- 
side of the United States or its territories, the court in its 
discretion, in order to assist in estabUshing such claimant's 
identity, right and opportunity to receive such fund, may 
require the appearance in person before the court of such 
claimant. Approved March 29, 1950. 



An Act further regulating the investments of the 
central credit union fund, inc. 

Be it enacted, etc., as follows: 

Section 4 of chapter 216 of the acts of 1932, as amended 
by section 2 of chapter 112 of the acts of 1939, is hereby 
further amended by inserting after the word "common- 
wealth", in line 10, the words: — , in all shares issued by 
co-operative banks incorporated under the laws of this 
commonwealth and shares of federal sa\'ings and loan asso- 
ciations having a usual place of business in this common- 
wealth, — so as to read as follows: — Section 4- The cor- 
poration may invest its funds in loans to member credit 
unions in such manner as its by-laws shall prescribe and 
ma}' borrow money for said purpose. It may also invest its 
funds in the funds and securities which are legal investments 
for savings banks in this commonwealth under the provisions 
of subdivisions (a), (6), (c) and (rf) of clause Second of sec- 
tion fifty-four of chapter one hundred and sixty-eight of the 
General Laws, and in deposits in trust companies or savings 
banks incorporated under the laws of this commonwealth, 
in all shares issued by co-operative banks incorporated under 
the laws of this commonwealth and shares of federal savings 
and loan associations having a usual place of business in 
this commonwealth or in national banks located therein, and 
in shares of credit unions incorporated under the laws of 
the commonwealth; provided, that the investment in the 
shares of any such credit union shall not exceed two per cent 
of the total outstanding shares of such credit union. 

Approved March 29, 1950. 



Chap. 2m 



150 Acts, 1950. — Chap. 267. 



Chap.267 An Act authorizing the city of Worcester to use a 

PORTION OF GREEN HILL PARK, A PUBLIC PARK, FOR WATER 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized 
to use an area consisting of thirty-four thousand five hundred 
and fifty square feet of land situated in the northeasterly 
part of Worcester and being a portion of Green Hill park, a 
public park in said city under the jurisdiction of its parks 
and recreation commission, for the purpose of constructing, 
maintaining and repairing a high service transmission main 
and stand pipe for water supply purposes, in, through and 
over the land described as follows : — Beginning at a stone 
monument on the northerly line of Vinson street, said monu- 
ment marking the easterly terminus of said line and being 
the southeasterly corner of land of The Salvation Army of 
America, thence N 12° 36' 04" E by land of The Salvation 
Army of America, eleven and twenty-one hundredths 
(11.21) feet to a corner; thence N 57° 42' 15" E twenty- 
three and seven hundredths (23.07) feet; thence north- 
easterly by a curve to the left, whose radius is four hundred 
eighty-five (485) feet, thirty-nine and eighty-six hundredths 
(39.86) feet to end of said curve; thence N 52° 59' 45" E 
five hundred sixteen and fifty-four hundredths (516.54) 
feet; thence northeasterly by a curve to the right, whose 
radius is five hundred fifteen (515) feet, one hundred sixty 
and ninety-six hundredths (160.96) feet to end of said curve; 
thence N 70° 54' 13" E one hundred twenty-four and twenty- 
two (124.22) feet; thence by a circle whose radius is fifty- 
five and no hundredths (55.00) feet, three hundred fifteen 
and eighteen hundredths (315.18) feet to a point thirty 
and forty hundredths (30.40) feet distant from last-men- 
tioned point as measured on perimeter of said circle; thence 
S 70° 54' 13" W one hundred twenty-four and twenty- 
two hundredths (124.22) feet; thence southwesterly by a 
curve to the left, whose radius is four hundred eighty-five 
(485) feet, one hundred fiftv-one and fifty-nine hundredths 
(151.59) feet to the end of said curve; thence S 52° 59' 45" W 
five hundred sixteen and fifty-four hundredths (516.54) 
feet; thence southwesterly by a curve to the right, whose 
radius is five hundred fifteen (515) feet, forty-two and 
thirty-two hundredths (42.32) feet to end of said curve; 
thence S 57° 42' 15" W fifty-two and ninety-five hundredths 
(52.95) feet to a point on the easterly terminus of Vinson 
street, said point being N 12° 36' 04" E eleven and eighty- 
six hundredths (11.86) feet from a stone monument marking 
the easterly end of the southerly fine of Vinson street; 
thence N 12° 36' 04" E, by said easterly terminus of Vinson 
street, thirty-one and fourteen hundredths (31.14) feet to 
place of beginning. All courses not otherwise described 
being by land of city of Worcester, department of parks, 



Acts, 1950. — Chaps. 268, 269. 151 

and known as Green Hill park. Containing about thirty-four 
thousand five hundred and fifty (34,550) square feet. 

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

Approved April 3, 1950. 



An Act to authorize the town of adams to borrow 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a high 
school building, and for originally equipping and furnishing 
the said building, the town of Adams 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 of the town therefor which shall bear on 
their face the words, Adams School Building Loan, Act of 
1950. 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 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 April 3, 1950. 

An Act making perfecting amendments to the law 
providing for certain rapid transit improvements 
in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 649 of the acts of 1949 
is hereby amended by striking out, in lines 4 and 5, the 
definition of "Authority" and inserting in place thereof the 
following definitions: — 

"Authority" shall mean the Metropolitan Transit Au- 
thority, created by chapter five hundred and forty-four of 
the acts of nineteen hundred and forty-seven. 

"District" shall mean the Boston Metropolitan District 
created by chapter three hundred and eighty-three of the 
acts of nineteen hundred and twenty-nine, and acts in 
amendment thereof and in addition thereto. 

Section 2. Section 6 of said chapter 649 is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following sentence : — For the purpose of 
providing funds for, or of restoring to the treasury of the 
authority funds expended for, the purposes of this act, 
which purposes shall include the preparation of plans and 
estimates of cost with reference to any subway or tunnel 
addition authorized by this act, and for the purpose of re- 
funding again and again bonds issued under this act, the 
authority shall from time to time issue to the district bonds 



Chap.2Q8 



Chap.2Q9 



152 Acts, 1950. — Chap. 270. 

of the authority for such terms and bearing such rates of 
interest as are hereinafter provided. 
Section 3. This act shall take effect upon its passage. 

Approved April S, 1950. 

Chap. 270 An Act relative to the method of assessing the amount 

WHICH the commonwealth MAY BE CALLED UPON TO 
PAY THE METROPOLITAN TRANSIT AUTHORITY ON ACCOUNT 
OF A DEFICIENCY AS OF THE LAST DAY OF DECEMBER, NINE- 
TEEN HUNDRED AND FORTY-NINE. 

Be it enacted, etc., as follows: 

Section 1. Section 13 of chapter 544 of the acts of 1947, 
as amended by section 5 of chapter 572 of the acts of 1949, is 
hereby further amended by adding at the end of the seventh 
paragraph the following: — ; provided, that any amount 
which the commonwealth is called upon to pa}' the authorit}' 
on account of a deficiency as of the last day of December, 
nineteen hundred and forty-nine, 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 sec- 
tion 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 : — 

In case the commonwealth shall be called upon to pay the 
authority any amount under this section on account of a 
deficiency existing as of the last day of December in the year 
nineteen hundred and foi-ty-nine, or as of the last day of De- 
cember in any year thereafter, such amount, with interest or 
other charges incurred in borrowing the monej^ for the pur- 
pose, shall be assessed upon the cities and towns constituting 
the authority as provided by section twentj'' of chapter fifty- 
nine of the General Laws, as amended, in proportion to the 
number of persons in said cities and to^\Tls 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 any amount which the common- 
wealth is called upon to pay the authority on account of a 
deficiency as of the last day of December, nineteen hundred 
and forty-nine, 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 April 3, 1950. 



Acts, 1950. — Chaps. 271, 272. 153 



An Act extending the time within which the town of (JJkij) 271 
upton may borrow money for school purposes. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 150 of the acts of 1947 is 
hereby amended by striking out, in Hne 4, the word "three" 
and inserting in place thereof the word : — four, — so as to 
read as follows: — Section 1. For the purpose of construct- 
ing and originally equipping and furnishing a school build- 
ing, the town of Upton may borrow from time to time within 
a period of four j^ears from the passage of this act such sums 
as may be necessary, not exceeding, in the aggregate, one 
hundred and twenty thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Upton School Loan, Act of 1947. Each authorized issue 
shall constitute a separate loan, and such loans shall be paid 
in not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statutory 
limit and shall, except as provided herein, be subject to chap- 
ter forty-four of the General Laws, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 

Section 1A. Any action taken by the town at its annual 
meeting during the current year or by its officers shall be as 
valid and effective as though this act was in effect at the time 
of the posting of the warrant for said meeting. 

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

Approved April 3, 1950. 

An Act relative to the examination and certification rhnj) 272 
OF certain accounts and demands against the com- ^' 
monwealth. 

Be it enacted, etc., as follows: 

Chapter 7 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 13, as appearing in the Tercentenary f^^nded^ ^^' 
Edition, and inserting in place thereof the following sec- 
tion: — Section 13. The comptroller shall examine all ac- Duties of 
counts and demands against the commonwealth excepting examination 
those for the salaries of the governor and of the justices of andcertifica- 
the supreme judicial court, for the pay rolls of the executive a°"ount8."etc'.? 
council and members of the general court, and those due on com",*onweaith 
account of the principal or interest of a public debt. He 
may require affidavits that articles have been furnished, 
services rendered and obligations incurred, as claimed. Such 
affidavit for any office, department, commission and institu- 
tion shall be made by the person authorized to incur such 
obligation. The comptroller shall make a certificate specify- 
ing the amount due and allowed on each account or demand 
so examined, the name of the person to whom such amount 
is payable, and the account to which it is chargeable; and 
if it appears to him that there are improper charges in said 
accounts or demands he shall report the same to the governor 



154 



Acts, 1950. — Chaps. 273, 274, 275. 



and council, with a separate certificate therefor. He shall 
keep copies of all such certificates and transmit the originals 
to the governor, who, with the advice and consent of the 
council, may issue his warrant to the state treasurer for the 
amount therein specified as due. 

Approved April 3, 1950. 



Chap. 273 An Act relative to the keeping of bills and vouchers 

IN THE OFFICE OF THE COMPTROLLER AND THE FILING OF 
CERTIFIED COPIES OF CERTAIN CONTRACTS THEREIN. 



Be it enacted, etc., as follows: 



G. L. (Tor. 
Ed.), 7, § 14 
amended. 



Chapter 7 of the General Laws is hereby amended by 
striking out section 14, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
Biiis, vourhor.s ^ion ! — SectiOTi lA. All bills and vouchers on which money 

and copies of i-iri i 

contracts fiieri, has bccn Or may be paid from the treasury upon the cer- 
tificate of the comptroller or the warrant of the governor 
shall be kept in the comptroller's office; and all departments, 
offices, commissions and institutions authorized to make 
contracts under which money may be payable from the 
treasury shall file with the comptroller, before payment, 
certified copies thereof. Approved April 8, 1950. 



etc., with 

comptroller, 

when. 



Chap.274i An Act relative to the accounting system of the 

COMMONWEALTH. 



G. L. (Ter. 
Ed.), 7. § 16, 
amended. 



AccountiiiE 
system for 



Be it enacted, etc., as follows: 

Chapter 7 of the General Laws is hereby amended by 
striking out section 16, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section: 
— Section 16. He shall design and install an accounting 
commonwealth, systcm for the commouwcalth and prescribe the requisite 
forms and books of account to be used by each department, 
office, commission and institution of the commonwealth. No 
form or book of account other than that prescribed as afore- 
said shall be used without the approval of the comptroller. 
He may revise such forms, books or system from time to 
time. He shall prepare and distribute a book of instructions 
covering the use and application of said accounting system 
for the guidance of the various departments, offices, com- 
missions and institutions of the commonwealth. 

Approved April 3, 1950. 



Chap.275 An Act relative to accounting standards and practices 

OF the commonwealth. 



G. L. (Ter. 
Ed.). 7, § 31. 
amended. 



Be it enacted, etc., as follows: 

Chapter 7 of the General Laws is hereby amended by 
striking out section 31, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section: 
The commissioners, acting as a board, shall 



STedde'"""^ —Section 31 



Acts, 1950. — Chaps. 276, 277. 155 

decide questions, not involvinc; legislation, which arise on auestionsas 

^ , . -Ill • ii_ *^° accounting 

matters relating to accounting standards and practices other standards, etc.. 
than those relating to the accounting system in use under pontrac'ta'by''^ 
sections sixteen and seventeen of this chapter. Said board f^''*^ Ppn''^'''^^^' 
shall from time to time authorize such additions to or deduc- 
tions from the statement for the annual report representing 
state-owned propertj'- as it finds advisable, and no such addi- 
tions or deductions shall be made without a majority vote of 
the whole board and a written certification to that effect. 
Said board shall pass upon all contracts intended by the 
state purchasing agent, and no such contract shall be made 
without the approval of such board. 

Approved April S, 1950. 



An Act relative to the contents of certain reports Chav.276 
OF the commission on administration and finance. 

Be it enacted, etc., as follows: 

Chapter 7 of the General Laws is hereby amended by g. l, (Ter. 
striking out section 34, as appearing in the Tercentenary amended ^^' 
Edition, and inserting in place thereof the following section: 
— Section 34- Such report shall contain a summary state- Contents of 
ment of the receipts into, and payments from, the treasury ''""'"'' report. 
of the commonwealth for the preceding fiscal year; a de- 
tailed statement of such receipts and expenditures, including 
obligations, whether paid or unpaid, incurred by all depart- 
ments, offices, commissions and institutions for such fiscal 
year. It shall include all accounts of expenditure of interest 
to the public, and, as far as may be, shall show the different 
departments, offices, commissions and institutions under 
whose direction the expenditure was made. 

Approved April 3, 1950. 



An Act further defining the term insurer within (Jjidj) 277 
the meaning of the workmen's compensation law. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 152 of the General Laws g. l. (Xer. 
is hereby amended by striking out subsection (7B), inserted ^tl! 'amended. 
by section 9 of chapter 488 of the acts of 1947. 

Section 2. Said section 1 of said chapter 152 is hereby g. l. (Ter. 
further amended by striking out paragraph (7), as appearing ftifihel-^^' ^ ^' 
in the Tercentenary Edition, and inserting in place thereof amended. 
the following paragraph : — 

(7) "Insurer", any insurance company, reciprocal, or in- "insurer- 
terinsurance exchange, authorized so to do, which has con- *^^*'°^'^- 
tracted with an employer to pay the compensation provided 
for by this chapter. The term "Insurer" within this defini- 
tion shall include, wherever applicable, a self-insurer, the 
commonwealth and any county, city, town, or district which 
has accepted the provisions of section sixty-nine of this 
chapter. Approved April 3, 1950. 



156 Acts, 1950. — Chaps. 278, 279. 

Chap. 278 An Act placing the incumbent of the office of veteran 

SERVICE physician IN THE DEPARTMENT OF VETERANS' 
SERVICES OF THE CITY OF BOSTON UNDER THE CIVIL SERVICE 
LAWS AND RELATIVE TO THE RETIREMENT RIGHTS OF THE 
INCUMBENT OF SAID POSITION. 

Be it enacted, etc., as follows: 

Section 1. The incumbent of the office of veteran service 
physician in the department of veterans' services of the city 
of Boston shall, on the effective date of this act become sub- 
ject to the civil service laws, and the rules and regulations 
made thereunder, and the tenure of office of any subsequent 
incumbent of said office shall be unlimited, subject, however, 
to said civil service laws. The incumbent of said office on 
said effective date shall be subjected to a qualifying examina- 
tion for said office by the division of civil service. If said 
incumbent passes said examination, he shall be certified for 
said office and shall be deemed to be permanently appointed 
thereto, without serving any probationary period, and his 
tenure of office shall be unlimited, subject, however, to the 
provisions of said laws. 

Section 2. 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 office, provided, that said incumbent 
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 acceptance, 
within one year from the date of its passage, by the city 
council of said city, subject to the provisions of its charter. 

Approved April 3, 1950. 

Chap.279 An Act authorizing the city of Worcester to pay a 

SUM OF MONEY TO MARY E. McHUGH OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation and to promote the public good the city of Worcester 
is hereby authorized to appropriate and pay to Mary E. 
McHugh of said city a sum not to exceed thirteen hundred 
and eighty-eight dollars and eighty-nine cents, being the 
amount of compensation which her late husband, James J. 
McHugh, would have earned between November tenth, 
nineteen hundred and forty-eight, the date of his death, and 
December thirty-first, nineteen hundred and forty-eight, had 
he lived and rendered service to said city as public works 
commissioner. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city during the 
current year, subject to the provisions of its charter, but not 
otherwise. Approved April 3, 1950. 



Acts, 1950. — Chap. 280. 157 



Chap. 280 



An Act relative to the election of state committees 

OF political parties. 

Whereas, The deferred operation of this act would tend ^/g^^bi"''^ 
to defeat its purpose, which, in part, is to make the changes 
made thereby in the election laws effective without delay, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 52 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 1, as most recently amended ^tll'ameidl'd. 
by section 1 of chapter 614 of the acts of 1948, and inserting 
in place thereof the following section: — Section 1. Each state commit- 
pohtical party shall, in the manner herein provided, elect offetc.*^ 
from among its enrolled members a state committee, which 
shall consist of one man and one woman from each senatorial 
district, to be elected at the presidential primaries by plu- 
rality vote of the members of the party in the district, such 
number of members at large as may be fixed by said com- 
mittee, to be elected at the state convention, and such 
number of members as may be elected by the state com- 
mittee as hereinafter provided. Members of said committee 
elected at the presidential primaries from senatorial districts 
shall hold office for a period of four years from June first 
next following their election. Members elected at a state 
convention shall hold office until the next following state 
convention and members elected by the state committee 
shall hold office for two years from the date of their election ; 
provided, however, that in no event shall the terms of office 
of such members extend beyond the term of office of mem- 
bers who were elected at the presidential primaries. 

The members of the state committee elected at the presi- 
dential primaries shall within ten days after June first next 
following their election, meet and organize by the choice of 
a chairman, a secretary, a treasurer and such other officers 
as they may decide to elect; provided, that the members of 
the committee shall first meet and organize temporarily by 
the choice of a temporary chairman and a temporary secre- 
tary who shall serve until a permanent chairman and a 
permanent secretary are chosen, and such committee, while 
temporarily organized or at any time after its permanent 
organization, may add to its membership. 

The secretary of the state committee shall file with the 
state secretary, and send to each city and town committee, 
within ten days after such permanent organization, a list of 
the members of the state committee and of its officers, and, 
within ten days after each addition to its membership made 
subsequently to its permanent organization, a list of the 
members so added. 

A vacancy in the office of chairman, secretary or treasurer 
of the state committee or in the membership thereof shall 



158 



Acts, 1950. — Chap. 280. 



G. L. (Ter, 
Ed.), 52, § lA, 
repealed. 

G. L. (Ter. 
Ed.). 53, § 52, 
etc., amended. 



Canvass and 
return of votes. 



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



Vacancies 
caused by 
tie votes. 



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

Nomination 
papers of 
candidates 
for delegates. 



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



be filled by said committee, and a statement of any such 
change shall be filed as in the case of the oflficers first chosen. 

Section 2. Section lA of said chapter 52, inserted by 
section 2 of said chapter 614, is hereby repealed. 

Section 3. Chapter 53 of the General Laws is hereby 
amended by striking out section 52, as most recently amended 
by section 3 of said chapter 614, and inserting in place thereof 
the following section : — Section 52. Upon receipt of the 
records of votes cast at state primaries, the city or town 
clerk shall forthwith canvass the same and within four days 
after said primary make return of the votes for candidates 
for nomination for state offices to the state secretary, who 
shall forthwith canvass such returns, determine the results 
thereof, notify the successful candidates, and certify to the 
state committees the names of the persons nominated for 
state offices. 

Section 4. Section 53 of said chapter 53, as most recently 
amended by section 4 of said chapter 614, is herebj^ further 
amended by striking out the third sentence in the first para- 
graph and inserting in place thereof the following sentence: 
— If the tie is between candidates for nomination for any 
other office, the vacancy shall be filled by the members of 
the ward and town committees in the district for which the 
nomination is to be made. 

Section 5. Said chapter 53 is hereby further amended by 
striking out section 70D, as most recently amended by sec- 
tion 5 of said chapter 614, and inserting in place thereof the 
following section : — Section 70D. Nomination of candidates 
for delegates and alternate delegates to national conventions 
and members of political committees shall be by nomination 
papers which shall be prepared and, on request, furnished 
by the state secretary. In the case of candidates for delegates 
at large or alternate delegates at large such papers shall be 
signed in the aggregate by at least one thousand voters, not 
more than two hundred and fifty to be from any one county. 
Such papers for members of committees and for district dele- 
gates and alternate district delegates shall be signed by a 
number of voters equal in the aggregate to five voters from 
each ward and each town in the district. Section forty-five 
shall apply to such papers for candidates to be voted for at 
presidential primaries except that they shall not contain the 
eight word statement referred to in .said section; provided, 
that a candidate for delegate or alternate delegate to a na- 
tional convention may state in not more than eight words, 
including the statement of preference for president referred 
to in section seventy E, the public offices which he holds or 
has held, showing clearly that he is a former incumbent 
thereof, if such is the case. Nomination papers may con- 
tain the name of more than one candidate for delegate or 
alternate delegate or for members of ward and town com- 
mittees. 

Section 6. Said chapter 53 is hereby further amended 
by striking out section 70F, as most recently amended by 



Acts, 1950. — Chaps. 281, 282. 159 

section 6 of said chapter 614, and inserting in place thereof 
the following section : — Section 70F. Upon the receipt of ^ot^Tor"^ 
the records of the votes cast at presidential primaries and delegates, etc. 
within four da3^s after said primary the city or town clerk shall 
forthwith canvass the same and make return of the votes for 
delegates at large, alternate delegates at large, district dele- 
gates and alternate district delegates and for election as 
members of the state committee to the state secretary, who 
shall forthwith canvass such returns, determine the results 
thereof, notify the successful candidates, and certify to the 
state committees the names of the persons elected as mem- 
bers of state committees. Said clerks shall determine the 
results of the vote for members of ward and town commit- 
tees, issue proper certificates thereof to the successful candi- 
dates and notify the chairmen of the city and town commit- 
tees of the respective parties. 

Section 7. Section 70G of said chapter 53, as most EJ^s^J^^yoG 
recently amended by section 7 of said chapter 614, is hereby etc!, 'amended. ' 
further amended by adding at the end of the second para- 
graph the following sentence: — If there is such a tie for vacancies 
members of the state committee it shall be filled by the ward tfe'^olJ!^ 
and town committees of the district in which it exists. 

Section 8. Sections 7 and 8 of said chapter 614 are hereby Repeal, 
repealed. Approved April 8, 1950. 

An Act authorizing the erection and maintenance of fhnj^ 281 
A pier and float at masconomo park in the town of ^' 

MANCHESTER. 

Be it enacted, etc., as follows: 

The board of park commissioners of the town of Man- 
chester may grant to the Manchester Harbor Boat Club, 
Inc., a non-profit Massachusetts corporation, the right to 
erect and maintain a pier and floats at its own expense at 
Masconomo park, a public park, within said town of Man- 
chester, subject to such conditions and limitations as said 
board of park commissioners shall prescribe from time to 
time. Approved April 3, 1950. 



Chap.282 



An Act further defining dependents op injured em- 
ployees FOR the purpose OF CERTAIN ADDITIONAL 
WEEKLY PAYMENTS UNDER THE WORKMEN'S COMPENSA- 
TION LAW. 

Be it enacted, etc., as follows: 

Section 1. Section 35 A of chapter 152 of the General EdVi52'^' 
Laws, as most recently amended by chapter 553 of the acts § 35a, etc., 
of 1946, is hereby further amended by striking out para- *™«°'*^'^- 
graph (c) and inserting in place thereof the following: — 

(c) Children under the age of eighteen years (or over said '^^''^^'°tg\<, 
age but physically or mentally incapacitated from earning), certain em- 
if hving with the employee at the time of his injury, or, if p'^^®^*- 



160 Acts, 1950. — Chaps. 283, 284, 285. 

the employee is bound or ordered by law, decree or order of 
court, or by any other lawful requirement, to support such 
children, although living apart from them. Children, within 
the meaning of this paragraph, shall also include any chil- 
dren of the injured employee conceived but not born at the 
time of the employee's injury, and the compensation herein 
provided for shall be payable on account of any such chil- 
dren from the date of their birth. 
Ed^' ilr's 32 Section 2. Paragraph (c) of section 32 of said chapter 
amended.' ' 152, as appearing in the Tercentenary Edition, is hereby 
amended by adding at the end the following sentence : — 
Dependents. Children, within the meaning of this paragraph, shall also 
include any children of the deceased employee conceived but 
not born at the time of the employee's injury, and the com- 
pensation provided for by this chapter on account of any 
such children shall be payable from the date of their birth. 
EdV' ill"^'? 32 Section 3. Paragraph (d) of said section 32 of said chap- 
etcl, 'further ' ter 152, as most recentlv amended by chapter 281 of the 
amended. ^^^^ ^f ^g^g^ -^ hereby further amended by adding at the 

Same subject, end the following sentence: — Children, within the meaning 
of this paragraph, shall also include any children of the de- 
ceased employee conceived but not born at the time of the 
employee's injury, and the compensation provided for by 
this chapter on account of any such children shall be payable 
from the date of their birth. Approved April 3, 1950. 

Chap.283 An Act relative to the employment of school teachers 

AND superintendents. 

Be it enacted, etc., as follows: 

Ed.)',' n.%' 41. Section 41 of chapter 71 of the General Laws, as most 

etc., 'amended! recently amended by section 1 of chapter 597 of the acts of 

1947, is hereby further amended by adding at the end the 

^Uelch^ro^r following scntcncc : — A teacher or superintendent not serv- 

superintend- ing at discrction shall be notified in writing on or before 

April first whenever such person is not to be employed for 

the following school year. Approved April 3, 1950. 

Chap.2S4: An Act amending the act incorporating the north 

EASTON WATER COMPANY. 

Be it enacted, etc., as follows: 

Section 12 of chapter 1G9 of the acts of 1887 is hereby 
amended by striking out the last sentence. 

Approved April 3, 1950. 

Chav.285 An Act changing the name of the trustees of dummer 

ACADEMY, IN THE COUNTY OF ESSEX TO GOVERNOR DUM- 
MER ACADEMY. 

Be it enacted, etc., as follows: 

Section 1. The name of the Trustees of Dummer 
Academy, in the County of Essex, incorporated by an act of 



Acts, 1950. — Chaps. 286, 287. 161 

the general court passed on October third, seventeen hundred 
and eighty-two, is hereby changed to Governor Duramer 
Academy. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the trustees in office, on behalf 
of said corporation, and the filing in the office of the state 
secretary of a copy of the vote of acceptance. 

Approved April 3, 1950. 



Chap.2SQ 



An Act relative to the policing of white pond by the 
tow^ns of concord and sudbury. 

Be it enacted, etc., as follows: 

Chapter 294 of the acts of 1947 is hereby amended by 
adding after section 5 the following two sections: — Section 
5 A. Am^ officer qualified to serve criminal process in the 
town of Concord or in the town of Sudbury may patrol any 
part of the waters of White pond, and shall have authority 
to arrest any person for violating any law of the common- 
wealth in, on or adjacent to the waters of said pond, and may 
serve warrants and make arrests therefor on the waters of 
said pond or in any part of the town of Concord or the town 
of Sudbury. 

Section 5B. Nothing herein contained shall prevent the 
enforcement of any by-law of the to^vn of Concord or the 
towTi of Sudbury upon any part of said waters lying within 
the limits of the respective to\vns. 

Approved April S, 1950. 

An Act relative to presentment for payment, con- QJkij) 287 
ditional credit, payment, dishonor and revocation 
of credit of and for checks and other demand in- 
struments payable by, at or through banks. 

Be it enacted, etc., as follows: 

Section 1. Chapter 167 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 54, inserted by chapter new § 55.' 
428 of the acts of 1949, the following section: — Section 65. ^dded. 
A bank receiving, other than for immediate payment over Ttc^.Tf^cVrtain 
the counter, a demand instrument which, by its original demand instru- 

' , -ii-.-i. 11 ments payable 

tenor, is dra^Ti upon or made payable at or tnrougri such by banks. 
bank, and giving credit therefor before midnight of the day 
of its receipt, shall have, after receipt thereof, until mid- 
night of the next day upon which it is open for business 
within which to dishonor or refuse payment of the instrument. 
Any credit so given, and all entries relating thereto on the 
books of such bank, may be revoked by returning the instru- 
ment, or if it is held for protest, or is at the time lost or not 
in the possession of the bank, by giving written notice to 
the last or next prior holder of dishonor, nonpayment, or 
revocation of the credit given, provided said instrument or 
notice is dispatched in the mails or by other expeditious 



162 Acts, 1950. — Chap. 288. 

means not later than midnight of the bank's next business 
day after the instrument was received. For the purpose of 
determining when notice of dishonor must be given or pro- 
test made under the law relative to negotiable instruments, 
an instrument duly presented, with respect to which credit 
is revoked as authorized by this section, shall be deemed dis- 
honored on the day the instrument or notice is dispatched. 
A bank upon revoking credit under authority of this section 
shall be entitled to a refund of, or credit for, the amount of 
the instrument from the holder receiving the credit. For 
the purposes of this section: (a) an instrument received by 
a bank on a day other than its bu.siness day, or received on a 
business day after its regular business hours or during after- 
noon or evening periods when it has reopened or remained 
open for limited functions, shall be deemed to have been re- 
ceived at the opening of its next regular business day; (6) the 
term "instrument" includes negotiable and non-negotiable 
instruments; (c) the term "bank" includes any bank defined 
in section one, and any national banking association^ fed- 
eral reserve bank or other banking association or corporation 
organized under the laws of the United States and doing 
business in the commonwealth; (d) each branch or office of 
a bank shall be deemed a separate bank; (e) the term 
"credit" includes remittance, advice of credit, authorization 
to charge, clearing house settlement, and other forms of 
paj^ment or settlement used between banks, and, where the 
instrument is received for credit to one customer's account 
and concurrent charge to another customer's account, it 
includes the making of appropriate entries to the bank's 
general ledger whether or not entries are posted to individual 
customers' ledgers. The effect of this section may be varied 
by agreement. 
EdVio?^"^' Section 2. Section 107 of chapter 107 of the General 

§107, amended. Laws, as appearing in the Tercentenar}^ Edition, is hereby 
amended by inserting after the word "inclusive", in fine 2, 
the words: — , of this chapter and section fifty-five of chap- 
ter one hundred and sixty-seven, — so as to read as follows: 
Right of re- — SecHou 107. Subject to sections eighteen to two hundred 
when. ' and twelve, inclusive, of this chapter and section fifty-five 

of chapter one hundred and sixty-seven, when the instrument 
is dishonored by non-payment, an immediate right of recourse 
to all parties secondarily liable thereon accrues to the holder. 
Ed V' 107"' Section 3. Section lllA of said chapter 107, inserted by 

{'iiiA. re- chapter 167 of the acts of 1947, is hereby repealed. 
P^^''^^- Approved April 3, 1950. 

Chap.288 An Act further providing for the continuation of 

THE present lawful USE OF CERTAIN BUILDINGS PEND- 
ING the ISSUANCE OF CERTAIN CERTIFICATES OF INSPEC- 
TION. 

prTambiT*' Whercas, The deferred operation of this act would tend 

to defeat its purpose, which is to continue for a further 



Acts, 1950. — Chap. 289. 163 

period after March first of the current year the provisions 
of the law hereby amended, therefore it is hereby declared 
to be an emergency law, necessarj^ for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as folloios: 

Section 1. Chapter 14.3 of the General Laws is hereby g. l. (Xer. 
amended by striking out section 29, as amended by section 3 ]?tc;!'amemLd^' 
of chapter 544 of the acts of 1943, and inserting in place 
thereof the following section: — Section 29. Upon applica- Continuing 
tion to the inspector for a certificate under section twenty- cemfn^buiw- 
eight, he shall issue to the applicant an acknowledgment j^gs pending 
thereof, which for ninety days, pending the granting or re- ccTtiticates of 
fusal of the certificate, shall have the same effect as the '"^p"''*"^"- 
certificate, and such acknowledgment may be renewed by 
him with the same effect for a further period, not exceeding 
ninety days; provided, however, that within the ninety days 
for which the first such acknowledgment was issued a copy 
of the plans and specifications for any alteration has been 
deposited vnih. the inspector by the person causing the alter- 
ation or by the architect. Such. plans and specifications shall 
include those for heating, ventilating or sanitation if the 
inspector so requires. Such an acknowledgment may be 
revoked by an inspector, without a hearing and without the 
assignment of any cause therefor, at any time when in his 
opinion the public safety requires. 

Section 2. Any acknowledgment of an application to an 
inspector, as such term is defined in section one of chapter 
one hundred and forty-three of the General Laws, for a 
certificate of inspection under section twenty-eight of chap- 
ter 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 in like manner 
and with like effect for such further periods of not more than 
ninety days each as circumstances may require, pending the 
granting or refusal of the certificate; but no such acknowl- 
edgment shall be further renewed under this section subse- 
quent to October fifteenth of the current year. Such an 
acknowledgment may be revoked by an inspector, without 
a hearing and without the assignment of any cause therefor, 
at any time when in his opinion the public safety requires. 

Section 3. This act shall take effect as of March first in Effective 
the current year. Approved April 10, 1950. '^^^^' 

An Act further defining the word "veteran" under 



C/iap.289 
service law. 



THE veterans' PREFERENCE PROVISIONS OF THE CIVIL 



Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is, in part, to make the provisions p'"''*'"'''^- 
thereof relative to the veterans' preference under the civil 
service law effective forthwith, therefore it is hereby declared 



164 Acts, 1950. — Chaps. 290, 291. 

to be an emergency law, necessary for the immediate preser- 
vation of the pubHc convenience. 

Be it enacted, etc., as follows: 

Ed^,'3Tl2i, Section 1. Section 21 of chapter 31 of the General Laws, 
etc., 'amended! as most recently amended by chapter 216 of the acts of 
1946, is hereby further amended by inserting after the word 
"who", in line 3, and in line 19, in each instance, the words; 
— on or before December thirty-first, nineteen hundred and 
forty-six. 

Section 2. Certifications made on or after the effective 
date of this act shall conform to the provisions of section 
one of this act. Approved April 10, 1950. 

Chap.290 An Act authorizing the town of swampscott to pay a 

SUM OF MONEY TO EDITH P. BROWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Swampscott is hereby authorized to 
appropriate and pay the sum of three hundred and twenty- 
six dollars and ten cents to Edith P. Brown for damages 
suffered by her by the taking of land for park purposes 
located on the Greenway in said town, and for taxes paid 
from nineteen hundred and forty-two to nineteen hundred 
and forty-nine, erroneously assessed against said premises and 
paid by said Edith P. Brown. 

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

Approved April 10, 1950. 

Chav.291 An Act relative to the oeoroe robert white fund 

SCHOOLBOY STADIUM IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. So long as the stadium in the city of Boston 
known as the George Robert White Fund Schoolboy Sta- 
dium shall remain in the custody and control of the school 
committee of said city, said stadium, together with the estate 
upon which it stands, shall be deemed to be a school building 
and yard, and shall be repaired, altered, improved and fur- 
nished in the same manner as a school building and yard 
out of funds appropriated under paragraph h of section two 
of chapter two hundred and twenty-four of the acts of nine- 
teen hundred and thirty-six, and shall be cared for and 
maintained in like manner out of funds appropriated under 
paragraph c of said section two. 

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

Approved April 10, 1950. 



Acts, 1950. — Chaps. 292, 293, 294. 165 

An Act AUTHomziNn the city of peabody to pay a sum QJkij) 292 

OF MONEY TO THE FATHER OF JOSEPH KULESZA, JR. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharp;ing a moral obli- 
gation, the city of Peabody is hc^-eby authorized to appro- 
priate and pay Joseph Kulesza of said city a sum not ex- 
ceeding; t\vo thousand dollars, for the benefit of his minor 
son, Joseph Kulesza, Jr., who, on November seventh, nine- 
teen hundred and forty-nine, suffered the loss by severance 
of a finger while operating a machine used in the manual 
training course at the Peabody High school. 

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

Approved April 10, 1950. 



An Act relative to the disbursement of certain funds (Jhd^ 293 

FOR administration PURPOSES ONLY BY PUBLIC WELFARE ^' 

DISTRICTS. 

Whereas, The deferred operation of this act would tend ^^Tambi"''^ 
to defeat its purpose, which is to make possible forthwith the 
payment of certain federal grants to treasurers of public 
welfare districts, 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 44 of chapter 117 of the General Laws, g. l. (Ter. 
inserted by chapter 476 of the acts of 1938, is hereby amended ft^:^amlnded^' 
by inserting after the fifth sentence the following sentence: 
— The department of public welfare shall pay to the district ^'^^j'^ceSain 
treasurer the amounts received for federal administration funds for ad- 
grant allotted in accordance with the provisions of section expenaM*'°" 
seven of chapter one hundred and eighteen, and section 
seven of chapter one hundred and eighteen A and the dis- 
trict may expend without appropritition the amounts re- 
ceived, for administration salaries and expenses. 

Section 2. Section 45 of said chapter 117, as so inserted, gji- jTer.^ ^^ 
is hereby amended by adding at the end the following sen- etc!. 'amended. ' 
tence: — The amount reimbursed under authority of this District may 
section may be expended by the district without appropria- bursemenTfor 
tion, for administration expenses of the district. administration 

Approved April 10, 1950. 



An Act to authorize the county of franklin to use CJiav, 294. 

FUNDS IN the post-war REHABILITATION FUND FOR RE- 
PAIR OR CONSTRUCTION OF LANE BRIDGE IN THE TOWN OF 
WHATELY. 

Be it enacted, etc., as follows: 

Section 1. The county of Franklin is hereby authorized 
to use seven thousand dollars of the funds in the county 



166 Acts, 1950. — Chaps. 295, 296. 

treasury appropriated for a post-war rehabilitation fund for 
the repair or construction of Lane bridge over the Mill river 
in the towTi of Whately. The amount hereby authorized 
may be used in conjunction with funds provided by the de- 
partment of pubhc works and the town of Whately in the 
manner provided by chapter ninety of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved Api-il 10, 1950. 

Chap.295 An Act authorizing the town of webster to appro- 
priate AND PAY A SUM OF MONEY TO RODRIQUE RICARD 
TO REIMBURSE HIM FOR CERTAIN MEDICAL EXPENSES. 

Be it enacted, etc., as follows: 

Section L For the purpose of discharging a moral ob- 
ligation, the town of Webster is hereby authorized to appro- 
priate and pay to Rodrique Ricard the sum of one hundred 
dollars to reimburse him for medical expenses incurred by 
him on account of injuries sustained by his minor daughter 
Jeanne Ricard in the playground of the Filmore school on 
July fourteenth, nineteen himdred and forty-nine. 

Section 1A. Action taken under authority of this act at 
the annual town meeting in the current year shall be valid 
and effective as though the act had been in full force and 
effect at the time at which the warrant for said meeting was 
posted. 

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

Approved April 10, 1950. 

Chap.296 An Act authorizing the city of salem to appropriate 

MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN UN- 
PAID BILLS. 

Be it enacted, etc., as follows: 

Section L The city of Salem is hereby authorized to 
appropriate money for the payment of, and to pay, such of 
the unpaid bills incurred prior to the year nineteen hundred 
and fifty, the total of such bills being four hundred and fifty- 
four dollars and sixty-five cents, as sho\\'n by a list filed in the 
oflice of the director of accounts in the department of cor- 
porations and taxation, as are legally unenforceable against 
said city by reason of its failure to comply with the provisions 
of its charter, or by reason of the fact that no appropriation 
was available at the time of incurring such bills. 

Section 2. No bill shall be paid under authorit}^ of this 
act unless and until a certificate has been signed and filed 
with the auditor of said city, stating under the penalties of 
perjury that the goods, materials or services for which such 
bill has been submitted were ordered by an official or em- 
ployee of said city, and that such goods and materials were 
delivered and actually received by said city, or that such 
services were rendered to said city, or both. 



Acts, 1950. — Chaps. 297, 298. 167 

Section 3. Any person who knowingly filed 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 pimishcd 
by imprisonment for not more than one year or by a fine of 
not more than three hundred dollars, or both. 

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

Approved April 10, 1950. 

An Act to authorize the county of franklin to use ChaV'297 

FUNDS IN the post-war REHABILITATION FUND FOR RE- 
PAIR OR CONSTRUCTION OF BISSELL BRIDGE IN THE TOWN 
OF CHARLEMONT. 

Be it enacted, etc., as follows: 

Section 1. The county of Franklin is hereb}'- authorized 
to use eight thousand dollars of the funds in the county 
treasury appropriated for a post-war rehabilitation fund for 
the repair or construction of Bissell bridge over Mine brook 
in the towTi of Charlemont. The amount hereby authorized 
may be used in conjunction with funds provided by the de- 
partment of public works and the town of Charlemont in the 
manner provided by chapter ninety of the General Laws. 

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

Approved April 10, 1950. 

An Act authorizing the commissioner of mental health Q}iq^ 298 
to sell certain property of the commonwealth in 

the CITY OF WORCESTER. 

Whereas, The deferred operation of this act might tend to Emergency 
defeat its purpose, which is to provide a suitable site for the p''*'^'^''^®- 
construction of an armory by the United States govern- 
ment with presently available Federal funds to be used in 
the training program of the organized reserve corps of the 
United States Army, therefore this act is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Subject to the approval of the governor and 
council, the commissioner of mental health, in the name and 
on behalf of the commonwealth, is hereby authorized to sell 
or transfer to the United States government for the sum of 
one dollar and other considerations a portion of the land 
situated on Lake avenue in the city of Worcester, adjacent 
to land authorized to be sold to the H. E. Shaw Company 
of Worcester by chapter four hundred and ninety-three of 
the acts of nineteen hundred and forty-nine, said tract to 
contain a frontage of approximately three hundred feet on 
Lake avenue, with a depth of approximately two hundred 
feet. The land is to be used by the United States govern- 
ment for the erection of an armory to be utilized in con- 



168 Acts, 1950. — Chap. 299. 

nection with the training program of the organized reserve 
corps of the United States Army. This sale or transfer is to 
be subject to such conditions and restrictions for the benefit 
of the Worcester state hospital as may seem advisable to 
the commissioner. 

Section 2. Upon the completion of the sale or transfer of 
the land referred to in section one of this act, jurisdiction 
over said land is hereby granted and ceded to the United 
States of America, but upon the express condition that the 
commonwealth shall retain concurrent jurisdiction with the 
United States of America in and over said land, in so far that 
all civil processes, and such criminal processes as may issue 
under the authority of the commonwealth against any per- 
son or persons charged with crimes committed without said 
land and all processes for collection of taxes levied under 
authority of the laws of the commonwealth, including the 
service of warrants, may be executed thereon in the same 
manner as though this cession had not been granted; pro- 
vided, that the jurisdiction in and over the land above 
described shall revert to and revest in the commonwealth 
whenever such areas shall cease to be used for the purposes 
set forth in section one; and provided, further, that, in the 
event that the United States government fails, within two 
years after the effective date of this act, to commence the 
erection of said armory, said land shall revert to and revest in 
the commonwealth. Approved April 10, 1950. 



Chap.299 ^n Act authorizing the transfer of property in the 

TOWN OF WALPOLE FROM THE DEPARTMENT OF PUBLIC 
HEALTH TO THE DEPARTMENT OF CORRECTION. 

pr^ambie"^ Whereas, The deferred operation of this act would tend to 

defeat its purpose, which is to authorize the immediate trans- 
fer of certain property from the department of public health 
to the department of correction, 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 folloivs: 

The commissioner of pubhc health, on behalf of the com- 
monwealth, is hereby authorized and directed to transfer to 
the department of correction, for the purpose of erecting a 
boiler plant and providing sufficient land for a railroad siding 
and connection with the present existing tracks of the New 
York, New Haven and Hartford Railroad to the proposed 
state prison in the towns of Norfolk and Walpole, certain 
land described as follows : — 

Beginning at a point in the southeast right-of-way line of 
a highway known as U. S. Route 1-A, where it is intersected 
by the northeasterly line of Honey Pot road, so called, said 
point of beginning being also the northeasterly corner of a 
tract of land owned by the commonwealth of Massachusetts 
in the towns of Walpole and Norfolk, and as shown on a map 



Acts, 1950. — Chap. 300. 169 

titled "Commonwealth of Massachusetts, Department of 
Mental Diseases, State Sanitarium, Pondville, Property 
Plan" dated 1933 and prepared by Emergency Planning and 
Research Bureau, Inc., Boston, Massachusetts, and used, in 
part, for the Pondville Sanitarium; thence southeasterly 
along the apparent northeasterly right-of-way line of said 
Honey Pot road to a point where said northeasterly right-of- 
way line curves easterly, thence continuing southeasterly 
along the northeasterly right-of-way line of Honey Pot 
road projected and across said road thirteen hundred and 
ten feet, more or less, from the point of beginning to a point 
of curvature, thence following a curved line, having a radius 
of nine hundred and eighty and three hundred and sixty-six 
thousandths feet, more or less, southerly to a stone bound 
marking a corner of land owned by the New York, New 
Haven and Hartford Railroad Company, Providence Divi- 
sion; thence northwesterly along said railroad company's 
land to a point fifty feet, measured radially, northwesterly 
from the last described course; thence northerly and north- 
westerly along a line parallel with and fifty feet distant 
therefrom, measured radially, or at right angles to the first 
described course, to a point in said line distant five hundred 
feet, more or less, measured at right angles, from the south- 
easterly right-of-way line of aforesaid U. S. Route 1-A; 
thence southwesterly, parallel with said southeasterly right- 
of-way line of U. S. Route 1-A one hundred feet, more or 
less, to a point; thence, at right angles, five hundred feet, 
more or less, to a point in the southeasterly right-of-way line 
of said U. S. Route 1-A; thence northeasterly along the said 
southeasterly right-of-way line of U. S. Route 1-A to the 
place of beginning, and containing four and eighty-five hun- 
dredths acres, more or less. Approved April 10, 1950. 



An Act to authorize the hadley water supply district 
to make an additional water loan. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of taking or purchasing addi- 
tional w^ater sources and water or flowage rights, for the pur- 
pose of taking or purcha.sing land for the protection of the 
same, for the purpose of constructing additional wells and 
reservoirs, for the purpose of laying a water main of not less 
than six but not more than sixteen inches in diameter con- 
necting said additional water supply with the present lower 
reservoir now maintained by said district and for the purpose 
of taking or purchasing easements for the location of said 
water main, all as authorized by chapter one hundred and 
forty-six of the acts of nineteen hundred and five, the Hadley 
Water Supply District may borrow, from time to time within 
five years from the passage of this act, such sums as may be 
necessary, not exceeding in the aggregate the sum of fifty 
thousand dollars, and may issue bonds or notes therefor 
which shall bear on their face the words, Hadley Water Sup- 



Chap.SOO 



170 Acts, 1950. — Chaps. 301, 302. 

ply District Loan, Act of 1950. 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 hereunder shall be outside the statutory limit of 
indebtedness, but shall except as herein provided, be subject 
to the provisions of chapter forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved April 10, 1950. 

Chap. 301 An Act relative to stay of judgment and execution 

IN ACTIONS OF SUMMARY PROCESS PERTAINING TO CERTAIN 
FARM EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1 of chapter 43 of the acts of 1946, as amended, is 
hereby further amended by adding at the end the following: 
— ; provided, however, that a stay of judgment and execu- 
tion in the case of premises occupied by an employee of a 
farmer conditioned upon his employment by such farmer 
and which employment has been legally terminated, shall 
not be granted for a longer period than two months, in the 
aggregate, — so as to read as follows : — Section 1 . So long 
as this act continues in force, a stay or successive stays of 
judgment and execution may be granted under sections nine 
to thirteen, inclusive, of chapter two hundred and thirty- 
nine of the General Laws, for a period not exceeding twelve 
months or for periods not exceeding twelve months in the 
aggregate; provided, however, that a stay of judgment and 
execution in the case of premises occupied by an employee 
of a farmer conditioned upon his employment by such 
farmer and which employment has been legally terminated, 
shall not be granted for a longer period than two months, 
in the aggregate. Approved April 10, 1950. 

Chap. 302 An Act transferring from the metropolitan district 

COMMISSION TO THE MILITARY DEPARTMENT THE CARE, 
CUSTODY AND CONTROL OF CERTAIN PARK LANDS IN THE 
CITY OF QUINCY. 

Be it enacted, etc., as follows: 

The military department shall hereafter have the care, 
custody and control of a certain parcel of land, being a part 
of the land taken by eminent domain by the metropolitan 
park commission for boulevard purposes and situated in the 
city of Quincy, at the southeasterly corner of Hancock street 
and Furnace Brook parkway and bounded and described as 
follows : — 

Beginning at a point in the northeasterly side line of 
Hancock street at the junction of land oAvned by the said 
commission and land under the care and control of the said 
department pursuant to chapter two hundred and twenty- 
four of the acts of nineteen hundred and twenty-three; 
thence running north 28° 33' 06" west by said northeasterly 



Acts, 1950. — Chaps. 303, 304. 171 

side line of Hancock street 28.87 feet; thence running north- 
easterly by a line curving to the right with a radius of 70.00 
feet, 77.12 feet; thence running more northerly by a line 
cur\ing to the left with a radius of 502.60 feet, 371.14 feet, 
and running 28 feet from and parallel to the center hne of 
Furnace Brook parkway to a point opposite station 65, 06.37 
feet as measured along the said center line' of the parkway; 
thence running north 7° 44' 08" west 45.97 feet still parallel 
to the center line of the parkway to a point opposite station 
64, 60.40 feet as measured along the center line of the park- 
way; thence running more northerly by a hne curving to 
the right ^vith a radius of 386.51 feet, 32.20 feet, still parallel 
to the center line of the parkway; thence turning sharply 
to the right and running south 32° 04' 06" east 333.85 feet 
to the northwesterly boundary line of land under the care 
and control of the department at a point 50.00 feet south- 
westerly Irom the northeasterly corner of the said land under 
the care and control of the department; thence turning 90° 
to the right and running south 57° 55' 54" west 253.03 feet 
along the northwesterly boundary line of the land under the 
care and control of the department; thence running more 
southerly by a line curving to the left with a radius of 85.00 
feet, 125.28 feet, still by the boundary linp of the land under 
the care and control of the department., to the point of be- 
ginning; containing 37,914 square feet. 

Approved April 10, 1950. 



Chap.SOS 



An Act authorizing cities and towns to provide head- 
quarters FOR LOCAL POSTS OF THE POLISH-AMERICAN 
VETERANS, INC. 

Be it enacted, etc., as follows: 

Section 9 of chapter 40 of the General Laws, as most ^d Viol's 9 
recently amended by section 1 of chapter 563 of the acts of etc!, 'amended. 
1949, is hereby further amended by inserting after the word 
"Veterans", in Hne 7, the words: — , or for a post of the 
Polish- American Veterans, Inc. 

Approved April 10, 1960. 

An Act designating the highway from the intersection Qfiav 304 

OF harvard street and mystic avenue to WELLINGTON 

circle in medford as the medford veterans' memorial 

highway, and designating the bridge on said HIGH- 
WAY over the mystic river as the medford veterans' 
memorial bridge. 

Be it enacted, etc., as follows: 

The highway running over the Mystic marshes from the 
intersection of Harvard street and Mystic avenue to Welling- 
ton circle, so called, in the city of Medford, shall be known 
as and designated as the Medford Veterans' Memorial High- 
way, and the bridge on said highway over the Mystic river 
shall be known and designated as the Medford Veterans' 



172 Acts, 1950. — Chaps. 305, 306, 307. 

Memorial Bridge, and suitable tablets or markers bearing 
said respective designations shall be erected along said high- 
way and attached to said bridge by the metropolitan district 
commission. Approved April 10, 1950. 

Chap. S05 An Act to prohibit the operation of motor vehicles 

EQUIPPED WITH TELEVISION SCREENS VISIBLE TO THE 
DRIVER. 

Be it enacted, etc., as follows: 

EdV 90^§i3 Section 13 of chapter 90 of the General Laws is hereby 
etc!, 'amended! amended by striking out the last sentence, inserted by chap- 
ter 707 of the acts of 1949, and inserting in place thereof 
Prohibiting the following: — No person shall drive any motor vehicle 
aStos^Jquipped SQuipped with any television viewer, screen or other means 
I^rilnfvrsfb?" of visually receiving a television broadcast which is located 
to driver. in the motor vehicle at any point forward of the back of the 

driver's seat, or which is visible to the driver while operating 
such motor vehicle. Approved April 10, 1950. 

Chav.^OQ An Act providing a fee for copies of records of the 

registry of motor vehicles. 

Be it enacted, etc., as follows: 

EdV 9o%'33 Section 33 of chapter 90 of the General Laws, as amended, 
etc!. 'amended! is hereby further amended by inserting immediately preced- 
ing the paragraph amended by chapter 401 of the acts of 1936 
the following paragraph : — 
^f^re ^Tds*"''*'' ^^^ every copy of any record, or any certificate, the fee 
for which is not otherwise provided herein, one dollar. 

Approved April 10, 1950. 

Chap.307 An Act relative to the powers and duties of the super- 
intendent of streets in the town of hull. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
sixty-eight of chapter forty-one of the General Laws the 
superintendent of streets of the town of !H!ull shall have full 
charge of all repairs and labor upon public ways and side- 
walks, and of repairs upon sewers and drains, and in relation 
to such matters he shall have the powers, perform the duties 
and be subject to the liabilities and penalties of surveyors of 
highways and road commissioners. 

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

Approved April 10, 1950. 



Acts, 1950. — Chaps. 308, 309, 310. 173 

An Act making the superintendent of refuse and Qhnnj Qng 

GARBAGE AND THE CITY ELECTRICIAN MEMBERS OF THE ^' 

COMMISSION ON WAYS AND DRAINAGE IN THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section 22 of chapter 340 of the Special Acts 
of 1917, as most recently amended by section 1 of chapter 
487 of the acts of 1943, is hereby further amended by strik- 
ing out the first sentence and inserting in place thereof the 
following sentence : — The mayor, city engineer, superin- 
tendent of streets, commissioner of water supply, super- 
intendent of sewers, superintendent of refuse and garbage 
and the city electrician, and the four members of the city 
council who are elected at large, shall constitute a commis- 
sion on ways and drainage, of which the mayor shall be 
chairman. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of said commission on ways 
and drainage, but not otherwise. 

Approved April 10, 1950. 



Chap.S09 



An Act authorizing the city of medford to appropriate 
and pay a sum of money to vincent amoroso to reim- 
burse him for certain medical expenses. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of Medford is hereby authorized to appro- 
priate and pay the sum of eighty dollars to Vincent Amoroso 
of said city to reimburse him for medical expenses incurred 
as a result of injuries sustained in the Hne of duty as a police 
officer of said city. 

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 10, 1950. 

An Act relative to the use of certain materials upon 

public records. 

Be it enacted, etc., as follows: 

Section 4 of chapter 66 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking amended.**' 
out, in hne 4, the words "or stamping pad" and inserting in 
place thereof the words : — , stamping pad or carbon paper, 
— so as to read as follows: — Section 4- No ink shall be certain 
used upon any public record except ink furnished by the f^rWdden^ 
supervisor of records, and no ribbon, pad or other device 
used for printing by typewriting machines, or stamping pad, 
or any ink contained in such ribbon, pad, device, stamping 
pad or carbon paper, shall be used upon any public record, 
nor shall any photographic machine or device or chemical 



Chap.SlO 



174 Acts, 1950. — Chaps. 311, 312, 313. 

used in connection therewith be used in making any public 
record, except such as has been approved by the supervisor 
of records, who may cancel his approval if he finds that any 
article so approved is inferior to the standard established by 
Penalty. t^j]^^ Whocvcr violatcs this section shall be punished by a 

fine of not more than fifty dollars. 

Approved April 10, 1950. 

C/iap. 311 An Act placing the incumbent of the position of senior 

REGISTRAR IN THE MUNICIPAL EMPLOYMENT BUREAU OF 
THE CITY OF BOSTON UNDER THE CIVIL SERVICE LAWS AND 
RULES. 

Be it enacted, etc., as follows: 

Section 1. On and after the effective date of this act, 
the provisional incumbent of the position of senior registrar 
in the municipal employment bureau of the city of Boston 
shall be considered to be properly classified under the civil 
service law and rules as a junior employment registrar, sub- 
ject to passing a qualifying examination to which he shall be 
subjected by the division of civil service. 

Section 2. The person referred to in section one of this 
act shall not be subjected to any probationary period; pro- 
vided, that he passes the qualifying examination as provided 
in said section one. 

Section 3. This act shall take effect upon its acceptance 
by the city council of said city, subject to the provisions of 
its charter, but not otherwise. Approved April 10, 1950. 

Chap.S12 An Act authorizing the restoration of a certain per- 
son 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, at the request of the mayor of the city 
of Holyoke, to restore James J. Stack to the existing eligible 
hst for police entrance service in the police department of 
said city without examination and in accordance with the 
civil service laws and rules, for the remainder of the period of 
ehgibility of the existing eligible list. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city coun- 
cil of said city, subject to the provisions of its charter, but not 
otherwise. Approved April 10, 1950. 

Chap.SlS An Act providing for non-partisan town elections in 

THE TOWN OF RANDOLPH. 

Be it enacted, etc., as follows: 

Section 1. No primary or caucus for the nomination of 
town officers in the town of Randolph shall be held. No 



YES 


1 


NO 





Acts, 1950. — Chaps. 314, 315. 175 

ballot used at any regular or special town election in said 
town shall have printed thereon any party or political desig- 
nation or mark, and there shall not be appended to the name 
of any candidate any such political designation or mark. 

Section 2. Except as otherwise provided in this act, the 
laws of the commonwealth governing town elections, special 
elections of town officers and special elections in towns, shall, 
so far as applicable, govern such elections in the town of 
Randolph. 

Section 3. This act shall be submitted to the voters of the 
town of Randolph at the annual town meeting to be held in 
the year nineteen hundred and fifty-one, in the form of the 
following question, which shall be printed on the official ballot 
used for the election of town officers: — "Shall an act passed 
by the general court in the year nineteen hundred and fifty, 
entitled ' An Act providing for non-partisan town elections in 
the town of Randolph ', be accepted?" If a ma- 
jority of the voters voting thereon vote in the af- 
firmative in answer to said question, this act shall 
thereupon take full effect, but not otherwise. 

Approved April 10, 1950. 

An Act relative to the disposition and expenditure of Qhn'n 314 

FUNDS received FROM THE UNITED STATES IN RELATION 
TO FOREST FIRE PREVENTION OR FOR FORESTRY PURPOSES. 

Be it enacted, etc., as follows: 

Section 8A of chapter 10 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by strik- ameAded.^ ^^' 
ing out the last sentence. Approved April 10, 1950. 

An Act relative to meetinos and the election of offi- phfjjy qi c 

CERS of the board OF REGISTRATION IN CHIROPODY ^' 

(podiatry). 

Be it enacted, etc., as follows: 

Chapter 13 of the General Laws is hereby amended b)'- g. l. rTer. 
striking out section 12B, inserted by section 1 of chapter 425 flijB.^eto.. 
of the acts of 1937, and inserting in place thereof the follow- amended. ' 
ing section: — Section 12B. The board shall annually meet Meetings. 
in the month of October at such time and place as it shall 
determine, and shall organize by electing a chairman and Ek'ctionof 
secretary, who shall be members of the board, and who shall ° 
hold their respective offices for one year. The board shall 
hold at least six additional meetings at such times and places 
as it shall determine or upon call of the chairman. Three 
members of the board shall constitute a quorum for the 
transaction of business. Approved April 10, 1950. 



176 Acts, 1950. — Chaps. 316, 317. 



Chap.SlQ An Act relative to bonds and other securities accom- 
panying CERTAIN CONTRACTS AND LEASES MADE BY THE 
BOARD OF REAL ESTATE COMMISSIONERS OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as folloius: 

Section 1. Section 2 of chapter 474 of the acts of 1946, 
as amended by section 3 of chapter 612 of the acts of 1948, 
is hereby further amended by striking out, in the sixth sen- 
tence, the word "treasurer" and inserting in place thereof 
the word : — auditor, — so that said sixth sentence will read 
as follows : — Any contract made as aforesaid may be re- 
quired to be accompanied by a bond with sureties satisfac- 
tory to the board, or by a deposit of money, certified check or 
other security for the faithful performance thereof, and such 
bonds or other securities shall be deposited with the city 
auditor until the contract has been carried out in all respects; 
and no such contract shall be altered except by written agree- 
ment of the contractor, the sureties on his bond and the board. 

Section 2. Section 3 of said chapter 474, as amended by 
section 4 of said chapter 612, is herebj^ further amended by 
striking out, in the fifth and sixth sentences, the word 
"treasurer" and inserting in place thereof the word: — col- 
lector, — so that said fifth and sixth sentences will read as 
f ollow^s : — Every lease for a period not exceeding three years 
shall be accompanied by a bond with surety satisfactory to 
the board, or by a deposit of money, certified check or other 
security for the faithful performance thereof, and such bond 
or other security shall be deposited with the city collector 
until the lease has been carried out in all respects. Every 
lease for a period exceeding three years shall be accompanied 
by a bond with surety satisfactory to the board, or by a 
deposit of money, certified check or other security for the 
faithful performance of all covenants on the part of the 
lessee to construct, or cause to be constructed, any structures 
or facilities for parking; and such bond or other security shall 
be deposited with the city collector until all such covenants 
have been carried out in all respects. 

Approved April 10, 1950. 

Chap.317 An Act relative to the inspection, stamping and brand- 
ing OF CARCASSES OF CERTAIN ANIMALS SLAUGHTERED 
WITHOUT THE COMMONWEALTH. 

Be it enacted, etc., as follows. • 

Ed.)',' gl.'^i 1.31, Section 131 of chapter 94 of the General Laws, as amended 
etc.'aniended.' by section 6 of chaptcr 334 of the acts of 1949, is hereby 

further amended by adding at the end the following 

paragraph : — 
brand^nK,"p,tc., '^^^^ scction shall not prohibit the use of certain by- 
of carcasses of products, which are obtained from disease-free food animals 
sfaughtered."'^ ^ slaughtered without the commonwealth under duly au- 



Acts, 1950. — Chaps. 318, 319. 177 

thorized state or local inspection, in the manufacture of without the 

11 1 irir 111 • coiniiionwcaltn. 

cooked and processed canned foods for small domestic 
animals when such products conform to, are labeled, and 
have been shipped under certification in accordance with 
such rules and regulations as the department of public 
health may prescribe. Said department of pubhc health is 
hereby authorized to adopt rules and regulations to carry 
out the provisions of this section. 

Approved April 10, 1950. 



C/iap.318 



An Act relative to real estate of the city of boston 
not held for a specific purpose. 

Be it enacted, etc., as follows: 

Chapter 434 of the acts of 1943 is hereby amended by 
striking out section 2, as amended by section 1 of chapter 433 
of the acts of 1945, and inserting in place thereof the follow- 
ing section: — Sections. The chairman, subject to the 
regulations of the board with respect to his procedure, shall 
have the care, custody, management and control of all 
property acquired by the city by foreclosure of tax titles 
or acquired under section eighty of chapter sixty of the 
General Laws, whether acquired before or after the effective 
date of this act, and also of all real estate of the city not 
held for a specific purpose irrespective of the manner or 
time of acquisition of such real estate including, without 
limiting the generality of the foregoing, all buildings or other 
structures and all lands or rights or interests in lands or 
other property subject to section four of chapter two hundred 
and ninety-seven of the acts of nineteen hundred and twenty- 
nine which, in the opinion of the board, has ceased, or at 
any time shall have ceased, to be needed for the purposes 
of said chapter two hundred and ninety-seven; provided, 
that the chairman, subject to the approval of the board, 
may make contracts for such care, custody, management 
and control. Approved April 10, 1950. 

An Act relative to the fees charged for certificates nhn^ 310 
OF registration of barbers and barber shops. ^' 

Be it enacted, etc., as follows: 

Section 87H of chapter 112 of the General Laws is hereby o l. (Ter. 
amended by striking out the second paragraph, as most fsrVe^c., 
recently amended by section 1 of chapter 619 of the acts of amended. 
1941, and inserting in place thereof the following: — 

Any applicant failing to pass an examination satisfactory Re-examina; 
to the board shall thereafter be entitled to re-examination ca°nts?^ett^''''' 
by payment of a fee of five dollars and by fifing a re-examina- Fees. 
tion application upon a form furnished by the board, but 
two re-examinations shall exhaust his privilege under his 
original application, and if he fails to apply for re-examina- 
tion within one year after his original examination, or to 
appear for re-examination when notified so to do, his re- 



178 Acts, 1950. — Chap. 320. 

examination privilege for such original application shall be 
forfeited. Each such certificate of registration issued by the 
board shall expire on December thirty-first next succeeding 
its date. The board may renew any such registration, and 
issue a certificate thereof, upon the payment of a renewal 
fee of three dollars. Any person holding a certificate of 
registration or renewal certificate which has expired may, 
within three years of the date of expiration, upon payment 
of a fee of three dollars for each year since expiration and 
upon furnishing satisfactory proof of his qualifications to 
resume the practice of his occupation, receive from the 
board a new certificate of registration. Before any registered 
barber opens a barber shop, or moves his barber shop to a 
new location, or operates a barber shop previously ap- 
proved for a prior owner, he shall apply to the board for an 
inspection and approval thereof, and the board shall receive 
a fee of ten dollars for each inspection, and, upon the ap- 
proval of such barber shop, the board shall issue a certificate 
of registration for such barber shop, which shall without 
further fee be in force, unless sooner cancelled, suspended or 
revoked, until June thirtieth of the year following the year 
of its issuance. All certificates of registration for barber 
shops shall be renewed annually by filing applications 
therefor on forms supplied by the board and the payment 
of a fee of two dollars, and such renewal shall, unless can- 
celled, suspended or revoked, be in full force and effect until 
June thirtieth of the year following its issuance. The board 
may suspend, revoke or refuse to renew a certificate of 
registration issued by it for a barber shop if it finds, after a 
hearing, notice of which shall be given to the owner or 
operator of such shop, that any of its rules and regulations 
have been violated in said shop, that persons not authorized 
to practice the occupation of barbering have been employed 
therein as barbers or apprentices, or that there has been a 
violation in said shop of any provision of sections eighty- 
seven F to eighty-seven R, inclusive. 

Approved April 10, 1950. 

Chap.320 ^^ -^CT PROVIDING FOR TWO DAYS OFF OUT OF EVERY SEVEN 
DAYS FOR MEMBERS OF THE MALDEN POLICE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. Members of the police department of the 
city of Maiden shall be excused from duty for two days out 
of every seven without loss of pay. 

Section 2. The time and manner of excusing members of 
the department from duty shall be determined by the poUce 
commissioner. A member so excused shall be exempt from 
duty and from attendance at the police station or other place, 
but otherwise shall be subject to all laws, rules and regula- 
tions relating to members of the department. The police 
commissioner may, in case of an emergency or of an unusual 
demand for the services of the police, prevent any member 



Acts, 1950. — Chap. 321. 179 

of the department from taking the days off at the time when 
he is entitled thereto or at the time assigned therefor. In no 
case shall the number of such days off be less than one hun- 
dred and four in each j-'ear, and they shall be in addition to 
any annual vacation now or hereafter allowed to members of 
the department, and such annual vacation shall not be dimin- 
ished on account thereof. 

Section 3. This act shall be submitted to the registered 
voters of the city of Maiden for acceptance at the biennial 
state election in the current year, in the form of the follow- 
ing question which shall be placed on the official ballot to be 
used in said city at said election: — "Shall an act passed by 
the general court in the year nineteen hundred and fifty, 
entitled 'An Act providing for two days off out of every seven 
days for members of the Maiden police department', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, then this act shall take full effect, 
but not otherwise. Approved April 10, 1950. 



Chap.321 



An Act to define more clearly certain terms as used 
IN the motor vehicle law^s. 

Be it enacted, etc., as folloivs: 

Section 1. Section 1 of chapter 90 of the General Laws g. l. (Ter. 
is hereby amended by striking out the definition of "Motor amended. ^ ^' 
cycle", as appearing in the Tercentenary Edition, and in- 
serting in place thereof the following: — 

"Motor cycle", any motor vehicle, except a tractor, having "Motorcycle- 
less than four wheels in contact with the ground and a seat t^efined. 
or saddle on which the driver sits or a platform on which he 
stands, and any bicycle with a motor or driving wheel at- 
tached. 

Section 2. Said section 1 of said chapter 90 is hereby fur- g. l. (Ter. 
ther amended by striking out the definition of "Motor ve- ftc'^f^thlr' 
hides", as appearing in chapter 93 of the acts of 1948, and amended, 
inserting in place thereof the following: — 

"Motor vehicles", all vehicles constructed and designed "Motor_^ 
for propulsion by power other than muscular power including defined^ 
such vehicles when pulled or towed by another motor vehicle, 
except railroad and railway cars, vehicles operated by the 
system known as trolley motor or trackless trolley under 
chapter one hundred and sixty-three or section ten of chap- 
ter five hundred and forty-four of the acts of nineteen hundred 
and forty-seven, vehicles running only upon rails or tracks, 
vehicles used for other purposes than the transportation of 
property and incapable of being driven at a speed exceeding 
twelve miles per hour and which are used exclusively for the 
building, repair and maintenance of highways or designed 
especially for use elsewhere than on the travelled part of 
ways, wheelchairs owned and operated by invalids and 
vehicles which are operated or guided by a person on foot. 
In doubtful cases, the registrar may determine whether or 
not any particular vehicle is a motor vehicle as herein de- 



180 Acts, 1950. — Chaps. 322, 323. 

fined. If he determines that it should be so classified, he 
may require that it be registered under this chapter, but such 
determination shall not be admissible as evidence in any ac- 
tion at law arising out of the use or operation of such vehicle 
previous to such determination, 
EdV' 9o"§ 1 Section 3. Said section 1 of said chapter 90 is hereby 
etc., 'further " further amended by striking out the definition of "Trans- 
amended. porter", inserted by section 5 of chapter 511 of the acts of 

1948, and inserting in place thereof the following: — 
d^^ne'd^"'^*^'^ ' "Transporter", any person engaged in the business of 
transporting or delivering under their own power motor 
vehicles not owned by him. Approved April 10, 1950. 

Chap.S22 An Act relative to the sale, by certain persons, of 

FRUIT AND vegetables ON THE LORD's DAY. 

Be it enacted, etc., as folloivs: 

EdYim'^\ 6 Section 6 of chapter 136 of the General Laws, as most re- 
etcVamended! ceutly amended by section 1 of chapter 256 of the acts of 

1950, is hereby further amended by adding at the end 

thereof the following paragraph : — 
Lord's day. jv^qj, ghaH ^^ prohibit the sale of fruit and vegetables by 

the person who raised the same, or by his agent thereunto 

duly authorized, on premises owned or leased by him. 

Approved April 10, 1950. 

Chav.S23 An Act providing for a five day work week for police 

OFFICERS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of 
general or special law, the services of all police officers of 
the city of Boston shall be restricted to five days in any one 
week; provided, that, in case of any public emergency, or 
of any unusual demand for the services of said police, service 
in excess of five days may be authorized by the police com- 
missioner, and such additional services shall be compensated 
for as overtime. The compensation payable to any police 
officer shall not be reduced by reason of acceptance of this act. 

Section 2. This act shall be submitted to the registered 
voters of the city of Boston at the biennial state election 
in the current year in the form of the following question 
which shall be placed upon the official ballot to be used in 
said city at said election: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty, 
entitled 'An Act providing for a five day work week for 
police officers of the citj'' of Boston', be accepted?" If a 
majority of votes in answer to said question is in the affirm- 
ative, this act shall take full effect on January first, nineteen 
hundred and fifty-one, but not otherwise. 

Approved April 10, 1950. 



Acts, 1950. — Chaps. 324, 325. 181 



An Act relative to the tenure of office of assistant (JJ^av.S24: 

CLERKS OF the SUPERIOR COURT FOR CRIMINAL BUSINESS ^' 

IN SUFFOLK COUNTY. 

Be it enacted, etc., as follows: 

Section 5 of chapter 221 of the General Laws, as most %^Y 22h\ 5, 
recently amended by chapter 379 of the acts of 1949, is etc'ainondcd! 
hereby further amended by striking out the sixth paragraph 
and inserting in place thereof the following paragraph: — 

Suffolk, (a) superior court, by the clerk of the superior Assistant 
court for criminal business, assistant clerks who shall hold sJijcHor and 
office during good behavior, subject to applicable retirement •Xo'iaf courts 
laws, and who may be removed by the court or for cause by for Suffolk 
the clerk; such removal, however, if by the clerk, shall, on ^""'i*^^- 
petition of an assistant clerk so removed, be subject to a 
review by the justice of the district court within the territorial 
jurisdiction of which such assistant clerk lives; such petition 
shall be filed by such assistant clerk in said district court 
within thirty days from the date of his removal by the clerk; 
after such notice as the court deems necessary, it shall review 
such action of the clerk and determine, after a hearing, 
whether such action was justified; if the court finds that 
such action was justified such removal shall be affirmed, 
otherwise it shall be reversed and of no effect; if the court 
finds that such removal was unjustified such assistant clerk 
shall be reinstated to his former position without loss of 
compensation. The decision of the court shall be final. 
(6) Supreme judicial court, by the clerk of the supreme 
judicial court for said county a second assistant clerk, desig- 
nated from his office force, and said second assistant clerk 
appointed under the authority of this paragraph who shall 
hold such office during good behavior, but subject to appli- 
cable 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 jurisdiction in which he 
resides prajdng 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; other- 
wise, 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 reinstated thereto 
without loss of compensation. The decision of the court 
shall be final. Approved April 10, 1950. 



An Act prohibiting discriminatory zoning by-laws and (^/^^r) 325 

ORDINANCES. ^' 

Whereas, The deferred operation of this act would tend Emergency 

, , .' 1 . 1 • J r ■, preamble. 

to defeat its purpose, which is to remove from any city or 



182 



Acts, 1950. — Chap. 326. 



G. L. (Ter. 
Ed.), 40. § 25, 
etc., amended. 



Limitation 
of particular 
classes of 
buildings, etc. 



G. L. (Ter. 
Ed.), 40, §30B, 
etc., amended. 
Information 
to be brought 
by attorney 
general. 



town the right to prohibit or Umit the use of certain lands 
for religious purposes, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1, The first paragraph of section 25 of chapter 
40 of the General Laws, as appearing in section 1 of chapter 
269 of the acts of 1933, is hereby amended by adding at the 
end the following sentence : — No by-law or ordinance which 
prohibits or hmits the use of land for any church or other 
religious purpose or which prohibits or Hmits the use of land 
for any religious, sectarian or denominational educational 
purpose shall be valid. 

Section 2. Section SOB of said chapter 40, inserted by 
section 2 of chapter 133 of the acts of 1938, is hereby amended 
by adding at the end the following sentence : — The attorney 
general, in his own name as such officer, shall bring an 
information in equity for a declaratory decree as to the 
validity of any municipal ordinance or by-law enacted under 
sections twenty-five to thirty A, inclusive. 

Approved April 11, 1950. 



G. L. (Ter. 
Ed.). 140, § 27, 
etc., amended. 



Registers to 
be kept by 
innkeepers, 
and operators 
of overnight 
camps, cabins, 
or trailer 
coach parks. 



C/iap.326 An Act relative to trailer coach parks. 

Be it enacted, etc., as follows: 

Section 1. Section 27 of chapter 140 of the General 
Laws, as most recently amended by chapter 375 of the acts 
of 1947, is hereby further amended by striking out, in line 
5, the word "camp", the third time the same appears, and 
inserting in place thereof the words: — coach park, — so that 
the first sentence will read as follows: — Every innholder, 
and every lodging house keeper re(]uired so to do under sec- 
tion twenty-eight, and every person who shall conduct, con- 
trol, manage or operate, directly or indirectly, any recrea- 
tional camp, overnight camp or cabin, or trailer coach park, 
shall keep or cause to be kept, in permanent form, a register 
in which shall be recorded the true name or name in ordinary 
use and the residence of every person engaging or occupying 
a private room averaging less than four hundred square feet 
floor area, excepting a private dining room not containing a 
bed or couch, or opening into a room containing a bed or 
couch, for any period of the day or night in any part of the 
premises controlled by the licensee, together with a true and 
accurate record of the room assigned to such person and of 
the day and hour when such room is assigned. 

Section 2. Said chapter 140 is hereby amended by strik- 
ing out the caption preceding section 32 A, inserted by chap- 
ter 416 of the acts of 1939, and inserting in place thereof the 
following caption: — recreational camps, overnight 

CAMPS OR CABINS AND TRAILER COACH PARKS. 

Section 3. Section 32A of said chapter 140, as so in- 
serted, is hereby amended by striking out, in fine 4, the word 



G. L. (Ter. 
Ed.). 140, 
caption preced- 
ing § 32A. 
amended. 



G. L. (Ter. 
Ed.), 140, 
5 32A, etc., 
amended. 



Acts, 1950. — Chap. 326. 183 

"camp" and insortinj^; in place thereof the words: — coach 

park, — so as to read as follows: — Section 32 A. No person overnight 

shall conduct, control, manage or operate, directly or in- co^ch^ark^?'^ 

directly, any recreational camp, overnight camp or cabin or fi'^f ^*"j^® 

trailer coach park unless he is the holder of a license granted 

under the following section. 

Section 4. Section 32B of said chapter 140, as most re- g. l. (Xer. 
cently amended by chapter 153 of the acts of 1945, is hereby f sbVlltc.. 
amended by striking out, in lino 6, the word "camps", the amended. ' 
third time the same appears, and inserting in place thereof 
the words: — coach parks, — and by inserting after the word 
"shall", in line 11, the words: — , except as provided in 
section thirty-two O, — so that the first two sentences will 
read as follows: — The board of health of any city or town, Local boards 
in each instance after a hearing, reasonable notice of which Tslue Ucenses. 
shall have been published once in a newspaper published in 
such city or town, may grant, and may suspend or revoke, 
licenses for recreational camps, overnight camps or cabins or 
trailer coach parks located within such city or town, which 
license, unless previously suspended or revoked, shall expire 
on December thirty-first in the year of issue, but may be re- 
newed annually upon application without such notice and 
hearing. The fee for each original hcense shall, except as 
provided in section thirty-t\vo G, be three dollars and for 
each rene\val thereof fifty cents. 

Section 5. Section 32C of said chapter 140, inserted by g. l. (Ter. 
said chapter 416 of the acts of 1939, is hereby amended by f 32c!tto.. 
inserting after the word "camps", in line 2, the words: — amended. 
, trailer coach parks, — and after the word "camp", in line 
4, the words : — , trailer coach park, — so as to read as fol- 
lows: — Section 32C. Every board of health shall from time inspections, 
to time examine all camps, trailer coach parks and cabins 
licensed by it under authority of section thirty-two B, and 
if, upon such examination, such camp, trailer coach park or 
cabin is found to be in an unsanitary condition, said board of 
health may, after notice and a hearing, suspend or revoke 
the license. 

Section 6. Section 32D of said chapter 140, as so in- g. l. (Tct. 
serted, is hereby amended by inserting after the word f 32i^!t*t'c.. 
"camp", in hues 2 and 4, in each instance, the words: — amended. 
, trailer coach park, — so as to read as follows: — Sec- Rules, etc., 
tion 32D. Whoever conducts, controls, manages or operates *° ^® posted, 
any camp, trailer coach park or cabin licensed under section 
thirty-two B shall post in a conspicuous place near the en- 
trance to every such camp, trailer coach park or cabin a 
copy of the rules and regulations adopted thereunder, as 
most recently altered or amended. 

Section 7. Section 32E of said chapter 140, as so inserted, g\L. (jer. 
is hereby amended by inserting after the word "camp", in § 32E, etc.. 
line 2, the words: — , trailer coach park, — so as to read as ''™^"'^^'^- 
follows: — Section S2E. Whoever conducts, controls, man- Penalty, 
ages or operates any camp, trailer coach park or cabin subject 
to sections thirty-two A to thirty-two C, inclusive, which is 



184 



Acts, 1950. — Chap. 326. 



G. L. (Ter. 
Ed.), 140, 
§§ 32F to 32K 
added. 

"Trailer coach 
park" defined. 



Owner must 
be registered 
with city or 
town clerk. 



Fees. 



Applicant for 
licen.se for 

Cark without 
uildintis, etc., 
must flic 
plans and 
specifications. 



Licensee must 
keep register. 



not licensed under section thirty-two B, shall be punished by 
a fine of not less than ten nor more than one hundred 
dollars. 

Section 8. Said chapter 140 is hereby further amended 
by inserting after section 32E, as so inserted, the following 
six sections, under the caption trailer coach parks: — 
Section 32F. Any lot or tract of land upon which three or 
more trailer coaches occupied for dwelling purposes are lo- 
cated, including any buildings, structures, fixtures and 
equipment used in connection with trailer coaches, shall be 
deemed a trailer coach park. No lot or tract of land may be 
used for a trailer coach park unless the owner or occupant 
thereof is the holder of a license granted under section thirty- 
two B. 

Section 32G. The owner or occupant of said land licensed 
as provided in section thirty-two B, and the holder of any 
license for a trailer camp issued prior to the effective date 
hereof, shall annually, on or before April thirtieth, file with 
the city or town clerk where such license is to be or has been 
exercised, a certificate of registration setting forth the name 
and address of the holder of such license. Such fee as may 
be established from time to time by ordinance or by-law may 
be charged for any such license or registration, provided the 
fee for the license shall not exceed fifty dollars, and the fee for 
the annual registration shall not exceed three dollars. In 
addition to the annual license fee there shall be a quarterly 
fee of nine dollars for each trailer coach occupying space in 
a trailer coach park for a period of more than ten days in 
any quarter. Such fee shall be collected by the owner of 
such trailer coach park, who shall file a return thereof with 
the city or town clerk. Such fee shall not apply to any 
trailer coach upon which a regular real or personal property 
tax has been assessed in such city or town. 

Section 32 H. An applicant for a license under section 
thirty-two B for a trailer coach park which has not been 
equipped with the buildings, structures, fixtures and facilities 
necessary to conduct a trailer coach park, shall file with the 
board a plan showing the buildings, structures, fixtures and 
facilities, and in general the proposed set-up which he plans 
to have upon said premises if and when the licen.se may issue, 
together with an itemized estimate of the cost of the same, 
and thereupon the board, with the approval of the state de- 
partment of public health, shall grant a trailer coach park 
license upon the condition that such license shall issue upon 
the completion of the premises according to the plans and 
estimate submitted, providing that the proposed trailer coach 
park will be in compliance with all applicable laws, ordi- 
nances, rules and regulations. Such conditional license may 
be suspended or revoked in accordance with the provisions 
of section thirty-two B. 

Sectioyi 321. Every holder of a license for a trailer coach 
park shall keep or cause to be kept, in permanent form, a 
register in which shall be recorded the true name or name in 



Acts, 1950. — Chap. 326. 185 

ordinary use, addross and registration of each owner and 
occupant of a trailer coach or motor vehicle renting space at 
such park, the date of entering and the date of leaving of 
said trailer coach or motor vehicle. Such register shall be 
retained by the holder of the license for a period of at least 
one year after the date of the last entry, and shall be open to 
the inspection of the licensing authorities, their agents, and 
the police. Whoever wilfully and knowingly violates any 
provision of this section shall be punished by a fine of not less 
than five dollars nor more than one hundred dollars. 

Section S2J . If the trailer coach owner holds possession Licensee 
of a trailer coach space in a trailer coach park without right, possetsi'on'to 
after the determination of a lease by its own limitation, or "''^'^^ ^i"*"^- 
by notice to quit, or otherwise the Hcensee entitled to the 
trailer coach space may recover possession thereof by sum- 
mar}^ process. 

Section 32K. Any person aggrieved by any act, rule, order Appeal from 
or decision of the licensing board, may appeal to the superior board."^ 
court. After suspension or revocation the license may be re- 
instated or reissued if the conditions leading to suspension or 
revocation have been remedied and the park is being main- 
tained and operated in full compliance with law. 

Section 9. Chapter 2.55 of the General Laws is hereby q. l. (Ter. 
amended by inserting after section 25, as appearing in the ^^t^^■'%2bk, 
Tercentenary Edition, the following section: — Section 25 A. acided. 
Persons maintaining trailer coach parks for the rental of Lien for 

' rent stor&Kc 

space to be occupied by trailer coaches and vehicles, for the etc. ' 
furnishing of facilities in connection therewith, and for the 
storage and care of trailer coaches brought to their premises 
or placed in their care by and with the consent of the owners 
thereof, shall have a lien upon such trailer coaches and the 
contents thereof for proper charges due them for such rental, 
facilities, storage and care, and any tax assessed by reason 
of such trailer coach having occupied space in such trailer 
coach park. 

Section 10. Section 26 of said chapter 255, as so ap- g. l. (Ter. 
pearing, is hereby amended by striking out, in line 6, the amend^e^d".' ^ ^^'' 
words "on twenty-five" and inserting in place thereof the 
words: — , twenty-five or twenty-five A, — so as to read as 
follows : — Section 26. A person who has a lien, which is Enforcement 
not described in sections fourteen to twenty-two, inclusive, «>f^'^"- 
or in chapter two hundred and fifty-four, for money due to 
him on account of work and labor, storage, care and dili- 
gence, or mone}^ expended on or about personal property 
under a contract express or imphcd, if such money is not 
paid, in the case of a lien described in section twenty-four, 
twenty-five or twenty-five A within ten days, or in other 
cases within sixty days, after a demand in writing delivered 
to the debtor or left at his usual place of abode, if within the 
commonwealth, or mailed postpaid to him at his usual place 
of abode without the commonwealth, may file a petition in 
the superior court or in a district court within the jurisdic- 
tion of which the petitioner resides or has his usual place of 



186 Acts, 1950. — Chap. 327. 

business for an order for the sale of the property in satisfac- 
tion of the debt. 
Ed )' 25r'§ 27, Section 11. Section 27 of said chapter 255, as so appear- 
amended.' ' ing, is hereby amended by striking out, in Hne 7, the words 
"or twenty-five" and inserting in place thereof the words: 
— , twenty-five or twenty-five A, — so as to read as follows : 
Notice. — Section 27. The court shall thereupon issue a notice to 

the owner of the property to appear at a time and place 
designated, which shall be served by an officer qualified to 
serve civil process or b}'- a disinterested person by delivering 
to the owner or by leaving at his usual place of abode, if 
within the commonwealth, a copy thereof seven days before 
the hearing in proceedings to enforce liens described in sec- 
tion twenty-four, twenty-five or twenty-five A or fourteen 
days before the hearing in other cases. The return, if not 
made by an officer, shall be on oath. 
EdV'25^r'§ 31. Section 12. Said chapter 255 is hereby amended by 
amended.' ' striking out scction .31, as so appearing, and inserting in 
Preceding placc thereof the following section : — Section 31 . Sections 

no^^r'eJtrktive. twcnty-thrcc to twenty-uine, inclusive, shall not restrict the 
right of a person who has a lien upon property to hold or 
dispose of it in any other lawful manner. 

Approved April 11, 1950. 

Chap.Z27 An Act authorizing and directing the county com- 
missioners OF ESSEX COUNTY TO ERECT AND EQUIP A 
COURT HOUSE, INCLUDING QUARTERS FOR THE DISTRICT 
COURT AND THE REGISTRY OF DEEDS AT LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Essex county 
are hereby authorized and directed to erect and equip on or 
before December first, nineteen hundred and fifty-one a 
court house provided with adequate quarters for the district 
court and the registry of deeds, located within a radius of 
one quarter of a mile from the present existing district court 
house in the city of Lawrence. Said commissioners may 
take by eminent domain under chapter seventy-nine of the 
General Laws, or acquire by purchase or otherwise any 
land that may be necessary for the purposes of this act. 
Said commissioners are hereby authorized to expend a 
sum not exceeding six hundred thousand dollars for the 
erection, originally equipping and land damages, if any, of 
said court house. All sums, if any, received from the federal 
government for the purposes of this act shall be included 
in, and considered a part of, the total amount authorized 
to be expended hereunder. 

Section 2. For the purpose of meeting the expenses 
authorized by section one, the county treasurer, wth the 
approval of the county commissioners, shall issue bonds or 
notes of the county, in a total amount not to exceed six 
hundred thousand dollars, which shall bear on their face 
the words, Essex County Court House Loan, Act of 1950; 



Acts, 1950. — Chaps. 328, 329. 187 

and such bonds or notes shall be payable in not more than 
twenty years from their dates of issue. Such bonds or notes 
shall be signed by the treasurer of said county and counter- 
sigiied by a majority of the county commissioners. The 
county may sell the said securities at public or private sale 
upon such terms and conditions as the county commissioners 
may deem proper, but not for less than their par value. 
Receipts from the sale of such bonds or notes shall be applied 
to the payment of costs of construction and equipment and 
to the payment of any temporary loans authorized under 
section three, or to any of such purposes. Indebtedness 
incurred under this act shall, except as herein provided, 
be subject to chapter thirty-five of the General Laws. 

Section 3. The county treasurer of said county, with 
the approval of the county commissioners, may from time 
to time make temporary loans in anticipation of the serial 
loan authorized by section two in such sums as may be 
necessary, but not exceeding, in the aggregate, six hundred 
thousand dollars, and may issue notes of the county therefor, 
payable in not more than one year from their date or dates 
of issue. 

Section 4. Chapter 729 of the acts of 1949 is hereby 
repealed. 

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

Approved April 17, 1950. 

An Act relative to the membership of the board of ChaV''d2^ 

ZONING ADJUSTMENT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 20 of chapter 488 of the acts of 1924, 
as most recently amended by section 6 of chapter 165 of the 
acts of 1948, is hereby further amended by striking out 
wherever they appear the words "Team Owners Association " 
and inserting in place thereof the words: — Massachusetts 
Motor Truck Association, Inc. 

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

Approved April 17, 1950. 



An Act relative to the leasing by the city of fitchburg 
or suitable headquarters for veterans' organi- 
zations. 



C/iap.329 



Be it enacted, etc., as follows: 

Section 1. The city of Fitchburg may, for the purpose 
of pro\'iding suitable headquarters for veterans' organizations 
under the provisions of section nine of chapter forty of the 
General Laws, annually appropriate not more than sixty- 
eight hundred dollars, notwithstanding the provisions of 
said section nine which limit the amount of money that 
may be appropriated for such purpose. 

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

Approved April 17, 1950. 



188 Acts, 1950. — Chaps. 330, 331, 332. 



Chap. SSO An Act to authorize the town of ashby to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for and 
constructing and originally equipping and furnishing a new 
school building; the town of Ashby 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, Ashby School Loan, Act of 1950. 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 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 17, 1950. 

Chap. SSI An Act authorizing the sandwich water district to 

MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of extending its water mains 
and improving its water distribution facilities, the Sandwich 
water district may borrow, from time to time \\ithin five 
years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, one hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Sandmch Water 
District Loan, Act of 1950. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than thirty years from their dates. Indebtedness 
incurred under authority of this act shall be outside the 
statutory limit of indebtedness, but shall, except as other- 
wise provided in this act, be subject to chapter forty-four of 
the General Laws. 

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

Approved April 17, 1950. 

Chap.SS2 An Act authorizing the county commissioners of Bris- 
tol county to erect and furnish an ADDITION TO THE 
superior court house in THE CITY OF NEW BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Bristol county 
are hereby authorized to raise and expend a sum not exceed- 
ing one hundred and twenty-five thousand dollars for the 
erection on land now owned by said county in the city of 



Acts, 1950. — Chap. 333. 189 

New Bedford of an addition to the superior court house lo- 
cated in said city and the equipping and furnishing thereof. 
Said addition shall be erected for the purpose of providing 
suitable quarters for the second judge of the probate court 
of said count}', together with a court room for said court, for 
providing reasonably convenient quarters for women jurors 
and for providing additional space for the law library now 
located in said court house. 

Section 2. To provide funds for the erection and fur- 
nishing of the addition mentioned in section one of this act, 
the county treasurer of Bristol county, with the approval of 
said county commissioners, may borrow from time to time 
on the credit of the county such sums, not exceeding in the 
aggregate, one hundred and twenty-five thousand dollars, as 
may be necessary, and ma}^ issue bonds or notes therefor, 
which shall bear on their face the words, Bristol County 
Court House Addition, Act of 1950. Each authorized issue 
shall constitute a separate loan. Such bonds or notes shall 
be pa^'able in such annual instalments, beginning not more 
than one year from the date thereof, as will extinguish each 
loan in not more than fifteen years from their dates, and so 
that the amount of such annual payment in any year shall 
not be less than the amount of the principal of the loan pay- 
able in any subsequent year. Such bonds or notes shall be 
signed by the treasurer of the county and countersigned by 
a majority of said county commissioners. The county may 
sell said securities at public or private sale upon such terms 
and conditions as said county commissioners may deem 
proper, but not for less than their par value. 

Section 3. The county treasurer of Bristol county, with 
the approval of said county commissioners, may issue tem- 
porary 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 this act, and may renew the same ; but 
the time within which such serial bonds or notes shall be- 
come due and payable shall not by reason of such temporary 
notes, be extended beyond the time fixed by this act. Any 
notes issued in anticipation of the serial bonds or notes shall 
be paid from the proceeds thereof. 

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

Approved April 17, 1950. 

An Act authorizing the town of Harwich to erect, Chav.^'^Z 

CONSTRUCT AND MAINTAIN A WATER STORAGE TANK, 
PIPE LINES AND OTHER APPURTENANCES. 

Be it enacted, etc., as follows: 

Section 1. The town of Harwich may erect and main- 
tain a water storage tank, and may construct and maintain 
pipe lines and other equipment appurtenant thereto in 
Brooks park, a town park, and the agents and officers of said 
town may enter through and over said park for all such 
purposes. 



190 Acts, 1950. — Chaps. 334, 335. 

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. 

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

Approved April 17, 1950. 

Chap. 334: An Act authorizing the chelmsford water district to 

APPROPRIATE AND PAY SUMS OF MONEY TO CERTAIN PER- 
SONS FOR MONEY EXPENDED BY THEM FOR WATER MAIN 
EXTENSIONS. 

Be it enacted, etc., as follows: 

Section 1. The Chelmsford Water District is hereby au- 
thorized to appropriate the sum of four thousand seven 
hundred and ninety-five dollars and fifty-nine cents and pay 
to the following named persons the following sums to reim- 
burse them for moneys expended by them for water main 
extensions in or on certain private ways in said district, 
viz. : — 

1. Stanley A. Griffin: — 

Clear street $1,816 19 

2. Karl Perham : — 

Hornbeam Hill road ...... 1,165 50 

3. Howard T. McGaughey: — 

Priscilla avenue ....... 1,813 90; 

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

Section 2. For the purpose of making said payments, 
said district may borrow, from time to time within five years 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, five thousand dollars, and 
may issue notes therefor, which shall bear on their face the 
words, Chelmsford Water District Loan, Act of 1950. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than five years from their 
dates. Indebtedness incurred under authority of this act 
shall be included in the debt limit fixed by the last paragraph 
of section eight of chapter forty-four of the General Laws and 
debt incurred hereunder shall, except as otherwise provided 
in this act, be subject to said chapter. 

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

Approved April 17, 1950. 

Chap.335 An Act reviving the marine optical mfg. co. 

Emergency Whcreas, The deferred operation of this act would delay 

pream e. ^j^^ dispositiou of Certain tlnited States and foreign trade- 



Acts, 1950. — Chaps. 336, 337. 191 

mark rights, together with the business and the good will of 
the business associated with said trade-marks and identified 
thereby, and also certain United States patent rights and 
copyrights by the corporation revived thereby and it is essen- 
tial that such disposition be effected as soon as possible, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Marine Optical Mfg. Co., a corporation dissolved on 
December twenty-second, nineteen hundred and forty-three 
by decree of the supreme judicial court for Suffolk county, is 
hereby revived and continued for a period of six months from 
the effective date of this act for the sole purpose of assigning 
certain United States and foreign trade-mark rights, together 
with the business and the good will of the business associated 
with said trade-marks and identified thereby, and also cer- 
tain United States patent rights and copyrights. 

Approved April 17, 1950. 



An Act authorizing the town of mendon to appropriate QJiaj) 336 

AND PAY A SUM OF MONEY TO THE WIDOW OF MATTHEW 
MANTONI, late CHIEF OF POLICE OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public good, 
the town of Mendon is hereby authorized to appropriate and 
pay to Dorothy Mantoni, the widow of Matthew Mantoni, 
who was killed on January eleventh in the current year 
while in the performance of duty as chief of police of said 
to^^Ti, an annuity of five hundred dollars for the benefit of 
said widow and her three minor children. 

Section 1A. 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. 

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

- Approved April 17, 1950. 

An Act requiring the indemnification of volunteer QJiav 337 
firemen in certain cases. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which, in part, is to make its provisions '"^^'"" 
applicable forthwith to volunteer firemen, 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 100 of chapter 41 of the General Laws, as amended, g^^- ^|®j- j^q 
is hereby further amended by striking out the second sen- etc!. 'amended. ' 
tence and inserting in place thereof the following sentence: — 



192 Acts, 1950. —Chap. 338. 

^fir"depan- ^^^ ^^^ purposes of this section, call firemen and volunteer 
ment. firemen shall be considered members of a fire department. 

Approved April 17, 1950. 

Chap.SSS An Act to regulate the drawing of water from upper 

NAUKEAG POND BY THE TOWNS OF WINCHENDON AND 
ASHBURNHAM. 

Be it enacted, etc., as follows: 

Section 1. At all times after the effective date of this 
act the towns of Ashburnham and Winchendon may, for the 
purposes specified in chapter three hundred and ninety-eight 
of the acts of eighteen hundred and eighty-eight and chapter 
three hundred and eighty-six of the acts of eighteen hundred 
and ninety-four, withdraw from Upper Naukeag pond the 
amounts of water necessary to meet the reasonable require- 
ments of said towns and the inhabitants thereof to an amount 
not exceeding, in the aggregate, the safe yield of said pond 
as shall be determined by the state department of public 
health; provided, that each of said towns shall be entitled 
to withdraw an amount equal to one half the safe yield so 
determined. Should the requirements of one town exceed 
one half of said safe yield, it may withdraw additional 
amounts not then required for the needs of the other town 
as may be approved by said department. Said towns shall 
adopt all reasonable measures recommended by the said 
department to prevent the wasting or improper use of water 
withdrawn from said pond by said towns, or by either of 
them, under the provisions of law. 

Section 2. In case at any time after the effective date of 
this act it becomes necessary or it is deemed desirable to 
increase the storage capacity of said pond or to divert water 
into the pond from additional areas by the erecting of new 
dams or other structures, the expense of the construction 
and maintenance thereof and all damages resulting there- 
from shall be borne and paid by said towns in proportion to 
the benefits received by each town for such increase in storage 
capacity and water supply, reference being had to the con- 
dition of said towns existing at the time of the erection of 
said dams or other structures as said conditions may relate 
to the limitations set forth in section one of this act. 

Section 3. If the town of Winchendon shall construct 
and lay aqueducts, conduits or pipes in said town of Ash- 
burnham as heretofore authorized, said town of Winchendon 
shall furnish water from such hydrants as said towns may 
agree upon along the pipe lines of said town of Winchendon 
constructed and maintained under the provisions of said 
chapter three hundred and eighty-six of the acts of eighteen 
hundred and ninety-four, and water for domestic and other 
purposes to such individuals of the town of Ashburnham as 
reside within the vicinity of said pipe lines at such rates and 
under such terms as said towns, acting through their re- 
spective boards of water commissioners, may mutually agree. 



Acts, 1950. — Chaps. 339, 340. 193 

In case of failure to agree as to the price for water furnished 
and the manner or location of construction or location of 
hydrants, the state department of public utilities, upon peti- 
tion of either town or of any aggrieved inhabitants of the 
town of Ashburnham, shall determine the price and manner 
and location of construction or location of hydrants and such 
determination shall be final. 

Section 4. The towns of Ashburnham and Winchendon, 
acting jointly, shall install and maintain such measuring and 
recording devices satisfactory to the state department of 
public health as may be necessary to record at all times 
accurately and regularly and permanently (a) the amount of 
water taken from said pond; (b) the amount of water re- 
leased from said pond; (c) the amount of water diverted 
into said pond; (d) the elevation of water in said pond; and 
(e) the amount of water flowing in the river below the outlet 
of said pond; and said towns shall file, on or before the fif- 
teenth of January of each year, with said department a true 
and correct transcript of all such records for the preceding 
calendar year, and shall from time to time, upon request of 
said department, file interim reports of such records. 

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

Approved April 17, 1950. 



An Act validating and confirming the election of 
officers and other proceedings of the annual 
town meeting of the inhabitants of the town of 
groton in the current year. 

Be it enacted, etc., as follows: 

Section 1. The election of officers and other proceedings 
at the annual to^^^l meeting of the inhabitants of the town 
of Groton held on Monday, February sixth, in the current 
year, if otherwise valid, are hereby validated and confirmed, 
notwithstanding that the warrant for such meeting was not 
posted until Monday, January thirtieth, in the current year, 
and said meeting is hereb}^ declared to be the annual town 
meeting of said town for the current year. 

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

Approved April 17, 1950. 

An Act increasing the amount of money allowed for 
traveling expenses to probation officers of the 
district courts in the county of barnstable. 

Be it enacted, etc., as follows: 

Subject to section eighty-one of chapter two hundred 
and eighteen of the General Laws, and notwithstanding the 
provisions of section ninety-four of chapter two hundred 
and seventy-six of the General Laws, probation officers of 
the district courts in tho county of Barnstable shall be 
reimbursed by the county for their actual disbursements for 
necessary expenses incurred while in the performance of 



C/iap.339 



Chap.34.0 



194 Acts, 1950. — Chaps, 341, 342. 

their duties, including their reasonable traveling expenses in 
attending conferences authorized by section ninety-nine of 
said chapter two hundred and seventy-six, not exceeding 
five hundred dollars to each in any one year, upon vouchers 
approved by the court by which they are appointed. 

Approved April 17, 1950. 

Chap. 34:1 An Act relative to the civil service status of BERNARD 
JOHANSON, AN EMPLOYEE IN THE BUILDING DEPARTMENT 
OF THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. Bernard Johanson, who has been in the 
employ of the building department of the city of Springfield 
as an inspector for over six years under provisional appoint- 
ment, shall be made a permanent employee in said depart- 
ment, and his tenure of office shall be unlimited, subject to 
the civil service laws and rules, but he shall be subjected by 
the division of civil service to a qualifying examination, and, 
upon passing said examination, shall be certified for his 
office 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 in the current year by vote of the city council of 
said city, subject to the provisions of its charter, but not 
otherwise. Approved April 17, 1950. 

Chav.S42 An Act to authorize the placing of the office of 

building inspector of the city of BEVERLY UNDER 
THE CIVIL SERVICE 'LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of building inspector of the city 
of Beverly shall, upon the effective date of this act, become 
subject to the civil service laws and rules, and the tenure of 
office of any incumbent thereof shall be unlimited, subject, 
however, to said laws. The incumbent of said office on said 
effective date shall be subjected to a qualifying examination 
for said office by the division of civil service. If said in- 
cumbent passes said examination, he shall be certified for 
said office and shall be deemed to be permanently appointed 
thereto without serving any probationary period, and his 
tenure of office shall be unhmited, subject, however, to the 
provisions of said laws. 

Section 2. This act shall be submitted to the voters of 
said city at the next city election in the form of the follow- 
ing 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 fifty, 
entitled 'An Act to authorize the placing of the office of 
building inspector of the city of Beverly under the civil 



Acts, 1950. — Chaps. 343, 344. 195 

service laws', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, this act shall 
take full effect, but not otherwise. 

Approved April 17, 1950. 



ChapMS 



An Act relative to the payment of hospital care 
furnished to recipients of old age assistance. 

Be it enacted, etc., as folloivs: 

Section 1 of chapter 118A of the General Laws is hereby g. l. (Ter. 
amended by striking out the last paragraph, as amended by ftti'amended!' 
section 2 of chapter 532 of the acts of 1945, and inserting in 
place thereof the following paragraph : — 

Expenses for hospital care rendered to an aged person may Payment of 
be paid directly to the person or hospital furnishing such pens*es°for 
service. Expenses for medical and other services rendered to F^re of certain 
an aged person which remain unpaid at the time of his com- aged persons, 
mitment to an institution as an insane person, or expenses 
for similar ser\'ices rendered to an aged person which remain 
unpaid at the time of his death, and also the expenses of his 
funeral, may be paid directly to the person furnishing such 
services; and, in addition, expenses for medical and other 
ser\ices rendered to an aged' person may be paid directly to 
the person furnishing such services, subject to any rule or 
regulation of the department relative to reimbursement un- 
der this chapter, in any case where such payment is necessarj'' 
to discharge an obligation incurred in securing such services 
for such aged person. Approved April 17, 1950. 

An Act relative to the appointment of the city solici- Qhav.Z'^^ 

TOR AND THE ASSISTANT CITY SOLICITOR IN THE CITY OF 
MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The city solicitor and the assistant city 
solicitor of the city of Maiden shall be appointed by the 
mayor, without confirmation by the city council or either 
branch thereof, in the month of January following his elec- 
tion, or whenever a vacancy in the office of city solicitor or 
assistant city sohcitor shall occur, and may be removed at 
any time by the mayor in like manner. Except as herein- 
after provided, the city solicitor and assistant city solicitor 
shall assume the duties of their respective offices on the day 
following their appointment and shall serve until their re- 
spective successors assume their said duties. The first ap- 
pointments under this act shall be made by the mayor elected 
in the year nineteen hundred and forty-nine, and said first 
appointees shall assume the duties of their respective offices 
immediately thereafter. 

Section 2. So much of chapter one hundred and sixty- 
nine of the acts of eighteen hundred and eighty-one, and 
acts in amendment thereof or in addition thereto, as is in- 
consistent with the provisions of this act is hereby repealed. 



196 Acts, 1950. — Chaps. 345, 346. 

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 17, 1950. 

Chap.S4:5 An Act relative to the amount of interest which may 

BE CHARGED ON CERTAIN LOANS ON POLICIES OF LIFE IN- 
SURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Edo.'iTs"' Section 1. Section 142 of chapter 175 of the General 

§ 142 etc., Laws, as most recentlv amended by section 8 of chapter 227 
of the acts of 1943, is hereby further amended by striking 
out the first sentence and inserting in place thereof the fol- 
poiides°° lowing sentence : — After premiums have been paid for at 

least three full years on an}^ policy of life insurance issued or 
delivered in the commonwealth by any life company, the 
holder thereof, upon written application therefor to the com- 
pany at its home office and upon an assignment of the policy 
to the company, in a form satisfactory to it, shall be entitled 
to a loan from the company of a sum not exceeding its loan 
value, on the sole security of the policy, with interest at a 
rate not exceeding five per cent per annum compounded an- 
nually or, at the option of the companj^ compounded semi- 
annually. 
ceruinTe^cUons SECTION 2. The provisious of the first sentence of section 
[°contmue ouc hundred and forty-two of chapter one hundred and 
seventy-five of the General Laws, as in force immediately 
prior to the effective date of this act, shall continue in force 
and apply to loans from life insvn-ance companies on the sole 
security of policies issued or delivered by them prior to said 
effective date. Approved April 17, 1950. 

Chap. 34:6 An Act authorizing the city of boston to use certain 
portions of boston common for the relief of traffic 
congestion. 

Be it enacted, etc., as follows: 

Section 1. To facilitate the free flow of traffic in Tremont 
street in the city of Boston, from Park street to Boylston 
street, said city, acting by and through its public works de- 
partment, is hereby authorized to use, for the purpose of 
providing space for the parking of motor vehicles using said 
Tremont street, such part or parts of that portion of Boston 
Common lying between the westerly curb line of said Tre- 
mont street and a line parallel thereto and twelve feet 
westerly therefrom as the board of park commissioners of 
said city, with the approval of its mayor, may set aside; 
provided, that the part or parts so set aside may be prepared 
for such use without expense to the Metropolitan Transit 
Authority and at a cost to said city of not more than one 
hundred thousand dollars. The part or parts so set aside 
shall be deemed to be a way or ways within or under the 



Acts, 1950. —Chap. 347. 197 

control of said city for the purposes of section twenty-two A 
of chapter forty of the General Laws, and of chapter two 
hundred and sixty-three of the acts of nineteen hundred and 
twenty-nine, and acts in amendment thereof or addition 
thereto, and for the purpose of appropriating funds for the 
preparation and maintenance of such part or parts, but for 
no other purpose. 

Section 2. 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 April 17, 1950. 

An Act relating to special insurance brokers. Chav 347 
Be it enacted, etc., as follows: 

Section 1. Section 168 of chapter 175 of the General EdVm'^ues 
Laws, as appearing in the Tercentenary Edition, is hereby amended! 
amended by striking out the first sentence and inserting in 
place thereof the following: — The commissioner may, upon spe.iai 
the payment of the fee prescribed by section fourteen, issue licenses. 
to any suitable person of full age resident in the common- 
wealth, a license to act as a special insurance broker to negoti- 
ate, continue or renew contracts of insurance against any of 
the hazards specified in an}^ of the clauses of section forty- 
seven excepting the fifteenth clause thereof, and except acci- 
dent and health, workmen's compensation, compulsory motor 
vehicle liability and life insurance on property or interests in 
this commonwealth in foreign companies not authorized to 
transact such business therein, upon the following conditions: 
The applicant for the license shall file with the commissioner 
a written application as prescribed by section one hundred 
and sixty-six, which shall be executed on oath by the appli- 
cant and kept on file by the commissioner. 

Section 2. Said section 168 of said chapter 175 is hereby g. l. (Xer. 
further amended by striking out the fourth sentence, as so ^'likViuther 
appearing, and inserting in place thereof the following: — amended. 
Before the person named in such license shall procure any Same subject. 
insurance in such companies on any such property or interest, 
he shall in every case execute, and within five days thereafter 
file with the commissioner, an affidavit, which shall have force 
and effect for one year only from the date of said affidavit, 
that he is unable to procure, in companies admitted to do 
business in the commonwealth, the amount of insurance 
necessary to protect said property or interests, and that he 
will procure insurance under such license only after he has 
procured insurance in companies admitted to do business as 
aforesaid to the full amount which said companies are willing 
to write on said property or interests; but such licensed per- 
son shall not be required to file such affidavit if one relative 
to the same property or interests has been filed within the 
preceding twelve months by any broker licensed under this 
section, nor to offer any portion of such insurance to any 
company not possessed of net cash assets of at least one 



198 Acts, 1950. — Chaps. 348, 349. 

hundred thousand dollars, nor to one which has within the 
preceding twelve months been in an impaired condition, nor 
shall such licensed person procure any such insurance on said 
property or interests from any foreign company not author- 
ized to transact business in the commonwealth unless (a) such 
company is possessed of net cash assets of at least two hun- 
dred thousand dollars computed on the basis fixed by sec- 
tions ten to twelve, inclusive, and on the form prescribed by 
section twenty-five, or (6) such company has filed a financial 
statement on a form satisfactory to the commissioner and 
conforms to and maintains the financial requirements speci- 
fied in subdivision (d) of the second paragraph of section 
twenty. 

Nothing in this section shall be deemed to amend or modify 
any of the provisions of, or any of the exemptions specified 
in, section one hundred and sixty. 

Approved April 17, 1950. 

Chap.SAS An Act placing the office of the chief engineer of 

THE FIRE DEPARTMENT OF THE TOWN OF LEE UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

The office of the chief engineer of the fire department 
in the town of Lee shall, upon the effective date of this act, 
become subject to the civil service laws and rules, and the 
tenure of office of any incumbent thereof shall be unlimited, 
subject, however, to said laws, but the person holding said 
office on said effective date shall continue to serve therein, 
provided that he shall pass a qualifying examination to 
which he shall be subjected by the division of civil service. 

Approved April 17, 1950. 

Chap. 34:9 An Act increasing the time during which employers 

SHALL retain RECORDS UNDER THE MINIMUM WAGE LAW 
SO-CALLED, AND ESTABLISHING A TIME DURING WHICH 
ACTION FOR VIOLATION OF THE SAME MAY BE BROUGHT. 

Be it enacted, etc., as follows: 

EdV ilri 15 Section 1. Section 15 of chapter 151 of the General 

etc!, "amended. ' Laws, as appearing in section 1 of chapter 432 of the acts 

of 1947, is hereby amended by striking out, in line 7, the 

words "one year" and inserting in place thereof the words: 

fm^io^^ees^ — ^^^ ycars, — so as to read as follows: — Section 15. 

and their Evcry cmploycr shall keep a true and accurate record of the 

'^***^' name, address and occupation of each employee, of the 

amount paid each pay period to each employee, of the hours 

worked each day and each week by each employee, and 

such other information as the commissioner in his discretion 

shall deem material and necessary. Such records shall be 

kept on file for at least two years after the entry date of the 

record. Such records shall be open to the inspection of the 

commissioner or his authorized representatives at any reason- 



Acts, 1950. — Chaps. 350, 351. 199 

able time, and they shall have the right to make a transcript 
thereof. Every employer shall furnish to the commissioner, 
or his authorized representative, on demand, a sworn state- 
ment of such record, and, if the commissioner shall so require, 
upon forms prescribed or approved by him. 

Section 2. Said chapter 151 is hereby further amended g,)^ {Jf • 
by inserting after section 20, as so appearing, the following new § 20A, 
section: — Section 20 A. The provisions of sections nine- p'^^^^j^^g ^^ 
teen and twenty shall not be applicable to any violation of certain sections 
any minimum fair wage order occurring more than two ""'^ ''pp'^^abie. 
years prior to the date of filing in court of a criminal or civil 
action. Approved April 17, 1950. 

An Act relative to the time when registers of deeds Qhni) 350 

SHALL commence MAKING MICROPHOTOGRAPHIC PROCESS 
COPIES OF RECORDS AND PROVIDING FOR THE FURNISHING 
OF EQUIPMENT AND SUPPLIES THEREFOR. 

Be it enacted, etc., as follows: 

Chapter 395 of the acts of 1949 is hereby amended by 
striking out section 3 and inserting in place thereof the 
following: — Section S. Every register of deeds shall, not 
later than October first, nineteen hundred and fifty, com- 
mence the making of microphotographic process copies of 
all books in his registry in which deeds, certificates of title 
and other instruments have been recorded or entered prior 
to the effective date of this act. To enable said registers to 
carry out the provisions of this act, the county commis- 
sioners of each county shall provide such equipment and 
supplies as are approved by the state secretary, or shall enter 
into a contract, \vith like approval, for the microfilming of 
records as aforesaid. If such equipment is not so provided 
or such contract is not so made on or before said October 
first, the register of deeds may, with like approval, procure 
such equipment or enter into such contract, and the cost 
thereof shall be paid by the county treasurer upon the 
approval of such register and of the state secretary. 

Approved April 17, 1950. 

An Act further regulating the amount of reinsurance ni^fjj. oci 

REQUIRED TO BE CARRIED BY SELF-INSURERS TO MAKE P- O 

CERTAIN THE PAYMENT OF "WORKMEN'S COMPENSATION 
PAYMENTS TO INJURED EMPLOYEES AND THEIR DEPENDENTS. 

Be it enacted, etc., as follows: 

Paragraph (2) (c) of section 25A of chapter 152 of the g. l. (Ter. 
General Laws, as most recently amended by section 4 of f25A?etc, 
chapter 441 of the acts of 1949, is hereby further amended amended. ' 
by striking out, in line 10, the words "two hundred and 
fifty" and inserting in place thereof the words: — five 
hundred, — so as to read as follows: — 

(c) As a further guarantee of a self-insurer's abihty to insurer re- 
pay the benefits provided for by this chapter to injured relM^eln 

certain oasea. 



200 Acts, 1950. — Chaps. 352, 353. 

employees, every self-insurer shall make arrangements 
satisfactory to the department, by reinsurance, to protect 
it from extraordinary losses or losses caused by one disaster. 
Such reinsurance shall be in such amounts and form as the 
department may approve and shall be effected with a com- 
pany as provided in section twenty of chapter one hundred 
and seventy-five, provided, the minimum amount shall be 
not less than five hundred thousand dollars. Such rein- 
surance shall provide that the use or disposition of any money 
received by a self-insurer or former self-insurer under any 
such reinsurance shall be subject to the approval of the 
department, and no such money shall be assignable or 
subject to attachment or be liable in any way for the debt 
of the self-insurer unless incurred under this chapter. The 
provisions of this paragraph shall not apply to common 
carriers by railroad which are subject to the provisions of 
the Federal Employers Liability Act. 

Appi'oved April 17, 1950. 

Chap.352 An Act placing the incumbent of the position of 

SUBSTITUTE MATRON IN THE POLICE DEPARTMENT IN THE 
CITY OF WORCESTER, MARY C. HAYES, UNDER THE CIVIL 
SERVICE LAWS AND RULES. 

Be it enacted, etc., as follows: 

Section 1. The incumbent of the position of substitute 
matron in the police department of the city of Worcester, 
Mary C. Hayes, shall, upon passing a qualifying examina- 
tion to which she shall be subjected by the division of civil 
service, continue to serve in said position subject to the civil 
service laws and rules and her tenure of oflice shall be un- 
limited, subject, however, to said laws and rules. Upon 
passing said examination, she shall be deemed to be per- 
manently appointed to said position without being required 
to serve any probationary period. 

Section 2. This act shall take effect upon its acceptance 
by the city council of said city, but not otherwise. 

Approved April 17, 1960. 

Chav 353 ^^ ■^^'^ relative to the appointment of a city manager 

IN CITIES HAVING A PLAN E FORM OF CHARTER. 

Be it enacted, etc., as follows. • 

G. L. (Tor. The first paragraph of section 103 of chapter 43 of the 

etcil'amemiclL ' General Laws, as appearing in section 15 of chapter 378 of 

the acts of 1938, is hereby amended by striking out, in 

lines 17 and 18, the words "or in the commonwealth", — 

City m:inaK<r, SO that the last sentence will read as follows: — No member 

fnoiigibnity- ' ^^ ^^^ ^^^y council shall during his term of office be chosen 

as city manager, and no person who has within two years 

been elected to or served in any elective office in the city or 

in the county in which the city is located shall be chosen as 

city manager. Approved April 17, 1960. 



Acts, 1950. — Chaps. 354, 355. 201 

An Act making certain laws affecting veterans and (Jfidj) 354 

THEIR organizations APPLICABLE TO THE SEABEE VET- ' ^' 
ERANS OF AMERICA, INC. — DEPARTMENT OF MASSACHU- 
SETTS. 

Be it enacted, etc., as follows: 

Section 1. Section 49 of chapter 33 of the General ej^^J^'j 
Laws, as most recently amended by chapter 254 of the acts etc!, amended'. 
of 1950, is hereby further amended by inserting after the 
word "Inc.", in hue 51, as appearing in section 1 of chapter 
27 of the acts of 1950, the words: — , Seabee Veterans of 
America, Inc. — Department of ]\Iassachusetts. 

Section 2. Clause (12) of section 5 of chapter 40 of the g. l. (Ter. 
General Laws, as most recently amended by section 2 of fto,!'amended 
said chapter 27 of the acts of 1950, is hereby further amended 
bj^ inserting after the word "Massachusetts", in line 22, 
the words: — , and of the Seabee Veterans of America, Inc. 
— Department of Massachusetts,. 

Section 3. Section 70 of chapter 266 of the General gj^^Jer ^^ 
Laws, as most recently amended by chapter 240 of the acts etc!, 'amended. ' 
of 1950, is hereby further amended by inserting after the 
word "Heart", in line 16, as appearing in section 3 of said 
chapter 27 of the acts of 1950, the words: — , the Seabee 
Veterans of America, Inc. — Department of Massachusetts. 

Approved April 17, 1950 

An Act relative to membership in the state-boston QJiaj) 355 

retirement system. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of chapter 
five hundred and twenty of the acts of nineteen hundred and 
forty-seven, any employee of the city of Boston or of the 
county of Suffolk who, on January first, nineteen hundred 
and forty-nine, was a member of the Boston retirement sys- 
tem, established under chapter five hundred and twenty-one 
of the acts of nineteen hundred and twenty-two, may be- 
come a member of the State-Boston retirement system by 
fifing, with the Boston retirement board, within and not 
later than sixty days from the effective date of this act, an 
application on a prescribed form for membership in said 
State-Boston retirement system; provided, that within six 
months from the effective date of this act he shall have paid 
into the annuity savings fund of the State-Boston retirement 
system, in one sum, or in installments upon such terms and 
conditions as the board may prescribe, make-up payments 
of a sum equal to the difference between the contributions he 
has made to the Boston retirement system since January 
first, nineteen hundred and forty-seven, and the contribu- 
tions he would have made had he joined the State-Boston 
retirement system on that date, together Avith regular interest 
thereon. No such member shall be entitled to full credit for 
service rendered prior to the date of his becoming a member 



202 Acts, 1950. — Chaps. 356, 357. 

unless and until he shall have completed the full amount of 
the make-up payment. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 
wise. Approved April 17, 1950. 

C/iap. 356 An Act relative to the establishment of salaries for 

MEMBERS OF THE CITY COUNCIL OF THE CITY OF SPRING- 
FIELD. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Springfield 
may, by a two thirds vote of all its members taken by yeas 
and nays, establish a salary for its members not exceeding 
seven hundred and fifty dollars for aldermen and five hundred 
dollars for councillors. Such salary may be reduced, but no 
increase therein shall be made to take effect during the year 
in which the increase is voted. 

Section 2. Such provisions of chapter one hundred and 
fifteen of the acts of nineteen hundred and thirty-seven and 
chapter ninety-four of the acts of eighteen hundred and fifty- 
two, and acts in amendment thereof and in addition thereto, 
as are inconsistent with this act are hereby repealed. 

Section 3. This act shall be submitted to the registered 
voters of the city of Springfield for acceptance at the next 
regular municipal election, 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 year nineteen hundred and fifty, entitled 'An Act 
relative to the establishment of salaries for members of the 
city council of the city of Springfield', be accepted?" If a 
majority of the votes in answer to said question is in the 
affirmative, then this act shall take full effect, but not other- 
wise. Approved April 17, 1950. 

Chav.357 An Act increasing benefits to widows and children of 

EMPLOYEES KILLED IN INDUSTRIAL ACCIDENTS. 

Be it enacted, etc., as follows: 

Edtilr'sai Section 31 of chapter 152 of the General Laws is hereby 
etc., 'amended. * amended by striking out the second paragraph, as most re- 
cently amended by chapter 666 of the acts of 1948, and in- 
serting in place thereof the following paragraph: — 
?<fvi*lnfa To the widow or widower, so long as she or he remains un- 

married, twenty dollars a week if and so long as there is no 
child of the employee, who is under the age of eighteen, or 
over said age and physically or mentally incapacitated from 
earning; to or for the use of the widow or widower and for 
the benefit of all children of the employee, twenty-five dollars 
a week if and so long as there is one such child, and five dol- 
lars more a week for each such additional child; provided, 
that in case any such child is a child by a former wife or hus- 



paymentB. 



Acts, 1950. — Chap. 358. 203 

band, the death benefit shall be divided between the surviving 
wife or husband and all living children of the deceased em- 
ployee in equal shares, the surviving wife or husband taking 
the same share as a child. If the widow or widower dies, 
such amount or amounts as would have been payable to or 
for her or his oa\ti use and for the benefit of all children of the 
employee shall be paid in equal shares to all the surviving 
children of the employee. If the widow or widower remarries, 
all payments under the foregoing provisions shall terminate 
and the insurer shall pay each week to each of such children of 
the employee seven dollars a week. If there is no surviving 
wife or husband of the deceased employee, such amount or 
amounts as would have been payable under this section to or 
for the use of a widow or widower and for the benefit of all 
such children of the employee, shall be paid in equal shares 
to all such surviving children of the employee, but no indi- 
vidual shall receive an amount in excess of twenty-five dol- 
lars a week. The total amount of payments and the period 
of payments in all cases under this section shall not be more 
than ten thousand dollars nor continue for more than four 
hundred weeks, except that payment to or for the benefit of 
children of the deceased employee under the age of eighteen 
shall not be discontinued prior to the age of eighteen, and 
except that after a dependent unremarried widow or physi- 
cally or mentally incapacitated child over the age of eighteen 
has received the maximum payments, he or she shall continue 
to receive further payments, but only during such periods as 
he or she is in fact not fully self-supporting. Either party 
may request hearings at reasonable intervals before a board 
member on the question of granting such payments, or on 
the question of restoration of such payments, or on the ques- 
tion of the discontinuance of such payments. A member of 
the board may set a case for hearing on his own initiative, 
after due notice to both parties. Approved April 17, 1950. 



An Act establishing the hillcrest water district in 
the town of leicester. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Leicester, 
liable to taxation in said town and residing within the terri- 
tory within the following boundary lines, to wit: — begin- 
ning at a point in the southerly boundary of the Leicester 
Water Supply District marked by a stone monument on the 
west side of Pleasant street; thence easterly by said boundary 
a distance of one thousand feet; thence by a straight line 
southerly to a point in the northerly line of King street where 
the westerly boundar}' of the right of way of the Cherry 
Valley and Rochdale Water District for its pipe line from 
Cherry Valley to Rochdale crosses said northerly line of 
King street; thence by the westerly boundary of said right 
of way to a point in the easterly side of Pleasant street; 
thence true west a distance of two thousand feet; thence 



C/iap.358 



204 Acts, 1950. — Chap. 358. 

northerly by a straight hne to a point in the southerly bound- 
ary of the Leicester Water Supply District; thence easterly 
by said southerly boundary to a distance of two thousand 
feet to the point of beginning, — shall constitute a water 
district and are hereby made a body corporate by the name 
of the Hillcrest Water District, hereinafter called the dis- 
trict, for the purpose of supplying themselves with water 
for the extinguishment of fires and for domestic and other 
purposes, with power to establish fountains and hydrants and 
to relocate and 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 pro- 
vided herein for the payment of such services, and for de- 
fraying the necessary expenses of carrying on the business 
of said district, subject to all general laws now or hereafter 
in force relating to such districts, except as other\vise pro- 
vided herein. The district shall have power to prosecute 
and defend all actions relating to its property and affairs. 

Section 2. For the purposes aforesaid, the district, acting 
by and through its board of water commissioners hereinafter 
provided for, may contract with any municipality, acting 
through its water department, or with any water company, 
or with any water district, for whatever water may be re- 
quired, 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, purchase or 
otherwise, and hold, the waters, or any portion thereof, of 
an}'' pond, spring or stream, or of any ground sources of 
supply by means of driven, artesian or other wells, within 
the town of Leicester and not already appropriated for the 
purposes of a public suppl}^ and the water and flowage rights 
connected with any such water sources; and for said pur- 
poses may take as aforesaid, or acquire by purchase or other- 
wise, and hold, all lands, rights of wa}^ and other easements 
necessary for collecting, storing, holding, purifying and pre- 
serving the purity of the water and for conve\dng the same 
to any part of said district; provided, that no source of 
water supply or lands necessary for pi-eserving 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, reser- 
voirs, 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 ma}'' 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 estabhshment 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 



Acts, 1950. —Chap. 358. 205 

efToctivo 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, 
wat(>r 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 acjueducts, 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 anj' such way shall be subject to the direction 
of the selectmen of the town of Leicester. 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 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. The district and the town 
of Leicester may contract for the rental of hydrants installed 
by the district. 

Section 3. Any person sustaining damages in his prop- 
erty b}' 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 imtil water is 
actually withdiawn or diverted under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than ex- 
penses of maintenance and operation, the district may bor- 
row from time to time such sums as may be necessary, not 
exceeding, in the aggregate, fifty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Hillcrest Water District Loan, Act of 1950. 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 accord- 
ance 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 



206 Acts, 1950. — Chap. 358. 

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 Leicester an- 
nually thereafter until the debt incurred by said loan or loans 
is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such 
manner as they shall deem for the best interest of the district. 
All authority vested in said board by this section shall be 
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 
notice whereof shall have been given, such estate is so situated 
that it will receive no aid in the extinguishment of lire 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 pro- 
ceeds 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 



Acts, 1950. — Chap. 358. 207 

prior to the acceptance of this act, after the choice of a 
moderator for the meeting the question of the acceptance of 
this act shall be submitted to the voters, and if it is accepted 
by a majority of the voters present and voting thereon it 
shall thereupon take effect, and the meeting may then proceed 
to act on the other articles in the warrant. After the quali- 
fication of a majority of the water commissioners, meetings 
of the district shall be called by warrant under their hands, 
unless some other method be provided by by-law or vote of 
the district. 

Section 9. The district shall, after the acceptance of this 
act as aforesaid, elect by ballot, either at the same meeting 
at which this act shall have been accepted, or thereafter, at 
an annual meeting or at a special meeting called for the pur- 
pose, three persons, inhabitants of and voters in said 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 commission- 
ers; and at every annual district meeting following such 
next succeeding annual district meeting one such commis- 
sioner 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 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 maj' 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 com- 
missioners 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 in- 
come of the water works shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 



208 Acts, 1950. — Chap. 359. 

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 com- 
missioners may recommend, and in case a surplus should 
remain after payment for such new construction the water 
. rates shall be reduced proportionately. Said water commis- 
sioners shall annually, and as often as the district may re- 
quire, render a report upon the condition of the works under 
their charge, and an account of their doings, including an 
account of receipts and expenditures. 

Section 11. The district may adopt by-laws, prescribing 
by whom and how meetings of the district may be called, 
notified, and conducted; and, upon the application of ten or 
more legal voters in the district, meetings may also be called 
by warrant as provided in section eight. The district may 
also establish rules and regulations for the management of 
its water works, not inconsistent with this act or with any 
other provision of law, and ma}'^ 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 the amount of 
damages assessed therefor, to be recovered in an action of 
tort, and upon conviction of any of the above wilful or 
wanton acts shall be punished by a fine of not more than 
three hundred dollars or by imprisonment for not more than 
one year, or both. 

Section 13. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act 
present and voting thereon, by the use of a check list, at a 
district meeting called, in accordance with section eight, 
within four years after its passage. 

Approved April 17, 1950. 

Chap.S59 An Act establishing the dighton water district in the 

TOWN OF DIGHTON, AND REPEALING ACTS ESTABLISHING 
THE DIGHTON WATER SUPPLY DISTRICT AND THE SOUTH 
DIGHTON FIRE AND WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Dighton, 
liable to taxation in said towai, and residing within the 
territory comprised within the following boundary lines, to 
wit: — Beginning at the intersection of the Taunton and 
Three Mile rivers and continuing up stream by the south 
side of the Three Mile river to the boundary of the North 
Dighton Fire District in the towTi of Dighton, thence 
southerly by said boundary to the southeast corner of the 



Acts, 1950. — Chap. 359. 209 

North Dighton Fire District in the town of Dighton, then 
westerly by said ciistriet boundary and extending beyond 
it to a corner five hundred feet true north of the center Hne 
of Tremont street at a point five hundred feet west of the 
intersection of the center lines of Middle street and Tremont 
streets, thence in a southerly direction to the northwest 
corner of the "Brick" Church cemetery on Center street, 
thence along the westerly boundary of said cemetery to a 
corner at Center street and thence proceeding southerly 
to a point twentj'-five hundred feet west of the intersection 
of the center lines of Milk and Main streets to a corner, 
thence southeasterly to a corner one thousand feet west of 
the center line of Elm street and five hundred feet south of 
the center line of Hart street, thence easterly parallel to 
Hart street and five hundred feet distant from the center 
hne of Hart street to the old road bed right of way of the 
New York, New Haven and Hartford Railroad, thence 
southerly by the old railroad right of way to Broad cove, 
thence southerly bj- the shore of Broad cove to the Dighton- 
Somerset boundary ; thence easterly by said boundary to the 
west bank of the Taunton river and thence northerly by the 
west shore of said river to the point of beginning, — shall 
constitute a water district and are hereby made a body 
corporate by the name of the Dighton Water District, 
hereinafter called the district, for the purpose of supplying 
themselves with water for the extinguishment of fires and 
for domestic and other purposes, with power to establish 
fountains and hydrants and to relocate and 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 alTairs. 

Section 2. For the purposes aforesaid the district acting 
by and through its board of water commissioners hereinafter 
provided for, may contract with any municipality, acting 
through its water department, or with any water company, 
or with any other water district, for whatever water may be 
required, authority to furnish the same being hereby granted, 
and may lay water mains anywhere within the town of 
Dighton for the purpose of securing said water supply, and, 
in addition or in the alternative, may take by eminent 
domain under chapter seventy-nine 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 Dighton not already 
appropriated and used for the purposes of a public water 
supply, and the water and flowage rights connected with 



210 Acts, 1950. — Chap. 359. 

any such water sources; and for said purposes may take as 
aforesaid, or acquire by purchase or otherwise, and hold, 
all lands, rights of way and other easements necessary for 
collecting, storing, holding, purifying and preserving the 
purity of the water and for 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 state 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 maintain 
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 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, 
railroads, railways and public or other ways, and along such 
ways, within said town of Dighton 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 reason- 
able direction of the selectmen of the town of Dighton. 
Said district shall not enter upon, or construct or lay any 
conduit, pipe or other works within the location of any 
railroad corporation except at such time and in such manner 
as it may agree upon with such corporation, or, in case of 
failure so to agree, as may be approved by the department 
of 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 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 



Acts, 1950. — Chap. 359. 211 

actually withdra^Ti or diverted under authority of this 
act. 

Section 4. For the purpose of paying the necessary 
expenses and liabilities incurred under the provisions of 
this act, other than expenses of maintenance and operation, 
the district may borrow from time to time such sums as 
may be necessary, not exceeding, in the aggregate, three 
hundred and fifty thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Dighton Water District Loan, Act of 1950. Each authorized 
issue shall constitute a separate loan, and such loans shall 
be payable in not more than thirty years from their dates. 
Indebtedness incurred under this act shall be subject to 
the provisions of chapter forty-four of the General Laws 
pertaining to such districts. 

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

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

Section 7. Whenever a tax is duly voted by said 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 of which 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 receive no 
benefit in fire insurance grading therefrom, or both, or if 
such estate is so situated that the buildings thereon or the 
buildings that might be constructed thereon, could not be 
supplied with water from said system in any ordinary or 
reasonable manner; but all other estates in said district 
shall be deemed to be benefited and shall be subject to the 
tax. A certified list of the estates exempt from taxation 
under the provisions of this section shall annually be sent 



212 Acts, 1950. —Chap. 359. 

by the board of water commissioners hereinafter provided 
for to the assessors, at the same time at which the clerk shall 
send a certified copy of the vote as aforesaid. The 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 said 
district. Said district may collect interest on overdue taxes 
in the manner in which interest is authorized to be collected 
on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to 
be held prior to the acceptance of this act, and any meeting 
of the voters of the district to be held prior to the qualifica- 
tion of a majority of the water commissioners, shall be called, 
on petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least 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 here- 
under prior to the acceptance of this act, after the choice of 
a moderator for the meeting, the question of the acceptance 
of this act shall be submitted to the voters, and if it is ac- 
cepted by a majority of the voters present and voting thereon 
it shall thereupon take effect, and the meeting may then 
proceed to act on the other articles in the warrant. After 
the 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 
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 specifically 
provided for, shall be vested in said board of water commis- 



Acts, 1950. —Chap. 359. 213 

sioners, who shall be subject, however, to such instructions, 
rules and regulations as the district ma)'' 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 dis- 
trict 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 ma- 
jority 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 ma- 
jority of them. 

Section 10. Said commissioners shall fix just and equi- 
table 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 pro- 
viding for the aforesaid charges, it may be appropriated for 
such new construction as said commissioners may recom- 
mend, and in case a surplus should remain after payment for 
such new construction the water rates shall be reduced pro- 
portionately. 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 expendi- 
tures. 

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 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. The district shall have all the rights 
and privileges conferred by law upon water districts, so far 
as applicable. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, well, stand- 
pipe, aqueduct, pipe or other property owned or used by the 
district for any of the purposes of this act, shall forfeit and 
pay the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and upon con- 



214 Acts, 1950. — Chap. 360. 

viction of any of the above wilful or wanton acts shall be 
punished by a fine of not more than one hundred dollars or 
by imprisonment for not more than six months. 

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

Section 14. Section 3 of chapter 254 of the acts of 1914, 
as amended by section 2 of chapter 339 of the acts of 1926 
and by section 16 of chapter 137 of the acts of 1949, is hereby 
further amended by striking out, in lines 8 and 9, as appear- 
ing in said section 2 of said chapter 339, the words "and of 
Muddy cove brook or either of them". 

Section 15. Chapter 226 of the acts of 1911, as amended 
by chapter 192 of the acts of 1914, and chapter 202 of the 
acts of 1927, as amended by chapter 410 of the acts of 1939 
and by chapter 261 of the acts of 1946, are hereby repealed. 
The district established by section one of this act shall as- 
sume any obligations incurred under authority of said chap- 
ter two hundred and twenty-six and two hundred and two 
as so amended. 

Section 16. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act present 
and voting thereon, by use of the check list, at a district 
meeting called, in accordance with section eight, within four 
years after its passage, but not otherwise. 

Approved April 17, 1950. 

Chap.SQO An Act authorizing the conveyance by the common- 
wealth to the town of west SPRINGFIELD OF A CER- 
TAIN PARCEL OF LAND SITUATED IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of conservation, in the 
name and on behalf of the commonwealth, is hereby au- 
thorized, subject to the approval of the governor and council, 
to convey for a nominal consideration to the town of West 
Springfield, by a deed approved as to form by the attorney 
general, all the right, title and interest of the commonwealth 



Acts, 1950. — Chap. 361. 215 

in and to a certain parcel of land situated in said town and 
bounded and described as follows : — 

Beginning at a point on the southerly side of Westfield 
road, (U. S. Route 20), said point being situated about two 
hundred and fifty feet westerly of a concrete bound marking 
the boundary line between land formerly of C. Lyell Wood- 
ward et ux and land formerly of John C. Robinson, said 
land being now owned by the commonwealth; thence 
running southerly bj^ land of the commonwealth, formerly 
of C. Lyell Woodward, about four hundred and twenty- 
eight feet to a concrete bound at land of the commonwealth, 
formerly of John C. Robinson; thence continuing in the 
same southerly direction by land of the commonwealth, 
formerly of C. Lyell Woodward, to the land of the common- 
wealth, former!}'' of John C. Robinson; thence bounded 
southeasterly by said land of the commonwealth and running 
S 46" 55' 13'" W^ to a concrete bound, S 58° 04' 20" W 70.50 
feet and S 50"* 33' 50" W^ 80.80 feet to a concrete bound; 
thence S 50° 33' 50" W 56.20 feet to a pin; thence westerly 
along a line running ninety degrees to Laurel road 132.42 
feet to a stake with a tack in it in the easterly boundary of 
said Laurel road ; thence northerly along the easterly bound- 
ary of said Laurel road 527.06 feet to the southwest corner 
of the land of Chester A. Barker; thence northeasterly by 
land of said Barker and land of others four hundred and ten 
feet more or less to the southeast corner of a lot with build- 
ings thereon; thence northwesterly three hundred and fifty 
feet to an iron pin in the south line of the highway U. S. 
Route 20; thence by said highway easterly to the point of 
beginning. Containing ten acres more or less. 

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

Approved April 24, 1950. 

An Act reviving avon realty corporation. C/iai?. 361 

Whereas, The deferred operation of this act would delay Emergency 
the corporation revived thereby in resuming the exercise of preamble, 
its former corporate powers, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Avon Realty Corporation, a corporation dissolved by 
section one of chapter fifty-four of the acts of nineteen 
hundred and thirty-six, is hereby revived and continued for 
a period of six months from the effective date of this act for 
the sole purpose of selling and conveying title to certain real 
property situated in Hampden county, and of distributing 
the proceeds of such sales among those entitled thereto. 

Approved April 24, 1960. 



216 



Acts, 1950. — Chaps. 362, 363. 



Chap.S62 An Act authorizing the town of Swansea 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 new school buildings, or 
additions to existing school buildings, or both, the town of 
Swansea 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 twenty thousand dollars, and may issue bonds or notes 
of the town therefor which shall bear on their face the words, 
Swansea School Loan, Act of 1950. Each authorized issue 
shall constitute a separate loan and such loans shall be paid 
in not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statutory 
limit, and shall, except as provided heroin, 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 S4, 1950. 



Chap. 363 An Act relative to the practice of chiropody (podiatry). 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, which in jxart is to make its provision? 
effective without delay, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 



Emergency 
preamble. 



G. L. (Ter. 
Ell.). 112, § 16, 
etc., amended. 



Applieations 
for regis- 
tration. 



Be it enacted, etc., as follows: 

Section L Chapter 112 of the General Laws is hereby 
amended by striking out section 16, as amended bv chapter 
557 of the acts of 1948, and inserting in place thereof the 
following section: — Section 16. Applications for registra- 
tion, signed and sworn to by the applicant, shall be made 
upon blanks furnished by the board. If an applicant fur- 
nishes the board with satisfactory proof that he is twenty-one 
and of good moral character, and that he is a graduate of a 
high school or its equivalent, and has completed a foiu'-year 
course in chiropody, or an accelerated course in chiropody 
of not less than one hundred and forty-four weeks of aca- 
demic instruction, in a school of chiropody (podiatry) 
approved by the board, he shall, iqwn the payment of twenty- 
five dollars, be examined by the board as provided in section 
seventeen, and, if found qualified, shall be registered and 
shall receive a certificate as a registered chiropodist (podia- 
trist), signed by the chairman and secretary of the board. 
An applicant failing to pass an examination satisfactory 
to the board shall, if not disqualified under sections eighteen 
and nineteen, be entitled to be reexamined from time to 



Acts, 1950. — Chap. 363. 217 

time upon the payment of five dollars for each such re- 
examination. No such applicant shall be registered unless 
he obtains a general average of seventy-five per cent in the 
various subjects in which he is examined. Every such J^/rti7,;^tt°^ 
certificate shall expire on the last day of the year when it 
was granted, but upon payment of five dollars shall be 
renewed by the board for each subsequent year without 
examination. 

Upon failure to make payment of such fee on or before 
the last day of the year, such registration shall expire. The 
board, not later than five days thereafter, shall so notify 
him. Upon application b}' a chiropodist whose registration 
has expired within six months after the date of such notice 
and upon payment of five dollars in addition to the regular 
fee for renewal, such registration shall be reinstated by the 
board. 

Any person who shall present to the board a certified 
copy or certificate of registration or license which was issued 
to him after examination by a board of registration in 
chiropody or in medicine in any other state, where the 
requirements for registration are in the opinion of the board 
equivalent to those of this commonwealth, may be registered 
and given a certificate of registration in this commonwealth 
without a written examination; provided, that such state 
accords a like privilege to holders of certificates of regis- 
tration issued in this commonwealth, and that the applicant 
has not previously failed to pass the examination required 
in this commonwealth, and that he has been engaged in the 
reputable practice of chiropody continuously for not less 
than five years immediately preceding his application, and 
that he intends to reside and practice chiropody in this 
commonwealth. The fee for such registration shall be one 
hundred dollars. 

Any applicant aggrieved by the refusal of the board to 
approve a chiropody (podiatry) school under this section 
shall be entitled to have the reasonableness of such refusal 
reviewed by a justice of the superior court whose decision 
shall be final. Any school of chiropody (podiatry) within inspecjtion of 
the commonwealth approved by the board may be inspected ^'^ °° ^' ''*'' 
by the board subsequent to a thirty-day notice of such 
inspection and if, upon such inspection, it is the opinion 
of the board that said approved school has lowered its 
standards below those established by the board, the school, 
after notice and hearing, may be disapproved. The board, 
and the commissioner of education acting in an advisory 
capacity, shall forthwith establish standards to be met by 
colleges, universities or chiropody (podiatry) schools and 
when, in the opinion of the board, such standards have 
been met by any college, university or chiropody (podiatry) 
school, a certificate of approval shall be awarded to it; 
provided, that if at any time such approved college, uni- 
versity or chiropody (podiatry) school has, in the opinion 
of the board, lowered its standards below those established 



218 Acts, 1950. — Chap. 364. 

by the board, such certificate, after notice and hearing, 
may be revoked by the board and said commissioner. 

Any college, university or chiropody (podiatry) school 
desiring to be approved for the purposes of this section 
may file with the board a written request for the approval 
of such college, university or chiropody (podiatry) school 
and thereupon a public hearing shall be seasonably granted 
by the board and a written decision made by it within twenty 
days after the termination of such hearing and the applicant 
for such approval shall be notified of such decision. A 
written decision of the board refusing to approve any college, 
university or chiropody (podiatry) school shall not become 
effective until thirty days after written notice of such deci- 
sion is given to the college, university or chiropody (podiatry) 
school seeking such approval. Every such college, university 
or chiropody (podiatry) school aggrieved bj'' such refusal 
shall have the right to file a petition in the superior court 
for Suffolk county to revise or reverse the decision of the 
board. Notice of the entry of such petition shall be given 
to the board and all proceedings connected therewith shall 
be according to rules regulating the trial of civil causes 
without juries. The court shall hear the case and finally 
determine whether or not such approval shall be granted 
or revised. 

If such a petition is so filed within the aforesaid period 
of thirty days said decision of the board shall not become 
effective unless and until a final decree affirming said decision 
is entered upon the aforesaid petition. 
Provisions of Section 2. The provisions of section sixteen of chapter 
to continue ' ouc huudrcd and twelve of the General Laws, as existing 
in effect. immediately prior to September ninth, nineteen hundred 

and forty-eight, shall continue to govern as to the eligibility 
of any applicant for registration as a chiropodist who ma- 
triculated prior to said September ninth in a school of 
chiropody (podiatry) approved by the board of registration 
in chiropody (podiatry) and graduated therefrom prior to 
July first, nineteen hundred and forty-nine. 

Approved April 24, 1950. 

Chap.SQ4c An Act prohibiting the metropolitan transit author- 
ity FROM AUTHORIZING OR ESTABLISHING A PARKING 
AREA AT THE CEDAR GROVE STATION IN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of paragraph (i]^) of 
section eight A of chapter five hundred and forty-four of the 
acts of nineteen hundred and forty-seven, inserted by sec- 
tion one of chapter seven hundred and ninety-eight of the 
acts of nineteen hundred and forty-nine, or any other pro- 
vision of law, the Metropolitan Transit Authority shall not 
authorize or establish anj'' parking area in the vicinity of its 
station at Cedar Grove in the Dorchester district of the 



Acts, 1950. — Chaps. 365, 366. 219 

city of Boston; provided, however, that this act shall not 
prohibit the maintenance and operation of the parking area 
of said authority existing on the effective date of this act in 
said vicinity. Approved April £4> 1950. 



C/iap.365 



An Act pertaining to the investment of deposits of 
savings banks and the income derived therefrom 
in certain personal loans. 

Be it enacted, etc., as follows: 

Subdivision (a) of clause Ninth of section 54 of chapter o. l. (Ter. 
168 of the General Laws, as most recently amended by chap- ftcl^'amfided*' 
ter 68 of the acts of 1946, is hereby further amended by 
striking out, in line 6, the word "eighteen" and inserting in 
place thereof the word : — twenty-four, — so as to read as 
follows : — 

(a) A note of one or more responsible borrowers in such Notes of one 
form and at such rate of interest or other charge as the board borrowers, 
of investment shall by rules or regulations determine, with 
the approval of the commissioner, payable or to be paid in 
instalments at intervals of not exceeding one month and all 
within a period of not exceeding twenty-four months from 
the date of the note. Such notes may provide for the pay- 
ment of the first instalment on a date not more than three 
months from the date of the note or of some one subsequent 
instalment on a date not more than three months from the 
date of the last prior instalment, and may, in the discretion 
of such corporation, be secured or unsecured. The total 
obligation of any one person to any such corporation in this 
class of investment shall not exceed one thousand dollars, 
exclusive of interest or discount from the date of the note; 
and the aggregate of such loans made by any such corpora- 
tion shall not exceed five per cent of its deposits. The pro- 
visions of sections eighty-six to one hundred and ten, in- 
clusive, of chapter one hundred and forty shall not apply to 
loans made under this subdivision. 

Approved April 24, 1960. 

An Act authorizing the issuance of abbreviated Chav.ZQQ 

RECORDS of births, MARRIAGES AND DEATHS. 

Be it enacted, etc., as follows: 

Section 19 of chapter 46 of the General Laws, as most re- ^^^ iJ^jjg 
cently amended by section 1 of chapter 570 of the acts of etc!, 'amended! 
1945, is hereby further amended by adding at the end the 
following : — Upon request for an abbreviated record of a Abbreviated 
birth, marriage or death, the clerk or assistant clerk shall b1r°h3,%tc.. 
make an abstract of the record of the same without notation authorized, 
thereon of the name of the parent or parents, except by re- 
quest of the applicant. Approved April 24, 1950. 



220 Acts, 1950. — Chap. 367. 



Chap.S67 An Act authorizing savings banks to invest in the 

CAPITAL STOCK OF CERTAIN COMMERCIAL BANKS DOING 
BUSINESS WITHIN THE UNITED STATES. 

Be it enacted, etc., as follows: 

Edt,'i68"'§ 54, Clause Seventh of section 54 of chapter 168 of the General 
etc., 'amended. ' Laws, as most recently amended by chapter 83 of the acts 
of 1950, is hereby further amended by inserting after the 
word "stock" in line 12, as appearing in section 6 of chapter 
215 of the acts of 1943, the following: — ; and in the com- 
mon stock, provided there is no preferred stock outstanding, 
of a national banking association or trust company doing 
business anywhere within the United States, which is a 
member of the federal reserve system, and which has a com- 
bined total of capital stock, surplus and undivided profits 
equal to at least forty million dollars and also equal to at 
least six per cent of its aggregate deposit liability at the end 
of the calendar year immediately preceding the date of in- 
vestment, and which in each of the ten years immediately 
preceding the date of investment has paid dividends in cash 
of not less than four per cent on its common stock without 
having reduced the aggregate par value thereof within such 
ten-year period, — so that the said clause Seventh will read 
as follows: — 
fto""^ ^*'*''^*' Seventh. In the common stock, provided there is no pre- 

ferred stock outstanding, of a trust company incorporated 
under the laws of and doing business within this common- 
wealth, or in the common stock, provided there is no pre- 
ferred stock outstanding, of a national banking association 
doing business within this commonwealth, which, in each of 
the five years immediately preceding the date of investment, 
has paid dividends in cash of not less than four per cent on 
its common stock without having reduced the aggregate par 
value thereof within such five-year period, and which, at 
the date of investment, has surplus at least equal to fifty 
per cent of its capital stock; and in the common stock, 
provided there is no preferred stock outstanding, of a national 
banking association or trust company doing business any- 
where within the United States, which is a member of the 
federal reserve system, and which has a combined total of 
capital stock, surplus and undivided profits equal to at least 
forty million dollars and also equal to at least six per cent of 
its aggregate deposit liability at the end of the calendar year 
immediately preceding the date of investment, and which 
in each of the ten years immediately preceding the date of 
investment has paid dividends in cash of not less than four 
per cent on its common stock without having reduced the 
aggregate par value thereof within such ten-year period; 
provided, that: 

(a) No savings bank shall invest additional funds in 
stocks of such companies or associations if the cost thereof 



Acts, 1950. — Chap. 368. 221 

added to the amount already invested in such stocks shall 
exceed two thirds of the combined guaranty fund and profit 
and loss accounts of such bank; 

(b) No savings bank shall invest additional funds in the 
stock of any one such company or association if the cost 
thereof added to the amount already invested in such stock 
shall exceed one fifteenth of the combined guaranty fund 
and profit and loss accounts of such bank ; 

(c) No savings bank shall purchase or accept as collateral 
for loans additional stock of any such company or association 
if the result of such purchase or acceptance would be to make 
its total holdings of such stock by way of investment and as 
collateral exceed fifteen per cent of the outstanding stock of 
such company, or association. 

Nothing in this clause shall invalidate any holding of 
stock or stocks legally acquired before May first, nineteen 
hundred and forty-three. 

A savings bank may deposit not more than five per cent 
of its deposits in any national banking association doing 
business within this commonwealth, or in any trust company 
incorporated under the laws of and doing business within this 
commonwealth, or in the Federal Home Loan Bank of 
Boston, if it is a member thereof, or in any banking com- 
pany incorporated under the laws of and doing business 
within this commonwealth and qualified to receive demand 
deposits under the provisions of section six A of chapter one 
hundred and seventy-tw^o A; but such deposits shall not 
exceed twenty-five per cent of the capital stock and surplus 
fund of such association, trust company, home loan bank or 
banking ^company. Approved April 24, 1950. 



An Act providing that certain violations of the laws Chav.SQS 

RELATING TO BANKS SHALL BE REPORTED TO THE COMMIS- 
SIONER OF BANKS AND TO THE DISTRICT ATTORNEY. 

Be it enacted, etc., as follows: 

Chapter 167 of the General Laws is hereby amended by o. l. (Ter. 
inserting after section llA the following sections: — Section f§'iiB Ynd"'''' 
UB. Any violation of sections fifty-two to fifty-three A, nc, added, 
inclusive, of chapter two hundred and sixty-six shall be re- tobf*"^ 
ported in writing within a reasonable time after discovery reported. 
to the commissioner and to the district attorney of the dis- 
trict in which the bank does business, by the president and 
treasurer of the bank in or with respect to which any such 
violation occurs, or in the absence of either of said officers by 
the officer p'^rforming his duties. 

Section llC. Any shortage of five hundred dollars or more shortages 
in a bank shall, within forty-eight hours of discovery thereof reponed. 
by an officer of the bank in or with respect to which the short- 
age occurs, be reported in writing to the commissioner by the 
president and treasurer of the bank in which the shortage 



222 Acts, 1950. — Chap. 369. 

occurs, or in the absence of either of said officers by the officer 
performing his duties. 
Penalty. ^jjy pgrson who wilfullv violates the provisions of this 

section or section eleven B shall be guilty of a misdemeanor 
and shall be punished by a fine of not less than two hundred 
nor more than one thousand dollars. 

Approved April 24, 1950. 



Chap. 3^9 An Act authorizing the town of Westminster to supply 

ITSELF AND ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of Westminster may supply itself 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other purposes; may establish 
fountains and hydrants, relocate or discontinue the same, and 
may regulate the use of such water and fix and collect rates 
to be paid for the use of the same. 

Section 2. For the purposes aforesaid, said town, act- 
ing by and through its board of water commissioners here- 
inafter provided for, may contract with any other munici- 
pality, 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, or may take by eminent domain under 
chapter seventy-nine of the General Laws, or acquire by 
lease, purchase, gift, devise or otherwise, and hold, the waters, 
or any portion thereof, of any pond, brook, spring or stream 
or of any ground water sources, by means of driven, artesian 
or other wells or filter galleries, within the limits of said 
toAvn, not already appropriated for purposes of public water 
supply, and the water rights connected with any such water 
sources; and also for said purposes may take by eminent 
domain under said chapter seventy-nine, or acquire by lease, 
purchase, gift, devise or otherwise, and hold, all lands, rights 
of way and other easements necessarj'' for collecting, storing, 
holding, purifying and treating such water and protecting 
and preserving the purity thereof and for convcjing the 
same to any part of said to\Mi; provided, that no source of 
water supply and no lands necessary for protecting and pre- 
serving the purity of the water shall be taken or used with- 
out first obtaining the advice and approval of the depart- 
ment of public health, and that the location and arrangement 
of all dams, reservoirs, wells, or filter galleries, filtration and 
pumping plants or other works necessary in carrying out the 
provisions of this act shall be subject to the approval of said 
department; and for said purposes said towTi may acquire 
by lease, purchase, gift, bequest or otherwise any appliances, 
works, tools, machinery and other equipment that may be 
necessary or expedient in carrying out the provisions of this 
act. Said town may construct and maintain on the lands 



Acts, 1950. — Chap. 369. 223 

acquired and held under this act proper dams, wells, reser- 
voirs, pumping and filtration plants, buildings, standpipes, 
tanks, fixtures and other structures, including also purifica- 
tion and treatment works, the construction and maintenance 
of which shall be subject to the approval of said department 
of public health, and may make excavations, procure and 
operate machinery, and provide such other means and 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, lay and 
maintain aqueducts, conduits, pipes and other works, under 
or over any lands, water courses, railroads, railways and 
public or other ways, and along any such way in said town 
in such manner as not unnecessarily to obstruct the same; 
and for the purposes of constructing, laying, maintaining, 
operating and repairing such conduits, pipes and other works, 
and for all other proper purposes of this act, said town may 
dig up or raise and embank any such lands, highways or 
other ways in such manner as to cause the least hindrance 
to public travel thereon; provided, that all things done upon 
any such way shall be subject to the direction of the select- 
men of said to\\Ti. Said town shall not enter upon, construct 
or lay any conduits, pipes or other works within the location 
of any railroad corporation except at such time and in such 
manner as it may agree upon with such corporation or, in 
case of failure so to agree, as may be approved by the de- 
partment of public utilities. Said town, may enter upon any 
lands for the purpose of making surveys, test pits and bor- 
ings, and may take or otherwise acquire the right to occupy 
temporarily any lands necessary for the construction of any 
works or for any other purpose authorized by this act. 

Section 3. The land, water rights and other property 
taken or acquired under this act, and all works, buildings 
and other structures erected or constructed thereunder, shall 
be managed, improved and controlled by the board of water 
commissioners hereinafter provided for, in such manner as 
they shall deem for the best interest of the town. 

Section 4. Any person or corporation injured in his or 
its property by any action of said town or board under this 
act may recover damages from said town under said chapter 
seventy-nine; provided, that the right to damages for the 
taking of any water, water source or water right, or any 
injury thereto, shall not vest until the water is actually 
withdrawn or diverted by said town under authority of this 
act. 

Section 5. Said town may, for the purpose of paying 
the necessary expenses and liabilities incurred or to be in- 
curred under the provisions of this act, other than expenses 
of maintenance and operation, issue from time to time bonds 
or notes to an amount, not exceeding, in the aggregate, two 
hundred and fifty thousand dollars, which shall bear on 
their faces the words. Town of Westminster Water Loan, 



224 Acts, 1950. — Chap. 369. 

Act of 1950. Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be payable in not more than 
thirty years from their dates. Indebtedness incurred under 
the provisions of this act shall be outside the debt limit as 
fixed for water supply loans by chapter forty-four of the 
General Laws, but otherwise shall be subject to the appli- 
cable provisions of said chapter. 

Section 6. Said town shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with the provisions of section five ; and when a vote to 
that effect has been passed, a sum which, with the income 
derived from the water rates, will be sufficient to pay the 
annual expense of operating its water works or the purchas- 
ing of water and the maintenance of its pipe lines, as the case 
may be, and the interest as it accrues on the bonds or notes 
issued as aforesaid, and to make such payments on the prin- 
cipal as may be required under the provisions of this act, shall 
without further vote be assessed by the assessors of said town 
annually thereafter in the same manner as other taxes, until 
the debt incurred by the said loan or loans is extinguished. 

Section 7, Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any of the waters taken or held under this 
act, or injures any structure, work or other property owned, 
held or used by said town under the authority and for the 
purposes of this act, shall forfeit and pay to said town three 
times the amount of damages assessed therefor, to be recov- 
ered in an action of tort; and upon conviction of any one of 
the above wilful or wanton acts shall be punished by a fine 
of not more than three hundred dollars or by imprisonment 
for not more than one year, or both. 

Section 8. Said town shall, after its acceptance of this 
act, at the same meeting at which the act is accepted, or at 
a meeting thereafter called for the purpose, and without the 
necessity, in either case, of a prior caucus for the nomination 
of candidates, elect by ballot thi-ee persons 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 next succeeding annual town meeting, to constitute a 
board of water commissioners; and at the annual town meet- 
ing held on the day on which the shortest of such terms 
expires, and at each annual town meeting thereafter, one 
such commissioner shall be elected by ballot for the term of 
three years. All the authority granted to the town by this 
act, except sections five and six, and not otherwise specially 
provided for, shall be vested in said board of water commis- 
sioners, who shall be subject, however, to such instructions, 
rules and regulations as said town may impose by its vote. 
A majority of said commissioners shall constitute a quorum 
for the transaction of business. After the election of a board 
of water commissioners under authority of this section, any 
vacancy occurring in said board from any cause may be filled 
for the remainder of the unexpired terms by said town at 



Acts, 1950. — Chap. 370. 225 

any legal town meeting called for the purpose. Any such 
vacancy may be filled temporarily in the manner provided 
by section eleven of chapter forty-one of the General Laws, 
and the person so appointed shall perform the duties of the 
office until the next annual meeting of said town or until an- 
other person is qualified. 

Section 9. Said commissioners shall fix just and equitable 
prices and rates for the use of water, and shall prescribe the 
time and manner of payment. The income of the water 
works shall be appropriated by vote of said town to defray 
all operating expenses, interest charges and payments on the 
principal as they accrue upon any bonds or notes issued under 
authority of this act. If there should be a net surplus re- 
maining after providing for the aforesaid charges, it may be 
appropriated for such new construction as the water com- 
missioners, with the approval of the town, may determine 
upon, and in case a surplus should remain after payment for 
such new construction the water rates shall be reduced pro- 
portionately. All authority vested in said commissioners by 
the foregoing provisions of this section and by section three 
shall be subject to the provisions of section eight. Said 
commissioners shall annually, and as often as the town may 
require, render a report upon the condition of the works 
under their charge, and an account of their doings, including 
an account of the receipts and expenditures. 

Section 10. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Westminster pres- 
ent and voting thereon at a town meeting called for the pur- 
pose within four years after its passage; but the number of 
meetings so called in any year shall not exceed three. 

Approved April S4, 1950. 



Chap.Z70 



An Act relative to the creation of new positions in 

CITY employment. 

Be it enacted, etc., as follows: 

Section 33 A of chapter 44 of the General Laws, as amended Ed ViJ^'s'ssA 
by section 1 of chapter 298 of the acts of 1947, is hereby etc!, amended. ' 
further amended by adding at the end the following sentence: 
— No ordinance, vote or appointment creating a new position Budget to 
in any year in which a municipal election is held shall be 'vlslon^fo/"' 
valid and effective unless said ordinance, vote or appoint- salaries, etc. 
ment is operative for more than three months during said 
municipal election year. Approved April 24, 1950. 



226 



Acts, 1950. — Chap. 371. 



Chav.371 An Act revising the laws relative to co-operative 

BANKS. 

Be it enacted, etc., as follows: 

G^L. (Ter. SECTION 1. The General Laws are hereby amended by 

etc!, "amended. Striking out chapter 170, as amended, and inserting in place 
thereof the following : — 

Chapter 170. 
Co-operative Banks. 



Sect. 

definitions. 

1. Definitions. 



INCORPORATION. 

2. Agreement of association. 

3. Notice and hearing. 

4. First meeting. 

6. Articles and certificate of in- 
corporation. 

6. By-laws. 

7. Membership; voting. 



MANAGEMENT. 

8. Officers, elections, etc. 

9. Security committee. 

10. Duties of treasurer; assistant 

treasurers. 

11. Bonding of officers and em- 

ployees. 

12. Places of business. 



CAPITAL. 

13. Classes of shares and accounts. 

14. Holdings by minors, fiduciaries 

and corporations. 

15. Joint holdings, etc. 

16. Limitations on holdings. 

17. Withdrawals. 

18. Retirements. 

19. Decea»ed holders; payments. 

20. Transfers. 

21. Set-off or recoupment. 



LOANS AND INVESTMENTS. 

22. Classes of investments. 

23. Real estate loans. 

24. General provisions relating to 

real estate loans. 

25. Share loans. 

26. Other loans and investments; 

deposits. 

27. Sales and assignments. 

28. Servicing of loans. 

29. Property acquired. 

30. Banking quarters 



Sect, 
other powers and functions. 

31. Borrowing. 

32. Checks and money orders. 

33. Paj'ments in arrears; fines. 

34. Federal Home Loan Bank 

membership. 

35. Other memberships. 

36. Incidental powers. 



EARNINGS AND RE8ER^^:8. 

37. Earnings and distribution. 

38. Guaranty fund. 

39. Surplus account. 

40. Liquidity reserve. 



PUBLIC 8UPER^^S.tON. 

41. Powers and duties of commis- 

sioner; examinations. 

42. Annual reports; verifications. 

43. Certain commissions, etc., regu- 

lated. 

44. Co-operative banking re- 

stricted. 

45. Foreign corporations; reci- 

procity. 

46. Reduction of liability. 



CORPORATE CHANGES. 

47. Sale of assets; assumption of 

liabilities. 

48. Consolidation. 

49. Conversion by a co-operative 

bank. 

50. Conversion to a co-operative 

bank. 



EMPLOYEBS RETIREMENT 
ASSOCIATION. 

51. Membership contributions; 

pensions; annuities. 

52. By-laws; organization; annual 

report; exemptions. 

53. Exemption from taxation, in- 

solvency laws and process; 
assignments. 



Acts, 1950. — Chap. 371. 227 



DEFINITIONS. 

Sectio77 1. The following Avords as used in this chapter, 
unless (he context otherwise requires, shall have the following 
meanings: 

"Commissioner", the commissioner of banks. 

"Corporation" or "bank", a co-operative bank incorpo- 
rated as such in this commonwealth. 

"Co-operative bank mortgage", a loan represented by a 
note secured b}'- a mortgage upon real estate and a pledge 
of a share of the corporation for each two hundred dollars 
loaned. 

"Share capital" or "share liability", the total sum due 
at any given time upon all shares and accounts referred to 
in section thirteen. 

"Shareholder" or "member", the holder of any shares 
or accounts referred to in section thirteen. 

"Shareholders' meeting" or "meeting of shareholders", 
any annual or special meeting of members of the corporation 
entitled to vote. 

"Bank day", the day in each month on which payments 
upon serial shares shall be due. 



INCORPORATION. 

Agreement of Association. 

Section 2. Twenty or more persons who associate them- 
selves by a written agreement, signed by each of them, to 
form a co-operative bank for the purpose of accum.ulating, 
loaning and investing the savings of its members may, upon 
compliance with this section and sections three, four and 
five, become a corporation with all the powers and privileges 
and subject to all the duties, restrictions and liabilities set 
forth in all general laws relating to such corporations. Said 
agreement shall set forth that the subscribers thereto asso- 
ciate themselves with the intention of forming a corporation 
to transact business within the commonwealth, and shall 
specify: 

First. The name by which the corporation shall be known, 
the words "co-operative bank" to form a part thereof. 

Second. The purpose for which it is to be formed. 

Third. The town where its main office is to be located. 

Fourth. The residence and post office address of each 
associate. 

Fifth. The number of shares of each class subscribed for 
by each associate. 

Each associate shall subscribe for at least one paid-up 
share; provided, that an aggregate of not less than fifty 
paid-up shares shall be subscribed for by the associates. 
Such shares shall be paid for in cash to the corporation be- 
fore it commences business and, except with the written 



228 Acts, 1950. — Chap. 371. 

approval of the commissioner, none of such shares shall be 
assigned, pledged or redeemed prior to the expiration of two 
years from the date of their issue. 

Notice and Hearing. 

Section S. The subscribers to said agreement shall give 
notice to the board of bank incorporation of their intention 
to form a co-operative bank, and shall apply to said board 
for a certificate that public convenience and advantage will 
be promoted by the establishment thereof. Said board may 
grant such certificate, which shall be deemed revoked if the 
apphcants therefor do not become incorporated and begin 
business within six months after its date of issue. Upon 
receipt of such application, said board shall furnish the 
subscribers a form of notice, specifying the names of the 
proposed incorporators and the name and location of the 
proposed co-operative bank and assigning a date and place 
for a public hearing on the application. The subscribers shall 
publish the notice at least once a week for three successive 
weeks, in one or more newspapers designated by said board 
and pubhshed in the town wherein it is desired to establish 
the bank or, if there is no newspaper in such town, in the 
town wherein a newspaper is published which is nearest to 
the proposed location of the bank; and at least fourteen 
days before the date fixed for said public hearing the sub- 
scribers shall mail a copy of said notice by registered mail, 
postage prepaid, to The Co-operative Central Bank, or- 
ganized under chapter forty-five of the acts of nineteen hun- 
dred and thirty-two. If said board refuses to issue such 
certificate, no further proceedings shall be had, but the ap- 
plication may be renewed after one year from the date of the 
refusal, in which case notice of a public hearing thereon shall 
be published and mailed as hereinbefore provided. 

Said board may require the subscribers to establish or pro- 
vide for the establishment of a special guaranty fund in an 
amount determined by the board, which shall be represented 
by cash, deposits or securities eligible for the liquiditj'' re- 
serve referred to in section forty, and which shall be paid in, 
in full, to the corporation before it commences business. 
Said board shall issue regulations governing the maintenance 
of and withdrawals from any such fund. 

First Meeting. 

Section 4- The first meeting of the subscribers to the 
agreement of association shall be called by a notice signed 
either by that subscriber to the agreement who is designated 
therein for the purpose, or by a majority of the subscribers. 
Such notice shall state the time, place and purpose of the 
meeting. Seven days at least before the day appointed for 
the meeting, a copy of the notice shall be given to each sub- 
scriber, or left at his residence or usual place of business, or 
deposited in the post ofiice, postage prepaid, and addressed 



Acts, 1950. — Chap. 371. 229 

to him at his residence or usual place of business. Another 
copy of said notice and an affidavit by one of the signers that 
the notice has been duly served shall be recorded with the 
records of the proposed corporation. If, however, all the 
incorporators shall in writing endorsed upon the agreement 
of association waive such notice and fix the time and place of 
the meeting, no notice shall be re(|uired. The subscribers to 
the agn^ement of association shall hold the franchise until 
the organization has been completed. At the first meeting, 
or at any adjournment thereof, the incorporators shall or- 
ganize by the election by ballot of a temporary clerk, by the 
adoption of by-laws and by the election, in such manner as 
the by-laws may determine of a president, a clerk of the cor- 
poration, a treasurer, a board of not less than five nor more 
than fifteen directors, and such other officers as the by-laws 
may prescribe. All the officers so elected shall be sworn to 
the faithful performance of their duties. The temporary 
clerk shall make and attest a record of the proceedings until 
the clerk has been elected and sworn, including a record of 
the election and qualification of the clerk. 

Articles and Certificate of Incorporation. 

Section 5. The president and a majority of the directors 
who are elected at the first meeting shall make, sign and 
make oath to articles in duplicate setting forth : 

(a) A true copy of the agreement of association, the names 
of the subscribers thereto, and the name, residence and post 
office address of each of the officers of the corporation. 

ih) The date of the first meeting and of the successive ad- 
journments thereof, if any. 

One duplicate original of the articles so signed and sworn 
to shall be submitted to the board of bank incorporation and 
the other, together with the records of the proposed corpora- 
tion, to the commissioner of corporations and taxation, who 
shall examine the same and may require such amendment 
thereof or such additional information as he considers neces- 
sary. If he finds that the articles conform to sections two, 
three and four and that sections three and six have been com- 
plied with, he shall so certify and endorse his approval 
thereon. Thereupon the articles shall be filed in the office of 
the state secretary, who upon receipt of five dollars shall 
issue a certificate of incorporation in the following form: 

Commonwealth of Massachusetts. 

Be it known that whereas (the names of the subscribers to the agree- 
ment of association) have associated themselves with the intention of 
forming a corporation under the name of (the name of the corpora- 
tion), for the purpose (the purpose declared in the agreement of asso- 
ciation), and have complied with the provisions of the statutes of this 
commonwealth in such case made and provided, as appears from the 
articles of organization of said corporation, duly approved by the com- 
missioner of corporations and taxation and recorded in this office: 
Now, therefore, I (the name of the state secretary) secretary of the 
commonwealth of Massachusetts, do hereby certify that said (the 



230 Acts, 1950. — Chap. 371. 

names of the subscribers to the agreement of association), their asso- 
ciates and successors, are legally organized and established as, and are 
hereby made, an existing corporation under the name of (name of the 
corporation), with the powers, rights and privileges, and subject to 
the limitations, duties and restrictions, which by law appertain thereto. 
Witness my official signature hereunto subscribed, and the great 
seal of the commonwealth of Massachusetts hereunto affixed, this 
day of in the year (the date of the filing 

of the articles of organization). 

The state secretary shall sign the certificate of incorpo- 
ration and cause the great seal of the commonwealth to be 
affixed thereto, and such certificate shall have the force and 
effect of a special charter. The existence of every such 
corporation which is not created by special law shall begin 
upon the filing of the articles of organization in the office of 
the state secretary, who shall also cause a record of the 
certificate of incorporation to be made, and such certificate 
or such record, or a certified copy thereof, shall be con- 
clusive evidence of the existence of the corporation. 

By-Laws. 

Section 6. The shareholders of every such corporation 
shall make and adopt the necessary by-laws consistent with 
law for the government of its affairs. Copies of all by-laws 
and changes therein or additions thereto or other amend- 
ments thereof shall be filed with the commissioner immedi- 
ately upon their adoption. All such by-laws, changes, addi- 
tions and other amendments shall be approved by the com- 
missioner before becoming effective. 

The by-laws shall provide for and determine as follows : — 

(a) The time and place for holding the annual meeting 
of the shareholders and the monthly meeting of the board of 
directors. 

(6) The manner of calling meetings of the shareholders 
and of the board of directors, including special meetings. 

(c) The number necessary to constitute a quorum at 
meetings of the shareholders and of the board of directors, 
respectively. 

{d) The voting qualifications of members at shareholders' 
meetings. 

(e) The monthly bank day. 

(/) The number, title, eligibility, powers and duties of 
directors, other officers and committees, their terms of office, 
and the manner of their election or appointment and of their 
removal. 

ig) The manner in which the by-laws may be amended. 

The by-laws also may provide for such other matters rela- 
tive to the business and affairs of the corporation as may be 
deemed necessary or desirable. 

Membership; Voting. 

Section 7. Each person who is recorded on the books of 
the corporation as the holder of one or more shares or ac- 



Acts, 1950. — Chap. 371. 231 

counts referred to in section thirteen, shall be deemed a 
member and shareholder of the corporation. 

Each member shall be entitled to one vote at all share- 
holders' meetings, subject to the limitations contained in 
this section and such limitations, if any, as may be contained 
in the by-laws. 

At any meeting, no person who votes in one capacity shall 
be entitled to vote in any other capacity. A co-owner of 
any shares or accounts who does not vote in any other ca- 
pacity may vote as the representative of the co-owners. A 
corporate fiduciary or other corporation or a partnership or 
association may vote by a person duly authorized, if such 
person does not otherwise vote, but a fiduciary, whether 
individual, corporate or otherwise, may vote on behalf of 
one trust or estate only. No person shall be entitled to vote 
either as a member or in any representative capacity unless 
such person shall have attained the age of eighteen years. 
No person shall vote by proxy except as otherwise may be 
expressly authorized by law. 



MANAGEMENT. 

Officers, Elections, etc. 

Section 8. The business and affairs of every such corpo- 
ration shall be managed by a board of not less than five and, 
except as otherwise provided by law, not more than fifteen 
directors. The shareholders shall elect the directors, all of 
whom shall be citizens of the United States and residents of 
the commonwealth. Directors shall be divided into three 
classes as nearly equal in number as possible, and one of 
such classes shall be elected annually for a term of three 
years; provided, that during the minimum time necessary 
to accomphsh the foregoing, one of said classes may be 
elected for a term of one year and one for a term of two years. 
All vacancies in the board or in any office may be filled by 
the board of directors for the unexpired term. The directors 
may employ such additional assistance as they may deem 
necessary and determine the compensation therefor. Except 
as otherwise provided in the by-laws, the directors may 
delegate to any officers, assistants and employees such func- 
tions, powers and authority as the directors deem advisable. 

The clerk of the corporation shall be chosen by the share- 
holders, and the president, vice president, treasurer, assistant 
treasurers, if any, and other officers whose election is not 
otherwise herein expressly provided for, shall be chosen by 
the board of directors. 

All directors and other officers shall be elected by ballot 
and shall be shareholders when nominated and elected. 
Each officer when appointed or elected shall take an oath 
that he will faithfully and impartially discharge the duties 
devolving upon him, and the fact that the oath has been 
taken shall be entered in the records of the corporation ; and 



232 Acts, 1950. — Chap. 371. 

if a person appointed or elected does not, within thirty days 
thereafter, take the oath, his office shall thereupon become 
vacant. All officers shall continue to hold their offices until 
their successors shall have been chosen and qualified. 

If an officer ceases to be a shareholder, his office may be 
declared vacant by the board of directors. If a director 
fails both to attend the regular meetings of the board and 
to perform any of the duties devolving upon him as such 
director for six consecutive months, his office may be de- 
clared to be vacant by the board at the next regular meeting 
and if he so fails for twelve consecutive months, his office 
shall be declared to be vacant by the board at the next 
regular meeting. A record of any vacancy shall be entered 
upon the books of the corporation, and a transcript shall be 
sent by mail to the person whose office has been made vacant. 

The records of all meetings of the corporation and of the 
board of directors shall be read by the president, or by a 
director other than the clerk, designated by the president or 
by the presiding officer in the absence of the president. 

Security Committee. 

Section 9. At the first meeting of the board of directors 
after the annual meeting of shareholders, the board shall 
elect from its own members a security committee of at least 
three members, at least two of whom shall report upon all 
real estate offered as security for loans made by the corpo- 
ration, after having examined the same, or having caused it 
to be examined by one signing member, and by one or more 
appraisers considered to be qualified by the directors and 
appointed by them for that purpose. In no case, however, 
shall any member of the security committee or any appraiser 
make an official report upon property offered as security for 
a loan if he has a personal interest in the property or in the 
proposed loan. 

The security committee shall perform such other duties 
as may be required of them by law, and shall exercise such 
other powers as may be delegated to them by the board of 
directors. Whenever loans are made and completed pur- 
suant to power delegated by the board of directors, a report 
including a list of all such loans shall be submitted by the 
president or treasurer to the directors at their next monthly 
meeting in such form as the directors may require and such 
report and any action taken by the board thereon, shall be 
made part of the records of such meeting. 

Duties of Treasurer; Assistant Treasurers. 

Section 10. The treasurer shall keep the financial ac- 
counts and have charge of all books and papers necessary 
therefor, and dispose of and secure the safekeeping of all 
money, securities and property of the corporation, in the 
manner and subject to the limitations from time to time 



Acts, 1950. — Chap. 371. 233 

designated by the board of directors, subject to applicable 
provisions of law. 

Such corporation may provide in its by-laws for not more 
than two, and if it has assets in excess of five million dollars 
for not more than four, assistant treasm-ers and for such 
additional number thereof as the commissioner approves. 
An assistant treasurer may perform all the duties of the 
treasurer. 

Bonding of Officers and Employees. 

Section 11. The treasurer and all other permanent em- 
ployees and officers having access to the cash or negotiable 
securities of the corporation shall give to it bonds in such 
amounts and with such surety or sureties and conditions as 
the directors may require, subject to such regulations as the 
commissioner may prescribe. The commissioner may pre- 
scribe the manner of custody and safekeeping of such bonds. 
An attested copy of every such bond, with a certificate as 
to the custody and safekeeping of the original thereof, shall 
be filed promptly with the commissioner by the treasurer, 
who shall notify the commissioner forthwith of any change 
thereafter made in such bond. The directors may require 
bonds of such other officers or employees as they deem ad- 
visable. Blanket or schedule bonds may be used with the 
approval of the commissioner. The commissioner shall keep 
a record of all bonds filed with him hereunder, and of any 
changes therein of which he is so notified, and when m his 
judgment it is necessary for the security of the shareholders 
he may require new or further bonds or sureties. 

Places of Business. 

Section 12. Such corporation shall carry on its principal 
business at its main banking office, which shall not be changed 
except with the approval of the commissioner. The corpora- 
tion, after such notice and hearing as the commissioner may 
require and with his written permission and under such 
regulations as he may approve, may establish one or more 
depots where moneys due the bank may be collected by the 
treasurer or other persons duly empowered by the directors, 
upon such days as may be designated by vote of the board 
of directors; or may establish one or more branch offices in 
the town wherein its main banking office is located or in 
towns not more than fifteen miles distant wherein there is 
no co-operative banking office at the time when such per- 
mission is given. Such corporation, upon the vote of two 
thirds of the members present at a meeting called for that 
purpose and with the approval of the board of bank incor- 
poration, may change the location of its main office to an- 
other town within the commonwealth by appropriate amend- 
ment of its agreement of association, a copy of which shall 
be filed forthwith with the state secretary. 



234 Acts, 1950. — Chap. 371. 



CAPITAL. 

Classes of Shares and Accounts. 

Section 13. The capital shall be unlimited and shall be 
accumulated by payments on shares and other accounts per- 
mitted by law. Shares shall have a value of two hundred 
dollars when fully paid and shall consist of the classes here- 
inafter described : — 

1. Serial Shares. — (a) Issue: Serial shares may be issued 
in quarterly, half-yearly or yearly series, in such amounts and 
at such times as the directors from time to time may deter- 
mine. Shares of a prior series may be sold with the approval 
of the directors. Purchasers of shares of a prior or current 
series shall pay therefor their value computed from the date 
of their issue. 

(b) Dues: On or before each bank day every serial share- 
holder shall pay one dollar as dues upon each serial share 
held by him until it is withdrawn, forfeited, suspended, re- 
tired or matured. 

(c) Maturity: Serial shares shall mature when they reach 
the value of two hundred dollars by the accumulation of 
dues, distributed earnings .and other credits. When ma- 
turity of any shares would occur between distribution dates 
by the crediting of interest at the last rate of distribution, 
such interest shall be so credited and such shares thereupon 
shall mature. 

(d) Exchange of Serial Shares: The withdrawal value of 
the serial shares of a non-borrower who continues in arrears 
more than six months, at the option of the directors, if he 
fails to pay the arrears within thirty days after notice, may 
be transferred into paid-up shares or into a savings share 
account, or both, or into a suspended share account. 

2. Paid-up Shares. — Paid-up shares may be sold with 
the approval of the directors at the value of two hundred 
dollars each payable when issued together with interest 
adjusted from the last distribution of profits at a rate fixed 
by the directors. When serial shares mature they shall be 
deemed paid-up shares. Certificates may be issued to the 
holders of paid-up shares; provided, that anj^ pass-book 
type of certificates therefor shall be approved as to form by 
the commissioner. 

3. Savings Shares and Sanings Share Accounts. — With 
the approval of the board of directors, savings shares may 
be issued and savings share accounts may be maintained in 
connection therewith, subject to the following provisions 
and limitations: — 

(a) Any such corporation intending to issue savings 
shares shall give at least thirty days' notice in writing of 
such intention to the commissioner. 

(6) A pass-book in such form as shall be approved by the 
commissioner shall be issued to the holder of a savings share 
account and the corporation may accept payments, to be 



Acts, 1950. — Chap. 371. 235 

held by the corporation in such accounts, subject, however, 
to withdrawals therefrom by the holder from time to time. 
Each two hundred dollars of the balance from time to time 
in any such account shall represent one savings share. 

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

4. Other Accounts. — Accounts representing the deposit 
of money to the credit of the holders thereof may be main- 
tained pursuant to the f ollo\ving provisions : — 

(a) Dividend Savings Accounts: Any dividends to which 
any holder of paid-up shares may become entitled, may be 
held by the corporation in a savings share account or in a 
dividend savings account. Such dividend savings accounts 
shall be subject to withdrawals therefrom by the holder from 
time to time, and shall bear interest, which shall be credited 
thereto, on such rate basis as the directors from time to 
time may determine, but not exceeding the dividend rate 
payable upon serial shares; provided, that no deposits shall 
be made or received in such accounts except from the proceeds 
of dividends as aforesaid. 

(b) Club Accounts: Club accounts, so called, shall be 
subject to section sixteen of chapter one hundred and sixty- 
seven. 

(c) School Savings Accounts: Such corporation, with the 
written consent of and under regulations approved by the 
commissioner and, in the case of public schools, by the 
commissioner and the school committee of the to'\\Ti wherein 
the school is situated, may arrange for the collection of 
payments on shares or other accounts referred to in this 
section from school children by collectors or by the principal 
or teachers of such schools. 

(d) For all the purposes of chapter forty-five of the acts of 
nineteen hundred and thirty-two, as amended, and of chapter 
seventy-three of the acts of nineteen hundred and thirty- 
four, as amended, the holders of any savings share accounts, 
club accounts, school savings accounts and dividend savings 
accounts shall be deemed to be and treated as shareholders; 
all such accounts shall be deemed to be and treated as shares; 
and the liability of the corporation upon any and all such 
accounts shall be deemed to be and treated as share liabilities. 
In the event of dissolution or winding-up of any such corpo- 
ration by process of law or otherwise, any holder of anj'' such 
account shall not thereby be entitled to any preference over 
any shareholder, but such account shall be held and treated 
in the general class of liability as serial shares. 



236 Acts, 1950. — Chap. 371 



Holdings hy Minors, Fiduciaries and Corporations. 

Section I4. Shares and accounts may be issued to and 
held by minors, by corporations, and by fiduciaries, including 
a trustee in bankruptcy or receiver if he is duly authorized 
to receive and hold such shares by an order or decree of the 
court by which he was appointed. Shares or accounts held 
by a minor may, in the discretion of the treasurer or other 
duly authorized officer, be withdrawn, as provided in section 
seventeen, by the minor or by his guardian or either parent, 
and in either case payments made on such withdrawals shall 
be valid. If shares or accounts are held in trust, they shall 
be kept in the name of the holder as trustee, and the name 
and residence of the beneficiary shall be disclosed. If no 
other notice of the existence and terms of the trust has been 
received by the corporation such shares and accounts may, 
upon the death of the trustee, be withdrawn by the person 
named as beneficiary or by his legal representative. Persons 
holding shares or accounts in any capacity as provided in 
this section, whether or not originally issued to them in such 
capacity, shall have the legal authority to transfer, pledge, 
assign or withdraw said shares subject to applicable provisions 
of law and the by-laws of the corporation. Withdrawals and 
payments made as provided in this section shall discharge 
the liability of the corporation to all persons. 

Joint Holdings, etc. 

Section 15. Shares and accounts may be issued to and 
held in the name of two or more persons as joint tenants, or 
in the name of two or more persons or the survivor or sur- 
vivors of them, or in the name of husband and wife as tenants 
by the entirety, and may be withdra^vn, assigned or trans- 
ferred in whole or in part by any of the individual parties. 
Payment to any of the persons so holding such shares while 
all of them are living, shall discharge the liability of the 
corporation to all persons, and in the event of the death 
of any of thsm the corporation shall be liable only to the 
survivor or survivors, and the payment to any of the sur- 
vivors shall discharge the liability of the corporation to all 
persons. Shares or accounts may be issued to and held in 
the name of two or more persons as tenants in common. 

Limitations on Holdings. 

Section 16. Except as otherwise provided in this chapter 
and in other applicable provisions of law, no person in- 
dividually shall hold in any one such corporation, at the 
same time, more than forty serial shares and more than a 
combined total of thirty paid-up and savings shares; and 
no two or more persons, as provided in section fifteen, shall 
hold more than eighty serial shares and more than a com- 
bined total of sixty paid-up and savings shares, and each 
person so holding shares with one or more other persons 



Acts, 1950. — Chap. 371. 237 

also may hold shares individually, but the total amount of 
shares in such corporation held at the same time by such 
person both individually and with one or more other persons, 
shall not exceed eighty serial shares and the combined total 
of sixty paid-up and savings shares. Said limitations upon 
individual holdings shall apply to shares held by more than 
one fiduciary in the same estate and to shares held for each 
estate where the same person is a fiduciary in two or more 
distinct estates. 

The foregoing limitations upon holdings of two or more 
persons shall apply to shares held by a banking institution, 
religious, charitable or cemetery organization or corporation, 
labor union, credit union, or fraternal benefit society, or 
with respect to any one estate or proceeding in the name of a 
judge of probate or by order of court, or on account of a 
sinking fund of a town within the commonwealth, or on 
account of any trust fund held by such a town for public 
uses, or by any public or private retirement or pension 
system, association, corporation or trust. 

Notwithstanding that the foregoing hmitations may 
thereby be exceeded, said limitations shall not apply to 
nor be construed to include shares or accounts (a) received 
by any person or persons by inheritance or bequest; (6) 
received by execution of a power of attorney contained 
in any mortgage on the foreclosure thereof; (c) issued to 
qualify for a co-operative bank mortgage; (d) issued, pur- 
suant to a vote of at least three fifths of all the directors 
with the written approval of the commissioner, to any 
governmental agency or authority, or to The Co-operative 
Central Bank or the Share Insurance Fund thereof; (e) 
amounts accumulated in accounts held pursuant to section 
sixteen of chapter one hundred and sixty-seven, dividend 
savings accounts and interest thereon, school savings ac- 
counts and interest thereon, and interest on or added to 
sa\'ings share accounts together with any portion of the 
principal balance in such an account not representing a 
multiple of two hundred dollars. 

Withdrawals. 

Section 17. Shares and accounts may be withdrawn at 
any time subject to the limitations of this section and of 
other applicable provisions of law and of the by-laws, and the 
full value thereof shall be paid, less any charges legally 
incurred, and less such part, if any, of the profits credited 
to shares as the by-laws may prescribe. 

The corporation may at any time require a shareholder 
to give a written notice, not exceeding ninety days, of his 
intention to withdraw the whole or any part of his shares 
or accounts or to apply for a share loan, and if such notice 
is required of ten or more shareholders in any one day it 
shall be deemed a general requirement and reported to the 
commissioner immediately. Whenever in the judgment of 



238 Acts, 1950. — Chap. 371. 

the board of directors there is an unusual demand for v/ith- 
drawals the board, with the approval of the commissioner, 
or the commissioner in his discretion, may, during the period 
of such unusual demand, require not more than six months 
notice for withdrawals or share loans. Until any such re- 
quirement of notice is removed, no payments on account of 
withdrawals or share loans shall be made except to the 
extent approved by the commissioner and the board of 
directors and except in the order of the expiration of the 
notices, no loans except share loans as herein limited shall 
be made, and no dividends or interest shall be paid in cash 
to the holders of any shares or accounts on which notice 
has been filed but shall be credited thereto. 

The directors at any time may by written order, w'ithout 
the requirement of notice, provide that not more than one 
half of the amount of cash then on hand and in banks and 
one half of the funds received thereafter until such order is 
rescinded shall be applied to the payment of the demands 
of withdrawing or borrowing shareholders, and such limita- 
tions shall be effective until the rescission of such order by 
vote of the board of directors or by direction of the com- 
missioner. 

The directors, w^ith the approval of the commissioner, or 
the commissioner in his discretion if he deems it to be in the 
best interest of all the shareholders, may by written order, 
without the requirement of notice, fix a maximum per- 
centage or amount which may be paid on shares and ac- 
counts and on share loans at any one time or during any 
period or periods specified in such order. 

Retirements. 

Section 18. The directors may, under rules made by 
them, cause to be retired any of the shares or accounts or 
classes of shares or accounts provided for in this chapter, 
at any time and in such order or manner as they may pre- 
scribe; but no shares or accounts shall be retired hereunder 
while any requirement of notice or any order authorized 
by section seventeen is in force and effect. 

Deceased Holders; Payments. 

Section 19. The value of any shares and accounts stand- 
ing in the individual name of a deceased shareholder shall 
be paid to his legal representative; provided, that if the 
value thereof does not exceed five hundred dollars and there 
has been no demand for payment by a duly appointed 
executor or administrator, payment may be made, in the 
discretion of the treasurer or other duly authorized officer 
of the corporation or pursuant to special vote of the board 
of directors, after the expiration of thirty days from the 
death of such shareholder, to the husband, widow or next 
of kin of such deceased, upon presentation of a copy of the 
death certificate and the surrender of the passbook or cer- 



Acts, 1950. —Chap. 371. 239 

tificate evidencing the shares or accounts. Payments made 
as provided in this section shall discharge the liability of 
the corporation to all persons with respect to such shares 
and accounts. 

Transfers. 

Section 20. Shares and accounts of any and all classes 
may be transferred only on the books of the corporation in 
such manner and subject to such conditions as the board of 
directors from time to time may prescribe and subject to 
such requirements, if any, as are contained in the by-laws; 
provided, that any charge for making such a transfer shall 
not exceed fifty cents. 

Set-off or Recoupment. 

Section 21. In the event that possession of the corpora- 
tion has been taken by the commissioner as provided in 
section twenty-two of chapter one hundred and sixty-seven, 
or by The Co-operative Central Bank as provided in section 
six of chapter seventy-three of the acts of nineteen hundred 
and thirty-four, as amended, or that such corporation has 
commenced to dissolve voluntarily as provided by law, a 
person or persons holding shares, deposits or accounts in 
any capacity and indebted to the corporation upon a mort- 
gage or other debt, may have such shares, deposits or ac- 
counts pledged to secure the same set-off at the withdrawal 
value, less any amount paid by the corporation to discharge 
any default in the terms and conditions of said mortgage 
or other debt. During such possession or dissolution the 
rights of the persons entitled to such set-offs shall be de- 
termined as of the time of the commencement of such 
possession or dissolution and shall exist whether the in- 
debtedness is then due or payable, or becomes due and 
payable at a later date, provided, that no shares, deposits 
or accounts shall be so set off or recouped by any such 
person unless held and owned by him on the date of the 
commencement of such possession or dissolution. 



LOANS AND INVESTMENTS. 

Classes of Investments. 

Section 22. The funds of any such corporation may be 
invested in real estate loans, share loans, the investments 
authorized in this chapter and such other loans and invest- 
ments as may be authorized by general or special law. 

Real Estate Loans. 

Section 23. Any such corporation may make or acquire 
loans of the following types, upon real estate situated in the 
commonwealth or situated in a state contiguous to the com- 



240 Acts, 1950. —Chap. 371. 

monwealth and within a radius of twenty-five miles of the 
main office of such corporation. Each loan shall be evidenced 
by a note secured by a mortgage which shall be a first lien on 
the real estate so loaned upon, except for municipal liens or 
for mortgages or other liens held by the corporation. 

1. Direct Reduction Mortgage Loans. — Each mortgage 
note held hereunder shall contain provisions calling for 
fixed monthly payments in substantially the same amount 
during the term of the loan, which payments shall be first 
applied to interest and the balance thereafter remaining 
applied to principal. Interest upon each loan shall be com- 
puted monthly on the unpaid balance thereof. 

2. Statutory Co-operative Bank Mortgage Loans. — Each 
loan hereunder shall be accompanied by a transfer and pledge 
of at least one serial share for each two hundred dollars 
loaned. The terms of the note and mortgage shall include 
reference to the number of shares pledged, the series to which 
they belong and the monthly payments and other payments 
to be made. 

3. Common Form Mortgage Loans. — Each loan hereunder 
shall be for an amount not in excess of seventy per cent of 
the value of the real estate securing the loan and for a term 
not in excess of three years; provided, that during such time 
as the principal balance is in excess of sixty per cent of such 
value, amortization shall be required at an annual rate of 
not less than three per cent of the original amount of the 
loan. The aggregate principal balance of loans hereunder 
originated by such corporation, not including those con- 
verted from other types, shall not at any one time be made 
to exceed twenty-five per cent of its assets. 

4. Residential Participation Loans. — Whenever any such 
corporation proposes to make or acquire mortgage loans in 
participation with other banking institutions or associations 
upon real estate located in an area in the process of resi- 
dential development pursuant to a plan or agreement which 
may call for common or delegated supervision or operation, 
or for advances to be made in a manner different from the 
making of advances in the case of an ordinary construction 
loan, or for commitments or undertakings to share certain 
benefits and burdens or to acquire individual mortgages by 
assignment or other transfer in stated events, before entering 
into such a plan or agreement, the security committee shall 
first approve the same and give written notice, signed by at 
least two members thereof, of such proposal and plan or 
agreement to the commissioner, together with such other 
information as the commissioner may request. If the com- 
missioner, within fifteen days after receiving such notice, 
advises the security committee in writing of his dissatis- 
faction or objection to any part or the whole of said plan or 
agreement, such corporation shall not become a party thereto 
nor engage therein unless and until such plan or agreement 
shall have been modified or otherwise amended to the satis- 
faction of the commissioner. 



Acts, 1950. —Chap. 371. 241 



General Provisions Relating to Real Estate Loans. 

Section £4- Investments in real estate loans shall be sub- 
ject to the following provisions: — 

1. The person obligated from time to time to make pay- 
ments under a mortgage, whether he is the original borrower 
or a subsequent owner of the mortgaged property, shall be or 
become a member of the corporation. 

2. For every loan made by the corporation there shall be 
a note and mortgage which together shall contain the terms 
and provisions of the loan. The unexpired term of any loan 
held shall not exceed twenty years. There shall be an 
application for every loan originated by the corporation 
describing the property offered and containing such other in- 
formation as it deems necessary, and before such a loan is 
made at least two members of the security committee shall 
in writing on the application approve the property offered 
as security and certify as to the value thereof according to 
their best judgment. 

3. Except as other wse provided by law, the amount of 
any loan when made or acquired shall not exceed eighty per 
cent of the value of the mortgaged property as certified by 
the security committee. 

4. The principal sum of any loan secured by a mortgage 
on any one parcel of real estate shall when made, or the 
unpaid principal balance outstanding upon any loan so se- 
cured shall when acquired, not exceed twenty thousand 
dollars; provided, that the aggregate amount of loans, as 
to each of which the unpaid balance of principal outstanding 
is more than sixteen thousand dollars, shall not at any one 
time be made to exceed five per cent of the assets of the 
corporation. 

5. The aggregate liability of any one person outstanding 
at any one time on real estate loans held by any such corpo- 
ration shall not exceed twenty-five thousand dollars or one 
per cent of share capital, whichever is greater; provided, 
that in computing such aggregate liability there shall not be 
included the liability of any person on loans (a) upon mort- 
gaged property sold to a person deemed by the corporation 
to be a bona fide purchaser and who has agreed, in writing, 
with the corporation to assume payment thereof, (b) result- 
ing from sales of property purchased from the corporation, 
nor (c) whereon he appears as endorser, guarantor, surety or 
accommodation party. 

6. Any note or mortgage may contain conditions requiring 
the payment monthly or at other periods, of apportionments 
of estimated taxes, betterment assessments and premiums 
for insurance of any kind applicable to the loan. 

7. The corporation may accept payments applicable to 
the loan or to the mortgaged property, other than those re- 
quired by the terms of the loan or by law, to be held and 
applied as mutually agreed upon, but the acceptance of such 



242 Acts, 1950. — Chap. 371. 

payments shall not constitute a waiver of any provisions for 
payments required by the terms of the loan or by law. 

8. Subject to such requirements or limitations as the di- 
rectors may determine, the corporation with the assent of the 
persons obligated on any loan from time to time may revise, 
amend, modify, suspend, reduce, extend or otherwise change 
any of the terms, payments or obligations pertaining to such 
loan. Every such change shall be evidenced by an instru- 
ment setting forth the change, the payments to be made pur- 
suant thereto and the provisions of any mortgage extension, 
which instrument shall be filed with the papers relating to 
the loan. Any sums loaned by such corporation, after the 
recording of its original mortgage, for the purposes referred to 
in section twenty-eight A of chapter one hundred and eighty- 
three, shall be governed by the provisions of said section; 
provided, that, without limiting the foregoing, in making 
any of the changes, hereinbefore authorized, in a co-operative 
bank mortgage, there may be deducted from the value of the 
shares pledged therefor any interest, dues and fines in arrears, 
and any unpaid taxes, municipal liens, assessments and 
charges on the mortgaged premises, and an amount not in 
excess of one thousand dollars for repairs or replacements 
thereto, and any other lawful charges. So much of the 
value of such shares remaining after such deductions as will 
leave the amount of the loan a multiple of fifty dollars, may 
be credited upon the principal balance of the loan and any 
and all such shares thereupon cancelled, and such crediting 
and cancellation may be made even if such principal balance 
will not be reduced thereby; provided, that so long as any 
mortgage continues in co-operative bank mortgage form, 
one share of the corporation shall be pledged for each two 
hundred dollars of principal balance. 

Neither the note evidencing the loan nor the mortgage 
securing the same shall be prejudiced by any change or appli- 
cation of the value of any shares made pursuant to this sub- 
section, notwithstanding the fact that no provision for such 
change or application was originally made in the note or 
mortgage; and both note and mortgage shall continue to be 
held by the corporation as good and suflficient security for 
the balance remaining unpaid after the date of such change 
or application. 

Nothing contained in this sub-section shall be construed 
as preventing any mortgage loan held by such corporation 
from being rewritten, substituted or converted into any other 
type of mortgage which such corporation may lawfully hold. 
Whenever the principal balance of any co-operative bank 
mortgage type of loan, after application of the value of any 
pledged shares, is not in excess of the valuation requirements 
applicable to another type of loan, as certified by at least 
two members of the security committee, such loan may be 
converted into such other type. 

9. Whenever any real estate loan is acquired by purchase, 
any terms thereof may be changed or supplemented by an 



Acts, 1950. — Chap. 371. 243 

extension or other agreement in order to cause such loan to 
conform with appHcable provisions of law. 

10. A loan may be repaid at any time in full or in part 
subject to such anticipatory repayment charges as may be 
provided in the by-laws, but the directors from time to time 
may require that partial payments on any or all types of 
loans shall be in multiples of fifty dollars or less. Payments 
made between bank days may be computed as of the bank 
day following. For each two hundred dollars repaid upon a 
co-operative bank mortgage one share, if desired by the bor- 
rower, may be released from pledge or the value thereof ap- 
phed to any remaining balance of principal. When shares 
pledged upon a co-operative bank mortgage reach their ma- 
tured value, unless the loan is otherwise paid or discharged, 
so much of their matured value shall be applied as will pay 
the loan in full and any remainder shall be released from 
pledge. 

11. Failure by any person obligated on any loan to 
make any payments required by any note or mortgage or 
any extension or other agreement or to comply with any 
lawful provision expressly or by reference contained therein 
or to comply with any of the applicable requirements of this 
chapter or of other law, shall constitute a breach of condi- 
tion for which the unpaid balance of the debt shall, at the 
option of the corporation, become due and payable forth- 
with. 

Whenever payments on shares pledged for a co-operative 
bank mortgage are in arrears for dues, interest or fines for 
four months or any breach of the mortgage conditions exists, 
the corporation may cause such shares to be forfeited and 
thereupon the account of the shareholder shall be debited 
with the arrears of interest and fines and other lawful charges 
to the date of forfeiture, and the shares shall be credited at 
their withdrawal value, whereupon the balance of the account 
immediately shall become due and payable. 

Whenever payments on shares pledged for a co-operative 
bank mortgage are in arrears for dues, interest or fines at the 
maturity of the series, the account of the shareholder shall 
be charged with the amount of the loan and arrears of in- 
terest, fines and other lawful charges at the date of maturity, 
and shall be credited with the value of the shares, whereupon 
the balance of the account shall become immediately due and 
payable. 

At any time after any debt or account becomes due and 
payable as above provided the same, together with interest 
thereon and other lawful charges applicable thereto, may be 
enforced against the security by foreclosure or otherwise and 
recovered, in any manner provided by law for the collection 
of debts. 

12. In the event that any shares or accounts which are 
pledged as security for any loan are sold, forfeited, trans- 
ferred, assigned or credited for the non-performance of the 
conditions of such loan or on the foreclosure thereof or for 



244 Acts, 1950. — Chap. 371. 

ajiy other lawful purpose, the treasurer shall have full au- 
thority to transfer, assign or credit such shares or accounts 
to the corporation or purchaser at any foreclosure or other 
sale or to any assignee. 

13. Every parcel of real estate mortgaged to secure a loan 
which by its terms is payable in three years or less or is 
being amortized at a rate of three per cent or less per annum, 
shall be revalued at intervals of not more than three years as 
long as the loan is held, by or under the direction of at least 
two members of the security committee, who shall in a 
written report certify as to the value of the mortgaged prop- 
erty according to their best judgment. Such report shall be 
presented to the directors at their next monthly meeting and 
a reference to such report and any action taken thereon 
shall be included in the minutes of said meeting. 

Share Loans. 

Section 25. Any such corporation may make or acquire 
loans upon shares and accounts of any class of such corpora- 
tion or of other co-operative banks, if such shares or accounts 
are not already pledged or subject to a notice or order as 
provided in section seventeen, to an amount not exceeding 
ninety-five per cent of the withdrawal value of such shares 
or accounts at the time of the loan, on such terms and condi- 
tions and at such rate of interest as may be determined by or 
acceptable to the corporation. Every such loan shall be ac- 
companied by a transfer and pledge or hypothecation of the 
shares or accounts which are collateral for the loan and, to 
the extent required by the directors, by the pass book or 
other evidence of ownership of such shares or accounts. 

No such loan shall be made to a fiduciary unless his power 
so to borrow is contained in a written instrument or granted 
by a decree of a court having jurisdiction. 

Loans upon shares or accounts held in the names of two 
or more persons may be made to one or more of the holders 
thereof, and a note signed and pledge made by such a holder 
or holders shall be deemed sufficient evidence of the debt 
created thereby and a valid pledge of such shares or accounts, 
notwithstanding that said note is not signed and said pledge 
is not made by any or all of the other holders; provided, 
that all tenants in common shall join in any such loan and 
that all co-fiduciaries shall join in any such loan unless other- 
wise provided in said written instrument or decree. 

Other Loans and Investments; Deposits. 

Section 26. Any such corporation may deposit not more 
than five per cent of its total assets or twenty thousand dol- 
lars, whichever is the greater, in each and any national bank- 
ing association located in the commonwealth, and in each 
and any trust company as defined in section one of chapter 
one hundred and seventy-two, and in each and any banking 



Acts, 1950. — Chap. 371. 245 

company qualified to receive demand deposits under the 
provisions of section six A of chai)ter one hundred and 
seventy-two A, and in the Federal Home Loan Bank, re- 
ferred 10 in subsection three of this section; provided, that 
any such deposit, if it exceeds twenty thousand dollars, shall 
not represent more than twenty-five per cent of the capital 
stock and surplus fund of such depositary. 

Any such corporation may, subject to applicable provi- 
sions of law, invest its funds in loans and investments as 
follows: — 

1. In any of the securities named in clause Second of sec- 
tion fifty-four of chapter one hundred and sixty-eight, sub- 
ject, however, to the provisions of said clause. 

2. In the case of any such corporation having assets total- 
ling more than five million dollars, in any of the securities 
named in clauses Third and Third A and clauses Fifth to 
Sixth A, inclusive, of said section fifty-four, subject, how- 
ever, to the provisions of said clauses and to the following 
limitations : — Not more than an amount equal to five per 
cent of the assets of any such corporation shall be invested in 
railroad bonds or other obligations referred to in clauses 
Third and Third A of said section fifty-four, and not more 
than an amount equal to one and one half per cent of such 
assets shall be invested in the bonds or other obhgations of 
any one railroad corporation; not more than an amount 
equal to ten per cent of the assets of any such corporation 
shall be invested in bonds or other obligations of telephone 
companies referred to in clauses Fifth to Fifth C, inclusive, 
of said section fifty-four, and not more than an amount equal 
to two per cent of such assets shall be invested in the bonds 
or other obligations of any one telephone company; not 
more than an amount equal to five per cent of the assets of 
any such corporation shall be invested in the bonds of gas, 
electric or water companies referred to in clause Sixth of 
said section fifty-four, and not more than an amount equal 
to one and one half per cent of such assets shall be invested in 
(he bonds or other obligations of any one such company; not 
more than an amount equal to ten per cent of the assets of 
any such corporation shall be invested in bonds or other ob- 
hgations of public service companies referred to in clause 
Sixth A of said section fifty-four, and not more than an 
amount equal to two per cent of such assets shall be invested 
in the bonds or other obligations of any one such pubUc 
service company. The aggregate amount held by such cor- 
poration under this subsection in all of the aforesaid securi- 
ties shall not at any one time exceed twenty per cent of its 
assets. 

3. In the stock and obligations of the Federal Home Loan 
Bank established for the district of New England under the 
provisions of an act of congress, approved July twenty- 
second, nineteen hundred and thirty-two, as amended, and 
kno\vn as the federal home loan bank act, and any successor 
of said bank. The aggregate amount invested by such cor- 



246 Acts, 1950. — Chap. 371. 

poration under this subsection shall not at any one time ex- 
ceed three per cent of its assets. 

4. In loans to and in shares of other co-operative banks. 

5. In loans secured by the pledge or hypothecation of 
savings shares, savings deposits or savings accounts, repre- 
sented by pass books, certificates or other evidences of in- 
debtedness, which at the time of the loan are not already 
pledged or subject to any restriction upon withdrawal in the 
ordinary course, in any savings bank as defined in section 
one of chapter one hundred and sixty-eight, in the savings 
department of any said trust company, in any said national 
banking association, in any credit union as defined in section 
one of chapter one hundred and seventy-one, in any federal 
credit union located in the com.monwealth, or in any federal 
savings and loan association located in the commonwealth, 
to the extent and in the manner provided in, and pursuant 
to the provisions of section twenty-five, relative to loans 
upon shares and accounts, which provisions are hereby made 
applicable to the investments authorized by this subsection. 
Any loan held under this subsection shall not exceed five 
thousand dollars when made or acquired, and the aggregate 
of such loans to any one person held by such corporation at 
any one time shall not exceed ten thousand dollars. 

6. In loans and advances of credit to owners of improved 
real estate upon which it holds mortgages in any form, for 
the purpose of financing the repair, alteration, improvement 
or rehabilitation thereof or the purchase and installation of 
fixtures to be affixed thereto or durable appliances to be used 
in the maintenance and ordinary use of said real estate; pro- 
vided, that at the time of making any loan or advance here- 
under all such loans and advances with respect to any one 
parcel of real estate then outstanding, together with the loan 
or advance then being made, exclusive of discounts, shall 
not exceed one thousand five hundred dollars nor, combined 
with the balances due on mortgages held by such corporation 
upon said parcel of real estate, exceed the value of said par- 
cel of real estate as then certified by the security committed 
of such corporation; and provided, further, that such loans 
or advances shall be payable at a time not exceeding five 
years from the date thereof, and shall require payments to 
be made on account of the principal in substantially equal 
monthly installments. Such required payments shall com- 
mence not later than one month after the date of the note or 
other obligation and shall be in amounts which at maturity 
will complete the payment thereof in full. Such loans and 
advances of credit may be secured or unsecured and effected 
in such form and manner as the security committee may de- 
termine. 

7. In such other loans on or in relation to real estate and 
in such other investments in interest bearing securities, to 
such extent and subject to such conditions and limitations as 
may be authorized by the commissioner pursuant to the fol- 
lowing provisions : — Upon application by twenty-five such 



Acts, 1950. — Chap. 371. 247 

corporations to The Co-operative Central Bank, submitted 
in such form and under such regulations as its directors may 
require, requesting authority for co-operative banks to in- 
vest their funds in any loans or investments not otherwise 
authorized for investment by this chapter or by general or 
special law, said directors may request the commissioner, in 
such form and under such regulations as he may require, in 
his discretion, to authorize co-operative banks, notwith- 
standing any other provisions of this chapter or of general or 
special law, to invest their funds in any such loans or invest- 
ments. Any expense deemed necessary and incurred by The 
Co-operative Central Bank in connection with the considera- 
tion of such application shall be a proper expense to be in- 
curred and paid by it. If the commissioner shall grant such 
request he shall send forthwith written notice of such de- 
cision to said directors and to each co-operative bank and 
shall file forthwith an attested copy of such notice with the 
state secretary. At any time thereafter the commissioner, 
upon his own initiative or upon the written request of said 
directors, may revoke or revise such authority, in which 
event he shall send forthwith written notice of such revoca- 
tion or revision to said directors and to each co-operative 
bank, and shall file forthwith an attested copy of such notice 
with the state secretary. Following receipt by a co-operative 
bank of such a notice of revocation no further investments 
of the type or types referred to in such notice shall be made 
by it, and following receipt by a co-operative bank of such 
a notice of revision no further investments of the type or 
types no longer authorized shall be made by it. In deter- 
mining whether such investments should be so authorized 
for investment or whether any such authorization should be 
revoked or revised the commissioner may employ such expert 
assistance as he deems proper or may rely upon information 
contained in publications which he deems authoritative 
in reference to such matters. The Co-operative Central 
Bank, its officers, directors and agents, shall in no way be 
held responsible for failure to take action upon any such ap- 
plication or to make any such request of the commissioner. 

Sales and Assignments. 

Section 27. Any such corporation may sell, transfer and 
assign any and all its loans, investments or other assets; 
provided, that (a) in any case where the consideration to be 
received is other than cash or other property, the applicable 
provisions of section forty-seven of this chapter or of chap- 
ter seventy-three of the acts of nineteen hundred and thirty- 
four, as amended, shall apply; and {b) where the aggregate 
amount of sales of loans on real estate or on shares of the 
corporation in any period of twelve consecutive months 
would exceed five per cent of the total assets of the corpora- 
tion the written approval of the commissioner for any 
amount in excess thereof first shall be obtained, but the limi- 



248 Acts, 1950. — Chap. 371. 

tations contained in this clause (6) shall not apply in the 
case of any sale by such corporation of loans on real estate 
insured or guaranteed in full or in part by a federal agency. 
In case of the assignment of any type of real estate 
mortgage to an insurance company following a fire at the 
mortgaged premises, the applicable provisions of section 
twenty-two of chapter one hundred and eighty-three shall 
apply. 

Servicing of Loans. 

Section 28. Any such corporation may collect and apply 
pa\Tnents due upon and may otherwise service mortgage 
loans owned by others; provided, that such loans are of 
such a type and within such limitations as to amount and 
geographical location of the mortgaged real estate as would be 
required for direct investment by such corporation under sec- 
tions twenty-three and twenty-four; and provided, further, 
that an agreement setting forth the terms and conditions of 
and charges to be made for such services shall be executed 
on behalf of such corporation and the mortgage owner or 
owTiers and filed with the records of the corporation. 

Property Acquired. 

Section 29. Any such corporation may purchase at pub- 
lic or private sale any real estate and other property upon 
which it may have a mortgage, judgment, lien, or other 
encumbrance, or in which it may have an interest ; may hold, 
conserve, manage, operate, lease, exchange, sell and convey 
any such real estate and other property so acciuircd; may, 
to secure the payment of the whole or a part of the purchase 
price of any such personal property, take an agreement of 
conditional sale or lease or personal property mortgage or 
other instrument of pledge calling for installment payments ; 
and may, to secure the payment of the whole or a part of 
the purchase price of any such real estate, take a mortgage 
or mortgages thereon of any one or more of the types referred 
to in section twenty-three. All such real estate and other 
property shall be sold within six years after the acquisition 
of title thereto; but the commissioner may, on petition of 
the security committee and for cause, grant additional time 
for the holding of the same. 

Banking Quarters. 

Section 30. Any such corporation may invest its funds in 
and hold real estate suitable for the convenient transaction 
of its business. The aggregate amount invested in such real 
estate, including the cost of land and buildings, and of alter- 
ations, improvements and additions, shall not exceed, in the 
aggregate, its guaranty fund, surplus account and unallocated 
reserves or two and one half per cent of its total assets which- 
ever is the lesser. All such investments, except those in alter- 



Acts, 1950. — Chap. 371. 249 

ations, improvements or additions involving an expense of 
ten thousand dollars or less made in any period of twenty- 
four consecutive months, shall be subject to the approval of 
the commissioner. 

Any such corporation, with the aj^proval of the commis- 
sioner, may expend sums not exceeding, in the aggregate, its 
guaranty fund, surplus account and unallocated reserves or 
one half of one per cent of its total assets, whichever is the 
lesser, for alterations, improvements, and additions to any 
premises leased by it for the convenient transaction of its 
business. 

In determining the aggregate amounts considered to be 
invested and expended under this section, from time to time 
there shall be deducted therefrom, to the extent approved by 
the commissioner, any sums that may be recovered through 
the sale or other disposal of real estate or any part thereof 
held under this section, together with such sums as are taken 
on account of depreciation, obsolescence, amortization or for 
other reasons, with respect to such investments in real estate 
and with respect to expenditures on leased premises. 



OTHER POWERS AND FUNCTIONS. 

Borrowing. 

Section 31. Such corporation, by vote of at least three 
fifths of all its directors, may borrow from any source to meet 
withdrawals, pay taxes, make loans on shares or accounts of 
the corporation, or make or acquire real estate loans; pro- 
vided, that any such borrowing for a period exceeding one 
year shall be subject to the approval of the commissioner; 
and provided, further, that any borrowing for a period of 
one year or less shall be subject to such approval if such bor- 
rowing together with the aggregate of all borrowings then 
outstanding would exceed an amount equal to three per cent 
of the assets of such corporation or one hundred thousand 
dollars, whichever is the lesser. 

As security for any borrowing made under this section, the 
corporation may assign and pledge any of its loans and in- 
vestments. Every such borrowing shall constitute a debt 
which shall be satisfied, in case of liquidation of the affairs of 
the corporation, before any distribution of its assets to share- 
holders or holders of other accounts. 

Checks and Money Orders. 

Section 32. Any such corporation may, under such regu- 
lations as may be made by the commissioner, sell negotiable 
checks drawn by or on it and payable by or through a trust 
company or a national banking association, and sell travelers 
checks and American Express Company money orders, and 
may cash any check or money order whatsoever and make 
charges for any of the foregoing. 



250 Acts, 1950. — Chap. 371. 

Payments in Arrears; Fines. 

Section S3. Any such corporation may charge fines on in- 
terest and principal in arrears if authorized by the directors; 
and shall charge fines on dues in arrears. The directors shall 
prescribe the rate of fines and the manner in which and the 
extent to which fines may be waived. No fine on dues or 
interest or principal shall exceed two per cent a month, and 
no fine on combined amounts of dues and interest or princi- 
pal and interest shall exceed one per cent a month, on each 
dollar in arrears. No fine shall exceed for any one month the 
fine imposed on payments six months in arrears, and no fine 
shall be imposed on a fine in arrears. No fine shall be charged 
upon arrears of dues on shares which are withdrawn, for- 
feited, suspended or retired, in excess of the profits, if any, 
which shall have been distributed thereto. 

Federal Home Loan Bank Membership. 

Section 34- Any such corporation may become a member 
of the Federal Home Loan Bank or of any successor of said 
bank. 

Other Memberships. 

Section 35. Any such corporation, by vote of a majority 
of its directors, may become a member of any leagues, asso- 
ciations, or organizations organized for the purpose of pro- 
tecting and promoting the interests of co-operative banks 
and similar institutions, and may subscribe to a service or 
services established to protect or conserve the assets of bank- 
ing institutions and may pay to such leagues, associations or 
organizations or for such a service or services its propor- 
tionate share of the expenses thereof, if in the opinion of the 
majority of its directors, such expenses are reasonable and 
necessary. No such corporation shall expend in the aggre- 
gate for the purposes mentioned in this section and for the 
contributions referred to in section thirty-six, in any period 
of twelve consecutive months, as determined by the com- 
missioner, more than three quarters of one per cent of its 
income for the next preceding period, as so determined; pro- 
vided, that not more than one quarter of one per cent of such 
income shall be expended for said contributions. 

INCIDENTAL POWERS. 

Section 36. Any such corporation, by vote of a majority 
of its directors, may contribute such sum or sums of money 
as said directors may determine to be reasonable to any 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 condi- 
tions in the community where such corporation is established; 
provided, that expenditures for such contributions shall not 
exceed the limitations contained in section thirty-five. 



Acts, 1950. — Chap. 371. 251 

EARNINGS AND RESERVES. 

Earnings and Distribution. 

Section 37. The board of directors, at each distribution 
date which shall be quarterly, semi-annually or annually, as 
of the close of business on a day when a new series of shares 
may be issued pursuant to section thirteen, shall distribute 
the net profits in the following manner: — 

(a) There shall first be transferred to the guaranty fund 
the amount required under section thirty-eight. 

(b) After such transfer to the guaranty fund, dividends 
and interest shall be distributed to the various classes of 
shares and accounts referred to in section thirteen, then 
existing, at such dividend and interest rates respectively ap- 
plicable to each class as shall be determined by the directors. 
No such rate shall exceed the rate applicable to serial shares, 
nor shall any such rate exceed five per cent per annum unless 
at that time the aggregate amount of the guaranty fund and 
surplus exceeds ten per cent of the assets of the corporation. 
Such distributions to each class of shares shall be made on 
the basis of their value at that time and shall be computed 
on the basis of a single share fully paid to the date of dis- 
tribution. Distributions to paid-up shares, as to each holder 
thereof, shall be credited or reserved for credit to a savings 
share account or a dividend savings account in his name, or 
shall be paid to him if he or the corporation so elects. Para- 
graph (c) of subsection three of section thirteen shall apply 
to distributions to savings share accounts and to dividend 
savings accounts. Distributions to club accounts shall be 
in accordance with the terms thereof. Any distributions 
which are to be credited to savings share accounts, dividend 
savings accounts and club accounts may, at the option of the 
directors, be reserved for credit at a later date which shall be 
within three months as to savings share accounts and divi- 
dend savings accounts, and within one year as to club ac- 
counts. 

(c) After such distribution or provision therefor, any bal- 
ance of net profits then remaining shall be transferred to the 
surplus account referred to in section thirty-nine. 

Guaranty Fund. 

Section 38. Every such corporation shall establish and 
maintain a guaranty fund to be used to meet losses in its 
business from depreciation, disposal or other change in its 
assets, or to establish reserves therefor. There may be trans- 
ferred to such fund from the surplus account or other re- 
serve accounts such amounts as the directors from time to 
time may determine. 

At each distribution date and until such fund is at least 
equal to ten per cent of the assets of the corporation, there 
shall be transferred thereto five per cent of the net profits. 



252 Acts, 1950. — Chap. 371. 

Surplus Account. 

Section 39. Every such corporation shall establish and 
maintain from earnings a surplus account to be used to meet 
losses and contingencies and adjustments arising out of or 
incidental to the operation of its business and for such other 
purposes as the directors from time to time may determine. 
There may be appropriated from time to time from the sur- 
plus account an amount sufficient to enable the distribution 
of dividends and interest to shares and accounts at rates not 
in excess of the respective rates last distributed. Except 
with the approval of the commissioner, the total of such 
appropriations from the surplus account during any period 
of twelve consecutive months shall not exceed the total 
amounts credited thereto during such period, and the aggre- 
gate amount of the guaranty fund and surplus account and 
of any unallocated reserves shall not exceed at any time 
twenty per cent of the assets of the corporation. 

Ldquidity Reserve Required. 

Section 40. Every such corporation shall establish and 
at all times maintain, as a minimum reserve to meet with- 
drawals of shares and accounts and applications for loans on 
shares and accounts and payments of taxes received from 
mortgagors, an amovmt equal to not less than six per cent 
of its total assets, plus amounts equal to its liabilities upon 
club accounts and upon payments received by it from 
mortgagors for the purpose of payment of taxes on mortgaged 
real estate; provided, that such minimum percentage of its 
total avssets shall be four per cent until and including Janu- 
ary first, nineteen hundred and fifty-two and five per cent 
thereafter until and including January first, nineteen hundred 
and fifty-three. Such reserve shall consist of any or all of 
the following: — (a) cash on hand; (h) balances payable on 
demand due from any trust company, national banking as- 
sociation or banking company, referred to in section twenty- 
six; (c) bonds and other direct obligations of the United 
States, or such obligations as are unconditionally guaran- 
teed as to the payment of principal and interest by the 
United States; (d) bonds and notes of this commonwealth 
or of any political subdivision thereof; (e) deposits in The 
Co-operative Central Bank pursuant to chapter forty-five 
of the acts of nineteen hundred and thirty-two, as amended; 
and (/) stock of or deposits in the said Federal Home Loan 
Bank. If at any time the reserve of any such corporation 
falls below the minimum amount herein required, such cor- 
poration shall not, except to the extent approved by the 
commissioner, make any real estate loans, other than addi- 
tional loans and reloans upon property already mortgaged 
to such corporation, until such minimum reserve shall have 
been fully restored. 



Acts, 1950. — Chap. 371. 253 

PUBLIC SUPERVISION. 

Powers arid Duties of Commissioner; Examinations. 

Section 41. The commissioner shall have the same powers 
and duties in respect to co-operative banks which he has in 
respect to savings banks. Each examination made pursuant 
to section two of chapter one hundred and sixty-seven shall 
include an audit to the extent determined by the commis- 
sioner for the period elapsed since the preceding examination, 
and may include a verification of share and other accounts, 
in such manner and to such extent as the commissioner may 
determine. The commissioner shall cause to be delivered to 
the board of directors within a reasonable time after the 
completion of the examination a copy of his report of exam- 
ination and audit and of such verifications as may have been 
included therein. 

To assist in defraying the actual cost of such examination, 
audit and any verification included therein and that portion 
of the overhead expenses of the division of banks and loan 
agencies, including travelling and hotel expense, which shall 
be determined by the commissioner to be attributable to the 
supervision of such corporation, the corporation shall, within 
thirty days after receipt of notice from the commissioner of a 
charge therefor, pay to him such charge which shall not 
exceed twenty-five cents per one thousand dollars of assets 
as shown by the statement of condition of the corporation as 
of the date of such examination. 

Annual Reports; Verifications. 

Section ^2. Every such corporation shall annually, within 
thirty days after its April bank day, make a report to the 
commissioner in such form as he may prescribe, showing ac- 
curately its condition at the close of business on such bank 
day. The president, treasurer or other executive officer shall 
sign the report and certify on oath that it is correct accord- 
ing to his best knowledge and belief. 

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 to be verified such 
share or other accounts to such an extent and in such manner 
as the commissioner shall require and under such rules as he 
may prescribe. Such verification may be supplemented by 
or supplementary to any verifications which may be in- 
cluded in any examination made pursuant to section forty- 
one. 

Certain Commissions, etc., Regulated. 

Section 43. No such corporation, and no officer or em- 
ployee thereof, shall ask for, take or receive a fee, brokerage, 
commission, gift or other consideration for or on account of 
a loan made by or on behalf of such corporation, other than 
appears on the face of a note or contract by which the loan 



254 Acts, 1950. — Chap. 371. 

purports to be made; but this section shall not apply to a 
reasonable charge for services in the examination of property 
and title and for the preparation and recording of convey- 
ances and other instruments pertaining to its loans, nor to 
charges by the corporation for any services which by law it 
is authorized to render. Whoever violates any provision of 
this section shall be punished by a fine of not more than one 
thousand dollars. 

Co-operative Banking Restricted. 

Section J^Jf. Except as provided in section forty-five, no 
person shall transact in this commonwealth the business of 
accumulating and loaning and otherwise investing the 
savings and funds of its members in any material manner 
similar to the operation of a co-operative bank, savings and 
loan association or building and loan association, unless in- 
corporated under this chapter. Whoever violates any pro- 
vision of this section shall be punished by a fine of not more 
than one thousand dollars. The supreme judicial court and 
the superior court shall have jurisdiction in equity to enforce 
this section. 

Foreign Corporations; Reciprocity. 

Section Ji5. Section forty-four shall not prevent a cor- 
poration, organized under the laws of any other state for 
the piu-pose of transacting the type of business described in 
said section, from loaning money upon mortgages of real 
estate located within this commonwealth if, and to the ex- 
tent that, under the laws of such state, co-operative banks 
organized under this chapter are not prevented from loan- 
ing money upon mortgages of real estate located within such 
state. 

Reduction of Liability. 

Section 46. Whenever it has been determined by the 
commissioner after investigation, that the losses of any 
such corporation resulting from a depreciation in the value 
of its assets or otherwise, exceed its guaranty fund and 
surplus and any other reserve accounts, so that the esti- 
mated value of its assets is less than the total amount due 
to shareholders and holders of accounts referred to in section 
thirteen, he may require by order a suspension of dividend 
and interest distributions or a reduction of its liability to 
such shareholders and account holders in such manner as 
to distribute the loss equitabl}'' among them. If, after such 
an order of reduction, the corporation shall realize from such 
assets an amount in excess of the value so estimated, such 
amount shall be divided among the then remaining share- 
holders and account holders whose balances were so reduced, 
but to the extent of such reduction only, and any balance 
of said excess remaining shall be transferred to the surplus 
account. 



Acts, 1950. — Chap. 371. 255 

CORPORATE CHANGES. 

Sale of Assets; Assumplion of Liahilities. 

Section 47. With the approval of the commissioner, any- 
such corporation may advance or loan upon, or purchase, 
the whole or any part of the assets of any other such corpo- 
ration, and may participate in such an advance, loan or 
purchase with one or more other such corporations, at such 
valuations and upon such terms and conditions as shall 
have been agreed upon by vote of two thirds of their respec- 
tive boards of directors ; and the corporation or corporations 
making or participating in such an' advance, loan or pur- 
chase, for the purpose of effecting the same, may assume 
and agree to pay the whole or any part of the share liabilities 
and other habilities of such other corporation upon such 
terms and conditions and subject to such adjustments as 
may be approved by the commissioner. In the event of 
approval by the commissioner, other provisions of law 
applicable to the number of directors, the investment of 
funds of co-operative banks and to the limitations upon 
shares and accounts referred to in section sixteen, shall not 
apply. The commissioner may impose such conditions and 
restrictions as he may deem necessary or advisable in respect 
to such share liabilities and other liabilities assumed as 
hereinbefore provided. Before all or substantially all of the 
assets of any such corporation shall be sold hereunder, such 
action shall be approved by a vote of at least two thirds of 
those shareholders present, qualified to vote and voting, 
at a special meeting called for the purpose, of the share- 
holders of the corporation proposing so to sell its assets. 
Notice of such special meeting, containing a statement of the 
time, place and purpose of the meeting, and setting forth 
the terms of sale tentatively agreed upon, shall be sent by 
the clerk of such corporation to each shareholder thereof at 
his last address appearing upon the records of the corpo- 
ration, by mail, postage prepaid, at least thirty days before 
the date of the meeting. Notice of the meeting also shall be 
advertised three times in one or more newspapers published in 
the town in which the main office of said corporation is 
situated or if there be no such newspaper, then in one or 
more newspapers published in the county where the town 
is situated, the last publication to be at least one day before 
the meeting. 

Consolidation. 

Section 48. Any two or more such corporations may 
consolidate into a single corporation, upon such terms as 
shall have been agreed upon by vote of two thirds of the 
board of directors of each corporation and as shall have been 
approved in writing by the commissioner; provided, that 
such action shall have been approved by the shareholders of 
each corporation at a special meeting thereof called for 



256 Acts, 1950. — Chap. 371. 

that purpose, by a vote of at least two thirds of those share- 
holders present, qualified to vote, and voting at each such 
meeting. Notice of such special meeting, setting forth the 
terms tentatively agreed upon, shall be mailed and pub- 
lished in the manner and to the extent provided for the 
notices referred to in section forty-seven. A certificate 
under the hands of the presidents and clerks or other duly 
authorized officers of all such corporations, setting forth 
that each said corporation, respectively, has complied with 
all the requirements of this section, shall be submitted to 
the commissioner, who, if he shall approve such consolida- 
tion, shall endorse his approval upon such certificate, and 
thereupon such consolidation shall become effective. Upon 
consolidation of any such corporation with another, as herein 
provided : — 

(1) The corporate existence of all but one of the con- 
soUdating corporations shall be discontinued and consoli- 
dated into that of the remaining corporation, which shall 
continue. All and singular the rights, privileges and fran- 
chises of each discontinuing corporation and its right, title 
and interest to all property of whatever kind, whether real, 
personal or mixed, and things in action, and every right, 
privilege, interest or asset of conceivable value or benefit 
then existing which would inure to it under an unconsolidat-ed 
existence, shall be deemed fully and finalh', and without 
any right of reversion, transferred to or vested in the con- 
tinuing corporation, without further act or deed, and such 
continuing corporation shall have and hold the same in its 
own right as fully as if the same was possessed and held by 
the discontinuing corporation from which it was, by operation 
of the provisions hereof, transferred, and other provisions 
of law relative to limitations on the number of directors 
and on the investment of funds of such corporations, shall 
not apply. 

(2) A discontinuing corporation's rights, obligations and 
relations to any member, creditor, trustee or beneficiary 
of any trust, or other person, as of the effective date of the 
consolidation, shall remain unimpaired, and the continuing 
corporation shall, by the consolidation, succeed to all such 
relations, obligations and liabilities, as though it had itself 
assumed the relation or incurred the obligation or liability; 
and its liabilities and obligations to creditors existing for 
any cause whatsoever shall not be impaired by the consoli- 
dation; nor shall any obligation or liability of any member 
in any such corporation, continuing or discontinuing, which 
is party to the consolidation, be affected by any such con- 
solidation, but such obligations and liabilities shall continue 
as fully and to the same extent as the same existed before 
the consolidation, and the provisions of section sixteen 
relative to the limitations on shares and accounts, shall not 
apply. 

(3) A pending action or other judicial proceeding to 
which any of the consolidating corporations is a party shall 



Acts, 1950. — Chap. 371. 257 

not be deemed to have abated or to have discontinued by 
reason of the consolidation, but may be prosecuted to final 
judgment, order or decree in the same manner as if the 
consolidation had not been made; or the continuing cor- 
poration may be substituted as a party to any such action or 
proceeding to which the discontinuing corporation was a 
party, and any judgment, order or decree may be rendered 
for or against the continuing corporation that might have 
been rendered for or against such discontinuing corporation 
if consolidation had not occurred. 

(4) After such consolidation, a foreclosure of a mortgage 
begun by any of the discontinuing corporations may be 
completed by the continuing corporation, and publication 
begun by the discontinuing corporation may be continued 
in the name of the discontinuing corporation. Any certif- 
icate of possession, affidavit of sale or foreclosure deed 
relative to such foreclosure shall be executed by the proper 
officers in behalf of whichever of such corporations actually 
took possession or made the sale, but any such instrument 
executed in behalf of the continuing corporation shall recite 
that it is the successor of the discontinuing corporation 
which commenced the foreclosure. 

A new name, or the name of anj'- of the consolidating 
corporations may be adopted as the name of the continuing 
corporation at the special meetings called as herein pro- 
vided, and it shall become the name of the continuing cor- 
poration upon the approval of the consolidation, without 
further action under the laws of the commonwealth as to 
change or adoption of a new name on the part of the con- 
tinuing corporation. 

The commissioner shall determine the value of the shares 
in each discontinuing corporation, after agreement between 
the directors of the consolidating corporations, but nothing 
contained in this paragraph shall be construed as requiring 
that the shares of each of the consolidating corporations 
shall have equal or substantially equal value. 

Conversion by a Co-operative Bank. 

Section J^9. Any such corporation may convert itself into 
a federal savings and loan association, or other federal 
agency of a like nature, if authorized by a vote of a ma- 
jority of all the shareholders of such corporation, entitled 
to vote, voting in person or by proxy, at a meeting espe- 
cially called to consider the subject. Notice of such special 
meeting, containing a statement of the time, place and the 
purpose of the meeting shall be sent by the clerk of the 
corporation to each shareholder at his last address appear- 
ing upon the records of the corporation, by mail, postage 
prepaid, at least thirty days before the date of the meeting. 
Notice of the meeting also shall be advertised three times 
in one or more newspapers published in the city or town in 
which the main office of the corporation is situated or if 



258 Acts, 1950. — Chap. 371. 

there be no such newspaper, then in one or more newspapers 
published in the county wherein the town is situated, the 
last publication to be at least one day before the meeting. 

There also shall be mailed with the notice of such special 
meeting such form of letter concerning the proposed con- 
version as the commissioner may approve; provided, that 
if the commissioner shall fail to approve the form of such a 
letter within thirty days after receipt by him of a written 
request therefor, such corporation may mail with said notice 
such form of letter as the board of directors may approve. 

A proxy used at such meeting shall not be valid unless 
it is in writing, signed by the shareholder, and is in such 
form as clearly will enable such shareholder to select and 
indicate his choice as to whether he favors or opposes the 
proposed conversion. 

After compliance with the first paragraph of this section 
and approval of such conversion by the shareholders as 
required thereby and upon the approval of the conversion 
by the appropriate federal supervising authority to the 
extent required by applicable provisions of federal law and 
regulations thereunder, and the issuance by such authority 
of a federal savings and loan association charter, such corpo- 
ration shall cease to be a member bank of The Co-operative 
Central Bank, referred to in section one of chapter forty- 
five of the acts of nineteen hundred and thirty-two, as 
amended, and in section one of chapter seventy-three of 
the acts of nineteen hundred and thirty-four, as amended, 
hereinafter called the central bank, and shall cease to be a 
participating bank in the Co-operative Banks Employees 
Retirement Association referred to in sections fifty-one to 
fifty-three, inclusive, of this chapter. 

After receipt by the central bank of notice from the 
commissioner that he has been notified in writing by such 
federal supervising authority that the conversion of such 
corporation has been completed and that such federal char- 
ter has been issued to the succeeding federal savings and 
loan association, and that he has received from the state 
secretary a certificate that such corporation, hereinafter 
called the predecessor corporation, has been duly recorded 
for dissolution, the following further provisions shall apply. 

1. The central bank shall pay to said succeeding associa- 
tion from the fund representing deposits of member banks 
made pursuant to said chapter forty-five, hereinafter called 
the reserve fund, an amount equal to not more than the 
aggregate of all deposits made by the predecessor corpora- 
tion held in said reserve fund on the efTective date of the 
conversion, less all indebtedness of such corporation to the 
central bank; provided, that no part of the surplus, un- 
divided profits or other reserves held by the central bank 
in said reserve fund shall be so paid. 

2. An amount equal to the annual assessments paid and 
which shall have become due and payable by the predecessor 
corporation while a member bank, to the share insurance 



Acts, 1950. — Chap. 371. 259 

fund of the central bank, pursuant to section one of said 
chapter seventy-three, as amended, shall be retained by the 
central bank as a charge for insurance of the shares of such 
corporation while a member bank of said share insurance 
fund. All other assessments paid by the predecessor cor- 
poration to said share insurance fund pursuant to said 
chapter seventy-three, as amended, shall continue to be held 
by the central bank until all losses and estimated losses and 
expenses of all corporations being assisted by the central 
bank from said share insurance fund and being liquidated 
at the time that such corporation ceased to be a member 
bank shall have been paid or provided for. Thereafter the 
succeeding association shall be entitled to receive from the 
central bank the portions, if any, of such other assessments 
not so paid or required as shall be determined bj' the central 
bank with the approval of the commissioner, and such de- 
termination shall be final and conclusive upon the central 
bank, the predecessor corporation and the succeeding asso- 
ciation and all other persons then or thereafter interested; 
provided, that the supreme judicial court for the county 
wherein the principal office of the succeeding association is 
located shall have jurisdiction to review and to confirm or 
modify such determination upon the petition of the prede- 
cessor corporation or the succeeding association filed within 
ten days after receipt thereby of notice of such determination. 
The central bank, in its discretion and subject to the approval 
of the commissioner, may make disposition of such other 
assessments, at any time after such conversion is completed, 
by adjustment pursuant to an agreement with the prede- 
cessor corporation or the succeeding association and may pay 
thereto such amount as may be so agreed upon. 

3. The predecessor corporation or the succeeding associ- 
ation shall, subject to the last sentence of this paragraph, pay 
to said share insurance fund or make provision for payment 
thereto of a sum equal to three annual assessments, referred 
to in section one, at the percentage rate in effect at the time 
the predecessor corporation ceased to be a member bank and 
computed on the basis of its share liabilities and notes pay- 
able as shown by its last annual report to the commissioner 
preceding such conversion or, at its option or at the option 
of the succeeding association, as shown by the records of the 
predecessor corporation on the effective date of conversion. 
Until such sum shall have been paid in full, payments on 
account thereof shall be made annually or oftener by the 
predecessor corporation or the succeeding association; pro- 
vided, that not less than one third of such sum shall be paid 
annually. If any such one third shall not be so paid or if, 
at the end of three years from the time the predecessor cor- 
poration ceased to be a member bank such sum shall not 
have been paid in full, the entire balance thereof may be 
recovered by the central bank, together with interest thereon, 
in any manner provided by law for the collection of debts. 
The predecessor corporation or the succeeding association 



260 Acts, 1950. — Chap. 371. 

may authorize the deduction of such sum in whole or in part, 
from the amount, if any, of the portions of said other assess- 
ments to which the succeeding association may be entitled 
as hereinbefore provided. If, however, hy federal law or 
regulation a federal savings and loan association converting 
therefrom to a co-operative bank, is required to pay to the 
federal savings and loan insurance corporation a sum equal to 
annual premiums or assessments for other than a period of 
three years, then the number of annual assessments payable 
to said share insurance fund under this section shall be for 
the same number of years as is so required. 

Conversion to a Co-operative Bank. 

Section 50. Any federal savings and loan association may 
convert itself into a co-operative bank upon the same terms 
and conditions that from time to time shall apply under 
federal law and regulations to the conversion of a co-operative 
bank to such an association; provided, that where authority 
is conferred upon the federal home loan bank board or the 
federal home loan bank, referred to in subsection three of 
section twenty-six, in the case of a conversion from a co- 
operative bank to such an association, similar authority, in 
the case of a conversion from such an association to a co- 
operative bank, unless otherwise expressly provided in this 
section, is hereby conferred upon the board of bank incor- 
poration. 

Any such association shall first give notice in writing to 
the board of bank incorporation of its intention to convert 
to a co-operative bank and shall submit such preliminary 
financial statements and other information concerning its 
assets, liabilities and affairs as said board may request, to- 
gether with a plan for proposed conversion showing the in- 
tended treatment of the various classes of its assets and 
liabilities before and after conversion. The commissioner, at 
the expense of such association, shall make such examina- 
tion of its assets, liabilities and affairs as said board may 
deem advisable in order to determine the qualifications of 
such association for doing the business of a co-operative 
bank. 

If, after such examination, said board finds that the per- 
centage that the total reserves of such association bears to 
its total assets is at least equal to the average percentage 
that the total reserves of all co-operative banks established 
under this chapter, including their guaranty funds and sur- 
plus accounts, bears to their total assets, said board may 
approve such application; but if said percentage of reserves 
of such association is below such average it shall reject such 
application, provided, that if such association shall comply 
with such conditions as said board determines, within such 
time as it specifies, it may thereafter approve such application 
and plan for conversion, as amended. In its approval, said 
board also may make provision for such association to carry, 



Acts, 1950. — Chap. 371. 261 

for a sufficient period to permit their orderly liquidation or 
transfer into (jualified assets and liabilities, assets and lia- 
bilities that are not legally proper for co-operative banks 
under this chapter. It may also approve the retention by 
such association of its interest, if any, in any employees' re- 
tirement associations or funds. 

If such application is approved by said board as above 
provided, such association shall cause to be filed with the 
commissioner of corporations and taxation the name, resi- 
dence and post office address of each of the officers and di- 
rectors of such association, a cop}^ of its proposed by-laws 
amended to conform with the requirements of section six, 
and such other information as said commissioner may re- 
quire. 

After approval of such conversion by said board, and re- 
ceipt by it of satisfactory evidence that all provisions of fed- 
eral laws and regulations relative to such conversion have 
been or will be duly complied with, the said board shall 
cause to be filed with the commissioner of corporations and 
taxation a certificate of its approval. After receipt of such 
certificate by said commissioner of corporations and taxa- 
tion, if he finds that the requirements of this section have 
been satisfactorily complied with, he shall so certify and 
notify the state secretary who, upon receipt of five dollars, 
shall issue to said officers and directors in such form as he 
may prescribe, a certificate of incorporation as a co-operative 
bank. 

Simultaneously with the receipt of such certificate such 
bank, hereinafter referred to as the succeeding corporation, 
shall become a member of The Co-operative Central Bank, 
hereinafter called the central bank, and of the share insur- 
ance fund thereof, referred to in section forty-nine. Before 
such succeeding corporation shall commence business as a 
co-operative bank, it shall pay into the reserve fund, referred 
to in said section forty-nine, of the central bank, an amount 
equal to the deposit required of a member bank thereof of 
similar size, as of the date of said certificate, plus such addi- 
tional amount based upon the surplus of said reserve fund, 
as the directors of the central bank, with the approval of 
the commissioner, shall determine to be equitable. 

In addition to the payment to said reserve fund, the suc- 
ceeding corporation shall pay to said share insurance fund 
or make provision for payment thereto of a sum based upon 
the relation which the total amount of all assessments, re- 
ferred to in section one of chapter seventy-three, paid into 
said share insurance fund by all member banks, exclusive of 
annual assessments, plus the amount of the earned surplus 
account of said fund, less all losses and expenses incurred by 
said fund with respect to co-operative banks which it has 
assisted or liquidated, bears to the insured liabilities of all 
member banks; provided, that such payment shall be not 
less than the sum of six times the average applicable annual 
assessments paid by member banks during the preceding five 



262 Acts, 1950. — Chap. 371. 

years; and provided, further, that the succeeding corpora- 
tion shall pay to said share insurance fund such proportion 
of the current annual assessment as shall have accrued to 
the date of said certificate. 

After compliance with the foregoing requirements, the suc- 
ceeding corporation shall thereafter be entitled to exercise 
all of the rights and privileges, and shall be subject to all of 
the duties and obligations of a co-operative bank and shall 
conduct its business subject to the provisions of this chapter 
and of other applicable laws; provided that, with the ap- 
proval of the commissioner, the succeeding corporation shall 
have reasonable time after the effective date of the conversion 
within which to comply with any particular pro\isions of 
such laws not hereinbefore specificallj^ provided for and which 
it shall be unable to comply with on or before said date. 

EMPLOYEES RETIREMENT ASSOCIATION. 

Membership; Contributions; Pensions; Annuities. 

Section 51 . Fifteen or more co-operative banks may form 
the Co-operative Banks Employees Retirement Association, 
in this section and in sections fifty-two and fifty-three called 
the association, for the purpose of providing pensions for 
eligible employees of the participating banks who retire on 
account of age or disability. 

All co-operative banks established under the laws of the 
commonwealth, the Co-operative Bank League of Massa- 
chusetts, The Co-operative Central Bank, and such of their 
respective employees as msiy be provided by the by-laws of 
the association shall be eligible for membership in the asso- 
ciation. For the purposes of this section and sections fifty- 
two and fifty-three a reference to "bank" or "banks" shall, 
unless the context otherwise requires, mean and include any 
or all of the organizations named in this paragraph, and a 
reference to "board of directors" of a bank shall also, unless 
the context otherwise requires, mean and include the govern- 
ing body of each of such organizations. 

Eligible employees may contribute a portion of their 
salaries or wages, to be deducted by the employing banks 
and paid to the association. A participating bank may 
contribute to the funds of the association to the extent de- 
termined by its board of directors, but its contributions for 
future service, as defined in the by-laws, on account of any 
employee shall not exceed such employee's contributions or 
five per cent of his wages or salary, whichever is less. A 
participating bank may also contribute for past service, as 
defined in the by-laws, amounts necessary to provide eligible 
employees with a pension or annuity to begin at age sixty- 
five or later, such pension or annuity not to exceed one and 
one half per cent of the average salary for the five years 
preceding the date such bank joins the association for each 
year, but not exceeding twenty-five years, of continuous em- 
ployment between age thirty and the date of such joining. 



Acts, 1950. — Chap. 371. 263 

In the event that any employee who has been continu- 
ously in the employ of such a bank for ten years or more be- 
comes incapacitated for further service by reason of physical 
or mental disability before age sixty-five, the employing 
bank may pay him a pension in an amount not to exceed one 
and one half per cent of the average salary for the five years 
preceding the date of retirement for each year, not exceeding 
twenty-five years, of continuous service. Any pension paid 
on account of disability may be discontinued at any time by 
the board of directors of the employing bank, and shall be 
discontinued when any such pensioner substantially recovers 
his earning capacity. 

The funds contributed by participating banks and member 
employees shall be held or used by the trustees of the asso- 
ciation for the purchase of annuities or payment of pensions 
to eligible employees upon their retirement from service, 
for the payments to beneficiaries or representatives of any 
member employee of the participating bank dying before 
reaching the age of retirement, and for the payment to 
any such employee retiring from service before becoming 
entitled to a pension or annuity. Expenses necessary for the 
administration of the association shall be paid by participat- 
ing banks, on a proportionate basis as provided in the by-laws. 

No annuity or pension provided by contributions from a 
participating bank for the benefit of any employee on ac- 
count of past service shall exceed thirty-five hundred dollars 
yearly. No annuity or pension provided by contributions 
from a participating bank for the benefit of any employee 
on account of past and future service shall exceed one half 
of the average salary of the employee for the five years 
preceding the date of retirement. 

By-Laws; Organization; Annual Report; Exemptions. 

Section 52. The by-laws of the association shall be ap- 
proved by the commissioner and shall prescribe the manner 
in which, and the officers and agents by whom, the associa- 
tion may be conducted and the manner in which its funds 
may be invested and paid out. Such association shall be 
formed when its by-laws have been approved and agreed to 
by a majority of the directors of each of fifteen or more 
co-operative banks, and have been approved by the com- 
missioner. Such association shall annually, on or before 
December first, report to the commissioner such statements 
of its membership and financial transactions for the year 
ending on the preceding October thirty-first as the commis- 
sioner may consider necessary to show its business and stand- 
ing. The commissioner may verify such statement by an 
examination of the books and papers of the association. 

The association shall not be subject to chapter thirty-two 
or chapter one hundred and seventy-five or to such other 
provisions of law as relate to insurance companies or other 
retirement associations. 



264 Acts, 1950. — Chap. 371. 

Exemption from Taxation, Insolvency Laws and Process; 

Assignments. 

Section 53. The property of the association, the portion 
of the wages or salary of any employee deducted or to be 
deducted under, or under authority of, sections fifty-one and 
fifty-two, the right of an employee to an annuity or pension, 
and all his rights in the funds of the association, shall be ex- 
empt from taxation and from the operation of any law relat- 
ing to insolvency, and shall not be attached or taken on ex- 
ecution or other process to satisfy any debt or liability of the 
association, a participating bank, or any employee member 
of the association. No assignment of any right in or to said 
funds or of any pension or annuity payable under section 
fifty-one shall be valid, except that deferred annuity con- 
tracts purchased by a participating bank on account of past 
service of eligible employees may be assigned to such bank 
prior to actual retirement. 

Section 2, The corporate existence of all co-operative 
banks organized under the laws of the commonwealth and 
actually engaged in business therein immediately prior to the 
effective date of this act, shall continue in full force and effect. 

The rights of all parties incident to or arising out of con- 
tracts or obligations, to which any such corporation is a 
party, lawfully outstanding on said effective date, shall re- 
main unimpaired and shall continue to be exercisable and 
enforceable subject to applicable provisions of law; pro- 
vided, that any such contract or obligation, with the assent 
of all parties thereto, may be changed or reformed so as to 
conform with the pertinent provisions or requirements of 
chapter one hundred and seventy of the General Laws as 
amended by section one of this act. 

Any requirements or limitations imposed upon any such 
corporation, under section one of this act, in addition to, 
different from or in conflict with those contained in said 
chapter one hundred and seventy as in force immediately 
prior to said effective date, shall be complied with by it as 
soon thereafter as reasonably practicable. 

Section 3. Any reference in any general or special law 
to any section, part of a section or provisions of chapter one 
hundred and seventy of the General Laws which would be- 
come inaccurate because of any of the amendments made by 
and appearing in section one of this act, shall be deemed to 
apply to the pertinent section, part of a section or provisions 
of said chapter one hundred and seventy, as so amended. 

Section 4. If any section, part of a section or provision 
of this act is held unconstitutional or invalid, the remainder 
of the act shall not be affected thereby. 

Approved April 24, 1950. 



Acts, 1950. — Chaps. 372, 373, 374. 265 



An Act providing that no license to sell liquor in Qhav 372 

CONNECTION WITH THE CONDUCT OF A RESTAURANT SHALL ^' 

BE RENEWED EXCEPT UNDER CERTAIN CONDITIONS. 

Be it enacted, etc., as follows: 

Chapter 138 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 12 the following section: — Section § i2a, addecir 
'12A. No license issued under section twelve to conduct a Liquor license 
restaurant shall be renewed unless and until the holder [aLrre^guf"ted. 
thereof shall satisfy the licensing authority that he is in good 
faith operating a restaurant and that such restaurant is pro- 
vided with proper equipment for the service of food to 
travelers and strangers. The licensing authority may at any 
time make investigation on its own initiative as to the com- 
pliance with license requirements. 

Approved April £4, 1950. 



An Act authorizing the town of provincetown to 

REFUND certain INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1. The town of Provincetown is hereby au- 
thorized to refund or extend, from time to time, for a period 
not extending beyond May first, nineteen hundred and 
fifty-one, 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 commonwealth for airport purposes, under the provi- 
sions of section fifty-one K of chapter ninety 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 1950. 

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

Approved May 1, 1950. 

An Act extending the time within which the town 
OF middleborough 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 237 of the acts of 1948 
is hereby amended by striking out, in line 4, the word "five" 
and inserting in place thereof the word: — ten, — and by 
striking out, in line 6, the words "five hundred thousand" 
and inserting in place thereof the words : — one million, — 
so as to read as follows : — Section 1 . For the purpose of 
acquiring land for and constructing and originally equipping 
and furnishing a high school building, the town of Middle- 
borough may borrow, from time to time, within a period of 
ten years from the passage of this act, such sums of money 
as may be necessary, not exceeding, in the aggregate, one 



Chap.37S 



Chap.S74: 



266 Acts, 1950. — Chaps. 375, 376. 

million dollars, and may issue bonds or notes therefor which 
shall bear on their face the words, Middleborough School 
Loan, Act of 1948. Each authorized issue shall constitute a 
separate loan, and such loans shall be paid in not more than 
twenty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory limit but 
shall, except as provided herein, be subject to chapter forty- 
four of the General Laws, exclusive of the limitation con- 
tained in the first paragraph of section seven thereof. 

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

Approved May 2, 1950. 

Chav.375 An Act relative to the salary of the mayor of the 

CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Fall River shall 
receive for his services such salary as the city council shall 
by ordinance determine, not exceeding eight thousand dollars 
per annum, notwithstanding the provisions of section 
fifty-one of chapter forty-three of the General Laws. 

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

Approved May 2, 1950. 

ChaV.S7Q ^ -^^'^ RELATIVE TO THE ESTABLISHMENT OF THE SENIORITY 
DATE IN CONNECTION WITH POSITIONS BROUGHT UNDER 
CIVIL SERVICE. 

Be it enacted, etc., as follows: 

EdV'3i^^("47A Section 1. Section 47 A of chapter 31 of the General 
etc, 'amended. ' Laws, as most Teccutly amended by chapter 278 of the acts 
of 1948, is hereby further amended by adding at the end 
the following paragraph : — 
S^ratrnirand"^ Where a permanent officer or employee had formerly 
seniority date, occupicd in the samc department a non-civil service position 
which is subsequently brought under civil service by statute, 
or by rule, or by acceptance of provisions of this chapter or 
any other statute by a city or town, the seniority date of 
such officer or employee shall be the earliest date of con- 
tinuous employment which has not been interrupted by an 
absence from the pay roll. However, when an incumbent 
acquires or has acquired by statute permanent civil service 
status in an office or position which previous to the effective 
date of such act had been placed within the official or labor 
service by the provisions of this chapter or by any other 
statute, or by rule, or by acceptance of provisions of this 
chapter or any other statute by a city or town, the seniority 
date of such incumbent shall be the effective date of such 
statute, unless otherwise specifically provided therein. 
Section 2. This act shall take effect upon its passage. 

Approved May 2, 1950. 



Acts, 1950. — Chaps. 377, 378, 379. 267 

An Act relative to the salary of the chairman of the Qjidj) ^^7 

BOARD OF REAL ESTATE COMMISSIONERS OF THE CITY OF 
BOSTON, 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 434 of the acts of 1943 
is hereby amended by striking out the fifth sentence and 
inserting in place thereof the following sentence : — The 
chairman shall receive as compensation such sum, not ex- 
ceeding seventy-five hundred dollars per annum, as may be 
fixed by the mayor. 

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

Approved May 2, 1950. 

An Act authorizing the town of fairhaven to borrow CJiQjy 37Q 

MONEY FOR SEWER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing new sewerage 
works, the to"WTi of Fairhaven 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 
therefor, which shall bear on their face the words, Fairhaven 
Sewer Loan, Act of 1950. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be paid in not 
more than thirty years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit, but shall, except as 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 2, 1950. 



An Act relative to the retirement rights of certain 
employees of the city of peabody. 

Be it enacted, etc., as follows: 

Section 1. Any provision of general or special law to the 
contrary notwithstanding, the following employees of the 
city of Peabody, namely: Thomas Ryan, Wilham Atkinson, 
James J. Roberts, and Roger Smith shall be ehgible to the 
benefits provided in section seventy-seven of chapter thirl y- 
two of the General Laws; and Ralph Basford, Philip 
Doherty, William Lucey, James J. Brennan, Frank Gallant 
and Thomas Smith shall become members of the city of 
Peabody contributory retirement system, and shall be 
allowed as creditable service without make-up payment of 
regular deductions and interest, all service rendered to the 
city prior to the effective date of this act, and regular deduc- 



Chap.S79 



268 Acts, 1950. — Chaps. 380, 381, 382. 

tions shall be made from their regular compensation from 
and after such effective date. 

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

Approved May 2, 1950. 

Chap. ZSO A-N Act authorizlng the town of fairhaven to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to the Oxford school, the East Fairhaven school and the 
Rogers school, and originally equipping and furnishing said 
additions, the town of Fairhaven 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 thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face the 
words, Fairhaven School Additions Loan, Act of 1950. 
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 
paragraph of section seven thereof. 

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

Approved May 2, 1950. 

Chap. 3S1 An Act reviving hearthside associates incorporated. 

^r^ambiT^ Whevcas, The deferred operation of this act would delay 

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

Be it enacted, etc., as follows: 

Hearthside Associates Incorporated, a corporation dis- 
solved on December sixteenth, nineteen hundred and forty- 
two by the supreme judicial court for Suffolk county, is 
hereby revived and continued for a period of six months for 
the sole purpose of conveying and transferring certain prop- 
erty of the corporation. Approved May 2, 1950. 

Chap. SS2 An Act authorizing the city of boston to reimburse 
certain employees for loss resulting from a cer- 
tain theft. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the city of Boston, acting by and through its board of 
library trustees, may pay to every person in the employ of 
its library department who, by reason of the theft of a safe 
on December twenty-second, nineteen hundred and forty- 



Acts, 1950. — Chaps. 383, 384. 269 

nine, from the central library in said city, failed to come into 
personal possession of the salarj'' or wages payable to him by 
said city on such date, a sum of money equal to the amount 
of such salary or wages; provided, however, that under this 
act said city shall not pay more than eleven hundred and 
fifty-five dollars and twenty-one cents in the aggregate. 

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 May 2, 1950. 



An Act authorizing the city of quincy to purchase 
for public use land now owned by the quincy hous- 
ing authority. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to 
purchase for the use in part by the school department, for 
the use in part by said city for recreational and playground 
purposes, and for the use in part by said city for cemetery 
purposes, land now owTied by the Quincy Housing Authority, 
for a consideration and upon terms satisfactory to the city 
council of said city, which lands are situated in said Quincy 
and more particularly designated on a plan known as Sailors' 
Snug Harbor, dated April 18, 1948, revised October 30, 
1948, on file in the office of the Quincy Housing Authority, 
and containing about 14.51 acres. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the vote of the city council of said city of 
Quincy, subject to the provisions of its charter, but not 
otherwise. Approved May 2, 1950. 

An Act authorizing the wardens and vestry of the 
parish of the church of the atonement of west- 
field to hold additional property. 

Be it enacted, etc., as follows: 

Chapter 85 of the acts of 1928 is hereby amended by 
striking out, in line 7, the words "three hundred" and 
inserting in place thereof the words: — seven hundred and 
fifty, — so as to read as follows: — The wardens and vestry 
of the parish of the Church of the Atonement of Westfield, a 
corporation under sections one and two of chapter sixty- 
eight of the General Laws, is hereby authorized to receive 
and hold, absolutely and in trust, real and personal property, 
exclusive of any parsonage land granted to or for the use of 
the ministry of said church, to an amount not exceeding 
seven hundred and fifty thousand dollars. 

Approved May 2, 1950. 



Chap.SSS 



C/iap.384 



270 



Acts, 1950. — Chaps. 385, 386, 387. 



Chap. S85 An Act relative to the posting of certain lists of civil 

SERVICE EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 15C of chapter 31 of the General Laws, as amended 
by chapter 53 of the acts of 1946, is hereby further amended 
by inserting after the first paragraph the following para- 
graph : — 

Every such appointing officer shall cause a copy of such list 
signed by him to be posted forthwith in a prominent place 
in the department for inspection during the year by the labor 
group. Approved May 2, 1950. 



G. L. (Ter. 
Ed.), 31. § 150, 
etc., amended. 



Posting of 
lists. 



G. L. (Ter. 
Ed.), 121, 
§ 26NN, etc., 
amended. 

Certain pref- 
erences in sales 
of houses built 
under veterans 
housing law. 



C/iap. 386 An Act to provide certain preferences in the sale 
OF residences constructed under the provisions of 
the veterans housing act. 

Be it enacted, etc., as follows: 

Section 26NN of chapter 121 of the General Laws is hereby 
amended by inserting after subdivision (d), inserted by sec- 
tion 1 of chapter 682 of the acts of 1949, the following: — 

(e) Any type of housing including one, two and three 
family dwellings may be constructed under this section not- 
withstanding the provision that each project shall conform 
as nearly as possible, to the existing published requirements 
of the federal government for low rent or other housing proj- 
ects. In offering residences for sale constructed under this 
section preference to potential buyers shall be given when- 
ever reasonably possible as follows: — (1) veteran tenants 
of such residences; (2) all other World War II veterans 
as defined by section twenty-six J; (3) surviving widows 
and mothers of said veterans of World War II; (4) all other 
United States war veterans and their surviving widow or 
mother as long as the veteran was discharged from United 
States military service under conditions other than dis- 
honorable; (5) all other resident citizens of the city or town 
in which the said residences are located ; (6) all other citizens 
of the commonwealth of Massachusetts; (7) an urban re- 
development corporation; and (8) all others. 

Approved May 2, 1950. 

Chap.S87 An Act relative to suits in equity to compel the re- 
delivery OF goods or chattels taken or detained 

FROM THE owner. 

Be it enacted, etc., as follows: 

Section 3 of chapter 214 of the General Laws is hereby 
amended by striking out clause (1), as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following: — 

(1) Suits to compel the re-delivery of goods or chattels 
taken or detained from the owner. 

Approved May 2, 1950. 



G. L. (Ter. 
Ed.), 214, § 3, 
amended. 



Re-delivery, 

etc. 



Acts, 1950. — Chap. 388. 271 



Chap.SSS 



An Act relative to the tenure of office of city and 

TOWN clerks. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by in- g. l. (Ter. 
serting after section 19A, inserted by section 1 of chapter 70 §§'i9B^io"'i9E, 
of the acts of 1933, the following four sections : — Section 19B. inserted. 
Every city or town clerk under age seventy duly elected or ufo"r^ldTo"r 
appointed, except a temporary clerk, who has served therein clerks of cer- 
continuously not less than five years, shall, notwithstanding and towrfs. 
any contrary provision of general or special laws, hold office 
during good behavior until he has attained age seventy in any 
city or to^\^l in which this section is accepted as hereinafter 
provided, but subject, however, to retirement under the pro- 
visions of any applicable general or special law relative to 
retirement systems. 

Section 19C. In cities, and in any town using official bal- Question to 
lots, acceptance of the provisions of section nineteen B shall ballot, etc.. 
be by vote in answer to a question placed on the official bal- ^°^"'' 
lot at a regular city or town election as hereinafter provided ; 
and in to^vns not using official ballots at town elections, such 
acceptance shall be by vote at an annual town meeting. 

If there is filed with the clerk of a city or town a petition 
requesting the acceptance of the provisions of section nine- 
teen B containing the signatures of not less than five thousand 
registered voters or of five per cent of the registered voters 
of such city or to^^^l, whichever is the lesser number, such 
question shall be submitted for acceptance to the registered 
voters at the next regular annual or biennial city election or 
the next annual town election or annual town meeting, as 
the case may be, which occurs more than sixty days after the 
filing of such petition. 

All such petitions shall bear the endorsement thereon of 
the names and addresses of three registered voters designated 
as filing the same. The provisions of law relative to the 
signing of nomination papers of candidates for elective office 
and to the identification and certification of names thereon, 
submission to the registrars therefor and filing objections 
thereto shall apply, so far as apt, to petitions filed under 
this section. The registrars of voters shall within five days 
after such submission ascertain by what number of registered 
voters such petition has been signed, and shall make and 
certify a statement of their determination in detail, setting 
forth such number and whether or not the same has been 
signed by the number of registered voters herein required, 
and shall attach such statement to said petition. 

If such petition bears the signatures of registered voters 
in the number herein required, as shown by the statement 
of the registrars of voters, and has been filed seasonably with 
the city clerk or with the town clerk of any town using offi- 
cial ballots, and the said clerk finds the same to be in order, 
he shall cause the following question to be printed on the 



272 



Acts, 1950. — Chap. 388. 



Incumbent 
not to be re- 
moved without 
hearing. 



Tenure not to 
extend beyond 
incumbent. 



YKS. 1 


NO. 1 



official ballot to be used for the election of city or town 
ofiicers, at such regular city or town election, as the case may 
be: — "Shall the (city) (town) vote to accept the provisions 
of section nineteen B of chapter forty-one of the General 
Laws and thereby provide permanent tenure 
for (name of incumbent), the present incum- 
bent in the office of (city) (town) clerk? If a 
majority of the votes in answer to said question is in the 
affirmative and the incumbent's term is a continuing one or 
if the incumbent's term is expiring and he was re-elected, 
then said section shall thereupon take full effect in said city 
or town, but not otherwise. 

Section 19D. After the acceptance of the provisions of 
section nineteen B in any city or town, the incumbent city 
or town clerk shall not be removed from office, lowered in 
rank, or suspended, except for just cause, and for reasons 
specifically given him in writing by the city council or board 
of aldermen or other appointing authority as the case may 
be, in the case of cities, or by the board of selectmen in the 
case of towns. Before any action affecting employment is 
taken, the said clerk shall be given a full hearing before the 
appropriate board as referred to in the preceding sentence, 
of which hearing he shall have at least five days' written 
notice, exclusive of Sundays and holidays, from said appro- 
priate board, and he shall be allowed to answer charges pre- 
ferred against him either personally or by counsel. He shall 
be notified in writing within three days after the hearing of 
the decision of said board, stating fully and specifically the 
reasons for removal or suspension. 

Within thirty days after the date of the decision of said 
board following a hearing as set forth in the preceding para- 
graph, any city or town clerk who was removed, lowered in 
rank, or suspended, may bring a petition in the district court 
within the judicial district in which such clerk resides, pray- 
ing that the action of said board in removing, lowering him 
in rank, or suspending him, as the case may be, may be re- 
viewed by the court, and, after such notice in writing to the 
board which has ordered such removal, lowering in rank, or 
suspension, as the court deems necessary, it shall hear wit- 
nesses, review such action and determine whether or not 
upon all the evidence such action was justified. If the court 
finds that such action was justified, the action of the said city 
council, board of aldermen or board of selectmen, as the case 
may be, shall be affirmed; otherwise, it shall be reversed and 
the petitioner shall be reinstated in his office without loss of 
compensation. 

Section 19E. In any city or town in which the clerk has 
been given permanent tenure by the acceptance of the pro- 
visions of section nineteen B, such tenure in office shall be 
effective only during the incumbency of the person who held 
such office at the time said section was accepted and it shall 
not extend to his successor in office. Whenever any va- 
cancy shall occur in the office of city or town clerk in any 



Acts, 1950. — Chaps. 389, 390. 273 

city or town by reason of the death, retirement, resignation, 
attaining age seventy or removal of an incumbent who had 
been given such tenure, his successor, in the case of cities, 
shall be appointed, or elected as provided by the charter of 
such city or by the applicable provisions of any general or 
special law in effect at the time such vacancy occurs; and, in 
the case of towns, his successor shall be elected in accordance 
with the provisions of section one of chapter forty-one of the 
General Laws. Whenever such vacancy occurs in the office 
of clerk in any towTi, or in any city in which it is provided by 
law or by its charter that the city clerk shall be elected by 
popular vote at a regular election, a temporary clerk may 
be appointed as provided by section fourteen of said chapter 
forty-one to serve until the qualification of such duly elected 
city or town clerk as shall be elected at the next regular an- 
nual or biennial election at which such officer shall be 
elected. 

Nothing herein contained, however, shall be construed to 
prohibit any successor in such office of city or town clerk 
from obtaining tenure after serving continuously not less 
than five years by the filing of another petition requesting 
acceptance of section nineteen B and its acceptance by the 
registered voters as set forth in section nineteen C. 

Approved May 2, 1950. 

An Act reviving the bessarabian society of boston. (7/ia».389 

Be it enacted, etc., as follows: 

The Bessarabian Society Of Boston, a corporation dis- 
solved on March twenty-eighth, nineteen hundred and forty- 
one, is hereby revived, with the same powers, duties and 
obligations as if said corporation had not been dissolved. 

Approved May 2, 1950. 

An Act relative to the allowance of foreign wills. Qhav 390 

Be it enacted, etc., as follows: 

Section 9 of chapter 192 of the General Laws, as appearing g. l. (Xer. 
in the Tercentenary Edition, is hereby amended by inserting fmende^d." ^ ^' 
after the word "country", in line 10, the words: — together 
with an affidavit, in each case, by the petitioner or other 
person having knowledge of the facts, stating the names and 
residences of the known heirs and next of kin of the testator 
living at his death and their relationship to the testator, — 
so as to read as follows : — Section 9. A person interested f'olerT^tnJ 
in a will which has been proved and allowed in anj'- other of 
the United States or in a foreign country according to the 
laws of such state or country, or in a will which, by the laws 
of the state or country in which it was made, is valid without 
probate, may produce to the probate court in any county 
where there is any property, real or personal, on which 
such will may operate, a copy of such will and of the probate 
thereof, duly authenticated, or, if such will is valid without 



274 



Acts, 1950. — Chap. 391. 



probate as aforesaid, a copy of the will or of the official 
record thereof duly authenticated by the proper officer having 
custody of such will or record in such state or country to- 
gether with an affidavit, in each case, by the petitioner or 
other person having knowledge of the facts, stating the names 
and residences of the known heirs and next of kin of the 
testator living at his death and their relationship to the 
testator; and the court shall thereupon assign a time and 
place for a hearing and cause notice thereof to be given to 
all persons interested by publication in a newspaper three 
weeks successively, the first publication to be thirty days 
at least before the time assigned for the hearing. 

Approved May 2, 1950. 



G. L. (Ter. 
Ed.), 228, § 5, 
etc., amended. 



Superior court 
to have juris- 
diction in 
equity in suits 
relative to 
citation of 
executors, etc. 



C/iap. 391 An Act granting the superior court jurisdiction in 

EQUITY in suits RELATIVE TO THE CITATION OF EXECUTORS 
AND ADMINISTRATORS OF DECEASED DEFENDANTS IN 
PERSONAL ACTIONS THE CAUSE OF WHICH SURVIVES. 

Be it enacted, etc., as follows: 

Section 5 of chapter 228 of the General Laws, as most 
recently amended by section 1 of chapter 406 of the acts of 
1937, is hereby further amended by inserting after the word 
"judicial", in line 6, the words: — or superior, — and by 
striking out, in line 26, the word "said" and inserting in 
place thereof the word: — the, — so as to read as follows: — 
Section 5. Such citation shall be returnable at such time 
as the court may order and shall be served fourteen days 
at least before the return day; but it shall not issue after 
the expiration of one year from the time such executor or 
administrator has given bond, except that if the supreme 
judicial or superior court, upon a bill in equity filed by a 
plaintiff or former plaintiff in a personal action the cause 
of which survives and who had a right to take out such a 
citation against the executor or administrator of a sole 
defendant but who did not do so within the time limited in 
this section, deems that justice and equity require it and 
that such party is not chargeable with culpable neglect in 
not taking out such citation within the time so limited, it 
may order such executor or administrator to appear in that 
action and defend the same and may order that any finding, 
verdict, order, judgment or other act therein entered or done, 
which otherwise would prevent the prosecution of the cause 
to determination on its merits, be vacated, and upon the 
filing therein of a copy of the decree ordering the vacation 
thereof such finding, verdict, order, judgment or other 
act shall stand vacated, and it may make further orders, 
all so that said action may proceed to final determination 
on its merits as though such executor or administrator had 
been cited in within the time limited by this section. If 
at the hearing of such a bill in equity it shall be made to 
appear to the court that the legal representative of the 
deceased person within nine months of his appointment 



Acts, 1950. — Chaps. 392, 393. 275 

failed to notify in writing the petitioner of such death and 
failed wnthin said nine months duly to suggest such death 
in such action, such facts may be sufficient ground for grant- 
ing the relief herein authorized. Neither such relief nor the 
final determination of such action shall affect any payment 
or distribution not concerned with said action which was 
made before the filing of such bill in equity. 

Approved May 2, 1950. 



C/mp.392 



An Act authorizing the issuance of annual or blanket 
accident or health insurance policies to volunteer 
fire departments. 

Be it enacted, etc., as follows: 

Section 110 of chapter 175 of the General Laws, as most g. l. (Ter. 
recently amended by section 3 of chapter 676 of the acts of §^ii^6/Jtc'., 
1949, is hereby further amended by inserting after the word amended. 
"department", in line 8, the words: — or volunteer fire 
department. Approved May 2, 1950. 



Chap.SdS 



An Act making certain provisions of law relating to 

DISPOSITION OF bonds OF GAS AND ELECTRIC COMPANIES 
APPLICABLE TO ALL LONG-TERM NOTES, DEBENTURES OR 
OTHER EVIDENCES OF INDEBTEDNESS ISSUED BY SUCH 
COMPANIES. 

Be it enacted, etc., as follows: 

Chapter 164 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 15, as appearing in the Tercentenary amended^.' ^ 
Edition, and inserting in place thereof the following sec- 
tion: — Section 15. A gas or electric company, under the Disposition 
supervision of the department, selling, offering for sale, or ClnuIJ-es! ttc. 
issuing under sections thirteen and fourteen bonds, deben- 
tures, notes or other evidences of indebtedness, exclusive of 
stock, payable at periods of more than five years after the 
date thereof, shall invite proposals for the purchase thereof 
by advertisements in two or more newspapers published in 
the city or town where it is situated, if there be such, and 
in two or more newspapers published in Boston. It may, 
however, reserve the right to reject any and all bids. It need 
not invite such proposals with respect to an issue of bonds, 
debentures, notes or other evidences of indebtedness not 
exceeding one million dollars in face amount. The depart- 
ment may grant an exemption from part or all of the require- 
ments of this section whenever it finds after a public hearing 
that the granting of such exemption is in the public interest. 
If no such proposal is accepted, it may sell the whole or any 
part of said bonds, debentures, notes or other evidences of 
indebtedness to any person or corporation in such manner, 
at such times, and upon such terms, but in no case at less 
than the par value or face amount thereof to be actually 
paid in cash, as its directors shall determine. 

Approved May 2, 1950. 



15, 



276 



Acts, 1950. — Chaps. 394, 395, 396. 



G. L. (Ter. 
Ed.), 176B, 
§ 10, etc., 
amended. 

Investment of 
funds of cor- 
poration, 
regulated. 



C/ictp. 394 An Act relative to the investmeint of the funds of 

MEDICAL SERVICE CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 176B of the General Laws is hereby 
amended by striking out section 10, as appearing in chapter 
306 of the acts of 1941, and inserting in place thereof the 
following section: — Section 10. The funds of a medical 
service corporation shall be invested only in such securities 
as are permitted by chapter one hundred and seventy-five 
for the investment of the capital of insurance companies or 
in the purchase of share accounts of a federal savings and 
loan association located in the commonwealth in an amount 
not in excess of ten per cent of the combined surplus and 
contingent surplus, or it may deposit the whole or any por- 
tion of its funds in any savings bank or savings department 
of a trust company organized under the laws of the common- 
wealth or a national banking association. It shall have the 
right to acquire and own real estate to be occupied by itself 
in the transaction of its business. The commissioner may 
require any such corporation after the first full calendar year 
of doing business to accumulate and maintain a special con- 
tingent surplus, over and above its reserves and liabilities, in 
such amount as the commissioner may deem proper. 

Section 2. Chapter 176C of the General Laws is hereby 
amended by striking out section 11, as appearing in chapter 
334 of the acts of 1941, and inserting in place thereof the 
following section: — Section 11. The funds of any corpora- 
tion subject to this chapter shall be kept only in banks in 
which funds of the commonwealth are authorized to be de- 
posited, or by investing in share accounts of federal savings 
and loan associations located in this commonwealth in ac- 
cordance with the authority and limitations specified in sec- 
tion ten of chapter one hundred and seventy-six B. 

Approved May 2, 1950. 



G. L. (Ter. 
Ed.), 176C, 
§ 11. etc., 
amended. 

Keeping of 
funds of 
corporation, 
regulated. 



Chap. 395 An Act repealing certain provisions of law relative 

TO THE EARNINGS OF RETIRED POLICE OFFICERS AND FIRE- 
MEN WHILE ENGAGED IN GAINFUL OCCUPATIONS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scction 86 of chapter 32 of the General Laws, as most re- 

etc!, 'repealed.' ccntly amended by chapter 562 of the acts of 1949, is hereby 
repealed. Approved May 2, 1950. 



Chap.SQQ An Act relative to the contents of the annual state- 
ments REQUIRED TO BE FILED BY INSURANCE COMPANIES 
WITH THE COMMISSIONER OF INSURANCE. 

Be it enacted, etc., as follows: 

EdY iTs'i 25 Section 1. Section 25 of chapter 175 of the General Laws 
ameAded.' ' is hereby amended by striking out the first paragraph, as 



Acts, 1950. — Chap. 397. 277 

appearing in the Tercentenary Edition, and inserting in 
place thereof the following: — Every company shall annually, Annual 
on or before March first, file with the commissioner a state- ^ ^ ''"^° ' 
ment showing its financial condition on December thirty-first 
of the previous year, and its business of that year. The com- 
missioner may, for cause shown, extend the filing date of 
the annual statement, or of schedules or exhibits which are a 
part of such statement or which are required by the commis- 
sioner, for not more than sixty days beyond March first in 
said year. But a life company shall not be required to file 
that part of its annual statement known as the gain and 
loss exhibit until May first following. The commissioner 
may, for cause shown, extend the filing date of said gain and 
loss exhibit for not more than sixty days beyond May first 
in said year. 

Section 2. The second paragraph of said section 25 of SN^iJ.'""^ ,5 
said chapter 175, as amended by chapter 159 of the acts of etc!, 'further ' 
1945, is hereby further amended by inserting after the first a™'^"^^"^- 
sentence the following sentence : — Such alternate form may same subject. 
be the latest applicable form of annual statement approved 
by the National Association of Insurance Commissioners 
appropriate to the several kinds of companies; provided, 
that in the opinion of the commissioner such alternate form 
includes at least the information required by this section. 

Approved May 2, 1950. 



Chap.S97 



An Act exempting school traffic supervisors and 
others who are not members of the regular police 
force, and who are doing intermittent police work 
protecting school children going to and from 
school, from the civil service laws and rules. 

Be it enacted, etc., as follows: 

Section 5 of chapter 31 of the General Laws, as amended, g l. (Ter. 
is hereby further amended by inserting after the word etc!, 'amended. 
"forty-nine", in line 28, as appearing in chapter 355 of the 
acts of 1945, the words: — ; school traffic supervisors, or 
persons not members of the regular police force who are 
doing only intermittent work protecting school children going 
to and from schools, — so as to read as follows : — Section 5. Certain officers 
No rule made by the commission shall apply to the selection cfvTservkr 
or appointment of any of the following : — '^'''^• 

Judicial officers; officers elected by the people or, except 
as otherwise expressly provided in this chapter, by a city 
council; officers whose appointment is subject to confirma- 
tion by the executive council; officers whose appointment is 
subject to confirmation by the city council of any city, except 
those expressly made subject to this chapter by section 
forty-seven C; officers whose appointment is subject to the 
approval of the governor and council; officers elected by 
either branch of the general court and the appointees of 
such officers; heads of principal departments of the com- 
monwealth or of a city except as otherwise provided by 



278 Acts, 1950. — Chaps. 398, 399. 

section four or as otherwise required by section forty-seven C ; 
directors of divisions authorized by law in the departments 
of the commonwealth, except those expressly made subject 
to this chapter; employees of the state treasurer appointed 
under section five of chapter ten, employees of the commis- 
sioner of banks, and of the treasurer and collector of taxes of 
any city; two employees of the city clerk of any city; the 
schoolhouse custodian of the city of Boston; public school 
teachers; secretaries and confidential stenographers of the 
governor, or of the mayor of any city; clerical employees in 
the registries of probate of all the counties; police and fire 
commissioners and chief marshals or chiefs of police and of 
fire departments, except as provided in section forty-nine; 
school traffic supervisors, or persons not members of the 
regular police force who are doing only intermittent work 
protecting school children going to and from schools; and 
such others as are by law exempt from the operation of this 
chapter. Approved May 2, 1950. 

Chap. 398 An Act relative to the indemnification in cities, ex- 
cept BOSTON, AND IN TOWNS OF POLICE OFFICERS, FIRE- 
MEN AND CERTAIN OTHERS FOR CERTAIN EXPENSES AND 
DAMAGES. 

Be it enacted, etc., as follows: 

Ed h ilr^' 100 Section 100 of chapter 41 of the General Laws, as amended, 
etc., 'amended. ' is hereby further amended by inserting after the second sen- 
tfo'lf Tlfficers tence the following sentence : — No authority relative to 
etc., for ' the determination of the amount to be paid to any fireman 
susTa^ied. Or member of the fire department or any police officer or 
person required to assist a police officer, or to the widow or 
dependents of any such fireman, member, officer or assistant, 
shall be exercised pursuant to the provisions of this section 
in the event that insurance providing indemnity for, or pro- 
tection to, such fireman, member, officer or assistant was in 
effect under authority of clause (1) of section five of chapter 
forty at the time when the expenses or damages for which 
indemnification is sought were sustained, unless and until all 
rights under such insurance in favor of said city or town or 
person entitled to indemnification shall have been exercised, 
determined and satisfied. Approved May 2, 1950. 

Chap.399 An Act for the purpose of providing further funds 

FOR the purchase OR LEASING OF VOTING MACHINES BY 
THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 10 of chapter 411 of the acts of 1943 is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following sentence: — For the purpose of 
providing funds for the purchase or lease of voting machines, 
for use at primaries and elections in the city of Boston, on 
orders of the board consisting of the election commissioners 



Acts, 1950. — Chaps. 400, 401. 279 

and the mayor of said city, as authorized under section one 
of chapter forty-three of the General Acts of nineteen hun- 
dred and sixteen, the treasurer of said city, without further 
authority' than that contained in this section, shall borrow 
from time to time, as ordered by said board, such sums as 
may be necessary, not exceeding, in the aggregate, two mil- 
lion dollars and may issue bonds or notes therefor, which 
shall bear on their face the words "City of Boston, Voting 
Machine Loan, Act of 1943". Approved May 2, 1950. 

An Act providing for the transportation of pupils C/iap. 400 
TO and from certain schools. 

Whereas, The deferred operation of this act would tend '^I^t^^^f^^ 
to defeat its purpose, which in part is to make the privileges 
provided thereby, in relation to the transportation of school 
pupils, effective without delay, therefore this act is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public health, safety and convenience. 

Be it enacted, etc., as follows: 

The first paragraph of section 1 of chapter 76 of the g. l. (Ter. 
General Laws is hereby amended by striking out the last amende^d.^ ^' 
sentence and inserting in place thereof the following : — For Transporta- 
the purposes of this section, school committees shall approve t'J'an'dnm'^ 
a private school only when the instruction in all the studies certain schools. 
required by law is in English, and when satisfied that such 
instruction equals in thoroughness and efficiency, and in the 
progress made therein, that in the public schools in the same 
town; but shall not withhold such approval on account of 
religious teaching, and, in order to protect children from the 
hazards of traffic and promote their safety, cities and towns 
may appropriate money for conveying pupils to and from 
any schools approved under this section. 

Pupils who, in the fulfillment of the compulsory attend- 
ance requirements of this section, attend private schools of 
elementary and high school grades so approved shall be en- 
titled to the same rights and privileges as to transportation 
to and from school as are provided by law for pupils of public 
schools and shall not be denied such transportation because 
their attendance is in a school which is conducted under re- 
ligious auspices or includes religious instruction in its cur- 
riculum. Approved May 4> 1950. 

An Act authorizing the town of Florida to borrow Chav.AQl 

MONEY for school PURPOSES. 

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 Florida 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, seventy thou- 
sand dollars, and may issue bonds or notes of the town 



280 Acts, 1950. — Chaps. 402, 403. 

therefor which shall bear on their face the words, Florida 
School Loan, Act of 1950. 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 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 1A. Action taken under authority of this act 
at the special 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. 

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

Approved May 8, 1950. 

ChapA02 -^N Act designating highway route 138 between the 

CITIES OF BOSTON AND FALL RIVER AS THE AMVETS ME- 
MORIAL HIGHWAY. 

Be it enacted, etc., as folloivs: 

Section 1. Highway Route 138 between the cities of 
Boston and Fall River, as relocated, shall be designated and 
known as the AMVETS Memorial Highway. The depart- 
ment of public works is hereby authorized and directed to 
erect along said highway suitable markers bearing said desig- 
nation. 

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

Approved May 8, 1950. 

Chav.403 ^^ ^^"^ increasing the salaries of the members and 
the secretary of the licensing board for the city 
of boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter 291 of the acts of 1906 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 229 of the acts of 1947, and inserting 
in place thereof the following section : — Section 2. The 
annual salary of the chairman of said board shall be eight 
thousand dollars, that of each of the other two members 
seven thousand five hundred dollars and that of the secre- 
tary seven thousand five hundred dollars. Such salaries 
shall be paid in monthly instalments by the city of Boston. 
Subject to the approval of the governor and council, said 
board may provide itself with rooms, convenient and suita- 
ble for the performance of its duties, the rent of which shall 
be paid by the city of Boston. Said rooms shall be suitably 
furnished and equipped, and the expense thereof shall be 
paid by said city upon requisition by said board. 

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

Approved May 8, 1950. 



Acts, 1950. — Chaps. 404, 405, 406. 281 



ChapA04: 



An Act designating the bridge on route 2 over the 
boston and maine railroad in the town of aver as 
the william v. iverson bridge. 

Be it enactedy etc., as follows: 

Section 1. The bridso on Route 2 over the Boston and 
Maine railroad tracks in the town of Ayer shall be known 
and designated as the William P. Iverson Bridge, and a 
suitable tablet bearing said designation shall be erected and 
maintained on said bridge by the state department of public 
works. 

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

Approved May 8, 1950. 

An Act designating the traffic circle on route 2 ChapA05 

IN the town of ayer as the FREDERICK C. CARLTON 
CIRCLE. 

Be it enacted, etc., as follows: 

Section 1. The traffic circle on Route 2 on the easterly 
side of the to^^^l of Ayer shall be known and designated as 
the Frederick C. Carlton Circle, and a suitable tablet and 
marker bearing said designation shall be erected and main- 
tained at said traffic circle by the state department of public 
works. 

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

Approved May 8, 1950. 

An Act authorizing the town of stoughton to borrow (7/iClZ>.406 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1 . For the purchase of land for school purposes 
and for the purpose of constructing and originally equipping 
and furnishing a school building or for an addition to a 
presently existing school building, the town of Stoughton 
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, Stoughton School 
Loan, Act of 1950. 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 May 8, 1950. 



282 Acts, 1950. — Chap. 407. 



ChapA07 An Act amending the law relative to the issue of 

BONDS OR NOTES BY THE METROPOLITAN TRANSIT AU- 
THORITY FOR THE PURPOSE OF ACQUIRING CARS, MOTOR 
BUSES AND TRACKLESS TROLLEY VEHICLES. 

Be it enacted, etc., as follows: 

Section 1. Section 22 of chapter 544 of the acts of 1947 
is hereby amended by striking out the first three sentences 
and inserting in place thereof the following: — For the 
purpose of obtaining funds to acquire cars, motor buses and 
trackless trolley vehicles, or of restoring to its treasury funds 
expended for such acquisition, the authority, from time to 
time, subject to the approval of the department of public 
utilities, may issue bonds or notes to the district, payable 
serially, in equal amounts or otherwise, in not more than the 
number of years constituting the estimated useful life of the 
cars, motor buses or trackless trolley vehicles acquired or to 
be acquired as determined by the trustees of the authority 
or in not more than thirty years from the date thereof, 
whichever is lesser, to a total principal amount outstanding 
at any one time of not exceeding ten million dollars. The 
trustees of the district, at the request of the trustees of the 
authority, shall purchase such bonds or notes of the au- 
thority. The trustees of the district shall procure the funds 
necessary for the purchases authorized by this section by 
the issue of bonds or notes of the district under and in the 
manner provided in section ten of chapter three hundred 
and eighty-three of the acts of nineteen hundred and twenty- 
nine and section two of chapter one hundred and forty-seven 
of the acts of nineteen hundred and thirty-two and the 
provisions of said sections shall apply thereto in the same 
manner and to the same extent as if such bonds or notes of 
the district were specifically authorized in said chapter 
three hundred and eighty-three; provided, that any bonds 
or notes of the district issued under authority of this section 
shall be for such terms not exceeding the number of years 
constituting the estimated useful life of the cars, motor 
buses or trackless trolley vehicles acquired or to be acquired 
as determined by the trustees of the authority or not ex- 
ceeding thirty years from the date thereof, whichever is 
lesser and shall bear interest payable semiannually at such 
rates as said trustees of the district, subject to approval of 
the department of public utilities, shall from time to time 
determine. 

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

Approved May 8, 1950. 



Acts, 1950. — Chap. 408. 283 



An Act ^'roviding for the validation of certain acts ChavAOS 

OF THE furnace VILLAGE WATER DISTRICT OF EASTON 
AND INCREASING THE AMOUNT OF MONEY WHICH SAID 
DISTRICT MAY BORROW. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 147 of the acts of 1931 
is hereby amended by striking out, in line 6, the word 
"seventy-five" and inserting in place thereof the words: — 
two hundred and fifty, — and by striking out the last 
sentence, — so as to read as follows: — Section 4- For the 
purpose of paying the necessary expenses and liabilities 
incurred for the system of water supply under the provisions 
of this act, other than expenses of maintenance and operation, 
the said district may borrow from time to time 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. 
Furnace Village Water District Loan, Act of 1931. 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. 

Section 2. Said chapter 147 is hereby further amended 
by striking out section 9 and inserting in place thereof the 
following section : — Section 9. Said district shall after the 
validation of this act as provided by section thirteen as 
amended by this act elect by ballot either at the same meeting 
at which this act is validated or at a special meeting there- 
after called for the purpose three persons 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 meeting thereafter one such commissioner shall be 
elected by ballot for the term of three j^ears. All the au- 
thority granted to said district by this act and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners who shall be subject however to such 
instructions as the district may by vote impose. Said com- 
missioners shall appoint a treasurer of said district who 
may be one of their number who shall give a surety company 
bond to said district in such an amount as may be approved 
by the commissioners. A majority of the 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 said district on 
account of the water works except upon a written order of 
said commissioners or a majority of them. 

Section 3. Said chapter 147 is hereby further amended 



284 Acts, 1950. — Chaps. 409, 410. 

by striking out section 13, as most recently amended by 
chapter 36 of the acts of 1936, and inserting in place thereof 
the following section: — Section IS. This act shall take 
full force and efTect upon validation by a two thirds vote 
of the voters of said district present and voting thereon at a 
district meeting duly called in accordance with the pro- 
visions of section eight, which two thirds vote shall specifi- 
cally validate the organization of said district as heretofore 
voted under article three of a warrant for a district meeting 
which was held April thirteenth, nineteen hundred and 
thirty-one. Upon the passage of such vote of validation 
the district shall be deemed to be legally organized and 
established, and said meeting may then proceed to act on 
the other articles in said warrant. 

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

Approved May 8, 1950. 

ChavA09 -^^ Act authorizing the county commissioners of Nor- 
folk COUNTY TO SELL CERTAIN UNITED STATES BONDS 
AND USE THE PROCEEDS THEREOF FOR CERTAIN PROJECTS. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Norfolk county 
are hereby authorized to sell or order sold certain United 
States bonds held by the county of Norfolk and may use so 
much of the proceeds of said sale as may be necessary to 
provide adequate accommodations and facilities at the Nor- 
folk county agricultural school at Walpole and the probata 
court and registry of deeds building at Dedham as provided 
by chapters eighty-five and eighty-six of the acts of nineteen 
hundred and forty-five. 

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

Approved May 8, 1950. 

Chap.AlO An Act providing for extensions of the boundaries of 

THE WARREN WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 390 of the acts of 1920 is hereby 
amended by inserting after section 13 the following section : 
— Section ISA. Upon a petition in writing addressed to said 
board of water commissioners requesting that certain real 
estate, accurately described therein, located in said town 
and abutting on said district and not otherwise served by a 
public water supply be included within the limits thereof, 
and signed by the owners of such real estate, or a major por- 
tion of such real estate, said water commissioners shall cause 
a duly warned meeting of the district to be called, at which 
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 



Acts, 1950. — Chaps. 411, 412. 285 

said petition and vote; and thereupon said real estate shall 
become and be part of the district and shall be holden under 
this act in the same manner and to the same extent as the 
real estate described in section one. 

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

Approved May 8, 1950. 

An Act authorizing the town of rehoboth to borrow Chap AW 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a school 
building, and for originally equipping and furnishing the said 
building, the to^^•n of Rehoboth 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 of the town therefor which shall bear 
on their face the words, Rehoboth School Building Loan, 
Act of 1950. 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 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 8, 1950. 

An Act relative to the indemnification by the city of fhnv 412 

BOSTON of members OF ITS POLICE AND FIRE FORCES AND ^' 

CERTAIN OTHERS FOR CERTAIN EXPENSES OR DAMAGES IN- 
CURRED BY THEM. 

Be it enacted, etc., as follows: 

Section 1. Section 100 of chapter 41 of the General Ed.t,'4?!lioo, 
Laws, as amended, is hereby further amended by striking out etc., 'amended. " 
the last sentence and inserting in place thereof the following 
sentence: — The city of Boston shall also indemnify a mem- indemnifica- 
ber of its police or fire force, or a person required to assist a Boston offileV" 
member of its police force in the discharge of his duties, to for damages 
the extent and in the manner herein provided, for expenses 
or damages incurred by him in the defence or settlement of 
a claim against him for acts done by him while acting as 
such member or assistant; but said city shall not indemnify 
under this section for expenses or damages incurred in the 
defence or settlement of any action or any claim unless the 
defence or settlement of such action or claim shall have been 
made by the corporation counsel of said city. 

Section 2. Sections 1 and 2 of chapter 324 of the acts of 
1933 are hereby repealed. 

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

Approved May 8, 1950. 



sustained, etc. 



286 Acts, 1950. — Chap. 413. 



ChapAlS An Act relative to the allowance of probate 

ACCOUNTS. 

Be it enacted, etc., as follows: 

Ed^'206''5 24, Chapter 206 of the General Laws is hereby amended by 
etc'ameAded. ' striking out section 24, as amended by section 1 of chapter 
154 of the acts of 1938, and inserting in place thereof the 
ofpr'obate following scction: — Section 2If. Upon application for the 
aocountB. allowance of an account filed in the probate court such notice 

as the court may order shall be given by publication, unless 
all persons interested receive actual notice, and by deliver- 
ing or mailing by registered mail a copy of the citation to 
the attorney general if there are public charitable interests, 
to the department of mental health and to the Veterans Ad- 
ministration if interested, and 

(1) For accounts of administrators of intestate estates 
to the heirs; 

(2) For accounts of executors and administrators with 
the will annexed to all legatees and devisees and to all 
other persons entitled to share in the estate whose inter- 
ests are not represented except by the accountant; 

(3) For accounts of guardians and conservators to the 
ward and to the persons who would be his heirs were he 
to die intestate at the time of the delivery or mailing of 
such notice; 

(4) For accounts of trustees to all persons to or for 
whom income has been paid or accumulated or in the dis- 
cretion of the trustee might have been paid or accumu- 
lated during the period covered by the account, and to 
those persons who during such period have received or 
were entitled to receive or in the discretion of the trustee 
might have received principal, and to all persons who at 
the mailing or delivery of such notice, in default of any 
appointment or otherwise, would be entitled to share in 
the income or principal if an existing tenancy for life or 
for years had then terminated or the trust estate were 
then distributable in whole or in part; 

(5) For accounts of special administrators or in other 
kinds of fiduciary accounts or where the court deems spe- 
cial circumstances exist to such persons as the court may 
direct; 

and in all cases to the executor or administrator of any de- 
ceased person entitled to notice or to those in being who have 
succeeded to the interest of such deceased person, and to 
other persons who are or may become interested and who shall 
have filed with the accountant and the register of probate 
a request in writing for notice of proceedings on accounts. 
The written assent to an account or the waiver in writing of 
notice thereof by a person interested or by his guardian or 
legal representative shall be deemed equivalent to notice. 

If there are other persons interested to whom such notice 
has not been given by delivery or registered mail, or if the 



Acts, 1950. — Chap. 414. 287 

interests of persons unborn, unascertained or legally incom- 
petent to act in their own behalf are not represented except 
by the accountant, the court shall appoint as guardian ad 
litem a competent and disinterested person to represent such 
interests and persons, and such guardian ad litem shall with- 
out further notice or action by the court also represent with 
respect to such account all interested persons who may be 
born after the date of his appointment. It shall not be neces- 
sary, unless the court shall so order, to designate by name 
persons represented by the guardian ad litem other than those 
who are entitled to notice by delivery or registered mailing. 
The guardian ad litem so appointed shall make oath to per- 
form his duties faithfully and impartially and shall be entitled 
to such reasonable compensation as the court shall allow. 

After a final decree has been entered on any account here- 
under it shall not be impeached except for fraud or manifest 
error. 

In the case of a minor entitled to notice by delivery or 
mailing hereunder who is under the age of fourteen at the 
date of the citation, such notice may be delivered or mailed 
to the legal or natural guardian of said minor or if the court 
shall so direct to some other person in his behalf. 

Approved May 8, 1950. 



An Act relative to the holding of property by the 
university of massachusetts building association 
and the leasing of certain state land to said cor- 
poration. 

Be it enacted, etc., as follows: 

Section 1. University of Massachusetts Building Asso- 
ciation, incorporated under the name of Massachusetts State 
College Building Association by section one of chapter three 
hundred and eighty-eight of the acts of nineteen hundred 
and thirty-nine, is hereby authorized to hold, for the pur- 
poses set forth in said chapter, real and personal estate to 
an amount not exceeding eight hundred thousand dollars, in 
addition to the amount of real and personal estate which 
may be held by said corporation under authority of said 
chapter and of chapter three hundred and ninety of the acts 
of nineteen hundred and forty-five and of chapter three 
hundred and fifty-two of the acts of nineteen hundred and 
forty-six, and of chapter one hundred and eighty-five of the 
acts of nineteen hundred and forty-eight. 

Section 2. The trustees of the University of Massa- 
chusetts may, in the name of and for the commonwealth, 
lease to said corporation two acres of land in Amherst or 
Hadley owned by the commonwealth, for the erection and 
maintenance of dormitories, commons and other buildings 
for the use of said university or its students, faculty and 
staff. The land hereby authorized to be leased to said cor- 
poration shall be in addition to that authorized to be leased 
by section six of said chapter three hundred and eighty-eight 



C/iap.414 



288 Acts, 1950. — Chaps. 415, 416, 417. 

of the acts of nineteen hundred and thirty-nine and by sec- 
tion two of chapter three hundred and ninety of the acts of 
nineteen hundred and forty-five and by section two of 
chapter three hundred and fifty-two of the acts of nineteen 
hundred and forty-six and by section two of chapter one 
hundred and eighty-five of the acts of nineteen hundred and 
forty-eight; but nothing in this section shall be construed 
as limiting or restricting the powers conferred upon said 
trustees by said section six of said chapter three hundred 
and eighty-eight with respect to the leasing of lands by them 
to said corporation. Approved May 8, 1950. 

ChapA15 An Act authorizing the county of Middlesex to pay 

A SUM OF MONEY TO JOHN HAUGHEY OF NEWTON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the county of Middlesex is hereby authorized to pay 
a sum of money not exceeding fifteen hundred dollars to JohjQ 
Haughey of Newton, to compensate and reimburse him for 
medical and hospital expenses incurred as a result of an 
injury received on March eighteenth, nineteen hundred and 
forty-eight while working under super\ision in the Mid- 
dlesex house of correction; provided, that the said John 
Haughey shall submit an itemized list of all unpaid bills, 
with the names of the persons to whom they are payable, 
and shall authorize the treasurer of said county to pay to 
each person the amount of his claim. 

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

Approved May 8, 1950. 

ChapAlQ An Act relative to the sessions of the probate court 

FOR MIDDLESEX COUNTY. 

Be it enacted, etc., as follows: 

Ed^ ^Jg^j g2 Section 62 of chapter 215 of the General Laws, as amended, 
etc.. 'amended. ' is hereby further amended by striking out the paragraph con- 
tained in lines 38 to 42, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following: — 
Middlesex. Middlesex, at Cambridge, every Monday, Tuesday, 

Wednesday, Thursday and Friday between the second 
Monday of September and the fourth Tuesday of Julj^ 
both dates inclusive, and the third Thursday of August; at 
Lowell, the first, second, third and fourth Fridays of each 
month except August and except the first Friday of Septem- 
ber. Approved May 8, 1950. 

ChapA17 An Act relative to the expenditure of funds for the 

SCHOOL LUNCH PROGRAM. 

Be it enacted, etc., as follows: 

Chapter 548 of the acts of 1948 is hereby amended by 
inserting after section 2 the following three sections : — 



Acts, 1950. — Chap. 418. 289 

Section S. School committees may use therefor funds dis- 
bursed to them under the provisions of this act, gifts and 
other funds received from sale of school lunches under such 
programs. Such contributions received in the form of 
money, together with fees from sale of lunches and any 
allotments received from the state under the provisions of 
this act for said purposes, shall be deposited with the treas- 
urer of such town and held as a separate account and ex- 
pended by said school committee without appropriation, 
notwithstanding the provisions of section fifty-three of 
chapter forty-four of the General Laws. Nothing in this 
act shall prevent cities or towns from appropriating funds 
in addition to those provided from other sources. 

Section 4- The office of school lunch programs, with the 
approval of the commissioner, shall prescribe regulations for 
the keeping of accounts and records and the making of 
reports by or under the supervision of school committees. 
Such accounts and records shall at all times be available for 
inspection and audit by authorized officials and shall be 
preserved for such period of time, not in excess of five years, 
as the division may lawfully prescribe. The division shall 
conduct or cause to be conducted such audits, inspections 
and administrative reviews of accounts, records and opera- 
tions with respect to school lunch programs as may be 
necessary to determine whether its agreements with school 
committees or other sponsors of school lunch programs and 
other regulations made pursuant to this act are being com- 
plied wuth, and to insure that school lunch programs are 
effectively administered. 

Section 5. The office of school lunch programs is hereby 
authorized to the extent that funds are available for that 
purpose, and in co-operation with other appropriate agencies 
and organizations, to conduct studies as to the methods of 
improving and expanding school lunch programs and pro- 
moting nutritional education in the schools, to conduct 
appraisals of the nutritive benefits of school lunch programs, 
and to report its findings and recommendations from time 
to time to the commissioner of education. 

Approved May 8, 1950. 



An Act authorizing the board of missions of the 
protestant episcopal church for the diocese of 
western massachusetts to hold additional prop- 
ERTY. 

Be it enacted, etc., as follows: 

Section 2 of chapter 454 of the acts of 1921 is hereby 
amended by striking out, in line 6, the words "five hundred 
thousand" and inserting in place thereof the words: — one 
million, — so as to read as follows : — Section 2. For the 
object designated in the first section of this act generally, 
or for any purposes connected with such object, the said 
corporation shall have power from time to time to purchase. 



C;iap.418 



290 Acts, 1950. — Chaps. 419, 420, 421. 

take by gift, grant, devise or bequest, and hold real and 
personal estate, to an amount not exceeding one million 
dollars, and to sell, lease or otherwise dispose of the same. 

Approved May 8, 1950. 

ChapA19 An Act to authorize certain cities and towns to 

PURCHASE, SELL AND DISTRIBUTE NATURAL GAS. 

Be it enacted, etc., as follows: 

G-L. (Ter.^ w Chapter 164 of the General Laws is hereby amended by 
5 ebX, added, inserting after section 69, as appearing in the Tercentenary 
Certain cities Edition, the following section: — Section 69 A. Any city or 
bul^seTanT^ town which maintains or operates a municipal lighting plant 
distribute which includes a gas plant may purchase, sell and distribute 
na ura gas. j^a^ural gas, and the provisions of sections thirty-four to 
sixty-nine, inclusive, so far as apt, shall apply to the pur- 
chase, sale and distribution by such city or town of natural 
gas. Every such city or town purchasing, selling and dis- 
tributing natural gas shall have all the powers and be subject 
to all the liabilities of said sections, including the authority 
to borrow money for the establishment, extension or en- 
largement of a plant and providing facilities for the purchase, 
sale and distribution of natural gas. 

Approved May 8, 1950. 

C/iap. 420 An Act relative to the appointment of a successor 

GUARDIAN OR CONSERVATOR BY THE PROBATE COURT. 

Be it enacted, etc., as follows: 

Ed^'2or'5 33 Section 33 of chapter 201 of the General Laws, as ap- 

amended.' ' pearing in the Tercentenary Edition, is hereby amended by 

adding at the end the words : — by the same court, — so as 

Removal, etc., ^q j-g^d as follows: — Scction S3. If a guardian or con- 

of guardian, . ... i i r r • 

etc., and scrvator becomes msane or otherwise mcapable of performmg 

oFsuccISot* his trust or is unsuitable therefor, the probate court, after 
notice to him and to all other persons interested, may remove 
him. Upon the request of a guardian or conservator, the 
probate court may allow him to resign his trust. Upon such 
removal or resignation, and upon the death of a guardian or 
conservator, another may be appointed in his stead by the 
same court. Approved May S, 1950. 

Chap.421 An Act prescribing the notice required to be given 

OF THE ADOPTION OR AMENDMENT OF REGULATIONS RELA- 
TIVE TO APPROACHES TO AIRPORTS. 

Be it enacted, etc., as follows: 

Ed.K 9oiT'40A, Section 40 A of chapter 90 of the General Laws, inserted 

etc, "amended". ' by scction 5 of chapter 537 of the acts of 1941, is hereby 

amended by striking out, in line 21, the word "registered", 

Adoption or — so that the fifth sentence will read as follows : — Such 

amendment of i . . i , , i , in 

regulations to Tcgulations Or any amendments thereto shall as soon as 
be^recorded, jjjg^y ^ after adoption and approval be recorded in the 



Acts, 1950. —Chap. 422. 291 

registry of deeds of each county and district in which any 
portion of the land to which such regulations apply is located, 
and notice that such regulations or amendments have been 
adopted shall be sent by mail to the owner of every parcel 
of land to any portion of which such regulations or amend- 
ments are applicable. Approved May 8, 1960. 

An Act including the fall webworm and woodticks as ChavA22 

PUBLIC nuisances. 

Be it enacted, etc., as follows: 

The first sentence of section 11 of chapter 132 of the g. l. (Ter. 
General Laws, as most recently amended by section 4 of ^tli'ameAded^' 
chapter 761 of the acts of 1949, is hereb}^ further amended 
by inserting after the word "moths" in line 7 the words: — 
, fall webworm, — and by inserting after the word "disease" 
in line 9 the words: — , and woodticks, — so as to read as 
follows: — The chief superintendent may, subject to the webworm and 

1/..1 •• 1 T 1 !,• woodticks 

approval of the commissioner, make rules and regulations declared a pub- 
governing all operations by cities and towns or persons for ^"= nuisance, 
the purpose of suppressing the gypsy and brown tail moths, 
their larvae, pupae, nests, eggs and caterpillars, and tent 
caterpillars, cankerworms, oriental hag moths, fall webworm 
and elm leaf beetles, which destroy forest and shade tree 
foliage, the Dutch elm disease and the beetles which spread 
said disease, and woodticks, all of which pests are hereby 
declared to be public nuisances. Approved May 8, 1950. 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, June 1, 1950. 

The Honorable Edward J. Cronin, Secretary of the Commomvealth, 

State House, Boston. 

Sib: — I, Paul A. Dever, by virtue of and in accordance 
with the provisions of the Forty-eighth Amendment to the 
Constitution, "The Referendum II, Emergency Measures", 
do declare that in my opinion, the immediate preservation 
of the public peace, health, safety, and convenience requires 
that the law passed on the eighth day of May in the year 
nineteen hundred and fifty, entitled, "An Act including the 
Fall Webworm and Woodticks as Public Nuisances" should 
take effect forthwith, that it is an emergency law and that 
the facts constituting the emergency are as follows: 

Because the woodtick will have gone into its dormant 
stage within the next few weeks and delay until after ninety 
days would render ineffective the use of available public 
funds in the elimination and control of this pest during the 
coming summer. 

Very truly yours, 

Paul A. Dever, 
Governor of the Commonwealth. 



292 



Acts, 1950. — Chaps. 423, 424. 



Office of the Secretary, Boston, June 1, 1950. 

I hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at one o'clock and fifteen 
minutes, p.m., on the above date, and in accordance with 
Article Forty-eight of the Amendments to the Constitution 
said chapter takes effect forthwith, being chapter four hun- 
dred and twenty-two of the acts of nineteen hundred and 
fifty. 

Edward J. Cronin, 

Secretary of the Commonicealth. 



ChapA2d An Act further defining short lobsters and regulating 

THE SALE OR POSSESSION THEREOF. 



G. L. (Ter. 
Ed.), 130, § 44, 
etc., amended. 



Sale, etc., of 
short lobsters 
prohibited. 



Penalty. 



Be it enacted, etc., as follows: 

Section 1. Chapter 130 of the General Laws is hereby 
amended by striking out section 44, as appearing in section 1 
of chapter 598 of the acts of 1941, and inserting in place 
thereof the following section: — Section 44- Whoever sells, 
or offers for sale, or has in possession for a period longer 
than is necessary for measuring, or for any purpose other 
than legally disposing of the same, at any time up to and 
including July fii'st, nineteen hundred and fiftj''-two, a 
lobster measuring less than three and three sixteenths 
inches in length, and at any time thereafter, a lobster meas- 
uring less than three and one quarter inches in length, alive 
or dead, cooked or uncooked, measured from the rear of the 
eye socket along a line parallel to the center line of the body 
shell to the rear end of the body shell, shall be punished by 
a fine of not less than five nor more than ten dollars for every 
such lobster, and such lobster shall be seized and forfeited, 
and shall be disposed of by the director to the best interests 
of the commonwealth; and in all prosecutions under this 
section any mutilation of any lobster which affects its meas- 
urement as aforesaid shall be prima facie evidence that the 
lobster was or is less than the required length. This section 
shall not apply to common carriers having lobsters in posses- 
sion for the purpose of transportation. 

Section 2. This act shall take effect on July first, nine- 
teen hundred and fifty-one. Approved May 8, 1950. 

ChapA24i An Act relative to the breeding and raising of mink. 

Be it enacted, etc., as follows: 

Ed.V," 1 Jrnow Chapter 131 of the General Laws is hereby amended by 
§ 105A, added, inserting after section 105, as appearing in section 2 of 
chapter 599 of the acts of 1941, the following section: — 
r^a'sfni"o^f mink. Scction 105A. For thc purposes of this chapter, mink that 
regulated. ' havc bccu propagated in captivity for two or more genera- 
tions shall be considered domesticated mammals subject to 
all the laws of the commonwealth with reference to possession, 
ownership and taxation as are at any time applicable to 



Effective 
date. 



Acts, 1950. — Chap. 425. 293 

domesticated animals; such domesticated mink and the 
pelts or products thereof shall be deemed agricultural 
products and shall not be subject to the provisions of sec- 
tions sixteen, one hundred and five, one hundred and seven 
and one hundred and eleven. The breeding, raising, pro- 
ducing in capti\ity and marketing thereof shall be deemed 
an agricultural pursuit. For the purposes of this section, 
a mink ranch shall be deemed to be any place where mink 
as defined by this section are raised and propagated in 
captivity. Each mink ranch must be listed with the depart- 
ment of conservation on or before February first of each 
year, and the premises and the breeding records must be 
available for inspection by the commissioner of conservation 
or his agents at any reasonable time. The fee for such 
listing shall be three dollars annually for which a certificate 
shall be issued by the department and shall be posted in a 
conspicuous place on the premises at all times. The burden 
of proof shall be upon the owner of such a ranch to prove 
that all mink possessed are domesticated as defined above. 
An}'^ violation of this section shall be punished by a fine of 
not more than one hundred dollars. 

Approved May 8, 1950 

An Act regulating the sealing and testing of meters ChavA25 

USED FOR measuring LIQUEFIED PETROLEUM GAS. 

Be it enacted, etc., as follows: 

Chapter 98 of the General Laws is hereby amended by in- g. l. (Ter. 
serting after section 28, as appearing in the Tercentenary flsA^^addJd. 
Edition, the following section: — Section 28 A. Meters for Testing and 
measuring liquefied petroleum gas sold in the vapor state meterf used 
shall be sealed by the manufacturer thereof as hereinafter i";''„pfip|f^^_ 
provided or by a sealer of weights and measures in the town troieum ga"s, 
where the meter is used. The director of standards and '■eg^i'^ted. 
necessaries of hfe shall prescribe regulations including speci- 
fications and tolerances governing the testing and sealing of 
such meters by the manufacturers and method of determin- 
ing quantity of hquefied petroleum gas, and may authorize 
any manufacturer to seal such meters upon written agreement 
to conform to said regulations. The director may at any 
time for cause revoke the authority so given by him to any 
manufacturer. For the purposes of this section the term 
"liquefied petroleum gas" shall mean and include any ma- 
terial which is composed predominantly of any of the fol- 
lowing hydrocarbons or mixtures of the same: propane, 
propylene, butane (normal or isobutane) and butylene. 

Approved May 8, 1950. 



for 
luetied pe- 



294 



Acts, 1950. — Chaps. 426, 427, 428. 



Conviction of 
a crime may 
be shown to 
affect 
credibility. 



C/iaT>. 426 ^^ ^^'^ PROVIDING THAT A PLEA OF GUILTY OR A FINDING OR 
VERDICT OF GUILTY IN A PROSECUTION FOR A FELONY SHALL 
BE DEEMED A CONVICTION FOR THE PURPOSE OF AFFECTING 
THE CREDIBILITY OF A WITNESS. 

Be it enacted, etc., as follows: 

G. L. fTer. Section 21 of chapter 233 of the General Laws is hereby 

amended.' ' amended by striking out paragraph Second, as appearing in 
the Tercentenary Edition, and inserting in place thereof the 
following : — 

Second, The record of his conviction of a felony upon 
which no sentence was imposed or a sentence was imposed 
and the execution thereof suspended, or upon which a fine 
only was imposed, or a sentence to a reformatory prison, jail, 
or house of correction, shall not be shown for such purpose 
after ten years from the date of conviction, if no sentence 
was imposed, or from the date on which sentence on said 
conviction was imposed, whether the execution thereof was 
suspended or not, unless he has subsequently been convicted 
of a crime within ten years of the time of his testifying. For 
the purpose of this paragraph, a plea of guilty or a finding or 
verdict of guilty shall constitute a conviction within the 
meaning of this section. Approved May 8, 1950. 

Chav.427 ^^ Act further regulating the liability of certain 

INSURANCE COMPANIES FOR TAXES. 

Be it enacted, etc., as follows: 

Section 28 of chapter 63 of the General Laws, as most 
recently amended by section 5 of chapter 387 of the acts of 
1946, is hereby further amended by striking out the third 
paragraph and inserting in place thereof the following para- 
graph : — 

Liability for the taxes imposed by sections twenty to 
twenty-three, inclusive, and twenty-nine A, or by sections 
two and three of chapter five hundred and thirty-one of the 
acts of nineteen hundred and forty-three, shall be incurred 
by reason of the transaction of business at any time within 
the calendar year preceding that in which the assessment 
provided for in this section is to be made. 

Approved May 8, 1950. 

Chap.428 ^^ ^^T relative to the EXAMINATION OF BANKS. 

Be it enacted, etc., as follows: 

Section 2 of chapter 167 of the General Laws, as amended, 
is hereby further amended by striking out the third para- 
graph, as appearing in chapter 251 of the acts of 1934, and 
inserting in place thereof the following paragraph : — 

Copies of reports of such examinations of any bank shall 
be furnished to such bank for its use only and shall not be 
exhibited to any other person, organization or agency with- 
out the prior written approval of the commissioner of banks. 



G. L. (Ter. 
Ed.), 63, § 28, 
etc., amended. 



Tax liability 
of certain 
insurance 
companies. 



G. L. (Ter. 
Ed.), 167, § 2, 
etc., amended. 



Examination 
of banks. 



Acts, 1950. — Chaps. 429, 430, 431. 295 

There may be furnished to the chief national bank examiner, 
the Federal Reserve Bank of Boston, the Federal Deposit 
Insurance Corporation, or the banking departments of other 
states, such information, reports and statements relating to 
the institutions under the supervision of the commissioner 
as he deems best. Approved May 8, 1950. 

An Act authorizing the commissioner of public health (Jfidj) 499 

AND the town of MIDDLEBOROUGH TO ENTER INTO AN 

agreement for the purpose of furnishing fire pro- 
tection AT the LAKEVILLE STATE SANATORIUM. 

Be it enacted, etc., as follows: 

The commissioner of public health and the town of Middle- 
borough, acting through its board of selectmen, are hereby 
authorized to enter into an agreement to provide fire pro- 
tection for the Lakeville state sanatorium. 

Approved May 8, 1950. 



ChapASO 



An Act relative to membership of mary m. fagan in 
the state employees' retirement system. 

Be it enacted, etc., as follows: 

Any provision of chapter thirty-two of the General Laws 
to the contrary notwithstanding, Mary M. Fagan, an em- 
ployee of the commonwealth and a former employee of the 
city of Brockton, may become a member of the state em- 
ployees' retirement system upon payment in one sum or in 
installments, upon such terms and conditions as the state 
board of retirement may prescribe, of an amount equal to 
that which would have been withheld as regular deductions 
from her regular compensation from the date on which she 
entered the employ of the city of Brockton, together with 
regular interest. Upon the completion of such make-up pay- 
ments said Mary M. Fagan shall be entitled to creditable 
service for all such service in the city and the commonwealth. 

Approved May 8, 1950. 

An Act restricting the establishment and maintenance (Jhnji 431 

OF BLOOD BANKS, SO CALLED. ^' 

Be it enacted, etc., as follows: 

Chapter 1 1 1 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 184 A, inserted by chapter 344 of the ^848^ added, 
acts of 1939, as amended, the following section; — Section Establishment 
184B. No blood banks, so called, shall be established and "o cXd .'""''''• 
maintained in this commonwealth except by a hospital li- regulated, 
censed by the department under the provisions of section 
seventy-one or by the American Red Cross. Any violation 
of this section shall be punished b}^ a fine of not more than 
five hundred dollars. Approved May 8, 1950. 



296 Acts, 1950. — Chap. 432. 



ChapAS2 An Act providing for the discharge of sewage from 

THE LAKEVILLE STATE SANATORIUM INTO THE SEWERAGE 
SYSTEM OF THE TOWN OF MIDDLEBOROUGPI. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Middleborough 
may enter into an agreement with the commissioner of 
public health for the joint use of the sewerage facilities of the 
town of Middleborough by the Lakeville state sanatorium 
in the town of Lakeville, and the said commissioner of public 
health is hereby further authorized to contract on behalf of 
the commonwealth with the said town of Middleborough, 
acting as aforesaid for the establishment of a connection be- 
tween its system of sewerage and the sewerage system of the 
said town and for the disposal of sewage from the said Lake- 
ville state sanatorium as may be agreed upon by the com- 
missioner of public health and the board of selectmen of 
Middleborough. 

Section 2. For the purpose of carrying out the provi- 
sions of this act the commissioner of pubhc health, acting 
for the commonwealth, may take by eminent domain under 
chapter seventy-nine of the General Laws, or acquire by 
purchase or otherwise, any land, water rights, rights of way 
or easements in the to^\^l of Lakeville and the selectmen of 
Middleborough, acting for the towTi of Middleborough, may 
take by eminent domain under said chapter seventy-nine, 
or acquire by purchase or otherwise, any land, water rights, 
rights of way or easements in the toAvn of Middleborough 
as may be necessary or desirable for accomplishing any pur- 
pose mentioned in this act, and ma}'' construct such main 
sewers and branches thereof under or over any bridge, rail- 
road, railway, boulevard or other public way, or within the 
location of an}'' railroad, and may enter upon or go upon 
any private land, public way or railroad location for the 
purpose of laying such sewers and works and of maintaining 
and repairing the same, and may do any other thing proper 
or necessary for the purposes of this act; provided, that the 
commissioner of public health or the said board of selectmen 
shall not take in fee any land of any railroad or railway cor- 
poration, and that they shall not enter upon or construct 
any sewer or other works within the location of any railroad 
or railway corporation except at such times and in such 
manner as they may agree upon with such corporation, or, 
in case of failure so to agree, as may be approved by the 
department of public utilities; and provided, further, that 
said commissioner of public health and said board of select- 
men shall not enter upon or construct or repair any sewer 
■within the location of any state highway except at such time 
and in such manner and location as may be agreed upon with 
the commissioner of public works, or, in case of failure to 
agree, as may be approved by the governor and council. 

Section 3. Whenever any street or highway shall be dug 



Acts, 1950. — Chaps. 433, 434. 297 

up in connection with the construction of the said sewer, as 
aforesaid, the commissioner of pubhc health, acting within 
the Hmits of the town of Lakeville, and the said selectmen of 
Middleborough, acting within the limits of the town of 
Middlcborough, shall restore the same to as good order and 
condition as the same was in when such digging commenced, 
and the commonwealth in the case of the work in Lakeville 
shall at all times indemnify and save harmless the towns of 
Lakeville and Middleborough against all damages which may 
be recovered against them respectively, and shall reimburse 
them respectively for all expenses which they shall incur by 
reason of any defect or want of repair in any street or way 
caused by the construction of said main sewer or sewers or 
any branches thereof, or by the maintaining or repairing of 
the same; provided, that the commonwealth and the said 
town of Middleborough shall have due and reasonable notice 
of all claims for such damages or injury and an opportunity 
to make a legal defense thereto. 

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

Approved May 10, 1950. 

An Act relative to the election and tenure of office nhnr) 43S 

OF THE CITY CLERK IN THE CITY OF MALDEN. ^' 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Maiden, as 
soon after its organization as may be convenient, in years 
when it organizes, otherwise on the first Monday in Janu- 
ary, or as soon thereafter as may be convenient, shall tri- 
ennially choose, by joint ballot in convention, a city clerk, 
who shall hold office for the term of three years next ensuing 
and until the qualification of his successor; provided, that 
said city clerk may be removed at any time by the city coun- 
cil for sufficient cause and any vacancy occurring in such 
office may be filled at any time by concurrent vote of the city 
council. The compensation of the city clerk shall be fixed 
by concurrent vote of the city council. 

Section 2. Nothing in this act shall affect the tenure of 
the city clerk of said city in office on the effective date of 
this act. 

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

Approved May 10, 1950. 



An Act authorizing the placing of the office of super- 
intendent OR engineer of the water department in 
the town of medway under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent or engineer of 
the water department of the town of Medway shall, upon 
the effective date of this act, become subject to the civil 
service laws and regulations made thereunder, and the ten- 
ure of office of the present incumbent thereof shall be un- 



C/iap.434 



298 Acts, 1950. — Chaps. 435, 436. 

limited, subject however to said laws; provided, that he shall 
pass a qualifying examination, to which he shall be subjected 
by the division of civil service. 
Section 2. This act shall take effect upon its passage. 

Approved May 10, 1950. 

ChapASd An Act authorizing the department of mental health 

TO ACQUIRE LAND IN THE TOWN OF WRENTHAM FOR THE 
PURPOSE OF PROVIDING AN ADDITIONAL WATER SUPPLY 
FOR THE WRENTHAM STATE SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The department of mental health, for the 
purpose of acquiring an additional supply of pure water for 
domestic and other purposes at the Wrentham state school, 
may, in the name and on behalf of the commonwealth, take 
by eminent domain under chapter seventy-nine of the Gen- 
eral Laws, or acquire by purchase, gift or otherwise, and 
hold such lands and interests in land in the town of Wrentham 
as are necessary for wells and the protection thereof and for 
a pipe line from such wells to said school; may install wells, 
erect buildings and other structures, make excavations, pro- 
cure and operate machinery, construct, lay and maintain 
aqueducts, conduits, pipes, pole lines and other works under 
or over any lands, 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 purpose of constructing, laying, maintaining, oper- 
ating and repairing such conduits, pipes and other works, 
and for all other proper purposes of this act, said department 
may dig up or raise and embank lands, highways or other 
ways, in such manner as to cause the least hindrance to pub- 
lic travel on such ways; provided, that said department shall 
not enter upon, construct or lay any conduits, pipes or other 
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; and provided 
further, that all water for domestic purposes and lands neces- 
sary for preserving the quality of such water shall be taken 
or acquired only with the advice and approval of the depart- 
ment of pubhc health. 

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

Approved May 10, 1950. 

ChapASQ An Act providing that the positions of call firemen 

IN THE TOWN OF STOUGHTON SHALL NOT BE SUBJECT TO 
THE CIVIL SERVICE LAWS AND RULES WITH RESPECT TO 
appointments MADE HEREAFTER. 

Be it enacted, etc., as follows: 

Section 1. The civil service laws and the rules made 
thereunder shall not apply to positions of call firemen in the 



Acts, 1950. — Chaps. 437, 438. 299 

town of Stoughton which are to be filled after the effective 
date of this act. 

Section 2. Action taken under the 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. 

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

Approved May 10, 1950. 



An Act relative to the retirement of certain police 
officers and firemen of the city of lawrence. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
eighty-five G of chapter thirty-two of the General Laws, 
any member of a police or fire department of the city of 
Lawrence who is hereafter retired under the provisions of 
sections eighty to eighty-five F, inclusive, of said chapter 
thirty-two, and who was appointed a reserve police officer 
or reserve fireman prior to July first, nineteen hundred and 
thirty-seven, shall, for the purpose of such retirement, be 
accredited with his service as such reserve police officer or 
reserve fireman as a part of his continuous service. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Lawrence. 

Approved May 10, 1950. 

An Act further regulating the taking and hunting 
of birds and mammals. 



Chap.437 



C/iap.438 



Be it enacted, etc., as follows: 

Chapter 131 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 78, as most recently amended by chapter ftc'' suicicey^' 
304 of the acts of 1949^ and inserting in place thereof the out^and 
following sections : — Section 78. Whoever constructs, erects, inler^ted*^' 
sets, uses, locates, repairs, tends or maintains any snare for snaring of 
the purpose of catching or killing any mammal or hunts a penalized, 
mammal by any such means, shall be punished by a fine of 
one hundred dollars. 

Section 78 A . Whoever hunts any mammal by the aid or Hunting mam- 
use of any motor vehicle or airplane shall be punished as pro- ^r^pL'^n^ "^^ 
vided in section seventy-eight E. prohibited. 

Section 78B. Whoever, except during the prescribed open Possesion of 
season for deer, has in his possession any shotgun shells munluonTt 
loaded with a single ball or shot larger than number one in certain seasona 
any place where birds or mammals might be found shall be ^^"^'^^ 
punished as provided in section seventy-eight E. 

Section 78C. W^hoever uses or possesses, where birds or Possession of 
mammals might be found, any rifle chambered to take larger clubre at cer^*° 
than twenty-two long rifle ammunition, or any revolver or tain times 
pistol chambered to take larger than thirty-eight calibre p^"^^'" 
ammunition, between the hours of one half hour after sunset 



300 



Acts, 1950. — Chaps. 439, 440. 



Certain sec- 
tions not to 
prohibit owner 
from protecting 
land, etc. 



Penalty for 
violation of 
certain sections 
of chapter. 



Hunting cer- 
tain mammals 
by artificial 
light penalized. 



to one half hour before sunrise of any day throughout the 
year shall be punished as provided in section seventy-eight E. 

Section 78D. Nothing in section seventy-eight B or 
seventy-eight C shall be construed to prohibit an owner or 
tenant of land or his authorized agent, as provided in section 
seventy-nine, from protecting his property, nor prohibit a 
person from transporting firearms or ammunition to or from 
the commonwealth or to or from any recognized rifle or re- 
volver range, as provided by lav/. 

Section 78E. Whoever violates any provision of section 
seventy-eight A, seventy-eight B or seven tj^-eight C shall be 
punished by a fine of not less than twenty-five dollars, nor 
more than two hundred dollars in addition to any other 
penalty provided by law. 

Section 78F. Whoever hunts any bird or mammal except 
raccoon or opossum by the aid or use of any artificial light 
shall be punished by a fine of not less than fifty dollars nor 
more than five hundred dollars; and any weapon or equip- 
ment used in such hunting by any person convicted of any 
violation of this section shall be confiscated and forfeited to 
the use of the commonwealth and disposed of by the director 
of law enforcement; and any vehicle, boat or canoe so used 
may be confiscated upon the order of the court and forfeited 
to the commonwealth and disposed of in like manner. 

Approved May 10, 1950. 



ChapAS9 An Act to further adjust the hours of employment 

AND RATES OF PAY OF DENTISTS IN THE STATE EMPLOY. 



G. L. (Ter. 
Ed.), 149. 
i 30A, etc., 
amended. 



Be it enacted, etc., as follows: 

Section 30A of chapter 149 of the General Laws, as most 
recently amended by chapter 780 of the acts of 1949, is 
hereby further amended by inserting after the word "physi- 
cians", in line 19, the following: — , dentists. 

Approved May 10, 1960. 



ChavA^O ^ -^CT RELATIVE TO THE QUALIFICATIONS, EXAMINATION 
AND REGISTRATION OF INSTRUCTORS IN BARBER SCHOOLS 
OR COLLEGES. 

Be it enacted, etc., as follows: 

Section 1. Section 87P of chapter 112 of the General 
Laws, as most recently amended by chapter 61 of the acts 
of the current year, is hereby amended by adding at the 
end the following paragraph : — 

No person shall act as an instructor until he shall have 
passed an examination conducted by the board of registration 
of barbers and obtained a certificate of registration from 
said board. Each applicant for registration as an instructor 
who shall furnish the board with satisfactory proof that he 
possesses the educational qualities required for graduation 
from a high school and that he has been a registered barber 
for a period of five years, shall upon the payment of fifteen 



G. L. (Ter. 
Ed.). 112. 
§ 87P, etc., 
amended. 



Examination 
and registra- 
tion of in- 
structors in 
barber schools, 
etc. 



Acts, 1950. — Chaps. 441, 442, 443. 301 

dollars, as an examination fee be entitled to be examined 
as set forth under the provisions in section eighty-seven G; ■ 
and if found by the board to be qualified, shall be registered 
by it as an instructor, and receive a certificate thereof signed 
by the chairman and secretary of the board. 

Section 2. This act shall not apply to any person acting 
as an instructor in a barber school or barber college im- 
mediately prior to the effective date thereof. 

Approved May 10, 1950. 

An Act providing that no insane person shall be com- nhn^^ 441 

MITTED TO OR ADMITTED TO THE TEWKSBURY STATE ^' 

HOSPITAL AND INFIRMARY. 

Be it enacted, etc, as follows: 

Section 1. Chapter 122 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 20, as amended by section ^tc'!'amended°* 
38 of chapter 351 of the acts of 1941, and inserting in place 
thereof the following section : — Section 20. No person Commitment 
who is insane shall be committed to or admitted to said °f'nsane. 
hospital and infirmary. 

Section 2. Section 22 of chapter 123 of the General gj^; jj|'"| 22 
Laws is hereby repealed. Approved May 10, 1950. repealed.' 

An Act repealing certain provisions of law relative Qhn^) 442 

to reporting the cutting of TIMBER. ^' 

Be it enacted, etc., as follows: 

Section 20A of chapter 48 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby repealed. ^piaitd. * ^^' 

Approved May 10, 1950. 

An Act authorizing the registrar of motor vehicles nhfjj. 440 

TO REQUIRE AN IDENTIFYING NUMBER FOR MOTOR VEHICLES. ^' 

Be it enacted, etc., as follows: 

Section 2 of chapter 90 of the General Laws is hereby g. l. (Ter. 
amended by striking out the first paragraph, as appearing fn^end^d.* ^' 
in the Tercentenary Edition, and inserting in place thereof 
the folloAving paragraph: — Apphcation for the registration Registration 
of motor vehicles and trailers may be made by the owner vlwderand 
thereof. The application shall contain, in addition to such trailers, 
other particulars as may be required by the registrar, a state- 
ment of the name, place of residence and address of the 
applicant, with a brief description of the motor vehicle or 
trailer, including the name of the maker, the number, if 
any, affixed by the maker, and, in the case of a motor vehicle, 
the engine number and the character of the motor power. 
The registrar may require, in addition to or in place of such 
maker's number and engine number, such other numbers as 
will properly identify the vehicle, and wherever there is 
any requirement or penalty in any statute, rule or regulation 
relating to makers' numbers, serial numbers or engine num- 



302 Acts, 1950. — Chaps. 444, 445. 

bers of motor vehicles or trailers, it shall relate and apply 
to such identifying numbers required by the registrar as if 
such identifying numbers were specifically included in such 
statute, rule or regulation. The registration fee as required 
in section thirty-three shall accompany such application. 

Approved May 10, 1950. 

ChapAA^ An Act providing for a second assistant clerk of court 

FOR THE FIRST DISTRICT COURT OF ESSEX AND FOR THE 
district COURT OF CHELSEA. 

Be it enacted, etc., as follows: 

Ed^' 2i'r5 10 '^^^ ^^^^ paragraph of section 10 of chapter 218 of the 
etc!, 'amended. ' General Laws, as most recently amended by chapter 443 of 
the acts of 1949, is hereby further amended by striking out 
the third sentence and inserting in place thereof the followng 
District courts, Sentence : — Second assistant clerks with salaries payable 
Msbtant derks. by the county may be appointed in the municipal court of 
the Roxbury district, the East Boston district court, the 
municipal court of the Charlestown district, the municipal 
court of the Dorchester district, the municipal court of the 
Brighton district, the municipal court of the West Roxbury 
district, the municipal court of the South Boston district, 
the central district court of Worcester, and, subject to the 
approval of the county commissioners, in the first district 
court of eastern Middlesex, the third district court of eastern 
Middlesex, the first district court of Essex, the district court 
of southern Essex, the district court of Springfield, the 
second district court of Bristol, the third district court of 
Bristol, the district court of East Norfolk and the district 
court of Chelsea. Approved May 10, 1950. 

ChapA4i5 An Act relative to benefits payable under the work- 
men's COMPENSATION LAW IN THE CASE OF CERTAIN 
SPECIFIED INJURIES. 

Be it enacted, etc., as follows: 

Ed.^,' 152!'^' Chapter 152 of the General Laws is hereby amended by 

5 36A. etc., striking out section 36A, inserted by chapter 519 of the acts 
amen e . ^^ 1949, and inserting in place thereof the following: — 

Benefit*. Scction 36 A. In the event that an injured employee who 

has become entitled to compensation under section thirty- 
six dies before fully collecting the said compensation, the 
balance remaining shall become due and payable in a lump 
sum to his dependents. In the event he is not survived by 
any dependents, then such balance remaining shall be paid 
in the manner aforesaid to any surviving children, or if no 
children, then to surviving parents; if no surviving parents, 
then to surviving brothers and sisters or to the issue of any 
deceased brother or sister by right of representation. 

Approved May 10, 1950. 



Acts, 1950. — Chaps. 446, 447. 303 



An Act providing for five year terms for the treas- (Jfiar) 446 

URER AKD THE COLLECTOR OF TAXES IN THE CITY OF 
MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Maiden, as 
soon after its organization as may be convenient, in years 
when it organizes, otherwise on the first Monday in January, 
or as soon thereafter as may be convenient, shall quin- 
quennially choose, by joint ballot in convention, a treasurer 
and a collector of taxes, who shall hold their offices respec- 
tively for the term of five years next ensuing and until the 
qualification of their respective successors; provided, that 
any of such officers may be removed at any time by the city 
council for sufficient cause. Vacancies occurring in the above- 
named offices may be filled at any time by concurrent vote 
of the city council. The compensation of such officers shall 
be fixed by concurrent vote of the city council. 

Section 2. So much of chapter one hundred and sixty- 
nine of the acts of eighteen hundred and eighty-one, and 
acts in amendment thereof or in addition thereto, as is 
inconsistent with the provisions of this act is hereby repealed. 

Section 3. This act shall take effect on January first, 
nineteen hundred and fifty-one. Approved May 10, 1950. 

An Act providing for a three year term for the city Chav 447 
physician in the city of malden. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Maiden, as 
soon after its organization as may be convenient, in years 
when it organizes, otherwise on the first Monday in January, 
or as soon thereafter as may be convenient, shall triennially 
choose, by concurrent vote, a city physician, who shall hold 
office for the term of three years next ensuing and until the 
qualification of his successor; provided, that he may be 
removed at any time by the city council for sufficient cause 
and any vacancy occurring in such office may be filled at 
any time by concurrent vote of the city council. The com- 
pensation of the city physician shall be fixed by concurrent 
vote of the city council. 

Section 2. So much of chapter one hundred and sixty- 
nine of the acts of eighteen hundred and eighty -one, and acts 
in amendment thereof or in addition thereto, as is incon- 
sistent with the provisions of this act, is hereby repealed. 

Section 3. This act shall take effect on January first, 
nineteen hundred and fifty-one. Approved May 10, 1960. 



304 Acts, 1950. — Chaps. 448, 449, 450. 



ChavA4:S ^ ^^'^ authorizing the town of marblehead to borrow 

MONEY FOR HOSPITAL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and originally 
equipping and furnishing a hospital building, the town of 
Marblehead 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 sixty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Marble- 
head Hospital Loan, Act of 1950. 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 chap- 
ter 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 11, 1950. 

ChavA4Q ^ ■^^'^ authorizing the town of rockport to borrow 

money for school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing, securing a 
site for, and of originally equipping and furnishing a school 
building, the town of Rockport 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, Rockport School Building Loan, Act of 1950. 
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 para- 
graph of section seven thereof. 

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

Approved May 11, 1950. 

ChavA50 -^^ Act authorizing the town of bellingham to supply 
water to part of the millerville district of the 
town of blackstone. 

Be it enacted, etc., as follows: 

Section 1. The town of Bellingham, acting by its board 
of water commissioners, or board exercising the powers of 
such commissioners, is hereby authorized to supply water 
to so much of the Millerville district of the town of Black- 



Acts, 1950. — Chaps. 451, 452. 305 

stone as has not alreadj^ an adequate supply of water from 
other sources, at a rate or rates as may be mutually agreed 
upon by the selectmen of Blackstone and the board of water 
commissioners of Bellingham, or, in case of failure to agree, 
as may be fixed by the state department of public utilities. 
The town of Bellingham may make such extensions of its 
water mains and such installations of other facilities and 
equipment within the limits of the to^\^l of Blackstone as 
may be necessary for the purposes of this act; provided, that 
such extensions and installations as are made by the town 
of Bellingham within the limits of the town of Blackstone 
shall be subject in all respects to the approval of the select- 
men of the town of Blackstone. 

Section 2. The town of Blackstone may at any time 
acquire by purchase any works constructed by the town of 
Bellingham within the limits of the town of Blackstone under 
authority of this act. In case of failure to agree as to the 
price for said purchase, the price shall, upon application of 
either party, be fixed by the state department of pubhc 
utilities, and shall be binding upon both parties. 

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

Approved May 11, 1950. 

An Act authorizing the town of methuen to borrow (JJiar) 451 

MONEY FOR SCHOOL PURPOSES. 

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 Methuen may borrow from time to time, within a period 
of five years from the effective date of this act, such sums of 
money as may be necessary, not exceeding, in the aggregate, 
one million dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Methuen School 
Loan, Act of 1950. 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 11, 1960. 



ChapA52 



An Act relative to peaceful persuasion and injunc- 
tions IN LABOR DISPUTES, 

Be it enacted, etc., as follows: 

Section 1. Section 20C of chapter 149 of the General %;^\- [Jf- 
Laws, inserted by section 1 of chapter 407 of the acts of 1935, § 2bc, etc.. 
is hereby amended by striking out the first four lines and in- ^™«^°'^^^- 
serting in place thereof the following: — For the purposes of o^celg^'g^t °^ of 
this and the preceding section, section twenty-four of chap- labor organ- 



306 



Acts, 1950. — Chap. 452. 



izations, 
limited. 



G. L. (Ter. 
Ed.). 149. 
5 20C. etc., 
amended. 



Term "labor 
dispute " 
defined. 



" Lawful labor 

dispute" 

deoned. 



"Unlawful 
labor dis- 
pute" defined. 



ter one hundred and forty-nine, sections one, nine and nine A 
of chapter two hundred and fourteen, and sections thirteen A 
and thirteen B of chapter two hundred and twenty, — 

Section 2. Said section 20C of said chapter 149, as so 
inserted, is hereby amended by striking out subsection (c) 
and inserting in place thereof the four following subsec- 
tions : — 

(c) The term "labor dispute", when used in the sections 
hereinbefore referred to, includes any controversy arising 
out of any demand of any character whatsoever concerning 
terms or conditions of employment, or concerning the associa- 
tion or representation of persons in negotiating, fixing, main- 
taining, changing, or seeking to arrange, terms or conditions 
of emplojTnent, regardless of whether the disputants stand 
in proximate relation of employer and employee. 

(d) Except as provided in subsection (e) of this section, 
the term "lawful labor dispute" includes any controversy 
concerning — 

(1) The association or representation of persons in nego- 
tiating, fixing, maintaining, changing, or seeking to arrange, 
terms or conditions of employment ; 

(2) The recognition or bargaining status of a labor organi- 
zation ; 

(3) Rates of pay, wages, hire or tenure or hours of employ- 
ment, or working conditions; 

(4) The execution or performance of an agreement to 
arbitrate an existing or future labor dispute; 

(5) The execution or performance of a collective bargain- 
ing agreement containing any lawful provision of a kind 
commonly found in collective bargaining agreements (in- 
cluding but not limited to any provision requiring as a con- 
dition of employment membership in a labor organization 
which is the exclusive representative of the employees in the 
appropriate collective bargaining unit covered by such agree- 
ment when made) ; or 

(6) Any term or condition of employment which has here- 
tofore been regarded as a lawful objective of concerted ac- 
ti\'ities on the part of employees or labor organization. 

The foregoing definition shall be applicable regardless of 
whether the disputants stand in the proximate relation of 
employer and employee, but shall not be deemed to include 
any "unlawful labor dispute" or "unlawful secondary boy- 
cott" as defined in the following subsections: — 

(e) The term "unlawful labor dispute" includes any con- 
troversy arising out of a demand — 

(1) That an employer commit a criminal offence or unfair 
employment practice in violation of chapter one hundred and 
fifty-one B or unfair labor practice either in violation of 
chapter one hundred and fifty A, or in violation of the 
National Labor Relations Act; 

(2) That an employer include in a collective bargaining 
agreement any provision the execution or performance of 
which would be unlawful; 



Acts, 1950. — Chap. 452. 307 

(3) That an employer recognize or bargain collectively 
with any labor organization as the representative of its em- 
ployees in any bargaining unit while another labor organiza- 
tion is the representative of such employees certified by the 
labor relations commission established by section nine of 
chapter twent3''-three, or by the National Labor Relations 
Board, prior to the time said commission, or board, would 
conduct a new investigation and certification of representa- 
tives. 

(4) That an employer recognize or bargain collectively 
with any labor organization as the representative of its em- 
ployees in any bargaining unit within one year after the 
labor relations commission established by section nine of 
chapter twenty-three has determined in a proceeding under 
section five of chapter one hundred and fifty A that such 
employees do not desire to be represented by such labor 
organization; or 

(5) Made by any party to a jurisdictional dispute as de- 
fined in section nine B of chapter two hundred and fourteen 
who has failed to abide by any voluntary arbitration pro- 
cedure applicable to such dispute or to comply with the 
terms of the arbitration award. 

(/) The term "unla^vful secondary boycott" means any "Unlawful 
strike, slowdown, boycott, or concerted cessation of work or boT«Ht''^ 
withholding of patronage or services, arising out of a labor defined, 
dispute, where an object thereof is to force or require any 
person not otherwise engaged in such labor dispute to cease 
using, selling, handling, transporting, or dealing in the prod- 
ucts of any other producer, processor, or manufacturer, or to 
cease doing business with any other person; provided, how- 
ever, that a secondary boycott may la\vfully be directed at 
a person the greater part of whose current business over a 
representative period is processing, selling, handling, trans- 
porting or otherwise dealing in the goods of an employer 
primarily interested in a lawi'ul labor dispute or who, by any 
agreement, understanding or arrangement with such em- 
ployer, is requiring his own employees to perform work or 
services which would be done by the employees of such em- 
ployer in the absence of a labor dispute. 

Section 3. Subsection (2) of section 9A of chapter 214 ^i^^/'^^'-J^-)- 
of the General Laws, as appearing in section 4 of chapter amended.'^"" 
407 of the acts of 1935, is hereby amended by adding at the 
end of the first sentence the following: — ; provided, further, 
that no such temporary restraining order shall be issued 
except upon its also being made to appear to the satisfaction 
of the court (either from the testimony of witnesses or from 
written assurances filed by counsel in regard to his personal 
conduct), — 

(A) That a principal representative or attorney of the 
employees or labor organizations participating in such dis- 
pute was informed of the time and place at which the appli- 
cation for a temporary restraining order would be presented 
sufficiently in advance to appear in opposition thereto; or 



308 Acts, 1950. — Chap. 452. 

(B) That the complainant made every reasonable effort 
to comply with paragraph (A) but was unable so to do; 
provided, however, that notification by mail alone shall not 
be deemed compliance with this section without proof of 
receipt. 

Such testimony or written assurances shall set forth in 
detail the manner in which the complainant complied with 
paragraph (A) or (B) and shall be made part of the record in 
the case. If the defendants appear in opposition to the 
application for a temporary restraining order they shall be 
afforded an opportunity to cross-examine the complainant's 
witnesses at such length as is reasonable under the circum- 
stances and a like opportunity to introduce evidence in 
opposition thereto, — so that subsection (2) will read as 
follows : — 
Preliminary (2) Such hearing shall be held after due and personal 

etc. ' notice thereof has been given, in such manner as the court 

shall direct, to all known persons against whom relief is 
sought, and also to the chief of those public officials of the 
city or town within which the unlawful acts have been 
threatened or committed charged with the dutj^ to protect 
the complainant's property; provided, however, that if a 
complainant shall also allege that, unless a temporary re- 
straining order shall be issued without notice, a substantial 
and irreparable injury to the complainant's property will be 
unavoidable, such a temporary restraining order may be 
issued upon testimony under oath, sufficient, if sustained, 
to justify the court in issuing a preliminary injunction upon 
a hearing after notice, and a statement of the grounds justi- 
fying the issuance of such order shall be made a matter of 
record by the court; provided, further, that no such tem- 
porary restraining order shall be issued except upon its also 
being made to appear to the satisfaction of the court (either 
from the testimony of witnesses or from written assurances 
filed by counsel in regard to his personal conduct), — 

(A) That a principal representative or attorney of the 
employees or labor organizations participating in such dispute 
was informed of the time and place at which the application 
for a temporary restraining order would be presented suffi- 
ciently in advance to appear in opposition thereto ; or 

(B) That the complainant made every reasonable effort 
to comply with paragraph (A) but was unable so to do; 
provided, however, that notification by mail alone shall not 
be deemed comphance with this section without proof of 
receipt. 

Such testimony or written assurances shall set forth in 
detail the manner in which the complainant complied with 
paragraph (A) or (B) and shall be made part of the record 
in the case. If the defendants appear in opposition to the 
application for a temporary restraining order they shall be 
afforded an opportunity to cross-examine the complainant's 
witnesses at such length as is reasonable under the circum- 
stances and a like opportunity to introduce evidence in 



Acts, 1950. — Chap. 452. 309 

opposition thereto. Such a temporary restraining order shall 
be effective for no longer than five days and shall become 
void at the expiration of said five days and shall not be 
subject to renewal. No temporary restraining order or pre- 
liminary injunction shall be issued except on condition that 
the complainant shall first file an undertaking with adequate 
security in an amount to be fixed by the court sufficient in 
its opinion to recompense those enjoined for any loss, ex- 
pense or damage caused by the improvident or erroneous 
issuance of such order or injunction, including all reasonable 
costs (together with a reasonable attorney's fee) and expense 
of defense against the order or against the granting of any 
injunctive relief sought in the same proceeding and subse- 
quently denied by the court. 

Section 4. Said chapter 149 is hereby further amended ^^^ ^^er 
by striking out section 24, as amended by chapter 272 of etc!, 'amended. ' 
the acts of 1933, and inserting in place thereof the following 
section : — Section 2Jf.. No person shall be punished crimi- Peaceful 
nally, or held liable or answerable in any action at law or pena"fzMnn°°* 
suit in equity, for persuading or attempting to persuade, by course of cer- 
pnntmg or otherwise, any other person to do anythmg, or trade disputes. 
to pursue any fine of conduct not unlawful or actionable or 
in violation of any marital or other legal duty, unless such 
persuasion or attempt to persuade is accompanied by injury 
or threat of injury to the person, property, business or occu- 
pation of the person persuaded or attempted to be per- 
suaded, or by disorder or other unlawful conduct on the 
part of the person persuading or attempting to persuade, or 
is a part of an unlaw^ful labor dispute or unlawful secondary 
boycott, or is a part of an unlawful or actionable conspiracy 
and not a part of a lawful labor dispute, nor for attending in 
the course of a lawful labor dispute, at any place where such 
person or persons may lawfully be, for the purpose of peace- 
fully obtaining or communicating information or of so per- 
suading or attempting to persuade. 

Section 5. Nothing contained in this act shall be deemed 
to affect the interpretation or application of chapter one 
hundred and fifty A of the General Laws. 

Section 6. If any provision of this act or the application 
thereof to any person, court or circumstances is held un- 
constitutional or otherwise invalid, the remaining provisions 
of the act and the application of such provisions to other 
persons, courts or circumstances shall not be affected thereby. 

Section 7. All acts and parts of acts in conflict with the 
provisions of this act are hereby repealed and this act shall 
be construed liberally in aid of its purpose which is to limit 
and curtail the use of injunctions in labor disputes. 

Approved May U, 1950. 



310 Acts, 1950. — Chaps. 453, 454. 



ChavAdS ^^ ^^'^ relative to payment of physicians for reports 

FURNISHED TO THE DEPARTMENT OF LABOR AND INDUS- 
TRIES. 

Be it enacted, etc., as follows: 

G. L. (Ter Chapter 149 of the General Laws is hereby amended by 

etc., "amended. ' Striking Gilt section 11, as amended by chapter 328 of the 
acts of 1935, and inserting in place theieof the following 
Physicians' scction I — Sectton 11. The department may require every 
fo?°r^^lted. physician treating a patient whom he beheves to be suffer- 
ing from any ailment or disease contracted as a result of the 
nature, circumstances or conditions of the patient's em- 
ployment to report such information relating thereto as it 
may require, within such time as it may fix, and it may 
issue a list of such diseases which shall be regularly reported 
upon by physicians, and may add to or change such hst at 
any time. The department shall pay no fee for such report. 
Copies of all such reports and all statistics and data com- 
piled therefrom shall be kept by it, and shall be furnished 
on request to the department of industrial accidents and 
the department of public health. No such report shall be 
subject to summons nor shall its contents be made public. 

Approved May 11, 1950. 



Chav 454 ^ -^^"^ increasing the fee for filing notices of cer- 

TAIN liens upon MERCHANDISE AND OF CERTIFICATES 
RELATING TO THE DISCHARGE THEREOF. 

Be it enacted, etc., as follows: 

0. L. (Ter. SECTION 1. Section 42 of chapter 255 of the General 

etc.amfnded!^' Laws, as amended by section 3 of chapter 273 of the acts of 
1947, is hereby further amended by striking out the last sen- 
tence and inserting in place thereof the following sentence: 
Fee. — 'j;]^Q fgg fQj. filing any such notice shall be three dollars. 

G. L. (Ter. SECTION 2. Section 44 of said chapter 255, as amended 

etoi! 'amended*' by scction 5 of Said chapter 273, is hereby further amended 
by striking out, in line 11, the words "one dollar" and in- 
serting in place thereof the words: — three dollars, — so as 
Discharge to read as follows: — Section 44- Upon the payment or 
tk)n oni'en!'' Satisfaction of the indebtedness secured by an}^ lien specified 
in sections forty to forty-seven, inclusive, the factor or his 
legal representative, upon the request of any person interested 
in the said merchandise shall sign and acknowledge a cer- 
tificate setting forth such payment or satisfaction. The 
state secretary and the city or town clerk shall severally, on 
receipt of such certificate, or a copy thereof, certified as re- 
quired by law, file the same in the file in which the original 
Fee. notice of lien was entered. The fee for filing such certificate 

of discharge shall be three dollars. All notices of lien shall 
be deemed to be and remain in full force and effect under 
said sections without further or other filing until the certifi- 



Acts, 1950. — Chaps. 455, 456, 457. 311 

cate or certificates of discharge, or certified copies thereof, 
shall have been filed as hereinbefore provided. 

Approved May 11, 1950. 

An Act increasing the salaries of the superintendent ChapA55 

AND assistant SUPERINTENDENTS OF SUFFOLK COUNTY 
COURT HOUSE. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law, the annual 
salary of the superintendent of Suffolk county court house 
shall be fifty-five hundred dollars, and the annual salary of 
each assistant superintendent thereof shall be forty-five hun- 
dred dollars. Approved May 11, 1950. 



An Act authorizing the town of dighton to borrow 
money for school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a school 
building and of originally equipping and furnishing the same, 
the town of Dighton 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, 
Dighton School Building Loan, Act of 1950. 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 fort^^-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 15, 1950. 

An Act authorizing the town of Hudson to borrow 
money for school purposes. 

Be it enacted, etc., as follows: 

Section L For the purposes of acquiring land and for 
the construction of a new high school, or for an addition to 
the present high school, and for originally equipping and 
furnishing said building or addition, the to\vn of Hudson 
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, eight hundred 
thousand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, Hudson 
School Loan, Act of 1950. Each authorized issue shall con- 
stitute a separate loan and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness in- 



C/iap.456 



ChapA57 



312 Acts, 1950. — Chaps. 458, 459, 460. 

curred under this act shall be in excess of the statutory limit 
and shall, except as provided herein, be subject to chapter 
forty-four of the General Laws, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 
Section 2. This act shall take effect upon its passage. 

Approved May 15, 1950. 

ChapA5S An Act authorizing the city of lynn to reimburse 

DORIS C. WORMELL FOR CERTAIN EXPENSES INCURRED 
BY HER ON ACCOUNT OF INJURIES SUSTAINED BY HER SON 
IN THE GYMNASIUM OF LYNN CLASSICAL HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of Ljoin, by its school committee, may in- 
clude in and pay out of school funds under the Lynn school 
pro rata law, so called, to Doris C. Wormell, a sum not to 
exceed three thousand dollars to reimburse her for expenses 
of medical care and hospital expenses incurred by her on ac- 
count of injuries sustained on May tenth, nineteen hundred 
and forty-nine, by her minor son, Gordon Wormell, in the 
gymnasium of Lynn Classical High School. 

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

Approved May 15, 1950. 

Chap. 4:59 An Act to require a uniform color for school buses. 

Be it enacted, etc., as follows: 

G L. (Ter SECTION 1. Scctiou 7B of chapter 90 of the General 

etc!, amended.' Laws, inserted by section 1 of chapter 241 of the acts of 

1945, is hereby amended by inserting after the word "passen- 

uniform color gcrs ", iu liuc 20, the following clause: — ; (6) Each school 

|"JJg''"°' bus body shall be painted a yellowish orange color similar 

to what is commonly known as "National School Bus 

Chrome", except that fenders and trim may be black. This 

requirement shall not apply to a motor vehicle operated 

under a certificate issued under section seven of chapter one 

hundred and fifty-nine A and a permit issued under section 

eight of said chapter. 

Effective SECTION 2. This act shall take effect as to all new school 

buses on January first, nineteen hundred and fifty-one, and 

as to all school buses on January first, nineteen hundred 

and fifty-three. Approved May 15, 1950. 

ChapAQO An Act increasing the credit given to a prisoner 

CONFINED for NON-PAYMENT OF A FINE. 

Be it enacted, etc., as folloivs: 

Ed )' ^'^'^5 144 Section 144 of chapter 127 of the General Laws, as appear- 
araended! ' ing in the Tercentenary Edition, is hereby amended by 
striking out, in line 3, the words "fifty cents" and in- 
serting in place thereof the words : — one dollar, — so as 
Discharge of ^q j.Qr^(\ j^s follows." — Scction lAA. A prisoncr confined in a 

pnsonerB com- ^ ^ '^ 



Acts, 1950. —Chaps. 461, 462. 313 

prison or place of confinement for non-payment of a fine mitted for 
or a fine and expenses shall be given a credit of one dollar Cf'nmN^""^"* 
on such fine or fine and expenses for each day during which 
he shall be so confined, and shall be discharged at such time 
as the said credits, or such credits as have been given and 
mone}' paid in addition thereto, shall equal the amount of 
the fine or the fine and expenses; and in such case no further 
action shall be taken to enforce payment of said fine or fine 
and expenses. Approved May 15, 1950. 

An Act st^bjectixg certain employees of the division (Jfiaj) 4Q1 
OF employment security to the civil service laws. 

Be it enacted, etc., as follows: 

Chapter 773 of the acts of 1949 is hereby amended by 
striking out, in lines 2, 3 and 4, the words "and was trans- 
ferred therefrom to the division of employment security on 
November sixteenth, nineteen hundred and forty-six" and 
inserting in place thereof the words : — on November 
fifteenth, nineteen hundred and forty-six and was trans- 
ferred therefrom to the division of employment security, — 
so as to read as follows: — Any person who was in the 
employ of the United States employment service on Novem- 
ber fifteenth, nineteen hundred and forty-six and was 
transferred therefrom to the division of employment security 
and was in the employ of said division on May first, nineteen 
hundred and forty-nine in a position classified under the 
civil service laws, shall be deemed to be permanently ap- 
pointed to said position without serving any probationary 
period, and his tenure of office shall be unlimited, subject, 
however, to the civil service laws and rules; provided, that 
he passes a qualifying examination to which he shall be 
subjected by the division of civil service. 

Approved May 15, 1950. 

An Act relative to natural gas pipe line companies. Qhav 462 
Be it enacted, etc., as follows: 

Chapter 164 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 75 A. as appearing in the Tercentenary new'§§'V^5B— 
Edition, the three following sections, under the caption 75d, added. 

NATURAL GAS PIPE LINE COMPANIES: — 

Section 75 B. Any corporation organized under the laws Natural gas 
of the commonwealth which shall desire to construct and companies 
operate a natural gas pipe line situated wholly within the 
commonwealth may qualify to do business within the com- 
monwealth as a natural gas pipe line company after hearing 
upon a petition filed with the department and after the de- 
partment has determined that such facilities are necessary 
for the purpose alleged and will serve the public convenience 
and is consistent with the public interest. Any corporation 
organized under the laws of the commonwealth or of any 
other state or of the United States which holds a certificate 



314 



Acts, 1950. — Chap. 462. 



Company 
may petition 
for right to 
take by emi- 
nent domain. 

Hearing, etc. 



of public convenience and necessity issued under the pro- 
visions of the federal "Natural Gas Act", approved June 21, 
1938, authorizing it to construct a natural gas transmission 
line and appurtenant facilities within the commonwealth, shall 
be considered as a natural gas pipe line company within the 
meaning of this chapter upon filing with the department a 
certified copy of such certificate. 

Section 75C. Any natural gas pipe line company may 
petition the department for the right to exercise the power 
of eminent domain under chapter seventy-nine. It shall file 
with such petition a general description of such pipe line 
and a map or plan thereof showing the rights of way, ease- 
ments and other interests in land or other property which it 
is proposed to be taken for such use, the towns through 
which such pipe line will pass, the public ways, railroads, 
railways, navigable streams and tide waters in the tOAMi or 
towns named in said petition which it will cross and the ex- 
tent to which it will be located upon private land and upon, 
under or along public ways, lands and places. Upon the 
filing of such petition, the department, after such notice as 
it may direct, shall give a pubhc hearing or hearings in one 
or more of the towns through which the pipe line is intended 
to pass and may, by order, authorize the company to take by 
eminent domain under chapter seventy-nine such lands or 
such rights of way, easements or other interests in land or 
other property necessary for the construction, operation, 
maintenance, alteration and removal of such pipe line, com- 
pressor stations, appliances, appurtenances and other equip- 
ment along the route described in the order of the department. 
The department shall transmit a certified copy of its order 
to the company and the clerk of each such town. The com- 
pany may, at any time before such hearings, change or 
modify the whole or a part of the route of said pipe line, 
either of its own motion or at the instance of the department 
or otherwise, and, in such case, shall file with the department 
maps, plans and estimates as aforesaid showing such changes. 
If the department dismisses the petition at any stage in said 
proceedings, no further action shall be taken thereon, but 
the company may file a new petition after the expiration of 
a year from such dismissal. 

Wlien a taking under this section is effected, the company 
may forthwith, except as hereinafter provided, proceed to 
construct, install, maintain and operate thereon said pipe 
line. If the company shall not enter upon and construct such 
line upon the land so taken within one year thereafter, its 
right under such taking shall cease and determine. No lands 
or rights of way or easements therein shall be taken by 
eminent domain under the provisions of this section in any 
public way, public place, park or reservation, or within the 
location of any railroad, electric railroad or street railway 
company, except that such pipe line may be constructed 
under any public way or any way dedicated to the public 
use; provided that the rights granted hereunder shall not 



Acts, 1950. — Chap. 463. 315 

affect the right or remedy to recover damages for an injury- 
caused to persons or property by the acts of such company, 
and that such company shall put all such streets, lanes and 
highways in as good repair as they were when opened by such 
company and the method of such construction and the plans 
and specifications therefor have been approved either gen- 
erally or in any particular instance by the department or, 
in the case of state highways, by the department of public 
works; and provided further, that natural gas pipe line 
companies may construct such lines under, over or across 
the location on private land of any railroad, electric railroad 
or street railway corporation subject to the provisions of 
section seventy-three. Rights of way, buildings, structures 
or lands to be used in the construction of such pipe lines over 
or upon the lands referred to therein shall be governed by 
the provisions of section thirty-four A of chapter one hundred 
and thirty-two and section twenty-six of chapter forty. 

Section 75D. The provisions of section seventy-two A 
shall be applicable to natural gas pipe hne companies. 

Approved May 16, 1950. 



ChapAQS 



An Act relative to the definition of "employer" in 

GROUP life insurance. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of the three paragraphs g. l. (Ter. 
of section 134 of chapter 175, inserted by section 4 of chap- ^.'^'amfnded* 
ter 362 of the acts of 1938, and amended by section 2 of 
chapter 676 of the acts of 1949, is hereby further amended 
by inserting after the word "section" the first time it appears 
in line 1 the words: — , section one hundred and thirty- 
four A, — so as to read as follows: — The word "employer", "Employer" 
as used in this section, section one hundred and thirty-four A ^ ° " 
and section one hundred and thirty-seven, shall include a 
trade union or association of wage workers, a financial or 
other institution including subsidiary or affiliated institu- 
tions, a vendor of any property, an association of state, 
county or municipal employees, and the trustees of a fund 
established as provided in clause (e) of section one hundred 
and thirty-three, in the case of a policy issued under clause 
(b), (c), (d) or (e), respectively, of section one hundred and 
thirty-three. The word "employee", as used in this section "Employee" 
and section one hundred and thirty-five, shall include a ^^efined. 
member of such a trade union or association, and, as used 
in this section, shall include a borrower from such a financial 
or other institution including subsidiary or affiliated institu- 
tions, and a purchaser from such a vendor. 

Section 2. Said section 134 of said chapter 175 is hereby g. l. (Ter. 
further amended by adding after the second of the three fiaVJtc 
paragraphs inserted by said section 4 of chapter 362 of the further 
acts of 1938, the following paragraph: — ^"^" 

Any policy issued under section one hundred and thirty- same subject. 
three may provide that the term "employee" shall include 



316 Acts, 1950. — Chaps. 464, 465, 466. 

retired employees and the partners or individual proprietors, 
if an employer is a partnership or an individual proprietor, 
and if such partners or proprietors are actively engaged in 
and devote a substantial part of their time to the conduct 
of the business of the proprietor or partnership. 

Approved May 17, 1950. 

ChavA64: -^^ ^^^ further extending the existence of the central 

CREDIT UNION FUND, INC. 

Be it enacted, etc., as follows: 

Section 7 of chapter 216 of the acts of 1932, as amended 
by chapter 177 of the acts of 1941, is hereby further amended 
by striking out, in line 2, the word "twenty" and inserting 
in place thereof the word : — thirty, — so as to read as 
follows : — Section 7. This act shall be operative for a 
period of thirty years from its effective date, and at the 
expiration of said period the corporation shall be liquidated 
in such manner as the commissioner of banks shall prescribe. 

Approved May 17, 1950. 

ChaV.4:Q5 ^^ ^'^^ relative to the civil SERVICE STATUS OF CERTAIN 
EMPLOYEES IN THE DEPARTMENT OF CORPORATIONS AND 
TAXATION. 

prTambre^^ Whereas, The deferred operation of this act would exclude 

from its benefits certain persons who are equitably entitled 
thereto, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Any provision of general or special law to the contrary 
notwithstanding, any employee in the department of cor- 
porations and taxation, who, upon the effective date of this 
act has had permanent civil service status in said depart- 
ment for five or more years and who is presently serving in 
a position to which he was temporarily transferred one or 
more years prior to the effective date of this act, shall be 
considered eligible to take the next competitive promotional 
examination for said position, which examination shall 
also be open to all employees who have had permanent civil 
service status in the department for five or more years and 
who have status in equal or higher grade for one or more 
years to those employees temporarily transferred, as well 
as to those employees who are eligible for such examination 
under the provisions of chapter thirty-one of the General 
Laws. Approved May 22, 1950. 

Chap.4iQQ An Act authorizing the town of Westminster to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land and con- 
structing an addition to the Philip H. Loughlin School 



Acts, 1950. — Chaps. 467, 468. 317 

building, and originally equipping and furnishing said addi- 
tion, the town of Westminster 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, Westminster School Addition Loan, Act of 1950. 
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 take effect upon its passage. 

Approved May 22, 1950. 

An Act extending the time within which the town of ChapAQ7 

MILLBURY MAY BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section L Section 1 of chapter 505 of the acts of 1946 
is hereby amended by striking out, in line 4, the word "four" 
and inserting in place thereof the word: — six, — so as to 
read as follows: — Section 1. For the purposes of acquiring 
land and constructing thereon a school building, and of 
originally equipping and furnishing such building, the town 
of Millbury may borrow from time to time, within a period of 
six years from the passage of this act, such sums of money 
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, Millbury 
School Loan, Act of 1946. Each authorized issue shall 
constitute a separate loan and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit 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 22, 1950. 

An Act authorizing the town of Arlington to appro- C/iap. 468 

PRIATE and pay a sum of money to MARY DERANANIAN 

and zarman mouradian, administratrices of the 
estate of kevork h. mouradian. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation the town of Arlington may appropriate and pay a sum, 
not to exceed five thousand dollars, to Mary DerAnanian 
and Zarman Mouradian, the administratrices of the estate 



318 Acts, 1950. — Chaps. 469, 470, 471. 

of Kevork H. Mouradian, who died on January ninth, nine- 
teen hundred and forty-two, as a result of being struck by 
a motor vehicle owned by the town of Arlington, and then 
being operated by an employee of said town. 

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

Approved May 22, 1950. 

ChapAQ9 An Act reviving union metal works, inc. 

Emergency Whereas, The deferred operation of this act would delay 

preamble. , ' . • i i i • • i • e 

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

Be it enacted, etc., as follows. • 

Union Metal Works, Inc., a corporation dissolved on 
December twenty-second, nineteen hundred and forty-three, 
by the supreme judicial court for Suffolk county, is hereby 
revived and continued for a period of six months for the sole 
purpose of conveying and transferring certain property of the 
corporation. Approved May 22, 1950. 

ChavA70 An Act designating the state highway between haver- 
hill AND THE NEW HAMPSHIRE STATE LINE AS THE JOHN 
GREENLEAF WHITTIER HIGHWAY. 

Be it enacted, etc., as follows: 

The state highway from Newton road in the city of Haver- 
hill and continuing through the towns of Merrimac and 
Amesbury to the New Hampshire state line shall be known 
and designated as the John Greenleaf Whittier Highway, 
and suitable markers bearing said designation shall be erected 
along said highway by the state department of public works. 

Approved May 22, 1950. 

Chap. ^11 An Act relative to the exemption of certain vehicles 

FROM THE provisions OF THE COMPULSORY MOTOR VE- 
HICLE LIABILITY INSURANCE LAW. 

Be it enacted, etc., as follows: 

Ed)'"9o'*j"iA Chapter 90 of the General Laws is hereby amended by 
etc!. 'amended.' striking out sectiou lA, as most recently amended by sec- 
tion 1 of chapter 572 of the acts of 1948, and inserting in 
Certain motor placc thereof the following section : — Section lA . No motor 
vehicles exempt vehicle or trailer, except one owned by a person, firm or cor- 

from com- . ' ^ . p ^ • ^ -i- -jj. 

puisory insur- poration, for the operation of which security is required to 
be furnished under section six of chapter one hundred and 
fifty-nine A, or one owned by a person, firm or corporation 
subject to the supervision and control of the department of 
public utilities, as to which said department has issued a 
certificate as hereinafter described, or one owned by a street 
railway company under public control, or by the common- 
wealth or any political subdivision thereof, shall be regis- 



ance law. 



Acts, 1950. — Chap. 472. 319 

tered under sections two to five, inclusive, unless the appli- 
cation therefor is accompanied by a certificate as defined in 
section thirt3'-four A. Said department shall issue a certifi- 
cate hereinabove mentioned upon the filing of a bond, satis- 
factory to the department in form and amount, covering all 
motor vehicles of the obligor for which application for regis- 
tration may be made, containing the condition of a motor 
vehicle liability bond, as defined in section thirty-four A, ex- 
cept as to amount, which bond shall, upon a showing to said 
department's satisfaction of the obligor's financial ability, be 
without surety. Such a certificate shall also be issued by 
said department upon presentation to it of satisfactory evi- 
dence of adequate personal injury liability insurance pro- 
viding indemnity or protection equal to motor vehicle lia- 
bility policies, as defined in said section thirty-four A. Such 
certificate, when issued by said department, shall be filed 
with the registrar. Ambulances owned and operated by any 
hospital or other institution or association supported wholly 
or in part by public or private donations for charitable pur- 
poses, and motor vehicles and trailers used by the fire or 
police department of any city or town or park board solely 
for the official business of such department or board shall not 
be subject to the requirements of this section. 

Approved May 22, 1950. 

An Act authorizing medical service corporations to QJid^y 472 

CONTRACT AND PAY FOR SURGICAL AND DENTAL SERVICES. 

Be it enacted, etc., as follows: 

Chapter 176B of the General Laws is hereby amended by g. l. (Ter. 
striking out section 4, as appearing in chapter 306 of the etc!; amended. ' 
acts of 1941, and inserting in place thereof the following: — 
Section 4. Any medical service corporation may enter into Contracts to 
contracts with its subscribers and with participating physi- surgfcai'^nd"^'^ ' 
cians and dentists, licensed under the laws of the common- '^«'°*^^' services. 
wealth for such medical and surgical services as may lawfully 
be rendered by them to the subscribers and may pay for such 
services. A contract with a subscriber may provide for the 
medical and surgical care of any dependents of the subscriber 
named therein. The form of subscription certificate and of 
agreement with participating physicians and dentists, the 
rates charged by such corporation to the subscribers and the 
rates at which participating physicians and dentists are com- 
pensated for their services to the subscribers or to covered 
dependents, shall at all times be subject to the written ap- 
proval of the commissioner. Acquisition costs in connection 
with the solicitation of subscribers and costs of administration 
shall at all times be limited to such amounts as the commis- 
sioner shall approve. Approved May 22, 1950. 



320 Acts, 1950. — Chaps. 473, 474. 



ChapA73 An Act further regulating closing out and similar 

TYPES OF SALES. 

Be it enacted, etc., as follows: 

EdV'oJ'^s^sA Chapter 93 of the General Laws is hereby amended by 
etc!, 'amended. ' Striking out section 28 A, as most recently amended by sec- 
tion 8 of chapter 550 of the acts of 1948, and inserting in 
Fee for filing place thereof the following section : — Section 28 A . No 

invent ory 

prior to person shall offer for sale a stock of goods, wares or merchan- 

safe°\"e^c°"* disc Under the designation of "closing out sale", "going out 
of business sale", "discontinuance of business sale", "re- 
moval sale", or other designation of like meaning, in any 
city or town at any place, without having first filed with the 
clerk of such city or town prior to the opening of such sale 
and paid the fee provided by clause (69) of section thirty-four 
of chapter two hundred and sixty-two, a complete and de- 
tailed inventory of all items to be included in such sale, which 
inventory shall include only goods, wares and merchandise 
actually in the place of business, wherein or whereat such 
sale is to be conducted, at the opcnmg of the sale, nor with- 
out having first filed with said clerk a good and sufficient 
bond, payable to the city or town, in the penal sum of one 
thousand dollars, with sureties approved by the mayor or 
selectmen or by a justice of the district court in whose judi- 
cial district is situated the city, town or ward in which such 
sale is to be conducted, conditioned upon compliance with 
sections twenty-eight A and twenty-eight B ; provided, that, 
after a change of ownership of the whole of such stock, or of 
the entire balance of such stock, in case a portion thereof has 
already been so sold, no person shall carry on such sale until 
the new owner of such stock or balance shall have filed with 
the city or town clerk an inventory and bond as hereinbefore 
provided except when such sale is to be carried on at a usual 
place of business of such new o\\Tier which he has maintained 
for at least one year. Upon request of the principal of any 
bond given in connection with such a sale, the clerk of the 
city or town shall surrender such bond, if he is satisfied that 
the sale has ended, that all signs relating to such sale have 
been removed and that there has been no breach of the con- 
dition of the bond. Upon the filing of the inventory with 
the clerk, as required by this section, there shall also be filed 
the final date of the proposed sale and no sales shall be made 
after such date except in bulk to a new owner. Any adver- 
tising relating to such sales shall prominently state the final 
date of said sale. Approved May 22, 1950. 

ChavA74: An Act authorizing Suffolk university to confer the 

DEGREE OF DOCTOR OF LAWS. 

Be it enacted, etc., as follows: 

Suffolk University, established by chapter two hundred 
and thirty-seven of the acts of nineteen hundred and thirty- 
• seven, is hereby empowered to confer the degree of doctor of 
laws. Approved May 22, 1950. 



Acts, 1950. — Chap. 475. 321 

An Act relative to the transaction of insurance busi- 
ness WITHIN the commonwealth BY FOREIGN COM- C/lttp. 475 
PANIES. 

Be it enacted, etc., as folloios: 

Section 1. Chapter 175 of the General Laws is hereby g^l. (Ter. 
amended bv striking out section 54B, as amended by chapter § 541?. etc., 
285 of the acts of 1946, and inserting in place thereof the fol- '^^^e'^ded. 
lowing: — Section 54B. Any company authorized to trans- Authority to 
act the kinds of business specified in any one of the first, wn>"certain 
second, fourth, sixth or twelfth clauses of section forty- polices. 
seven may, except with respect to policies of life and endow- 
ment insurance and contracts for the payment of annuities 
and pure endowments, reinsure risks of every kind or de- 
scription and may write any and all kinds of insurance other 
than the policies and contracts hereinbefore excluded; pro- 
vided, that it maintains a surplus to policyholders, including 
any guaranty capital, of not less than one million dollars; 
and provided, further, that any foreign mutual company 
which is not permitted by the laws of its domicihary state to 
establish or maintain a guaranty capital may transact busi- 
ness under this section provided it maintains a surplus to 
policyholders of not less than one million, two hundred 
thousand dollars unimpaired on the basis fixed by sections 
ten to twelve, inclusive, and has made a deposit in an amount 
and subject to the conditions specified in subdivision (3) (c) 
of clause Second of section one hundred and fifty-one. 

Section 2. Clause Second of section 151 of said chapter g. l. (Ter. 
175 is hereby amended by striking out subdivision (.3) (c), f igj/Jta, 
as amended by section 7 of chapter 488 of the acts of 1939, amended. ' 
and inserting in place thereof the following: — 

(c) , if it proposes to transact business under the sixth Conditions of 

t r • T , • r 1 I 1 i admission of 

clause of said section forty-seven, net cash assets, so com- foreign com- 
puted, of not less than two hundred thousand dollars, or p^u'es. 
net cash assets, so computed, of not less than one hundred 
thousand dollars and contingent assets of not less than four 
hundred thousand dollars; provided, that before transact- 
ing business under subdivision (h) of said sixth clause it 
shall have made a deposit with the state treasurer or with 
the proper board or officer of some other state in the United 
States in exclusive trust for the benefit and security of all its 
policyholders in the United States in an amount and subject 
to the conditions specified in section ninety-three, and it 
shall in addition have (1) a fully paid-up guaranty capital 
established in accordance with the laws of its home state of 
two hundred thousand dollars or (2) if the company is not 
permitted by the laws of its domiciliary state to establish or 
maintain a guaranty capital, a surplus to policyholders of 
not less than one million dollars unimpaired on the basis 
fixed by sections ten to twelve, inclusive. 

Section 3. Said clause Second of said section 151 is a l. (Ter. 
hereby further amended by striking out subdivision (3) (/). Hsi, etc., 
as amended by section 8 of said chapter 488, and inserting amended. 



322 Acts, 1950. — Chaps. 476, 477. 

subject ^^ place thereof the following: — (/), if it proposes to trans- 

act business under any two or more of the fourth, fifth, sixth, 
seventh, eighth, ninth, tenth, twelfth and thirteenth clauses 
of said section forty-seven, net cash assets, computed as 
aforesaid, at least equal to the amount of capital required 
by said sections forty-eight and fifty-one of a domestic stock 
company transacting the same classes of business, or net 
cash assets, computed as aforesaid, of not less than seventy- 
five thousand dollars and contingent assets of not less than 
one hundred and fifty thousand dollars, for each clause 
under which it proposes to transact business; provided that 
it shall in addition thereto have the guaranty capital or 
guaranty fund and net cash assets required by (6) hereof if 
it proposes to transact business under said fourth clause, 
and in addition thereto the net cash or net cash and con- 
tingent assets required by (c) hereof if it proposes to transact 
business under said sixth clause, and, if it proposes to trans- 
act business under subdivision (b) of said sixth clause, it has 
made the deposit and in addition thereto has either (1) the 
guaranty capital or (2) if it is not permitted by the laws of 
its domiciliary state to establish or maintain a guaranty 
capital, the surplus to policyholders required by (c) hereof; 

Approved May 22, 1950. 

ChapA7Q An Act authorizing the city of Cambridge to pay a 

CERTAIN SUM OF MONEY TO CATHERINE BURKE. 

Be it enacted, etc., as follows: 

Notwithstanding any provisions of section ninety-one of 
chapter thirty-two of the General Laws, the city of Cam- 
bridge is hereby authorized to pay to Catherine Burke, a 
retired employee of the health department of said city, the 
sum of two hundred and twenty-seven dollars and fifty-six 
cents for work performed during the period from October 
first through December fifth, nineteen hundred and forty- 
eight, as an intermittent relief telephone operator at the 
Cambridge City Hospital. Approved May 22, 1950. 

Chap.477 An Act providing for the construction of a new bridge 

AT HUMAROCK BETWEEN THE TOWNS OF MARSHFIELD AND 
SCITUATE. 

Be it enacted, etc., as follows: 

The towns of Marshfield and Scituate are hereby author- 
ized to construct a new bridge, without a draw, atHumarock 
between the towns of Marshfield and Scituate, to take the 
place of the existing bridge thereat. Said bridge shall be 
constructed in accordance with plans approved by the state 
department of public works, and the work on said bridge 
shall be supervised by said department. 

Approved May 22, 1950. 



Acts, 1950. — Chaps. 478, 479. 323 

An Act repealing an act providing for the transporta- QJiqj) 47§ 

TION OF private SCHOOL PUPILS TO AND FROM SCHOOL. 

Be it enacted, etc., as folloivs: 

Clause 2 of section 5 of chapter 40 of the General Laws, o i> (Tor. 
as most recently amended by chapter 390 of the acts of 1936, etc^.'aiii'eiuied. 
is hereby further amended by striking out the last sentence 
thereof so as to read as follows : — 

(2) For the support of public schools authorized or re- Transportation 
quired by law, and for conveying pupils to and from the sch'Jirpupiis. 
public schools, or, if it maintains no high school or public 
school of corresponding grade, but affords high school in- 
struction by sending pupils to other towns, for the necessary 
transportation expenses of such pupils, the same to be ex- 
pended by the school committee in its discretion. 

Approved May 22, 1950. 

An Act changing the name of the Massachusetts fair Qhnqj 479 
employment practice commission to the massachu- ^' 

SETTS commission AGAINST DISCRIMINATION AND RELATIVE 
TO ITS POWERS AND DUTIES. 

Be it enacted, etc., as foUows: 

Section 1. Section 17 of chapter 6 of the General Laws, o. l. (Ter. 
as most recently amended by section 1 of chapter 637 of fil'lamlndl'd. 
the acts of 1948, is hereby further amended by striking out, 
in lines 12 and 13, the words "Massachusetts fair employ- 
ment practice commission" and inserting in place thereof 
the words : — Massachusetts commission against discrimi- 
nation. 

Section 2. Section 56 of said chapter 6, as amended, is o. l. (Ter. 
hereby further amended by striking out, in lines 2 and 3, as ^t^;)'ameVdtd. 
appearing in section 3 of chapter 368 of the acts of 1946, the 
words "Massachusetts Fair Employment Practice Com- 
mission" and inserting in place thereof the words: — Massa- 
chusetts Commission Against Discrimination, — and by 
striking out the caption immediately preceding said section 
56 and inserting in place thereof the following: — Massa- 
chusetts Commission Against Discrimination. 

Section 3. Chapter 272 of the General Laws is hereby o. l. (Ter. 
amended by striking out section 98, as amended by chapter ^tc.'! 'amended^' 
138 of the acts of 1934, and inserting in place thereof the 
following: — Section 98. Whoever makes any distinction, coiororrace 
discrimination or restriction on account of religion, color or ^''^frimiMtion. 
race, except for good cause applicable alike to all persons of "^"^ ^' 
every religion, color and race, relative to the admission of 
any person to, or his treatment in. any place of public ac- 
commodation, resort or amusement, as defined in section 
ninety-two A of chapter two hundred and seventy-two, or 
whoever aids or incites such distinction, discrimination or 
restriction, shall be punished by a fine of not more than 
three hundred dollars or by imprisonment for not more 



324 



Acts, 1950. — Chap. 479. 



G. L. (Ter. 
Ed.). 151B, § 5, 
etc., amended. 



Filing of com- 
plaint by 
aggrieved 
persona. 



Complaints, 
investigation 
of, etc. 



than one year, or both, and shall forfeit to any person ag- 
grieved thereby not less than one hundred nor more than 
five hundred dollars; but such person so aggrieved shall 
not recover against more than one person by reason of any 
one act of distinction, discrimination or restriction. All 
persons shall have the right to the full and equal accom- 
modations, advantages, facilities and privileges of any place 
of public accommodation, resort or amusement, subject only 
to the conditions and limitations established by law and 
applicable alike to all persons. This right is recognized and 
declared to be a civil right. 

Section 4. Chapter 151B of the General Laws is hereby 
amended by striking out section 5, as appearing in section 4 
of chapter 368 of the acts of 1946, and inserting in place 
thereof the following: — Section 5. Any person claiming to 
be aggrieved by an alleged unlawful emploj^ment practice or 
alleged violation of clause (e) of section twenty-six FF of 
chapter one hundred and twenty-one or sections ninety- 
two A and ninety-eight of chapter two hundred and seventy- 
two may, by himself or his attorney, make, sign and file 
with the commission a verified complaint in writing which 
shall state the name and address of the person, employer, 
labor organization or employment agency alleged to have 
committed the unlawful employment practice complained 
of or the violation of said clause (e) of said section twenty- 
six FF or said sections ninety-two A and ninety-eight and 
which shall set forth the particulars thereof and contain such 
other information as may be required by the commission. 
The attorney general may, in like manner, make, sign and 
file such complaint. The commission, whenever it has reason 
to believe that any person has been or is engaging in an 
unlawful employment practice or violation of said clause (e) 
of said section twenty-six FF or said sections ninety-two A 
and ninety-eight, may issue such a complaint. Any em- 
ployer whose employees, or some of them, refuse or threaten 
to refuse to co-operate with the provisions of this chapter, 
may file with the commission a verified complaint asking 
for assistance by conciliation or other remedial action 

After the filing of any complaint, the chairman of the 
commission shall designate one of the commissioners to make, 
with the assistance of the commission's staff, prompt investi- 
gation in connection therewith; and if such commissioner 
shall determine after such investigation that probable cause 
exists for crediting the allegations of the complaint, he shall 
immediately endeavor to eliminate the unla\\'ful employment 
practice complained of or the violation of said clause (e) of 
said section twenty-six FF or said sections ninety-two A and 
ninety-eight by conference, conciliation and persuasion. The 
members of the commission and its staff shall not disclose 
what has occurred in the course of such endeavors, provided 
that the commission may publish the facts in the case of 
any complaint which has been dismissed, and the terms of 
conciliation when the complaint has been so disposed of. 



Acts, 1950. —Chap. 479. 325 

In case of failure so to eliminate such practice or violation, 
or in advance thereof if in his judgment circumstances so 
warrant, he may cause to be issued and served in the name 
of the commission, a written notice, together with a copy of 
such complaint, as the same may have been amended, re- 
quiring the person, employer, labor organization or employ- 
ment agency named in such complaint, hereinafter referred 
to as respondent, to answer the charges of such complaint at 
a hearing before the commission, at a time and place to be 
specified in such notice. The place of any such hearing shall 
be the office of the commission or such other place as may 
be designated by it. The case in support of the complaint 
shall be presented before the commission by one of its attor- 
neys or agents, and the commissioner who shall have pre- 
viously made the investigation and caused the notice to be 
issued shall not participate in the hearing except as a wit- 
ness, nor shall he participate in the deliberations of the 
commission in such case; and the aforesaid endeavors at 
conciliation shall not be received in evidence. The respond- 
ent may file a written verified answer to the complaint and 
appear at such hearing in person or otherwise, with or 
without counsel, and submit testimony. In the discretion 
of the commission, the complainant may be allowed to 
intervene and present testimony in person or by counsel. 
The commission or the complainant shall have the power 
reasonably and fairly to amend any complaint, and the 
respondent shall have like power to amend his answer. The 
commission shall not be bound by the strict rules of evidence 
prevailing in courts of law or equity. The testimony taken 
at the hearing shall be under oath and be transcribed at 
the request of any party. If, upon all the evidence at the 
hearing the commission shall find that a respondent has en- 
gaged in any unla\vful employment practice as defined in 
section four or violation of said clause (e) of said section 
twenty-six FF or said sections ninety-two A and ninety- 
eight, the commission shall state its findings of fact and shall 
issue and cause to be served on such respondent an order 
requiring such respondent to cease and desist from such un- 
lawful employment practice or violation of said clause (e) 
of said section twenty-six FF or said sections ninety-two A 
and ninety-eight and to take such affirmative action, in- 
cluding (but not limited to) hiring, reinstatement or upgrad- 
ing of employees, with or without back pay, or restoration 
to membership in any respondent labor organization, as, in 
the judgment of the commission, will effectuate the purposes 
of this chapter or of said clause (e) of said section twenty-six 
FF or said sections ninety-two A and ninety-eight, and in- 
cluding a requirement for report of the manner of compliance. 
If, upon all the evidence, the commission shall find that a 
respondent has not engaged in any such unla'wful employ- 
ment practice or violation of said clause (e) of said section 
twenty-six FF or said sections ninety-two A and ninety-eight, 
the commission shall state its findings of fact and shall issue 



326 



Acts, 1950. — Chap. 479. 



G. L. (Ter. 
Ed.). 121, 
§ 26FF, etc.. 
amended. 



Discrimination 
because of 
race, color, 
etc., pro- 
hibited. 



and cause to be served on the complainant an order dismissing 
the said complaint as to such respondent. A copy of its order 
shall be delivered in all cases to the attorney general and 
such other public officers as the commission deems proper. 
The commission shall establish rules of practice to govern, 
expedite and effectuate the foregoing procedure and its own 
actions thereunder. Any complaint filed pursuant to this 
section must be so filed within six months after the alleged 
act of discrimination. The institution of proceedings under 
this section, or an order thereunder, shall not be a bar to 
proceedings under said sections ninety-two A and ninety- 
eight, nor shall the institution of proceedings under said 
sections ninety-two A and ninety-eight, or a judgment there- 
under, be a bar to proceedings under this section. 

Section 5. Clause (e) of section 26FF of chapter 121 of 
the General Laws, as amended by chapter 51 of the acts of 
1948, is hereby further amended by inserting after the word 
"discrimination", in lines 2, 8 and 9, and 12, in each in- 
stance, the words: — or segregation, — so as to read as 
follows: — (e) There shall be no discrimination or segre- 
gation; provided, that if the number of qualified applicants 
for dwelling accommodations exceeds the dwelling units 
available, preference shall be given to inhabitants of the 
city or towTi in which the project is located, and to the 
families who occupied the dwellings eliminated b}^ demolition, 
condemnation and effective closing as part of the project 
as far as is reasonably practicable without discrimination 
or segregation against persons living in other sub-standard 
areas within the same city or town. For all purposes of this 
chapter, no person shall, because of race, color, creed or 
religion, be subjected to any discrimination or segregation. 

Section 6. Nothing in section one or two shall be deemed 
to affect the terms, powers and duties of any of the present 
members or emploj^ees of the Massachusetts fair employ- 
ment practice commission. 

Section 7. The provisions of this act are severable, and 
if any provision, sentence, clause, section or part thereof 
shall be held illegal, invalid, unconstitutional or inapplicable 
to any person or circumstance, such illegality, invalidity, 
unconstitutionalit}'' or inapplicability shall not affect or im- 
pair any of the remaining provisions, sentences, clauses, 
sections or parts of the act or their application to other per- 
sons and circumstances. It is hereby declared to be the 
legislative intent that this act would have been adopted if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included therein, and if 
the person or circumstances to which this act or any part 
thereof is inapplicable had been specifically exempted there- 
from. Approved May 23, 1950. 



Acts, 1950. — Chap. 480. 327 

An Act making corrections in certain laws relating (JjiQYt Aor\ 
TO co-operative banks. ^ ■ 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose which is to make the provisions thereof P'"'=*'nhie. 
take effect as of the same date as other provisions of law re- 
lating to the same subject, 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 11 of chapter 167 of the General EJj^gy'j ^j 
Laws, as amended by section 2 of chapter 270 of the acts of etc.. 'amended. ' 
1934, is hereby further amended by striking out, in lines 7 
and 8, the word "forty-nine" and inserting in place thereof 
the word: — forty-two, — so as to read as follows: — Sec- Returns, etc., 
tio7i 11. Returns to the commissioner under section twenty- Slstroyed. 
six of chapter one hundred and seventy-two, records of 
examinations of banks made under section two of this 
chapter, certificates or other form of acknowledgment filed 
with the commissioner under section two A of this chapter, 
reports made under section twenty-six of chapter one hun- 
dred and sixty-eight, and reports made under section forty- 
two of chapter one hundred and seventy, may, after six 
years from the date of their receipt, be destroyed or disposed 
of b}' order of their lawful custodian with the approval of the 
commissioner, and any proceeds received in the course of 
their disposal shall be paid to the commonwealth; provided, 
however, that if the commissioner shall have received actual 
notice in writing of any pending judicial proceeding in which 
such returns, records, certificates or other form of acknowl- 
edgment or reports shall be required, such returns, records, 
certificates or other form of acknowledgment or reports shall 
not be destroyed or disposed of until after the final determi- 
nation of such judicial proceeding. 

Section 2. Section 3 of chapter 59 of the acts of 1933 
is hereby amended by striking out the last sentence and 
inserting in place thereof the following sentence : — The 
restrictions imposed in relation to new deposits so received 
by co-operative banks shall apply to all classes of shares and 
accounts referred to in section thirteen of chapter one hun- 
dred and seventy of the General Laws. 

Section 3. Section 51 of said chapter 167 of the General Ss^!!?'". r, 

T , Till 1-1 r ^Q-)' lo7, S Ol. 

Laws, as most recently amended by chapter 101 of the acts of etc., amended. 
1948, is hereby further amended by striking out, in line 42, 
the words "thirty-six A" and inserting in place thereof 
the word: — twenty-three, — so that the last sentence will 
read as follows: — Notwithstanding the foregoing, a trust Banking com- 
company may make mortgage loans hereunder within the malTCns 
geographical limits contained in section thirty-four of chapter fp^erai'h'Jusing 
one hundred and seventy-two, a savings bank may make administrator, 
mortgage loans hereunder within the geographical limits 
contained in clause First of section fifty-four of chapter one 



328 Acts, 1950. — Chaps. 481, 482. 

hundred and sixty-eight, and a co-operative bank may make 
mortgage loans hereunder within the geographical limits 
contained in section twenty-three of chapter one hundred 
and seventy. 

Effective SECTION 4. This act shall become effective on July 

'^^^^' twenty-third, nineteen hundred and fifty. 

Approved May 25, 1950. 

ChapASl An Act relative to a special capital outlay program 

FOR THE CONSTRUCTION OF A CERTAIN CHRONIC DISEASE 
HOSPITAL. 

^rTambie*'^ TF/iergas, 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 con- 
venience. 

Be it enacted, etc., as follows: 

Section 2 of chapter 790 of the acts of 1949 is hereby 
amended by striking out item 7820-01 and inserting in place 
thereof the following item : — 

7820-01 For the construction of a six hundred bed 
chronic disease hospital in the Forest Hills 
area, including power plant, employees' 
dormitories and the cost of furnishings 
and equipment, to be in addition to any 
funds available in item 2001-22 of section 
two of chapter seven hundred and thirty- 
two of the acts of nineteen hundred and 
forty-five as reappropriated by section 
two of chapter six hundred and eighty- 
five of the acts of nineteen hundred and 
forty-seven, said available funds are 
hereby reappropriated and made avail- 
able for the purposes of this item; pro- 
vided, that notwithstanding the limita- 
tion in section one of chapter seven 
hundred and ninety of the acts of nine- 
teen hundred and forty-nine the funds 
made available by this item shall be 
available for expenditure through June 
thirtieth, nineteen hundred and fifty -two $11,000,000 00 

Approved May 25, 1950. 
ChapAS2 An Act authorizing the town of dalton to construct 

AND OPERATE A SYSTEM OF SEWERS AND TO ENTER INTO 
AN AGREEMENT WITH THE CITY OF PITTSFIELD FOR THE 
USE OF SEWERAGE FACILITIES AND PROVIDING FOR THE 
CONSTRUCTION BY SAID CITY OF CERTAIN ADDITIONAL 
SEWERAGE WORKS. 

Be it enacted, etc., as follows: 

Section 1. The town of Dalton, acting under the pro- 
visions of chapter eighty-three of the General Laws, may 



Acts, 1950. — Chap. 482. 329 

lay out, construct, nuiintain and operate a system or systems 
of main drains and common sewers for a part or the whole of 
its territory, with such connections and other works as may be 
required for a system of sewage disposal, and may construct 
such sewers, drains, pumping stations and force mains in 
said town as may be necessary. Said town may enter into 
an agreement with the city of Pittsfield for the use of the 
sewerage facilities of said city to receive and treat the sewage 
of the town of Dalton, and said town shall pay to said city 
such proportion of the cost of construction of the additional 
works required by said city and such annual charges for the 
transportation and treatment of sewage as shall be agreed 
upon by said town and said city. If the said town of Dalton 
and the said city of Pittsfield shall be unable to agree as to 
the proper and just sum or sums which shall be paid by the 
tovNTi of Dalton to the city of Pittsfield, either said town or 
said city may petition the supreme judicial court, which shall 
appoint three commissioners to determine, subject to the 
approval of the court, such proportion of the cost of construc- 
tion and such annual charges. Such proportion of the cost 
of construction may consist of a sum in gross or yearly pay- 
ments to be made to the city of Pittsfield as said commis- 
sioners, or a majority of them, shall decide. 

Section 2. For the purposes of this act the town of 
Dalton may, from time to time, within five years after the 
passage of this act, borrow such sums as may be necessary, 
not exceeding in the aggregate one million six hundred thou- 
sand dollars, and ma}-- issue bonds or notes therefor which 
shall bear on the face thereof the words, Dalton Sewerage 
Loan, Acts of 1950. Each authorized issue shall constitute a 
separate loan, and such loans shall be payable in not more 
than thirty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory limit, and 
shall be subject to the provisions of chapter forty-four of the 
General Laws, including the first paragraph of section seven 
thereof. 

Said town shall, by vote, determine what proportion of 
the cost of the construction, maintenance and operation of 
the sewerage works provided for in section one to be borne 
by the towTi of Dalton the town shall pay. In providing 
for the payment of any portion of the cost thereof by the 
abutters contributing sewage, the to\\Ti may avail itself of 
any or all of the methods permitted by General Laws, in- 
cluding section sixteen of chapter eighty-three of the General 
Laws providing for the establishment of just and equitable 
annual charges for the use of the sewerage system and treat- 
ment works. Such charges shall be paid by every person who 
enters or has entered his particular sewer into the sewerage 
system of the town. The provisions of said General Laws 
relative to the assessment, apportionment, division, reassess- 
ment, abatement and collection of sewer assessments, to 
hens therefor and to interest thereon, shall apply to assess- 
ments made under this act. At the same meeting at which 



330 Acts, 1950. — Chap. 482. 

the town determines the proportion of the cost which is to 
be borne by the town, or at a subsequent meeting, it shall by- 
vote determine which of such methods shall be used to pro- 
vide for the remaining portion of said cost. The collector of 
taxes of said town shall certify the payments of such assess- 
ments or apportionments thereof to the sewer commissioners, 
who shall preserve a record thereof. 

Section 3. For the purposes of this act the city of Pitts- 
field may, from time to time, within five years after the pas- 
sage of this act, borrow such sums as may be necessary, not 
exceeding in the aggregate three million dollars, and may 
issue bonds or notes therefor which shall bear on the face 
thereof the words, Pittsfield Sewerage Loan, Acts of 1950. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than thirty years 
from their dates. Indebtedness incurred under this act shall 
be in excess of the statutory limit, and shall be subject to 
the provisions of chapter forty-four of the General Laws, in- 
cluding the first paragraph of section seven thereof. 

The city council of said city shall, by vote, determine what 
proportion of the cost of the construction, maintenance and 
operation of the sewerage works provided for in section one, 
constructed within the limits of the city for use by said city, 
the city shall pay. In providing for the payment of any 
portion of the cost thereof by the abutters contributing 
sewage, said city may avail itself of any or all of the methods 
permitted by General Laws, including section sixteen of 
chapter eighty-three of the General Laws providing for the 
establishment of just and equitable annual charges for the 
use of the sewerage system and treatment works. Such 
charges shall be paid by everj' person who enters or has en- 
tered his particular sewer into the sewerage sj^stem of the 
city. The provisions of said General Laws relative to the 
assessment, apportionment, division, reassessment, abate- 
ment and collection of sewer assessments, to liens therefor and 
to interest thereon shall apply to assessments made under 
this act. At the same meeting at which the city council of 
said city determines the proportion of the cost which is to be 
borne by the city, or at a subsequent meeting, it shall by vote 
determine which of such methods shall be used to provide 
for the remaining portion of said cost. The collector of taxes 
of said city shall certif}' the payments of such assessments or 
apportionments thereof to the department of public works of 
the city of Pittsfield, which shall preserve a record thereof. 

Section 4. No act shall be done under the authority of 
section three except in the making of survey's and other pre- 
liminary investigations until the plans of said system of 
sewerage and the means of transporting and treatment of the 
sewage in the city of Pittsfield have been approved by the 
state department of public health. Upon application to said 
department for its approval it shall, after due notice, give a 
public hearing at which plans showing all work to be done in 
constructing said system of sewerage, connections to the 



Acts, 1950. — Chaps. 483, 484. 331 

Pittsfield sewerage system and additions to the sewerage 
works of the city of Pittsfield shall be submitted for approval 
by said department. 

Section 5. This act shall take full effect upon its accept- 
ance within five j^ears of its passage by a majority of the 
voters of the said town of Dalton voting thereon at an an- 
nual town meeting and by acceptance by the city council of 
Pittsfield. Approved May 25, 1950. 



An Act repealing certain provisions of law relating 
to the taxation of the property of the trustees of 
the howard funds in west bridgewater. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 325 of the acts of 1901 
is hereby repealed. 

Section 2. This act shall apply to any taxes assessed as 
of the first day of January in the current year or thereafter. 
Any taxes assessed for the current year by virtue of said 
section two of said chapter three hundred and twenty-five 
of the acts of nineteen hundred and one shall be abated. 

Approved May 25, 1950. 

An Act relating to exemption from taxation of the 
funds of the metropolitan transit authority re- 
tirement fund and to exemption from taxation, 
attachment, taking on execution or other process 
and the operation of any law relating to bank- 
ruptcy or insolvency of the rights and contribu- 
tions of members to said fund and of benefits and 
retirement allowances under said fund. 

Be it enacted, etc., as follows: 

Section 1. The funds of the Metropolitan Transit 
Authority Retirement Fund established under rules and 
regulations adopted July thirteenth, nineteen hundred and 
forty-eight, by the board of trustees of the Metropolitan 
Transit Authority under the provisions of chapter five 
hundred and forty-four of the acts of nineteen hundred and 
forty-seven, shall, so far as they are invested in personal 
property, be exempt from taxation. That portion of the 
regular compensation of any member of said fund withheld 
as regular contributions to said fund under the provisions of 
said rules and regulations as from time to time in force, the 
rights of a member of said fund to any benefit or retirement 
allowance, such benefit or retirement allowance itself and 
all his rights in the funds of said retirement fund shall be 
exempt from taxation, including income taxes levied under 
the provisions of chapter sixty-two of the General Laws 
and from the operation of any law relating to bankruptcy 
or insolvency and shall not be attached or taken upon execu- 
tion or other process. That portion of the estate of any 
deceased member of said fund consisting of any sum or sums 



Chap.iSS 



Chap.484 



332 



Acts, 1950. — Chap. 485. 



received from said fund shall not be included in computing 
any legacy or succession tax under the provisions of chapter 
sixty-five of the General Laws. 

Section 2. This act shall take effect upon its passage 
and shall appl}^ to contributions to said fund and to payment 
of benefits and retirement allowances from said fund made 
on and after January first, nineteen hundred and fifty. 

Approved May 25, 1950. 



G. L. (Ter. 
Ed.), 117, § 7, 
amended. 



Superior court 
or probate court 
to assess such 
kindred. 



ChapAS5 An Act conferring on probate courts jurisdiction 

IN EQUITY TO ENFORCE THE LIABILITY OF CERTAIN KIN- 
DRED FOR THE SUPPORT OF POOR PERSONS AND CERTAIN 
INMATES OF STATE HOSPITALS. 

Be it enacted, etc., as follows: 

Section 1. Section 7 of chapter 117 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word "court", in line 1, the words: 

— or a judge or special judge of a probate court, — so as to 
read as follows: — Section 7. A justice of the superior court 
or a judge or special judge of a probate court sitting in 
equity in the county where any one of such kindred to be 
charged resides, upon complaint of any town or kindred put 
to expense for the relief or support of such person, may on 
due hearing assess and apportion upon such of the kindred 
as it finds to be of sufficient ability and in proportion thereto 
such amount as he considers reasonable for or towards the 
support of the person to the time of such assessment, and 
may enforce payment thereof by execution in common form; 
but such assessment shall not extend to any expense for re- 
lief afforded more than two years previous to the filing of 
the complaint. 

Section 2. Section 96 of chapter 123 of the General 
Laws is hereby amended by inserting after the word "court ", 
in line 2 of the second paragraph, as so appearing, the words: 

— or in the probate court for the county in which the re- 
spondent or one of the respondents resides, — so that said 
paragraph will read as follows : — 

Any person making payment for such support may re- 
cover the same, by suit in equity in the superior court or in 
the probate court for the county in which the respondent or 
one of the respondents resides to which any or all of the 
classes of persons hereinbefore named msiy be made parties, 
regardless of the existence of the marriage relation, from 
any person primarily liable for such support, or may have 
the amoimt so paid apportioned among those who are not 
primarily Uable, in proportion to their respective ability to 
pay, and may recover such apportionment. 

Section 3. Section 6 of chapter 215 of the General Laws, 
as most recently amended by section 2 of chapter 194 of 
the acts of 1939, is hereby further amended by inserting 
before the last sentence the follo\\ing sentence: — They shall 
also have jurisdiction, concurrent with the superior court, 



G. L. (Ter. 
Ed.), 123. § 96, 
amended. 



Contribution 
from certain 
persons, when 
recoverable. 



G. L. CTer. 
Ed.). 215. § 6, 
etc., amended. 



Concurrent 
jurisdiction of 
probate courts. 



Acts, 1950. — Chaps. 486, 487. 333 

of proceedings in equity under sections seven to twelve, in- 
clusive, of chapter one hundred and seventeen and section 
ninety-six of chapter one hundred and twenty-three. 

Approved May 25, 1950. 



ChapASQ 



Ax Act providing that a city or town in which a 

HOUSING authority HAS BEEN ORGANIZED MAY INCUR 
DEBT IN AID OF SUCH AUTHORITY. 

Be it enacted, etc., as follows: 

Chapter 121 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 26CC, as appearing in section 1 of f 26cc,^etc., 
chapter 574 of the acts of 1946, and inserting in place thereof amended. 
the follomng section: — Section 26CC. Appropriation by 
City or Town of Part of Expense of Project. — A city or town Municipal 
in which a housing authority has been organized may raise app'"op"ation8. 
and appropriate, or incur debt, or agree with such authority 
or with the federal government to raise and appropriate or 
incur debt, in aid of such authority, such sums as may be 
necessary for defraying such part of the development, ac- 
quisition or operating costs of a clearance, or low-rent hous- 
ing project or land assembly and redevelopment project 
within such city or to\\Ti, to which the federal government, 
pursuant to the federal legislation, has rendered or has 
agreed to render financial assistance, as will not be met by 
loans, contributions or grants from the federal government 
or otherwise. Such debt may be outside the limit of in- 
debtedness prescribed in section ten of chapter forty-four, 
and shall be payable within fifteen years and otherwise sub- 
ject to sections sixteen to twenty-seven, inclusive, of said 
chapter forty-four, provided, that the total amount of such 
indebtedness of any city or to-viTi outstanding at any one time 
shall not exceed one half of one per cent of the average of 
the assessors' valuations of its taxable property for the 
three preceding years, reduced and otherwise determined as 
pro\'ided in said section ten of said chapter forty-four. 

Approved May 25, 1950. 

An Act reviving Massachusetts development co. ChapAS7 

Whereas, The deferred operation of this act would delay Emergency 
the corporation revived thereby in resuming the exercise of preamble, 
its former corporate powers, therefore it is hereby declared 
to be an emergency law, necessary for the immediate pres- 
ervation of the public convenience. 

Be it enacted, etc., as follows: 

Massachusetts Development Co., a corporation dissolved 
by section one of chapter one hundred and seventy-nine of 
the acts of nineteen hundred and thirty-nine, is hereby re- 
vived and continued for a period of six months from the 
effective date of this act for the sole purpose of selling and 
conveying title to certain property situated in the city of 
Newton, and of distributing the proceeds of such sales 
among those entitled thereto. Approved May 29, 1950. 



334 Acts, 1950. — Chaps. 488, 489, 490. 



ChapASS An Act relative to the filing of annual reports by 

STATE OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS. 

Be it enacted, etc., as follows: 

Ed^'3o^§32, Section 32 of chapter 30 of the General Laws, as most 

etc!, 'amended! recently amended by section 4 of chapter 292 of the acts of 

1945, is hereby amended by striking out the first sentence 

and inserting in place thereof the following sentence: — 

of^ceniin'^sta^l ^^ ^^ beforc the first Wednesday in December following 

officers and the termination of each fiscal year, every state officer, de- 

departments. p^ftmcnt, board and commission or head thereof that is 

required by law to make an annual report shall deposit such 

report with the state secretaiy, except where by statute 

some other time is established for the filing of the report of 

said officer, department, board or commission. 

Approved May 29, 1950. 



Chap.4S9 An Act making certain provisions of the retirement 

LAWS applicable TO THE PENSION RIGHTS OF JOSEPH E. 
O'CONNELL, A RETIRED FIREMAN OF THE CITY OF SPRING- 
FIELD. 

Be it enacted, etc., as follows: 

For the purpose of promoting the public good, and not- 
withstanding the provisions of any general or special law, 
the provisions of sections eighty-one A and eighty-one B of 
chapter thirty-two of the General Laws are hereby made 
applicable to the pension rights of Joseph E. O'Connell, a 
retired fireman of the city of Springfield. 

Approved May 29, 1950. 



ChapA'dO An Act further defining an approved school project 
in the case of the construction of certain school 
buildings. 

Be it enacted, etc., as follows: 

Section 5 of chapter 645 of the acts of 1948 is hereby 
amended by striking out the sixth paragraph, as amended 
by section 1 of chapter 637 of the acts of 1949, and inserting 
in place thereof the f olloAving paragraph : — 

"Approved school project" shall mean any project for 
the construction or enlargement of a regional or consolidated 
school or of any public schoolhouse in any city or town, 
and shall include the original equipment and furnishings, 
whether movable or built in, to complete said project, the 
contract or contracts for which shall have been awarded 
on or after January first, nineteen hundred and forty-six, 
by any city, to\vn or regional school building committee, 
which has been approved by the commission for the purposes 
of sections seven through nine, inclusive. 

Approved May 29, 1950. 



Acts, 1950. — Chaps. 491, 492. 335 

An Act restricting the use of lands abutting the Qhnjy 491 

YANKEE DIVISION HIGHWAY IN THE TOWNS OF LYNNFIELD ^' 

AND DANVERS AND THE CITY OF PEABODY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the health, 
safety, convenience and welfare of the inhabitants of the 
commonwealth, the use of the land in the towns of Lynnfield 
and Danvers and the city of Pcabody abutting the Yankee 
Division Highway, where said highway has not been laid 
out as a limited access highway, and extending for two 
hundred feet on either side of said highway, is hereby re- 
stricted to farming, gardening and general residence purposes; 
provided, that notwithstanding the foregoing, such land may 
be used for the erection and maintenance thereon of such 
buildings or other structures, and for such purposes, as are 
permitted under the zoning ordinances and by-laws of the 
city of Peabody and the to^vns of Lynnfield and Danvers in 
effect immediately prior to the effective date of this act, 
subject, however, to the provisions of said ordinances and 
by-laws. 

Section 2. This act shall not apply to existing buildings 
or structures nor to the existing use of any building or 
structure or land. 

Section 3. The superior court shall have jurisdiction in 
equity to enforce the provisions of this act and may restrain 
by injunction violations thereof. 

Approved May 29, 1950. 

An Act making certain laws affecting veterans and phrij^ 400 
their organizations applicable to THE fleet reserve ^' 

association, united states navy. 

Be it enacted, etc., as follows: 

Section 1. Section 49 of chapter 33 of the General ^dVas^ 
Laws, as most recently amended by section 1 of chapter etc.. 'amended! 
354 of the acts of 1950, is hereby further amended by in- 
serting after the word "Heart", in line 51, as appearing in 
section 1 of chapter 27 of the acts of 1950, the words: — , 
the Fleet Reserve Association, United States Na\'y. 

Section 2. Clause (12) of section 5 of chapter 40 of the g. l. (Ter. 
General Laws, as most recently amended by section 2 of ^tl! 'amended 
said chapter .354, is hereby further amended by inserting 
after the word "Heart", in line 38, as appearing in section 2 
of said chapter 27, the words: — , the Fleet Reserve Asso- 
ciation, United States Navy. 

Section 3. Section 70 of chapter 266 of the General EJ^^eg""-. 70 
Laws, as most recently amended by section 3 of said chapter etc!, 'amended. ' 
354, is hereby further amended by inserting after the word 
"Inc.", the second time the same appears in line 18, as 
appearing in section 3 of said chapter 27, the words: — , the 
Fleet Reserve Association, United States Navy. 

Approved May 29, 1950. 



336 



Acts, 1950. — Chap. 493. 



G. L. (Ter. 
Ed.). 115. § 5. 
etc., amended. 



Payment of 

benefits. 



ChapAQS An Act making certain changes in the laws relative 

TO veterans' benefits. 

Be it enacted, etc., as follows: 

Section 1. Section 5 of chapter 115 of the General Laws, 
as amended, is hereby further amended by striking out the 
first paragraph, as appearing in section 2 of chapter 535 of 
the acts of 1948, and inserting in place thereof the following 
paragraph: — Veterans' benefits shall be paid to a veteran 
or dependent by the city or town in which he has a settle- 
ment, or, if he has no settlement in any city or town within 
the commonwealth, by the city or town wherein he resides; 
provided, that no benefits shall be paid to a dependent 
unless he has resided within the commonwealth continuously 
for three years next preceding the date of his application for 
such benefits, nor unless the veteran of whom he is a de- 
pendent has a settlement in the commonwealth or has 
actually resided in the commonwealth for three years next 
preceding the date of dependent's application for benefits. 
If the veteran is deceased at the time of the dependent's 
application for benefits, said dependent shall be paid no 
benefits unless the veteran at the time of his death would 
have qualified as to settlement or residence. No city or 
town shall pay such benefits to an applicant who has no 
settlement therein until its veterans' agent has furnished to 
the commissioner such evidence as he may require that the 
applicant is entitled to receive such benefits and has received 
from said commissioner an order fixing the amount and 
duration of the same and stating such other conditions as 
the commissioner may impose relative thereto. Said order 
may be revoked or modified by the commissioner at any 
time by giving written notice to said agent. Within three 
days after his receipt of an application for veterans' benefits 
from a person who has a settlement in some other city or 
town, the veterans' agent of the city or town of the apph- 
cant's residence shall notify the commissioner and the 
veterans' agent of the city or town of the applicant's settle- 
ment, who shall forthwith investigate the claim. If the city 
or town of settlement of such applicant unreasonably delays 
in granting such benefits to him after receipt of said notice, 
the towTi of the applicant's residence shall forthwith grant 
such benefits as the commissioner may order, and shall be 
reimbursed in full therefor by the town of the applicant's 
settlement. Any veterans' agent required to act on such 
order of the commissioner who refuses and neglects to 
comply therewith shall be punished by a fine of not less than 
twenty-five nor more than one hundred dollars 

Section 2. Chapter 116 of the General Laws is hereby 
amended by striking out section 4, as amended by section 5 
of chapter 584 of the acts of 1946, and inserting in place 
thereof the following section: — Section 4- If a veteran or 
a dependent of a veteran whose ser\nce qualified him to re- 
ceive veterans' benefits under chapter one hundred and 



G. L. (Ter. 
Ed.), 116. § 4, 
etc., amended. 



Receipt of in- 
stitutional aid 
by veterans 
not to affect 
settlement. 



Acts, 1950. — Chap. 494. 337 

fifteen receives benefits or treatment in any hospital or 
other institution, such benefits or treatment shall not have 
the effect of preventing or defeating the acquisition of a legal 
settlement. Approved May 39, 1950. 



An Act making appropriations for the fiscal year 
ending june thirtieth, nineteen hundred and fifty, 
to provide for supplementing certain existing ap- 
propriations, and for certain new activities and 
projects. 

Be it enacted, etc., as follows: — 

Section 1. To provide for meeting deficiencies in cer- 
tain appropriations previously made, and for certain new 
activities and projects, the sums set forth in section two, 
for the several purposes and subject to the conditions speci- 
fied in said section, are hereby appropriated for the current 
fiscal year from the general fund or ordinary revenue of the 
commonwealth, unless some other source of revenue is 
expressed, subject to the provisions of law regulating the 
disbursement of public funds and the approval thereof, the 
sums so appropriated to be in addition to any amounts at 
present available for the purposes. 

Section 2. 
The Following Appbopriations are made from the General Fund: 

Service of the Legislative Department. 

Item 

0101-01 For the compensation of senators . . $5,625 00 

0101-02 For expenses of senators, including travel, for 

the year nineteen hundred and fifty . . 3,032 00 

0101-03 For the compensation of representatives . 7,500 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 .... 7,900 00 

0102-01 For travehng and such other expenses of the 
coEomittees of the general court as may be 
authorized by order of either branch of the 
general court ..... 1,900 00 

0102-09 For office and other expenses of the commit- 
tee on rules on the part of the house . 1,000 00 

0102-10 For office expenses, including travel, of the 

counsel to the house of representatives . 200 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 fifty and 
previous years ..... 3,275 00 

0102-12 For telephone service, for the year nineteen 

hundred and fifty and the pre\ious year . 9,000 00 

0102-28 For expenses of the house committee on ways 
and means, to be in addition to any amount 
heretofore appropriated for the purpose . 1,000 00 



C/iap.494 



338 Acts, 1950. — Chap. 494. 



Item 



Service of the Judicial Department. 



Supreme Judicial Court: 
0301-06 For office supplies, services and equipment . S800 00 

Service of the Executive Department. 

0401-03 For the salaries of the eight councillors . $2,811 00 

0401-23 For postage, printing, stationery, traveling 
and contingent expenses of the governor 
and council ...... 3,500 00 

0401-90 For personal services and expenses for a re- 
vision, recodification, consolidation and 
arrangement of the General Laws of the 
commonwealth, as authorized by chapter 
ninety-four of the resolves of nineteen hun- 
dred and forty-eight, to be in addition to 
any amount heretofore appropriated for 
the purpose ...... 35,000 00 

Service of the Organized Militia. 

0403-03 Item 0403-03 of section two of chapter three 
hundred and seven of the acts of nineteen 
hundred and forty-nine is hereby amended 
by adding after the word "Laws", in hne 
five, the following: — , for the year nine- 
teen hundred and fifty and the previous 
year. 

Service of the Commission on Administration and Finance. 

0414-02 Item 0414-02 of section two of chapter eight 
hundred and ten of the acts of nineteen 
hundred and forty-nine is hereby amended 
by striking out in lines eight and nine the 
words "one thousand five hundred and 
eighty-five" and inserting in place thereof 
the words : — one thousand eight hundred 
and twenty-five $1,200 00 

Telephone service : 
0414-10 For telephone service in the state house and 

expenses in connection therewith . . 3,000 00 

For the Maintenance of the Mount Greylock War Memorial. 

Special : 
0443-21 The unexpended balance remaining in item 
0443-21 as appropriated in section two of 
chapters three hundred and thirty-six and 
six hundred and sixty-nine of the acts of 
nineteen hundred and forty-eight is hereby 
reappropriated. 

Service of the Treasurer and Receiver General. 

0601-02 Item 0601-02 as appearing in section two of 
chapter eight hundred and ten of the acts 
of nineteen hundred and forty-nine is 
hereby amended by striking out in lines 
eight and nine the words "two thousand 
six hundred and eighty-five" and inserting 
in place thereof the words: — three thou- 
sand one hundred ..... $2,500 00 



Item 



Acts, 1950. — Chap. 494. 339 



Service of the Department of Conservation. 



1001-31 For personal services, including not more 
than seven permanent positions, and for 
other expenses incidental to the suppression 
of insect pests and shade tree diseases, in- 
cluding gypsy and brown tail moths and 
Japanese beetles, and for reimbursement 
to cities and towns of a proportion of their 
expenses for such work, as provided by law $50,000 00 

Division of Forestry: 

Special : 
1002-29 For certain construction of a road to the 

Ludlow fire tower ..... 1,500 00 

Service of the Department of Corporations and Taxation. 

1205-01 Item 1205-01 of section two of chapter three 
hundred and seven of the acts of nineteen 
hundred and forty-nine is hereby amended 
by adding after the word "Laws", in line 
nine, the following: — ; and for the pay- 
ment to the city of Chelsea of a certain 
claim in the amount of seventy-four thou- 
sand five hundred and twenty dollars and 
seventy-eight cents for the calendar year 
nineteen hundred and fortj'-nine and for 
previous years ..... $67,604 52 

Service of the Department of Education. 

Reimbursement and Aid: 
1301-53 For the reimbursement of certain towns for 
the transportation of pupils attending high 
schools outside the towns in which they 
reside, as provided by law; provided, that 
a sum equivalent to the expenditures under 
this item be transferred to the General 
Fund from the receipts of the income tax . $85,555 37 

Division of the Bhnd: 
1304-11 \ From the amount appropriated in item 1304- 
1304-10 / 11 of section two of chapters three hundred 
and seven and eight hundred and ten of 
the acts of nineteen hundred and forty- 
nine the sum of two thousand dollars is 
hereby transferred and made available for 
the purposes of item 1304-10 of said sec- 
tion two of said chapter three hundred and 
seven. 
1304-15 \ From the amount appropriated in item 
1304-10 / 1304-15 of section two of chapter three 
hundred and seven of the acts of nineteen 
hundred and forty-nine the sum of one 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1304-10 of said section two of said chapter 
three hundred and seven. 
1304-16 \ From the amount appropriated in item 
1304-08 / 1304-16 of chapters three hundred and 
seven and eight hundred and ten of the 
acts of nineteen hundred and forty-nine 
the sum of twenty-seven thousand three 



340 Acts, 1950. — Chap. 494. 

Item 

hundred dollars is hereby transferred and 
made available for the purposes of item 
1304-08 of said section two of said chapter 
three hundred and seven. 
1304-27 \ From the amount appropriated in item 
1304-13 / 1304-27 of section two of chapter three 
hundred and seven of the acts of nineteen 
hundred and forty-nine the sum of two 
thousand five hundred dollars is hereby 
transferred and made available for the 
purposes of item 1304-13 of chapters three 
hundred and seven and eight hundred and 
ten of the acts of nineteen hundred and 
forty-nine. 
1304-28 ] From the amount appropriated in item 
1301^1 [ 1304-28 of section two of chapter three 
1304-10 J hundred and seven of the acts of nineteen 
hundred and forty-nine the sum of thirteen 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1301-41 of said section two of said chap- 
ter three hundred and seven, and the sum 
of two thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 1304-10 of said section two of said 
chapter three hundred and seven. 

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 : 

1308-00 \ From the amount appropriated in item 

1308-21 / 1308-00 of section two of chapters three 

hundred and seven and eight hundred and 

ten of the acts of nineteen hundred and 

forty-nine the sum of three thousand nine 

hvmdred and forty-eight dollars is hereby 

I transferred and made available for the 

purposes of item 1308-21 of said section 

two of said chapter three himdred and 

seven. 

1313-00 Item 1313-00 as appearing in section two of 

chapter eight hundred and ten of the acts 

of nineteen hundred and forty-nine is 

hereby amended by striking out the 

words appearing after the word "the", in 

line seven, and inserting in place thereof 

the words: — sum of twenty-six thousand 

two hundred and ninety-seven dollars . $4,080 00 

Service of the Department of Civil Service and Registration. 

Division of Civil Service: 
1402-21 For expenses of hearings, as authorized by 
section one of chapter six hundred and 
Bixty-seven of the acts of nineteen hundred 
and forty-five, for the year nineteen hun- 
dred and fifty and the previous year . $1,000 00 

Service of the Department of Correction. 

For the maintenance of and for certain 
improvements at the following institu- 
tions under the control of the depart- 



Acts, 1950. — Chap. 494. 



341 



It«m 



1803-00 



ment of correction; provided, that the 
institution business managers employed 
hereunder shall be appointed by the com- 
missioner of correction in the same 
manner as appointments are made under 
section forty-two of chapter thirty-one 
of the General Laws, as amended: 
State prison, including not more than one 
hundred and sixty-seven permanent posi- 
tions ....... 



$16,600 00 



Service of the Department of Public WtJfare. 

Tuition of Children : 
1907-01 For tuition in the public schools, including 
transportation to and from school, of chil- 
dren boarded by the department, for the 
twelve months ending June thirtieth, nine- 
teen hundred and forty-nine . . . $54,302 79 

The following items are for reimbursement 
of cities and towns, and are to be in 
addition to any unexpended balances of 
appropriations heretofore made for the 
purpose : 
1907-05 For the payment of suitable aid to certain 

dependent children .... 331,916 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 . 250,000 00 



Service of the Department of Public Health. 

Division of Sanatoria and Tuberculosis: 
2020-11 To cover the payment of certain subsidies for 
the maintenance of hospitals for tubercular 
patients ...... 



$19,800 00 



2811-02 



2820-04 



2880-00 



Unclassified Accounts and Claims. 

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 

Gk^neral Laws $15,000 00 

Item 2820-04 as appearing in section two of 

chapter eight hundred and ten of the acts 

of nineteen hundred and forty-nine is 

hereby amended by striking out, in lines 

ten and eleven, the words "three thousand 

seven hundred and fifty" and inserting in 

place thereof the words : — twenty-five 

thousand; and by adding after the word 

"year", in line fifteen, the words: — ; and, 

provided further, that the comptroller 

shall restore to item 0401-24 of section two 

of chapter three hundred and seven of the 

acts of nineteen hundred and forty-nine 

any amounts transferred to this item dur- 
ing the current fiscal year 85,000 00 



342 



Acts, 1950. — Chap. 494. 



The Following Appropriations are made from the Highway Fund ; 



Item 



2900-04 



Service of the Department of Public Works. 

Functions of the department relating to 
highways: 
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 federal 
aid programs; and for the payment of p>er- 
sonal services and expenses in connection 
with the purchase, construction and repair 
of shelters for departmental equipment 
and material, the cost of which is less than 
ten thousand dollars for each project; and 
payments to fulfill obligations incurred in 
the fiscal years nineteen hundred and forty- 
eight and nineteen hundred and forty-nine 
may be made from this appropriation 



$1,000,000 00 



Special : 
2900-35 For resurfacing existing state highways with 
not less than two inches of bituminous- 
bound aggregate, using present traveled 
ways as a base, to be in addition to the 
amount appropriated for the purpose in 
section two of chapter three hundred and 
thirty-six of the acts of nineteen hundred 
and forty-eight; provided, that the state 

Eurchasing agent may buy the required 
ituminous-treated aggregate, notwith- 
standing the provisions of chapter five 
hundred and forty-seven of the acts of 
nineteen hundred and forty-one 



850,000 00 



Service of the Metropolitan District Commission. 

2931-04 For the construction, reconstruction and im- 
provement of boulevards and parkways, 
including bridges and including the re- 
surfacing and repairing thereof, to be in 
addition to any amount heretofore appro- 
priated for the purpose .... $200,000 00 

2932-01 Item 2932-01 of section two of chapter three 
hundred and seven of the acts of nineteen 
hundred and forty-nine, as amended by 
chapter eight hundred and ten of the acts 
of the same year, is hereby further amended 
by inserting after the word " Laws", in line 
eight, the words: — and including the pay- 
ment of one hundred and fifty dollars due 
a certain employee under the provisions of 
section five of chapter three hundred and 
eleven of the acts of nineteen hundred and 
forty-eight. 



Item 



Acts, 1950. — Chap. 494. 343 



Service of the Department of Priblic Safety. 



Division of State Police: 
Special : 
2970-18 For the cost of radio frequency shift to meet 

federal requirements . " . . . $20,000 00 



The Following Appropriations are made from the Veterans' 

Services Fund: 

Service of the Soldiers' Home in Massachusetts. 

Special : 
3504-38 The unexpended balance remaining in item 
3504-38 as appropriated in section two of 
chapter eight hundred and ten of the acts 
of nineteen hundred and forty-nine is 
hereby reappropriated. 

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 S 105,000 00 

Miscellaneous. 
Special : 
3504-78 For the representation of the commonwealth 
at the national convention of the Yankee 
Division, as authorized by chapter ten of 
the resolves of the current year . . $5,000 00 

Service of the Department of Education. 

3513-01 For assistance to children of certain war vet- 
erans, for the year nineteen hundred and 
fifty and for previous years, as authorized 
by section seven B of chapter sixty-nine of 
the General Laws and corresponding pro- 
visions of earlier laws .... $11,000 00 

Special: 
3513-35 The unexpended balance remaining in item 
3513-35 as appropriated in section two of 
chapter six hundred and sixty-nine of the 
acts of nineteen hundred and forty-eight 
is hereby reappropriated. 



The Following Appropriations are payable from the Prison 

Industries Fund: 

Service of the Department of Correction. 

4421 Item 4421 of chapter eight hundred and 

ten of the acts of nineteen hundred and 
forty-nine is hereby amended by adding 
the following sentence: — The comptroller 
shall transfer the sum of twenty-one thou- 
sand three hundred and thirty-six dollars 
and ninety-seven cents from the State 
Farm Fund Account, accoimt 4650-00-00 
to the General Fund. 



344 Acts, 1950. — Chap. 494. 



Item 



Metropolitan District Commission Funds. 
Metropolitan Parks, General. 



Special : 

8602-63 For the construction and equipment of a 
bath house at Sandy Beach, so called, at 
Mystic Lake in Winchester . . . $40,000 00 

Metropolitan Water System. 

8902-34 1 From the amount appropriated in item 8902- 
8902-00 / 34 of section two of chapter three hundred 
and seven of the acts of nineteen hundred 
and forty-nine the sum of thirteen thou- 
sand dollars is hereby transferred and made 
available for the purposes of item 8902-00 
of section two of chapters three hundred 
and seven and eight hundred and ten of 
the acts of nineteen hundred and forty- 
nine. 

Special : 
8902-23 For the construction of a pumping station in 
Waltham, including furnishings and equip- 
ment, to be in addition to the amount ap- 
propriated for the purpose in section two 
of chapter six hundred and sixty-nine of 
the acts of nineteen hundred and forty- 
eight, and to be included as part of the cost 
of maintenance of the metropolitan water 
system $5,000 00 



Deficiencies. 

For deficiencies in certain appropriations 
of previous years, in certain funds, as 
follows : 

2899 General Fund $64,646 73 

2999 Highway Fund 3,544 77 

3191 Port of Boston Fund .... 6,621 49 

Metropolitan District Commission Funds, to 
be allocated by the comptroller according 
to the schedule as filed, and assessed as 
provided by law to the appropriate dis- 
tricts, under the applicable funds . . 9,978 23 

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 specifi- 
cations 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 expenses thereof, unless such reimbursement is in 
accordajice with rules and rates which are hereby authorized 
to be established from time to time by the commission on 
administration and finance. 



Acts, 1950. — Chap. 494. 345 

Section 5. On and after October first, nineteen hundred 
and forty-nine, the allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
o^\'ned by them and used in the performance of their official 
duties shall not exceed six 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 payment of regular salaries, 
sums appropriated for personal services in the fiscal year 
nineteen hundred and fifty 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 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 veterans in payment for veterans' services, shall be 
credited to the veterans' services fund. 

Section 9. This act shall take effect upon its passage. 

(This bill was returned June 1, 1950, by the governor to the 
house of representatives, the branch in which said bill originated, 
with his objections to Item 2880-00. 

The vote being taken June 6, 1950, on the passage of said 
item, the objections of the governor thereto were sustained, the 
house having refused to pass the item. The remainder of the 
hill was approved by the governor May 31, 1950.) 



346 



Acts, 1950. — Chaps. 495, 496, 497. 



G. L. (Ter. 
Ed.). 186, § 14, 
amended. 



Penalty on 
lessor for 
failure to 
furnish water, 
heat, etc. 



ChavA95 An Act providing a penalty for lessors of property 

USED FOR DWELLING PURPOSES FOR FAILURE TO FURNISH 
CERTAIN SERVICES TO OCCUPANTS THEREOF. 

Be it enacted, etc., as follows: 

Chapter 186 of the General Laws is hereby amended by- 
striking out section 14, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following: — 
Section 14- Any lessor or landlord of any building or part 
thereof occupied for dwelling purposes, other than a room 
or rooms in a hotel, lodging house or rooming house, who is 
required by the terms, expressed or implied, of any contract 
or lease or tenancy at will, to furnish water, hot water, heat, 
light, power, gas, elevator service, telephone service, janitor 
service or refrigeration service to any occupant of such 
building, or part thereof, who wilfully or intentionally fails 
to furnish such water, hot water, heat, light, power, gas, 
elevator service, telephone service, janitor service or refriger- 
ation service at any time when the same is necessary to the 
proper or customary use of such building, or part thereof, 
or any lessor or landlord who A\ilfully or intentionally inter- 
feres with the quiet enjoyment of any such leased or tenanted 
premises by the occupant, shall be punished by a fine of not 
more than one hundred dollars, or by imprisonment for not 
more than six months. Approved May SI, 1950. 



Chap.AQ^ An Act providing that manufacturers and distribu- 
tors OF motor fuel or lubricating oil shall submit 
samples thereof when requested by the division 
on the necessaries of life. 

Be it enacted, etc., as follows: 

Section 295G of chapter 94 of the General Laws, as 
amended by chapter 311 of the acts of 1941, is hereby fur- 
ther amended by adding at the end the following para- 
graph: — 

Every manufacturer or distributor of motor fuel or lubri- 
cating oil shall submit samples of said products when re- 
quested by the division. Approved May SI, 1950. 



G. L. (Ter. 
Ed.), 94, 
§ 295G, etc., 
amended. 



Sale of motor 
fuel and 
lubricating 
oils, regulated. 



ChapA97 An Act increasing the license fee under the "motor 

fuel sales act". 



G. L. (Ter. 
Ed.), 94. 
§ 295B, etc. 
amended. 



Fee. 



Be it enacted, etc., as follows: 

Section 295B of chapter 94 of the General Laws, in- 
serted by section 1 of chapter 459 of the acts of 1939, is 
hereby amended by striking out the last sentence of the 
first paragraph and in.serting in place thereof the following 
sentence: — A license fee of seven dollars shall be paid for 
the issuance of every such license and every renewal thereof. 

Approved May SI, 1960. 



Acts, 1950. — Chaps. 498, 499. 347 



An Act to authorize the town of medfield to borrow QJiqj) 493 
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 and acquiring by- 
purchase a suitable parcel of land on which to construct such 
school building the town of Medfield 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 of the to\\Ti therefor which shall bear on 
their face the words Medfield School Loan, Act of 1950. 
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 
m excess of the statutory hmit and shall, except as pro- 
vided herein, 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 June 5, 1950. 



An Act relative to expenditures for the care, main- Qhart 499 
tenance and repair of tuberculosis hospitals in ^' 
certain counties. 

Whereas, The deferred operation of this act would result Emergency 



in unnecessarily extending the period during which expendi- 
tures by certain counties for tuberculosis hospital purposes 
would be made without express authorization therefor by 
the general court, therefore this act is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

The trustees of the Bristol county tuberculosis hospital 
and the county commissioners of the other counties herein- 
after specified are hereby authorized to expend for the year 
nineteen hundred and fifty the sums set forth in this act for 
the care, maintenance and repair of the county tuberculosis 
hospitals within their respective counties, and to assess the 
same in the manner set forth in section eighty-five of chapter 
one hundred and eleven of the General Laws, as amended. 
In case of extraordinary or unforeseen emergencies the 
director of accounts, at the request of said trustees or county 
commissioners, may authorize expenditures in excess of any 
particular item; provided, that another item or items of 
expenditure shall be reduced by an equivalent amount. 



preamble. 



348 



Acts, 1950. — Chap. 499. 



Bristol Countt. 



Item 



2. 



5. 
6. 
8. 



1. 



2. 



5. 
6. 
8. 
9. 



1. 



2. 



3. 

5. 
6. 

8. 



1. 



2. 



For administration : 

(a) Salaries .... 

(b) Other expenses . 
For maintenance and operation: 

(a) Salaries and wages . 

(b) Other expenses . 
For additions and improvements (in excess of 

$1,000) 

For contributory retirement system 
For interest .... 
For unpaid bills of previous years 

For total expenditures 

Essex County 
For administration: 

(a) Salaries .... 

(6) Other expenses . 
For maintenance and operation : 

(a) Salaries and wages 

(b) Other expenses . 
For other health services: 

(6) Clinics and other extra-mural 
For contributory retirement system 
For interest .... 
For unpaid bills of previous years 
For sewer assessment 

For total expenditures . 

Middlesex County, 
For administration : 

(a) Salaries .... 

(b) Other expenses . 
For maintenance and operation: 

(a) Salaries and wages . 

(6) Other expenses . 
For additions and improvements (in excess of 

$1,000) 

For contributory retirement system 
For interest .... 
For unpaid bills of previous years 

For total expenditures 



Norfolk County 
For administration: 

(a) Salaries .... 

(b) Other expenses . 
For maintenance and operation: 

(a) Salaries and wages 

(b) Other expenses . 
For other health services: 

(o) Preventorium . 

(6) Clinics and other extra-mural 
For contributory retirement system 
For interest .... 

For total expenditures 



Plymouth County. 



1. For administration : 
(a) Salaries . 
(6) Other expenses 



$12,000 00 
1,800 00 

144,000 00 
135,000 00 

4,500 00 

3,063 06 

2,200 00 

250 00 

$302,813 06 



$23,500 00 
5,800 00 

445,000 00 
373,900 00 

1,500 00 
17,716 80 
5,000 00 
2,000 00 
1,696 66 

$876,113 46 



$31,675 00 
11,800 00 

628,905 00 
411,454 00 

8,200 00 

23,074 00 

6,000 00 

250 00 

$1,121,358 00 



$19,800 00 
2,800 00 

304,000 00 
210,000 00 

500 00 

5,000 00 

10,294 82 

3.500 00 

$555,894 82 



$23,120 24 
3,200 00 



Acts, 1950. — Chaps. 500, 501. 



349 



Item 








2. 


For maintenance and operation : 










(o) Salaries and wages . 


, , 


. 


224,402 73 




(6) Other expenses . 


, 


, 


141,311 20 


3. 


For additions and improvements 
$1,000) .... 


(in excess 


of 


28,000 00 


4. 


For other health services: 










(6) Clinics and other extra-mural 


, 


, 


3,000 00 


5. 


For contributorj' retirement system 


, 




8,279 00 


6. 


For interest .... 


, , 


, 


3,300 00 


11. 


For non-contributory pensions 
For total expenditures 


. 


• 


9.000 00 




$443,613 17 




Worcester County. 






1. 


For administration : 










(a) Salaries .... 


, 




$30,185 00 




(b) Other expenses . 


, , 




5,000 00 


2. 


For maintenance and operation: 

(a) Salaries and wages . 

(b) Other expenses . 






304,220 00 
167,864 57 


3. 


For additions and improvements 


(in excess 


of 






$1,000) .... 


• • 




45,755 00 


5. 


For contributory retirement system 






7,026 60 


6. 


For interest .... 


, , 




5,000 00 


8. 


For unpaid bills of previous years 
For total expenditures 


• 




110 00 




$565,161 17 






Approved June 


6, 1950. 



Chap. 500 



An Act relative to entry fees in the superior court 
for causes removed from the district courts. 

Whereas, The deferred operation of this act would tend Emergency 

•I- . ,.-,^. • ^ f ^ • 1 /• • preamble. 

to defeat its purpose, which is to provide forthwith for uni- 
form fees for the entry of causes in the superior court, there- 
fore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 23 of chapter 218 of the General ej )" iis^'^s 23 
Laws, as appearing in the Tercentenary Edition, is hereby amended.' 
amended by striking out, in line 12, the word "three" and 
inserting in place thereof the word: — five. 

Section 2. Section 104 of chapter 231 of the General gdV'2Jr' 
Laws, as so appearing, is hereby amended by striking out, § 164, amended, 
in line 11 and in line 24, the word "three" and inserting in 
place thereof, in each instance, the word : — five. 

Approved June 6, 1950. 



An Act making further exemptions from the law re- (Jhav 501 

LATINO to charter OR SPECIAL BUS SERVICE, SO CALLED. 

Be it enacted, etc., as follows: 

The third paragraph of section 11 A of chapter 159A of the g. l. (Ter. 
General Laws, as amended by chapter 484 of the acts of f'liA^tt^' 
1948, is hereby further amended by striking out the third amended. 
sentence and inserting in place thereof the following : — 



350 



Acts, 1950. — Chap. 502. 



"Charter 
service" and 
" spooial serv- 
ice" defined. 



The terms charter service or special service shall not in- 
clude the operation of a motor vehicle actually used for the 
transportation of school children under a contract with a 
municipality or municipal board, or for the transportation 
of school children in a school bus, as defined in section one 
of chapter ninety, to or from events of pubHc interest, or 
the operation of a motor vehicle actually used for the trans- 
portation of school children to and from schools, the authori- 
ties of which have entered into a written agreement with 
the owner of the motor vehicle for the furnishing of such 
transportation, or the operation of sight-seeing automobiles 
licensed under chapter three hundred and ninety-nine of 
the acts of nineteen hundred and thirty-one. 

Approved June 6, 1950. 



G. L. (Ter. 
Ed.). 90, § 1, 
etc., amended. 



"School bus" 
defined. 



Chap. 502 An Act further defining "school bus" and further 

REGULATING THE OPERATION THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 90 of the General Laws, 
as amended, is hereby further amended by striking out the 
paragraph defining "School bus", as most recently amended 
by section 1 of chapter 216 of the acts of 1947, and inserting 
in place thereof the following paragraph : — 

"School bus", any motor vehicle used for the transporta- 
tion of school children, while so used, but not including any 
such motor vehicle used for not more than three days in 
case of emergency or a motor vehicle while also used for 
common carriage of the public under a certificate and per- 
mit issued under sections seven and eight of chapter one 
hundred and fifty-nine A, or a motor vehicle having perma- 
nent seating accommodations for and carrying not more 
than nine persons in addition to the operator. 

Section 2. Section 7B of said chapter 90, inserted by 
section 1 of chapter 241 of the acts of 1945, is hereby amended 
by striking out clause (1) and inserting in place thereof the 
following : — 

(1) The words "SCHOOL BUS" shall be painted on the 
front and rear of each such vehicle in black letters of not less 
than six inches in height and in strokes of not less than three 
quarters inch in width on a yellowish orange background, or 
shall be so painted upon signs attached to the front and rear 
of each vehicle; and such words shall be plainly legible at a 
distance of at least three hundred feet in the direction towards 
which they are displayed. No motor vehicle shall display 
such words when it is being used for purposes other than the 
transportation of school children; 

Section 3. Section 7C of said chapter 90, as amended by 
chapter 307 of the acts of 1948, is hereby further amended 
by adding at the end the following sentence: — Such rules 
and regulations shall not apply to a motor vehicle operated 
by a holder of a certificate issued under section seven of 



G. L. (Ter. 
Ed.). 90, § 7B, 
etc.. amended. 



Refiuirements 
as to operation 
of school 
buses. 



G. L. (Ter. 
Ed.). 90. § 7C. 
etc., amended. 

School buses, 
standards for 
construction 
of, etc. 



Acts, 1950. —Chap. 503. 351 

chapter one hundred and fifty-nine A and a permit issued 
under section eight of said chapter. 

Section 4. Said chapter 90 is hereby further amended EdVoaTVo. 
by striking out section 7D, inserted by section 2 of chapter etc., 'amended'. 
216 of the acts of 1947, and inserting in place thereof the 
following section: — Section 7D. The requirements of i^s^" oprmfon 
clause (1) of section seven B shall apply to any motor ve- of school buses 
hide, having permanent seating accommodations for and certamniotor 
carrying eight or nine persons in addition to the operator, vehicles. 
regularly used for the transportation of school children, while 
so used. 

Section 5. Section lA of said chapter 90, as most re- g- l- (Ter. 
cently amended by chapter 471 of the acts of 1950, is hereby etc!, 'amended.* 
further amended by adding at the end thereof the following 
paragraph: — 

No motor vehicle used as a school bus, except a vehicle Certain motor 
so used under contract with a city or town and insured as emptfro^m 
provided in section four of chapter forty of the General Laws, pompuisory 

" . ri-i •• •! msurance law. 

or a vehicle for the operation of which security is required to 
be furnished under section six of chapter one hundred and 
fifty-nine A, shall be registered under sections two to five, 
inclusive, unless the policy or bond as defined in section 
thirty-four A, or the binder as described in the definition of 
"certificate" in said section provides indemnity, protection 
or security in the case of any one accident resulting in injury 
to or death of more than one person up to the amount of 
fifty thousand dollars. 

Section 6. Section 14 of said chapter 90, as most recently g. l. (Ter. 
amended by chapter 324 of the acts of 1948, is hereby ^tl! 'amended. 
further amended by striking out the third sentence and in- 
serting in place thereof the following sentence: — When Motor vehicles 
approaching a vehicle which displays a sign bearing the brought to a 
words "SCHOOL BUS" as provided in section seven B, and ^^°p j^st^nces. 
which has been stopped to allow passengers to alight from 
or board the same, a person operating a motor vehicle shall, 
except when approaching from the opposite direction on a 
divided highway, bring his vehicle to a full stop immediately 
before passing said other vehicle and shall not thereafter 
proceed at a rate of speed in excess of ten miles per hour 
while passing said other vehicle. Approved June 6, 1950. 



An Act designating the swimming pool in the Middlesex Qhap.dOS 

FELLS RESERVATION AS THE SERGEANT GEORGE J. HALL 
MEMORIAL POOL. 

Be it enacted, etc., as follows: 

The swimming pool in the Dark Hollow section of the 
Middlesex Fells reservation shall be designated and known 
as the Sergeant George J. Hall Memorial Pool. The metro- 
pohtan district commission is hereby authorized and di- 
rected to erect at said pool a suitable tablet or marker bearing 
said designation. Approved June 6, 1950. 



352 Acts, 1950. — Chaps. 504, 505. 

Chap. 504: An Act correcting an inequity with regard to the 

SALARY OF CARL E. JOHNSON, AN EMPLOYEE OF THE DI- 
VISION OF EMPLOYMENT SECURITY. 

Be it enacted, etc., as follows: 

In order to correct an inequity in the salary paid to 
Carl E. Johnson, an employee of the division of employ- 
ment security, who was a permanent employee of said di- 
vision holding the title of assistant supervisor of benefits, 
and who, on December seventeenth, nineteen hundred and 
forty-two, was assigned the duties of supervisor of benefits 
in said division in place of one John Power who had entered 
into the military service of the United States, and served as 
supervisor of benefits until May first, nineteen hundred and 
forty-six without receiving therefor the added remuneration 
due him for such services because of the failure of said 
division of employment security to properly issue a requi- 
sition until May first, nineteen hundred and forty-six, said 
division is hereby authorized to issue a requisition appoint- 
ing said Carl E, Johnson to the position of supervisor of 
benefits in said division, to be effective from December 
seventeenth, nineteen hundred and forty-two to May first, 
nineteen hundred and forty-six, and the division of civil 
service is hereby authorized and directed to approve said 
appointment. Said division of employment security is 
hereby authorized to pay to said Carl E. Johnson the dif- 
ference in any salary which would have been paid to him if 
such appointment had been properly requisitioned. 

Approved June 6, 1950. 

Chap. 505 An Act relative to the time within which additional 

EXCISE TAXES MAY BE ASSESSED BUSINESS AND MANU- 
FACTURING CORPORATIONS. 

Be it enacted, etc., as follows: 

Ed^'6J*s'45 Section 45 of chapter 63 of the General Laws, as most 
etc!, 'amended, recently amended by chapter 395 of the acts of 1943, is 
hereby further amended by striking out, in line 5, the word 
"two" and inserting in place thereof the word: — three, — 
Assessment SO that the first scntcncc will read as follows : — If the 
commissioner discovers from the verification of a return, 
or otherwise, that the full amount of any tax due under 
sections thirty to fifty-one, inclusive, or under section 
sixty-seven, has not been assessed, he may, at any time 
within three years after September first of the year in which 
such assessment should have been made, assess the same, 
with interest as provided in section forty-eight to the date 
when the additional tax so assessed is required to be paid 
hereunder, first giving notice to the corporation to be assessed 
of his intention; and a representative of the corporation 
shall thereupon have an opportunity, within ten days after 
such notification, to confer with the commissioner as to the 
proposed assessment. Approved June 6, 1950. 



of additional 
tax 



Acts, 1950. — Chaps. 506, 507, 508. 353 

An Act relative to the time within which additional Chav.506 

CORPORATION EXCISE TAXES MAY BE ASSESSED BY REASON 
OF FEDERAL CHANGES IN THE DETERMINATION OF NET 
INCOME. 

Be it enacted, etc., as follows: 

Section 36 of chapter 63 of the General Laws, as most S-.ViPj .,r 
recentlj^ amended by section 2 of chapter 473 oi the acts of etc., amended. 
1935, is hereby further amended by striking out the second 
sentence and inserting in place thereof the following 
sentence : — If from such report or upon investigation it ^{""turn " 
shall appear that the tax with respect to income imposed 
by this chapter has not been fully assessed, the commis- 
sioner shall within one year of the receipt of such report or 
within one year of discovery of such a determination, if 
unreported, assess the deficiency, with interest at the rate 
prescribed in section forty-eight from April tenth of the 
year in which the original return of income of the corporation 
was due to be filed, and the tax so assessed shall be payable 
thirty days from the date of notice to the corporation of 
such assessment. Approved June 6, 1950. 

An Act authorizing the department of public works Chav. 507 
TO require bonds in connection with the issuance 
of permits. 

Be it enacted, etc., as follows: 

Section 21 of chapter 81 of the General Laws, as amended gd.V.sM 21, 
by chapter 298 of the acts of 1948, is hereby further amended etc.. 'amended. 
by adding at the end the following: — The department 1^°'^^'?^.^''^^^® 
may require a bond to guarantee the faithful and satisfactory 
performance of the work and payment for any damage to 
state highways and facilities caused by or resulting from 
the operations authorized by such permit. The amount of 
said bond shall be determined by the department not to 
exceed the estimated cost of the work and possible damage, 
but shall be not less than five hundred dollars nor more than 
ten thousand dollars. Approved June 6, 1950. 



An Act extending the time during which applications 
for state aid for the construction of school build- 
ings may be made. 

Be it enacted, etc., as follows: 

Section 10 of chapter 645 of the acts of 1948 is hereby 
amended by striking out, in line 3, the word "fifty-one" and 
inserting in place thereof the word: — fifty-three, — so as 
to read as follows: — Section 10. Sections one to nine of this 
act shall take effect on July first of the current year, and 
shall cease to be operative on June thirtieth, nineteen hun- 
dred and fifty-three, except that the payments provided by 
section nine shall be continued thereafter by the state treas- 



C/iap.508 



354 Acts, 1950. —Chaps. 509, 510, 511, 512. 

urer, subject to appropriation, in accordance wath the pro- 
visions of said section, on certification of the commissioner 
of education. Approved June 6, 1950. 



}} 



Chap. 509 An Act further defining the word "elevator 

Be it enacted, etc., as folloivs: 

Ed^iJr§62 Section 62 of chapter 143 of the General Laws, as appear- 
ameAded.' "' ing in the Tercentenary Edition, is hereby amended by add- 
;• Elevator "to j^g ^t the cnd the followine; sentence: — The word "elevator" 
stairways. shall includc moving stairways. Approved June 6, 1950. 

Chap.510 An Act providing for the enclosure by pipe or conduit 

OF A PORTION OF BEAVER BROOK IN WALTHAM. 

Be it enacted, etc., as follows: 

The metropolitan district commission is hereby authorized 
and directed to enclose Beaver brook in the city of Waltham 
within the area between Grove street and River street by a 
conduit or pipe. For the purposes of this act, said commis- 
sion may expend such sums as may hereafter be appropriated 
therefor. Approved June 6, 1950. 

Chap.511 An Act providing that the superior court shall have 

JURISDICTION IN EQUITY TO RESTRAIN CERTAIN VIOLATIONS 
OF THE LAW REGULATING CLOSING OUT SALES. 

Be it enacted, etc., as follows: 

EdVoI'^new Chapter 93 of the General Laws is hereby amended by 
§2'8E, added, inserting after section 28D, inserted by chapter 165 of the 
Superior court acts of 1938, the following section: — Section 28E. Upon 
jurisdiction complaiut of any person, the superior court shall have juris- 
to enjoin. diction in equity to restrain and enjoin any act forbidden or 

declared illegal by any provision of sections twenty-eight A 
to twenty-eight C, inclusive. Approved June 6, 1950. 

Chap. 512 An Act providing that the commissioner of adminis- 
tration MAY make rules AND REGULATIONS RELATIVE TO 
TRAVEL. 

prTanfbie^^ WJiereos, The deferred operation of this act would tend 

to defeat its purpose, which is to provide that the com- 
mis.sioner of administration may make rules and regulations 
to be effective forthwith, relative to travel, 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: 

Edo.'v^fy. The last paragraph of section 7 of chapter 7 of the General 

etc., 'amended. Laws, as appearing in chapter 448 of the acts of 1949, is 

hereby amended by inserting after the word "regulate", 

in line 4, the word: — travel, — so as to read as follows: — 



Acts, 1950. — Chaps. 513, 514, 515. 355 

The commissioner shall, subject to the approval of the Commissioner 
commission on administration and finance and the governor l^uv/^vac^a-^ 
and council, from time to time, make rules and regulations H""-"''^!' 
which shall regulate travel, maintenance charges or pay- of emp*ioyee8. 
ments in lieu thereof, vacation leave, sick leave and other 
leave with pay, including compensation for overtime service, 
for permanent and temporary employees. 

Approved June 8, 1950. 

An Act increasing the compensation of certain pro- QfiQj) 5^3 

BATION officers. 

Be it enacted, etc., as follows: 

Section 83 of chapter 276 of the General Laws, as most Ed^'276^5 83 
recently amended by section 1 of chapter 783 of the acts of etc.. 'amended.' 
1949, is hereby further amended by striking out, in line 40, 
the words "twenty-five hundred" and inserting in place 
thereof the words: — three thousand. 

Approved June 8, 1950. 

An Act clarifying the law providing for leave of Qfidj) 524 

ABSENCE FOR CIVIL SERVICE EMPLOYEES WHO ARE VET- 
ERANS AND ATTEND SCHOOL OR COLLEGE OR ARE EM- 
PLOYED IN "on the job" training, so CALLED, UNDER 
THE PROVISIONS OF THE G. I. BILL OF RIGHTS, SO CALLED. 

Be it enacted, etc., as follows: 

Chapter 228 of the acts of 1948 is hereby amended by 
adding at the end the following paragraph: — 

Notwithstanding any general or special law to the con- 
trary relating to civil service employees, any person holding 
office or employment under permanent appointment in the 
official or labor service of the commonwealth, or of any 
county, city or town thereof, who left his office or employ- 
ment prior to July fourteenth, nineteen hundred and forty- 
eight for the purpose of attending school or college for 
further education under the G. I. Bill of Rights, so called, 
or for the purpose of employment as a rehabilitation trainee, 
apprentice trainee or "on the job" trainee, under said 
G. I. Bill of Rights, so called, and who was subsequently 
reemployed or reinstated within one year after such educa- 
tion or training in a permanent position, shall be reemployed 
or reinstated without loss of seniority rights. 

Approved June 8, 1950. 

An Act to prevent unfair discrimination, unfair Char).515 

METHODS of COMPETITION AND DESTRUCTIVE TRADE PRAC- 
TICES IN THE RETAIL SALE OF MOTOR FUEL. 

Be it enacted, etc., as follows: 

Section 1. Section 295A of chapter 94 of the General Ed^.gl^*^' 
Laws, as appearing in section 1 of chapter 459 of the acts of § 295A, 'etc., 
1939, is hereby amended by striking out, in line 3, the letter '^°'''" 
"0" and inserting in place thereof the letter: — W, — and 



356 Acts, 1950. — Chap. 515. 

by inserting after paragraph (5) the following paragraph : — 
(6) The term "cost to the retail dealer" shall mean the 
cost of such motor fuel to the dealer plus the cost of doing 
business, including that part of the overhead of such dealer 
properly attributable to the sale of such motor fuel according 
to generally accepted methods of accounting procedure, 
which overhead shall include without limitation, labor (in- 
cluding the salaries of proprietors and corporate officials and 
others or a reasonable value for the services of such where 
no direct wage or salary is paid to them), rent (or a reason- 
able return on capital invested in real property used in said 
business) depreciation, selling costs (including gifts or 
premiums or other valuable considerations passing from the 
dealer to the purchaser in connection with the sale of motor 
fuel), maintenance of equipment, delivery costs, all types of 
licenses, taxes, insurance, and advertising, — so as to read 
Definitions. as f ollows I — Sectiou 295 A. When used in sections two 
hundred and ninety-five A to two hundred and ninety-five 
W, inclusive : — 

(1) The term "retail dealer" shall mean any person 
operating a service station, filling station, store, garage or 
other place of business for the retail sale of motor fuel or 
the sale of or dispensing of motor fuel for delivery into the 
service tank or tanks of any motor vehicle which is propelled 
by an internal combustion motor other than such a motor 
vehicle belonging to the person owning or operating said 
place of business. 

(2) The term "motor fuel" shall mean (a) a light distil- 
late of petroleum or allied substance with suitable volatility 
and other characteristics to be used as a fuel for operating 
internal combustion engines, whether or not it is mixed 
with other materials, or (6) any other product or liquid 
when sold for use as a fuel in any type of internal combustion 
engine furnishing power to operate a motor vehicle. 

(3) The word "department" shall mean the department 
of labor and industries. 

(4) The word "division" shall mean the division on the 
necessaries of life of the department of labor and industries. 

(5) The word "director" shall mean the director of stand- 
ards and necessaries of life. 

(6) The term "cost to the retail dealer" shall mean the 
cost of such motor fuel to the dealer plus the cost of doing 
business, including that part of the overhead of such dealer 
properly attributable to the sale of such motor fuel according 
to generally accepted methods of accounting procedure, 
which overhead shall include without limitation, labor (in- 
cluding the salaries of proprietors and corporate officials and 
others or a reasonable value for the services of such where 
no direct wage or salary is paid to them), rent (or a reason- 
able return on capital invested in real property used in said 
business) depreciation, selling costs (including gifts or 
premiums or other valuable considerations passing from the 
dealer to the purchaser in connection with the sale of motor 



Acts, 1950. — Chap. 515. 357 

fuel), maintenance of equipment, delivery costs, all types of 
licenses, taxes, insurance, and advertising. 

Section 2. Said chapter 94 is hereby further amended KdV o7*new 
by inserting after section 2950, as so appearing, the follow- §§ 295P-290W, 
ing eight sections: — Section 295 P. No retail dealer shall, NoMoBeiiat 
with intent to injure competitors or destroy substantially or imb than cost. 
lessen competition, advertise, offer to sell, or sell at retail 
motor fuel at less than cost to such retail dealer. 

Section 295Q. Where the retail dealers or any part thereof !['urvp'"eom- 
in a trading area have caused to be made by an independent pptent evi- 
agency a cost survey of doing retail business in such area in of co!t.° ^'^°°^ 
accordance with generally accepted methods of accounting 
in which survey all retail dealers in said area have been 
given an opportunity to furnish to the surveyor information 
from their books and records with respect to their cost of 
doing business and the said retail dealers have thereafter 
been given an opportunity to adopt or reject said survey by 
written approval, such cost-survey shall be deemed com- 
petent evidence in proving the cost to any such retailer. 

Section 295R. The provisions of sections two hundred and [ions'lTotTo 
ninetv-five P to two hundred and ninety-five W, inclusive, ^ppIy to cer- 
shall not apply to sales at retail made : — retail, etc. 

(a) AVhere motor fuel is advertised or offered for sale or 
sold upon the final liquidation of the business of said retail 
dealer. 

(6) Where motor fuel is sold in good faith to meet the price 
of a competitor. 

(c) Where motor fuel is advertised or offered for sale or 
sold by any fiduciary or other officer acting under the order 
or direction of any court. 

Section 295S. Any retail dealer who violates any of the Penalty, 
provisions of section two hundred and ninety-five P shall 
be punished by a fine of not more than one thousand dollars. 

Section 295 T. On complaint of any retail dealer the superior court 
superior court shall have jurisdiction in equity to restrain jurisdiction 
and enjoin any act declared illegal by any provision of sec- inequity, 
tions two hundred and ninety-five P to two hundred and 
ninety-five W, inclusive, and it shall be the duty of the 
several district attorneys, in their respective districts, to 
prosecute all violators of any provision of said sections. 

Section 295 U. Whenever the application of the provisions when sections 
of any other law of this commonwealth conflicts with the ^^^" p''''''^''- 
application of the provisions of sections two hundred and 
ninety-five P to two hundred and ninety-five W, said sections 
shall prevail. 

Section 295V. If any provision of sections two hundred any^provi^ioL 
and ninety-five P to two hundred and ninety-five W, in- not to affect 

1 • ,1 ^• i^- e 1 • • i remainder, 

elusive, or the application of such provision to any person etc. 
or circumstance shall be held invahd, the remainder of said 
section or the application of such provision to person or 
circumstance other than those as to which it is held invalid, 
shall not be affected thereby. 

Section 295W. Sections two hundred and ninety-five P Jg^the " Sir 



358 



Acts, 1950. — Chaps. 516, 517, 518. 



the^R^ui/*"^ to two hundred and ninety-five W, inclusive, shall be known 
Sale of Motor and may be cited as the "Unfair Sales Act for the Retail 
Sale of Motor Fuels". Approved June 8, 1950. 



Fuels". 



Chap.dlQ ^ Act authorizing the department of public works 

TO IMPROVE, DEVELOP, MAINTAIN AND PROTECT, OUTSIDE 
OF BOSTON HARBOR, NON-TIDAL RIVERS AND STREAMS AND 
PUBLIC BEACHES. 



G. L. (Ter. 
Ed.), 91, § 11, 
amended. 



Improvement 
and preserva- 
tion of rivers, 
harbors, etc. 



Be it enacted, etc., as follows: 

Section 11 of chapter 91 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by 
striking out the first sentence and inserting in place thereof 
the following sentence : — Outside of Boston harbor the de- 
partment shall undertake such work for the improvement, 
development, maintenance and protection of tidal and non- 
tidal rivers and streams, harbors, tide waters, foreshores and 
shores along a public beach as it deems reasonable and proper, 
and for this purpose shall have the same powers conferred 
upon it by section thirty-one. Approved June 8, 1950. 



Chap. 517 An Act repealing a certain provision of law relative 

TO THE DISTRIBUTION OF RECEIPTS FROM THE INCOME TAX 
TO THE TOWN OF SAVOY. 

Be it enacted, etc., as follows: 

Chapter three hundred and sixty-nine of the acts of nine- 
teen hundred and thirty-seven is hereby repealed and no dis- 
tribution thereunder shall be made in the year nineteen 
hundred and fifty or thereafter. Approved June 8, 1950. 



Chap 



G. L. (Ter. 
Ed.). 92, new 
§ 95A, added. 

Commission 
may grant 
permits for 
obstructions 
over its lands. 



,51g An Act providing for the granting of permits by the 
metropolitan district commission for projections 

OVER its lands, AND RELATIVE TO CONSTRUCTION AND 
MAINTENANCE ON SAID LAND OF LINES, POLES AND OTHER 
EQUIPMENT FOR THE TRANSMISSION OF INTELLIGENCE BY 
ELECTRICITY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 92 of the General Laws is hereby 
amended by inserting after section 95 the following section : — 
Section 95 A. The commission may grant permits, upon 
such terms and conditions and for such considerations or 
rentals as the commission may deem proper, for the pro- 
jection of signs, marquees, awnings and other devices over 
its property or over property under its care and control, and 
for that purpose may adopt, reasonable rules and regulations 
and assess penalties for violations thereof. Before the issue 
of a permit hereunder, the applicant shall file with the com- 
mission a bond running to the commission, in such penal 
sum as the commission shall determine, to indemnify and 
save harmless the commission and its agents and employees 
from all claims, loss, damage and expense in any way relating 



Acts, 1950. —Chap. 519. 359 

to or connected with such permit. This section shall not 
apply to signs or other structures projecting into or over the 
way a distance of less than six inches, nor to poles, wires, 
conduits and appurtenances of railroad, railway, telegraph 
and telephone, water, gas, electric light, heat and power com- 
panies. 

Section 2. Section 13 of said chapter 92, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by inserting ^nlenled^ ^^' 
after the word "power", in line 4, the words: — or intelli- 
gence by electricity, — so as to read as follows : — Sec- May license 
Hon IS. The commission may, by lease, license or other J^f^poies'^lnd* 
agreement, permit the construction and maintenance, on wires for trans- 
any land under its control for water supply and water works dectHcity. 
purposes, of towers, poles, wires and other structures for the 
purpose of transmitting electric power or intelhgence by 
electricity over lands and waters of the commonwealth held 
for water supply purposes'; provided, that, in the opinion of 
the commission, such lease, license or agreement will not 
affect or interfere with the metropolitan water supply, and 
provided, further, that no lease, license or agreement shall 
be given or made for a period of more than fifteen years. 

Section 3. Section 43 of said chapter 92, as so appear- g. l. (Ter. 
ing, is hereby amended by inserting after the word "gas", amended.^ ^^' 
in line 8, the words: — or for the transmission of intelligence 
by electricity, — so as to read as follows : — Section 43. The Granting 
commission may grant locations to street railways or electric itreerraiiways. 
railroads within the boulevards and reservations in its care electric rail- ' 

J J. 1 J 1 J. 11 roads, gas and 

and control, and may also grant upon, under, along or across electric com- 
such boulevards and reservations such locations as shall be p^°'^^- 
found by order of the department of public utilities after 
public hearing to be required by public convenience and 
necessity for poles, wires, cables or pipes for the transmis- 
sion of electricity for light, heat or power or for the dis- 
tribution of gas or for the transmission of intelligence by 
electricity. No grant of a location to a gas or electric com- 
pany under the provisions of this and the following section 
shall affect the rights of parties under sections eighty-six, 
eighty-seven and eighty-eight of chapter one hundred and 
sixty-four in cases involving locations in public ways of a 
town other than locations upon, under, along or across such 
boulevards or reservations, but such rights shall be deter- 
mined without reference to the provisions of this and the 
four following sections or to the grant of any location there- 
under. Approved June 8, 1950. 

An Act authorizing the giving of old age assistance Qfiav 519 

TO CERTAIN INMATES OF A BOARDING HOME OR INSTI- 
TUTION while BEING CARED FOR UNDER A CONTRACT. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 1 of chapter g. l. (Ter. 
118A of the General Laws, as amended, is hereby further ftc^'amended^' 
amended by inserting after the word "contract" in line 25, 



360 



Acts, 1950. — Chap. 520. 



Old age 

assistance, 

qualifications 

for. 



G. L. (Ter. 

Ed.), 

118A, new § lA, 

added. 

Assistance to 
be given cer- 
tain inmates 
of boarding 
home, etc. 



as appearing in section 1 of chapter 489 of the acts of 1943, 
the words: — except in accordance with the provisions of 
section one A, — so that the third sentence will read as 
follows: — Such assistance shall, wherever practicable, be 
given to the aged person in his o^vii home or in lodgings or 
in a boarding home, which for the purposes hereof shall 
include any institution providing shelter, care and treat- 
ment for aged persons which is not supported in whole or 
in part by pubhc funds; provided, that no inmate of such a 
boarding home or institution shall be eligible for assistance 
under this chapter while being cared for under a contract 
except in accordance with the provisions of section one A; 
and provided, further, that for the purposes of this chapter 
any person who, while such an inmate, has lost his settle- 
ment or who shall lose his settlement at the time of admission 
to such home or institution shall be deemed to have no 
settlement in the commonwealth. 

Section 2. Said chapter 118A is hereby further amended 
by inserting after section 1 the following section : — Section 
lA. Assistance shall be given under the provisions of this 
chapter to the inmate of any boarding home or institution 
although he is being cared for under a contract, and in the 
same manner as if there were no contract; provided, that 
such inmate is resident in a home for the aged, incorporated 
under chapter one hundred and eighty or by special act as 
a charitable home for the aged, and the trustees or directors 
of said home can prove to the satisfaction of the commis- 
sioner of public welfare that the current income of such 
institution is insufficient to permit continued performance of 
the contract and that the welfare of the persons affected 
may be jeopardized if such assistance is not given. 

Approved June 8, 1950. 



Chav.520 ^^ ^^'^ prohibiting coercion in the placing of insur- 
ance ON real or personal property. 



G. L. (Ter. 
Ed.), 175. 
new § 193E, 
added. 
Prohibiting 
coercion in 
placing of 
insurance on 
property. 



Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by 
inserting after section 193D, inserted by chapter 621 of 
the acts of 1948, the following section: — Section 193E. 
No person, firm or corporation engaged in the business of 
financing the purchase of real or personal property or of lend- 
ing money on the security of real or personal property shall 
require, as a condition precedent to such financing or lending, 
or as a condition precedent to the renewal or extension of 
any such loan or to the performance of any other act in 
connection with such financing or lending, that the pur- 
chaser or borrower, or his successors, shall negotiate through 
a particular insurance company, or insurance agent or broker, 
any policy of insurance or renewal thereof insuring such 
property. 

Any person, firm or corporation, whether as principal, 
agent, officer or director, for himself or itself, or for another 



Acts, 1950. — Chaps. 521, 522. 361 

person, firm or corporation, violating the provisions of this 
act shall be fined not more than one hundred dollars. This 
section shall not prevent the exercise by any such person, 
firm, corporation, trustee, director, officer, agent or employee 
of its right to approve or disapprove of the insurance com- 
pany selected to underwrite the insurance and of the policy 
including its terms and conditions. 

Approved June 8, 1950. 

An Act providing that cities and towns may make Chap. 521 

CONTRACTS FOR EXPERT APPRAISAL OF TAXABLE REAL 
ESTATE. 

Be it enacted, etc., as follows: 

Section 4 of chapter 40 of the General Laws, as amended, Ed^iJ^^s 4 
is hereb}^ further amended by adding at the end the follow- etc.', amended. 
ing paragraph : — 

For an expert appraisal of taxable real estate. Contracts Power to 
for such appraisal may be made by the assessors for periods '=°°'^'"*'='- 
not exceeding three years; provided, that such contracts, 
in any city or town except Boston, shall not involve an 
expenditure in any one year in excess of one twentieth of 
one per cent, and in Boston not in excess of one hundredth 
of one per cent, of the assessed valuation of the taxable 
property for such year. Approved June 8, 1950. 

An Act relative to the construction of certain main Qhav 522 

AND particular SEWERS IN THE NORTHEAST SECTION OF 
THE CITY OF MELROSE. 

Be it enacted, etc., as follows: 

Section 1. The city of Melrose, acting through its board 
of aldermen, is hereby authorized to assess upon the owners 
of estates which derive particular benefit or advantage from 
any system of main drains and common sewers which may 
be constructed by said city, with or without the aid of fed- 
eral funds, in that portion of the northeast section of said 
city shown on a plan entitled "plan Showing Proposed 
Sewer Extensions and Areas to be Sewered in Northeast 
Section of Melrose, Mass., dated March 30, 1950, Glen S. 
Weeks, Engineer and Superintendent of Public Works, Mel- 
rose, Mass.", sums equal, in the aggregate, to not more than 
one half of so much of the cost of such construction as is 
paid by said city from funds other than those made avail- 
able by the federal government, at a fixed uniform rate ac- 
cording to both frontage and area, as authorized by section 
fifteen of chapter eighty-three of the General Laws, any 
provision of any general or special law or of any ordinance of 
said city to the contrary notwithstanding. 

Section 2. The aldermen may, from time to time, by 
order authorize the construction of any portion of the sys- 
tem of main drains and common sewers referred to in section 
one and may state in such order that betterments are to be 



362 Acts, 1950. — Chap. 522. 

assessed therefor upon the several estates embraced in the 
area included in the plan referred to in said section one, or 
such portion thereof, as they deem will receive benefit or 
advantage therefrom, other than the general advantage to 
the community. An order under this section which states 
that betterments are to be assessed shall contain a descrip- 
tion sufficiently accurate for identification of the area which 
it is expected will receive such benefit or advantage, and 
shall refer to a plan of such area, and shall contain a sched- 
ule of all the estates affected thereby. Such order, plan and 
schedule shall be recorded within thirty days from the 
adoption of the order in the Middlesex South Registry of 
Deeds. 

Section 3. Subject to the provisions of section two, the 
aldermen may order the construction of a pumping station, 
trunk sewer and other works essential to the disposal of 
sewage from the entire area embraced in the plan referred to 
in section one, and take by eminent domain under chapter 
seventy-nine of the General Laws, or authorize the pur- 
chase of, land, water rights, rights of way or easements 
necessary therefor, and may assess betterments therefor in 
the manner hereinbefore provided. The engineer and su- 
perintendent of public works shall keep an accurate account 
of the cost of such construction, including damages or 
amounts paid for such takings or purchases, and shall, 
forthwith following the completion thereof, prepare and 
record in a book kept for the purpose schedules showing 
the amounts which may be assessed, subject to the provi- 
sions of section one, upon the several estates in such area 
in the proportion in which they will receive particular bene- 
fit or advantage therefrom. 

Section 4. Whenever a sewer, other than a particular 
sewer, constructed in such area into which any estates em- 
braced therein may be directly drained is completed, the 
engineer and superintendent of public works shall forthwith 
determine the cost thereof and the amounts which may be 
assessed, in the manner provided by section one, upon the 
several estates which will receive particular benefit or ad- 
vantage therefrom, and shall add thereto such amounts in- 
cluded in the schedules referred to in section three as relate 
to such estates. He shall certify such amounts to the board 
of aldermen and said board shall forthwith assess the same 
upon such estates. Notwithstanding the provisions of sec- 
tion twelve of chapter eighty of the General Laws, liens for 
assessments under this section shall take effect forthwith fol- 
lowing certification thereof by the aldermen to the assessors. 

Section 5. Any provision of general or special law, or 
of any ordinance of the city of Melrose, to the contrary not- 
withstanding, in connection with any hearing required to be 
held prior to the passage of an order authorizing the con- 
struction of a sewer under this act, the preparation of a 
schedule of estimated betterments for the information of 
owners of estates affected thereby shall not be required. 



Acts, 1950. — Chap. 522. 363 

Section 6. Assessments under section one shall be levied 
and collected in accordance with the provisions of chapter 
eighty-three of the General Laws; provided, that such as- 
sessments shall bear interest from the thirtieth day after 
the assessments have been committed to the collector at a 
rate not more than one per cent in excess of the rate which 
said city shall pay for any loan incurred for the purposes of 
said sewerage system, and that in no event shall such assess- 
ments bear interest at a rate of more than two and one 
fourth per cent; and, provided further, that the maximum 
number of portions into which the assessments may be ap- 
portioned under section thirteen of chapter eighty of the 
General Laws shall be twenty instead of ten. Interest on 
any amount of such assessments remaining unpaid shall be 
computed in the manner hereinbefore provided. 

Section 7. The time of the payment of assessments 
made under this act may be extended as provided in section 
nineteen of said chapter eighty-three; provided, that when- 
ever the time for the payment of any assessment is so ex- 
tended for a definite period and the land to which such 
assessment relates is not built upon at the expiration of such 
time, the time may be further extended as determined by the 
board of aldermen. If the time for payment of assessments 
is so extended, no demand for payment thereof shall be 
made by the collector within six months after the termination 
of such definite period or after such land is built upon, 
whichever occurs first, and within said six months the assess- 
ments may be apportioned under said section thirteen of 
chapter eighty of the General Laws, as affected by section 
six of this act. 

Section 8. If land which is subject to a lien for an assess- 
ment made under this act is subsequently divided by sale, 
mortgage, partition or otherwise and such division has 
been duly recorded in the registry of deeds, the assessors, 
before the land has been advertised for sale for non-payment 
of the assessment, may, or upon written request of the owner 
or mortgagee of a portion thereof, accompanied by a plan 
sufficient for the identification of the division of the whole 
estate, with the names of the different owners thereof, shall, 
divide said assessment or the amount thereof remaining 
unpaid, and the costs and interest accrued thereon, among 
the several parcels into which the land has been divided, 
assessing upon each parcel the part of the original assessment 
remaining unpaid proportionate to the special benefit re- 
ceived by such parcel from the improvement. After such 
assessment has been so divided, only the part of the assess- 
ment, interest and costs assessed upon each parcel shall 
constitute a lien upon such parcel. At least seven days prior 
to making such division the assessors shall send by registered 
mail to all owners of any interest in the land assessed, whose 
addresses are known to them, a notice of their intention 
to make such division and of the time appointed therefor, 
unless such notice has been waived. A person aggrieved 



364 Acts, 1950. — Chap. 522. 

by any action of the assessors under this section shall have 
the same remedy as a person aggrieved by the refusal of the 
mayor and aldermen to abate an assessment. 

Section 9. The said city of Melrose, acting through its 
engineer and superintendent of public works, may, upon 
application of the owner of any estate abutting on any way 
where a sewer is constnjcted in the northeast section of said 
city referred to in section one of this act, lay in such sewered 
way and in the private land of such owner such particular 
sewer or connecting drain as may be necessary to connect 
any building on such estate with such main drain or sewer, 
and said officer may make all necessary contracts in the 
name of and in behalf of said city for such purpose. The 
expense thereof shall be paid out of any appropriation that 
may be made by the board of aldermen therefor. 

Section 10. The cost of constructing each particular 
sewer or connecting drain shall be assessed by the said 
engineer and superintendent of public works upon the estate 
benefited thereby. Such assessment shall be made by filing 
with the board of assessors of the city a certificate, designating 
the way and the private land in which such particular sewer 
or connecting drain has been constructed, and giving the 
name or names of the owners of the estate for which such 
connection has been made and the amount of the assess- 
ment to be paid by such owner or ouTiers. A copy or dupli- 
cate of this certificate shall, within ten days after the filing 
of the same with the board of assessors, be recorded in the 
registry of deeds for the southern district for the county of 
Middlesex, or, in the case of registered land, filed in the office 
of the assistant recorder for the Middlesex county registry 
district. The board of assessors shall, upon receipt of such 
certificate, forthwith commit such assessments or charges 
with their warrant to the collector of taxes, who shall forth- 
with make a demand in writing for the payment of such 
assessments or charges, and every owner shall, within three 
months after such demand is served upon him or upon the 
occupant of the estate, or sent by mail to the last known 
address of the owner known to the collector of taxes, pay 
to the collector of taxes the sum assessed or charged under 
this section. 

Section 11. Except as herein provided, the provisions 
of general law relative to the assessment, apportionment, 
division, reassessment, abatement and collection of sewer 
assessments, to liens therefor and to interest thereon shall 
apply to assessments for particular sewers made under this 
act. In applying said provisions to assessments so made 
for particular sewers, the notice therein referred to shall be 
deemed to be the demand of the tax collector required by 
section ten hereof. The lien for any assessment for particular 
sewers made under this act shall attach upon the recording 
or filing for registration of the copy or duplicate of the 
certificate of assessment. 



Acts, 1950. — Chap. 523. 365 

Section 12. No act shall be done under the authority 
of the preceding sections except in the making of surveys 
and the preparation of plans until the plans of the proposed 
sewers and other sewerage works have been approved by 
the state department of public health. 

Section 13. This act shall take effect upon its passage. 

Approved June 12, 1960. 



An Act relative to unclaimed funds held by life Qhn^ KO'i 

INSURANCE COMPANIES. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter 175 of the General Laws is hereby g. l. (Xer. 
amended by striking out section 149A, inserted by chapter fu^giyetc., 
455 of the acts of 1946, and inserting in place thereof the amended. 
following section: — Section 149 A. "Unclaimed funds" "Unclaimed 
within the meaning of this section and sections one hundred fined! ^^ 
and forty-nine B to one hundred and forty-nine D, inclu- 
sive, shall mean and include all monies held and owing by 
any life insurance company doing business in this common- 
wealth which shall have remained unclaimed and unpaid for 
seven years or more after it is established from the records 
of such company that such monies became due and payable 
under any life or endowment insurance policy or annuity 
contract which has matured or terminated and which monies 
are payable to a person whose last known address is within 
this commonwealth, provided, that if a person other than 
the insured or annuitant be entitled to such funds and no 
address of such person be known to such company or if it 
be not definite and certain from the records of such company 
what person is entitled to such funds, then in either event it 
shall be presumed for the purposes of this section that the 
last known address of the person entitled to such funds is 
the same as the last known address of the insured or annui- 
tant according to the records of such company. A life insur- 
ance policy not matured by actual proof of the prior death 
of the insured shall be deemed to be matured and the pro- 
ceeds thereof shall be deemed to be "due and payable" 
within the meaning of this section if such policy is in force 
when the insured shall have attained the limiting age under 
the mortality table on which the reserve is based. Monies 
otherwise admittedly due and payable shall be deemed to 
be "held and owing" within the meaning of this section 
although the policy or contract shall not have been sur- 
rendered as required. This section shall not apply to amounts 
which have been paid to another state or jurisdiction prior 
to its effective date. 

Section 2. Section 149B of said chapter 175, as so g. l. (Ter. 
inserted, is hereby amended by striking out, in line 2, the § hob, etc. 
word "domestic", — so as