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

ACTS 

AND 

RESOLVES 

PASSED BY THE 



€mm\ ^m\i of P^assachusetts 



IN THE YEAR 



1951 



TOGETHER WITH 

TABLES SHOWING CHANGES IN THE STATUTES. ETC. 



PUBLISHED BY 

EDWARD J. CRONIN 

Secretary of the Commonwealth 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 
1951 



ACTS AND RESOLVES 

OF 

MASSACHUSETTS 

1951 



ti^ The General Court, which was chosen November 7, 1950, 
assembled on Wednesday, the third day of January, 1951, for its 
first annual session. 

The oath of office was taken and subscribed l>y His Excellency 
Paul A. Dever on Thursday, the fourth day of January, in the 
presence of the two Houses assembled in convention. 

The oath of office was taken and subscribed by His Honor 
Charles F. Jeff Sullivan on Friday, the fifth day of January, in 
the presence of His Excellency Paul A. Dever and the Executive 
Council. 



ACTS 



Chap. 



An Act to ascertain the will of the voters of the 
town of nantucket with reference to the ques- 
tion of the adoption of zoning by-laws by said 

TO\\T^. 

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

Section 1. For the purpose of ascertaining the will of 
the voters of the town of Nantucket wdth reference to the 
question of the adoption of zoning by-laws by said town, 
there shall be placed upon the official ballot to be used for 
the election of town officers at the annual town meeting of 
said town in the current year the following question : — 
"Shall this town adopt zoning by-laws?" If a majority of 
the votes in answer to said question is in the affirmative, it 
shall be deemed and taken to be the will of the voters of said 
town that the town shall adopt zoning by-laws, and if a 
majority of said votes is in the negative, it shall be deemed 
and taken to be the will of said voters that the town shall 
not adopt zoning by-laws. 

Section 2. This act shall take effect upon its passage. 
Approved January 18, 1951. 



An Act authorizing the election of selectmen for njidy 2 

three year terms in the town of NANTUCKET. ^' 

Be it enacted, etc., as folloios: 

Section 1. At the annual town election in the year 
nineteen hundred and fifty-two, the town of Nantucket 
shall elect one selectman for a term of one year, one for a 
term of two years and one for a term of three years, and 
thereafter shall elect one selectman each year for a term of 
three years. 

Section 2. This act shall be submitted to the registered 
voters of the town of Nantucket for acceptance at the annual 
town meeting in the current year in the form of the following 
question, which shall be placed on the official ballot to be 
used for the election of town officers at said meeting : — 
"Shall an act passed by the general court in the year nine- 
teen hundred and fifty-one, entitled 'An Act authorizing 
the election of selectmen for three year terms in the town of 
Nantucket', be accepted?" If a majority of the votes cast 
in answer to said question is in the affirmative, this act shall 
take full effect, but not otherwise. 

Approved January 18, 1951. 



Acts, 1951. — Chaps. 3, 4. 



Chap. 3 An Act providing for a five day work week for police 

OFFICERS OF THE TOWN OF WEST SPRINGFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. Notwithstanding any other provision of gen- 
eral or special law, the services of all police officers of the 
town of West Springfield shall be restricted to five days in 
any one week; provided, that, in case of any public emer- 
gency, or of any unusual demand for the services of said 
poHce, service in excess of five days may be authorized by 
the chief of police, and such additional services shall be 
compensated for as overtime. The compensation payable 
to any police officer shall not be reduced by reason of ac- 
ceptance of this act. 

Section 2. This act shall be submitted to the registered 
voters of the town of West Springfield at the annual town 
election in the current year in the form of the following 
question which shall be placed upon the official ballot to be 
used in said town at said election: — "Shall an act passed 
by the General Court in the year nineteen hundred and 
fifty-one, entitled 'An Act providing for a five day work 
week for police officers of the town of West Springfield', be 
accepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, this act shall take full efi^ect on 
March first, nineteen hundred and fifty-one, but not other- 
wise. Approved January IS, 1951. 

Chap. 4 An Act authorizing the borrowing of additional funds 

BY THE TOWN OF ABINGTON FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folloius: 

Section 1. Section 1 of chapter 382 of the acts of 1949 
is hereby amended by striking out, in line 6, the words 
"four hundred" and inserting in place thereof the words: — 
six hundred and fifty, — so as to read as follows : — Section 1 . 
For the purpose of acquiring land for and constructing a 
school building and originally furnishing and equipping the 
same, the town of Abington may borrow, from time to time, 
within a period of five years from the passage of this act, 
such sums as may be necessary, not exceeding, in the aggre- 
gate, six hundred and fifty thousand dollars, and may issue 
bonds or notes of the town therefor which shall bear on their 
face the words, Abington School Loan, Act of 1949. Each 
authorized issue shall constitute a separate loan and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in 
excess of the statutory limit and shall, except as provided 
herein, be subject to chapter forty-four of the General Laws, 
exclusive of the limitation contained in the first paragraph 
of section seven thereof. 

Section 2. This act shall take effect upon its passage. 
Approved January 23, 1961. 



Chap. 



Chap. 



Acts, 1951. — Chaps. 5, 6, 7. 

An Act relative to the election of members of the 
school committee in the town of wareham. 

Be it enacted^ etc., as follows: 

Section 1. At the annual town election to be held in the 
town of Wareham in the current year, two members of the 
school committee to be elected thereat shall be elected for 
terms of three years each and one member thereof shall be 
elected for a term of one year. Thereafter at any town elec- 
tion whereat members of the school committee of said town 
are to be elected, thej^ shall be elected for terms of three 
years each. 

Section 2. This act shall take effect upon its passage. 
Approved January 23, 1951. 

An Act to permit fire, water, light and improvement 
district boards to appoint members thereof to 
another district office or position. 

Be it enacted, etc., as follows: 

Section 4 A of chapter 41 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by add- ^meAded.^^^' 
ing at the end the following sentence : — The provisions of u '^^^'^^T^L 
this section, so far as apt, shall apply to fire, water, light of their mem- 
and improvement districts. Approved January 23, 1951. ^own^Cffices,"^ 

etc. 

An Act authorizing the city of Worcester to borrow Qfidj^ 7 

MONEY FOR SCHOOL PURPOSES. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may, within a period 
of five years from the passage of this act, incur indebtedness 
in an amount not exceeding four hundred and fifty thousand 
dollars for the construction of an elementary school building 
on Richmond avenue near Flagg street, including the cost 
of original equipment and furnishings for said school build- 
ing, and may issue bonds or notes therefor which shall bear 
on their face the words "Worcester School Building Loan, 
Act of 1951". 

Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than twenty years 
from their dates, but no loan shall be authorized under this 
act unless a sum equal to an amount not less than ten per cent 
of the loan so authorized is voted for the same purpose, to be 
provided from taxation or available revenue funds of the 
year when authorized. Indebtedness incurred under this 
act shall be in excess of the amount authorized by chapter 
two hundred and eleven of the Special Acts of nineteen 
hundn;d and sixteen, as amended by chapter one hundred 
and thirty-eight of the acts of nineteen hundred and twenty, 
and in excess of the amount authorized by chapter forty- 
four of the General Laws. Except as provided herein, in- 



6 Acts, 1951. — Chap. 8. 

debtedness incurred under this act shall be subject to the 
applicable provisions of said chapter forty-four, 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 26, 1951. 

Chap. 8 An Act relative to the fire deparment of the town 

OF LEXINGTON. 

Be it enacted, etc., as folloios: 

Section 1. The fire department of the town of Lexington 
shall be under the control and direction of a board of fire 
commissioners, to consist of three members to be appointed 
by the selectmen. Permanent members of the fire depart- 
ment shall not be eligible for membership on the board. 
At the time of the original appointment, one member shall be 
appointed for a term of three years from May first in the 
year of appointment, one member shall be appointed for 
a term of two years from said May first, and one member 
shall be appointed for a term of one year from said May first. 
Upon the expiration of the term of a member, hi^ successor 
shall be appointed for a term of three years. Terms shall 
expire on April tliirtieth, but members shall continue to 
serve until the appointment and quaHfication of their suc- 
cessors. Vacancies shall be filled by the selectmen for the 
balance of the unexpired term. Any member may be re- 
moved at any time by the selectmen for cause after a hearing. 
All members shall serve without salary, but may receive 
such allowance, if any, for expenses as the selectmen may 
determine within available appropriation. The board shall 
meet promptly after May first in each year and organize 
by electing from their membership a chairman and a clerk. 

Section 2. The board shall have charge of exting-uishing 
fires in said town and the protection of life and property in 
case of fire. The board shall appoint from outside its 
membership a chief engineer who shall be subject in all 
respects to the control of the board, except that when present 
at a fire he shall have exclusive control of extinguishing the 
fire and protecting life and property, and he shall be subject 
at all times to such rules and regulations as the board may 
issue. The board shall appoint such other officers and such 
firemen, within available appropriation, as they may deem 
necessary. The chief engineer, other officers and firemen 
may be removed by the board at any time for cause after a 
hearing. Except when inconsistent with the provisions of 
this act, the board shall have and exercise all the powers 
and discharge all the duties conferred or imposed by statute 
upon boards of engineers for towns. 

Section 3. The board shall have full authority in the 
administration of the fire department, shall make all rules 
and regulations for its operation and control, shall report 
to the selectmen from time to time as the selectmen may 



Acts, 1951. — Chap. 9. 

require, and shall report annually to the town the condi- 
tion of the department and their recommendations relative 
thereto. In the expenditure of money, the board shall be 
subject to such hmitations as the town may from time to 
time prescribe through its appropriations or otherwise. 

Section 4. The board shall purchase, have custody of 
and keep in repair all apparatus and equipment of the fire 
department and shall have custody of and keep in repair 
all buildings of the department. 

Section 5. For the purposes of the administration of 
chapter one hundred and forty-eight, and of section eight of 
chapter one hundred and forty-three, of the General Laws, 
and of any additional provisions of the General Laws of a 
similar nature, the head of the fire department shall be such 
member of the board or such oflficer of the department as the 
board may from time to time designate for the particular 
purpose or purposes. 

Section 6. The provisions of chapter two hundred and 
ninety-one of the General Acts of nineteen hundred and 
sixteen, of chapter one hundred and forty of the General 
Acts of nineteen hundred and seventeen, and of section 
fifty-eight of chapter forty-eight of the General Laws shall 
not apply to a chief engineer appointed under section two 
of this act. 

Section 7. This act shall take full effect upon its ac- 
ceptance by vote of the town of Lexington at any annual 
town meeting or any special town meeting called for the 
purpose. Approved January S6, 1951. 

An Act to authorize the placing of the office of super- (JJidrt 

INTENDENT of streets of the TO^VN OF bellingham ^' 

UNDER the civil SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section L The office of superintendent of streets of the 
town of Bellingham shall, upon the effective date of this act, 
become subject to the civil service laws and rules, and the 
tenure of any incumbent of said office shall be unlimited, 
subject, however, to said laws; but the present incumbent 
of said office shall continue to serve as such without taking a 
civil service examination. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the year nineteen 
hundred and fifty-one in the form of the following question, 
which shall be placed upon the official ballot to be used for 
the election of town officers at said meeting: "Shall An Act 
passed by the General Court in the year Nineteen Hundred 
and Fifty-one, entitled 'An Act to Authorize the Placing of 
the Office of Superintendent of Streets of the To\\ti of Belling- 
ham under the Civil Service Laws' be accepted?" If a ma- 
jority of the votes in answer to said question is in the affirm- 
ative, then this act shall thereupon take full effect, but not 
otherwise. Approved January 26, 1951. 



8 Acts, 1951. — Chap. 10. 

Chap. 10 An Act authorizing the town of Plymouth to estab- 
lish A commission of public safety exercising the 
powers of certain other boards, departments and 
offices. 

Be it enacted, etc., as folloivs: 

Section 1. There shall be established in the town of 
Plymouth a commission of pubhc safety, hereinafter called 
the commission, which shall be under the jurisdiction of three 
unpaid commissioners. The initial members thereof shall be 
appointed by the board of selectmen to take office on May 
first next following the date on which this act becomes fully 
effective by vote of the town as hereinafter provided, one to 
serve for one year, one for two years and one for three years, 
and thereafter when the term of any member expires, his suc- 
cessor shall be appointed by said board of selectmen to serve 
for three years. In all cases, the members shall serve until 
their successors are appointed and qualified. The members 
of the commission shall, after each appointment, elect one of 
their number to act as chairman until the following May 
first. If a vacancy occurs on the commission, the remaining 
members, together with the board of selectmen, shall fill such 
vacancy for the unexpired term. No person shall serve on 
the commission who holds another elective or appointive 
office in the town, or who is an employee of the town. 

Section 2. The commission shall succeed to and be 
vested with all the rights, powers, duties, facilities, proper- 
ties and appropriations, now or from time to time invested 
by general or special law or vote of the town in the following 
boards, departments and offices in said town, to wit: — 
board of health, fire department, forest fire department and 
police department, and such boards, departments and offices 
shall thereupon be abolished when this act becomes fully 
effective. The commission shall also have the rights, powers 
and duties now vested in the board of selectmen with respect 
to the building inspector, dog officer, sealer of weights and 
measures and surveyor of wood and bark, and when this act 
becomes fully effective as hereinafter provided, the board of 
selectmen shall cease to have any authority relative thereto. 
The commission shall also have all the rights, powers and 
duties, with respect to all inspection services, now or here- 
after existing by statute, vote of the town, or otherwise, 
which have to do with the promotion or protection of public 
health, safety or morals. No contracts or liabilities in force 
when this act becomes fully effective shall be affected hereby, 
but the commission shall be the lawful successor relative to 
such contracts or liabihties of such boards, departments or 
offices. It shall be the duty of the aforesaid boards, depart- 
ments and offices, when this act becomes fully effective, to 
turn over to the commission all contracts, papers, documents, 
plans and property in their custody and control, and each 
shall furnish to the commission such information as may be 
requested by the commission. 



Acts, 1951. — Chap. 10. 

In the event only that an act estabHshing in said town a 
commission of public works is passed by the general court in 
the year nineteen hundred and fifty-one and accepted by the 
town, the commission of public safety shall have no juris- 
diction over the collection and disposal of garbage and the 
phj^sical care of dumps. 

Section 3. This act shall be submitted for acceptance to 
the voters of the town at the annual town election in March, 
nineteen hundred and fifty-one, 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 hun- 
dred and fifty-one, entitled 'An Act authorizing the Town 
of Plymouth to establish a Commission of Public Safety 
exercising the Powers of certain other Boards, Departments 
and Offices' be accepted?" If a majority of the votes cast 
in answer to said question is in the affirmative, this act shall 
become fully effective on May first, nineteen hundred and 
fifty-one. If a majority of the votes so cast is not in the 
affirmative, said question shall be placed on the official 
ballot to be used for the election of town officers at the an- 
nual town election in the year nineteen hundred and fifty- 
two, and if the act is not so accepted in the year nineteen 
hundred and fifty-two, said question shall be placed on 
said ballot at the annual town election in the year nineteen 
hundred and fifty-three. If a majority of the votes cast in 
answer to said question in either of said years nineteen 
hundred and fifty-two or nineteen hundred and fifty-three is 
in the affirmative, this act shall become fully effective on 
May first following said vote. If this act is not accepted as 
provided herein, it shall become null and void. 

Section 4. At any time after the expiration of five years 
from the date on which this act is accepted by the town, ten 
per cent of the qualified voters of the town may petition the 
selectmen that the question of rescinding such acceptance 
be submitted to the voters at the next biennial state election. 
Upon the filing of such petition, the following question shall 
thereupon be placed on the official ballot to be used at said 
election in said town: "Shall the town of Plymouth rescind 
the prior acceptance of an act passed by the general court in 
the year nineteen hundred and fifty-one entitled 'An Act 
authorizing the Towti of Plymouth to establish a Commission 
of Public Safety exercising the Powers of certain other Boards, 
Departments and Offices'?" If a majority of the votes cast 
in answer to said question is in the affirmative, then at the 
next annual towTi election held after said vote to rescind, 
the to^vn shall elect such boards, commissions, committees 
and officers as are necessary to exercise and perform the 
powers, rights and duties transferred to the commission of 
public safety by this act. Such action shall not affect any 
contract or liability then created or existing. All general 
laws respecting town administration and town officers and 
any special laws relative to said town, the operation of which 



10 Acts, 1951. — Chap. 11. 

has been suspended or superseded by the acceptance of this 
act, shall then be in full force and effect. Any by-law in- 
consistent wdth such special or general laws shall be revoked 
thereby. Any subsequent vote to rescind the acceptance of 
this act shall not be taken more often than once in two years. 
Approved January 29, 1951. 



ChaV 11 -^^ ^^^ ESTABLISHING A TOWN MANAGER FORM OF GOVERN- 
MENT FOR THE TOWN OF AMHERST. 

Be it enacted, etc., as folloivs: 

Section 1. Acceptance of this Act. — This act shall be 
submitted to the qualified voters of the town of Amherst at 
the annual town election in the year nineteen hundred and 
fifty-one. The vote shall be taken in precincts by ballot in 
accordance with the provisions of chapter ten of the acts of 
nineteen hundred and thirty-six so far as the same shall be 
appUcable, in answer to the following question which shall 
be placed upon the official ballot to be used at such election : 
"Shall an act passed by the General Court in the year nine- 
teen hundred and fifty-one, entitled, 'An act establishing a 
town manager form of government for the town of Amherst ' 
be accepted by this town?" If a majority of the voters vot- 
ing on this question shall vote in the affirmative, this act 
shall take effect immediately so far as it relates to the ensu- 
ing annual town election and shall take full effect upon the 
qualification of a majority of the selectmen first elected as 
provided in this act. If this act is rejected by the voters 
when so first submitted, it may be submitted in hke manner 
at one or more annual town elections, and if approved it 
shall become effective as above provided, such submission 
to be made, however, only pursuant to a petition therefor of 
ten per cent of the registered voters of the town filed with 
the town clerk not later than thirty days prior to such an- 
nual town election. This act shall cease to be operative after 
nineteen hundred and fifty-four unless sooner accepted by 
the town. 

Section 2. Election of Selectmen. — At the first annual 
election following the acceptance of this act the voters shall 
elect by ballot five selectmen of whom the first two in the 
number of votes received shall serve three years, the second 
two in such order shall serve two years, and the fifth shall 
serve one year. At each annual eleetion thereafter there 
shall be elected in place of those selectmen whose terms are 
about to expire an equal number of selectmen, each to serve 
for three years. The selectmen shall serve until their suc- 
cessors are elected and qualified. If for any reason a vacancy 
or vacancies occur in the membership of the selectmen, the 
remaining members shall call a special town election to fill 
the vacancy or vacancies for the unexpired term or terms, 
except that if such vacancy or vacancies occur less than 
three months prior to the annual election and not less than 



Acts, 1951. — Chap. 11. 11 

three selectmen remain in office, the vacancy or vacancies 
shall remain until such annual election. 

Section 3. Election of Other Officers and Boards. — The 
town shall continue to elect town meeting members, a mod- 
erator, a school committee, the trustees of the Jones Library, 
and an elector for the OHver Smith will, subject to any appli- 
cable provisions of the law, and the terms of office of such 
offices or boards so continued shall not be interrupted. 
Every other elective and appointive office, board or com- 
mission shall be terminated as hereinafter provided, any 
other provisions of the gen^^ral law or special acts notwith- 
standing. The term of ofrice of any person elected or ap- 
pointed to any office, board or commission existing at the 
time of the acceptance of this act and terminated under the 
provisions of this section shall continue through the next 
annual election following such acceptance, and until the next 
annual election thereafter or until the appointment by the 
manager of some person or persons to such office, board or 
commission, whichever first occurs, and the powers and 
duties of the offices, boards and commissions abolished herein 
shall be conferred and imposed upon the town manager to 
the extent hereinafter provided. 

Section 4. Investigation or Surveys by Selectmen. — For 
the purpose of making investigations or surveys, the select- 
men may, subject to appropriation, employ experts, counsel 
and other assistants and incur other expenses. 

Section 5. Appointments by Elected Officers. — The select- 
men shall appoint, and may remove for cause, members of 
the board of appeals, election officers and the registrars of 
voters except the town clerk. The moderator shall appoint 
members of the finance committee. 

Section 6. Appointment of Town Manager. — The select- 
men elected as provided herein shall appoint, as soon as 
practicable, a town manager who shall be a person especially 
fitted by training and experience to perform the duties of the 
office. The town manager shall be appointed without re- 
gard to his political beUefs. He need not be a resident of 
the town or of this commonwealth when appointed, but 
shall be a resident of the town while he remains in office. 
Before entering upon the duties of his office, the town man- 
ager shall be sworn to the faithful and impartial performance 
thereof by the chairman of the selectmen, or by the town 
clerk, or by a justice of the peace. 

Section 7. Appointment of a Temporary Manager. — 
Any vacancy in the office of town manager shall be filled as 
soon as possible by the selectmen. Pending the appoint- 
ment of a town manager or the filling of any vacancy, the 
selectmen may appoint a suitable person to perform all duties 
of the office except the approval of warrants. 

Section 8. Acting Manager. — The town manager may 
designate by letter filed with the board of selectmen, a 
qualified officer of the town to perform his duties during his 
temporary absence. If the manager fails to make such 



12 Acts, 1951. — Chap. 11. 

designation, the selectmen may designate an officer of the 
town to perform the duties of the manager until he shall 
return. 

Section 9. Removal of Manager. — The selectmen, by a 
vote of three or more members of the board, may remove the 
towTi manager. At least thirty days before such proposed 
removal shall become effective, the selectmen shall file a pre- 
liminary written resolution with the town clerk setting forth 
in detail the specific reasons for his proposed removal, a copy 
of which resolution shall be delivered to the town manager. 
The manager may reply in writing to the resolution and may 
request a pubUc hearing. If the manager so requests, the 
board of selectmen shall hold a public hearing not earlier than 
twenty days nor later than thirty days after the filing of 
such request. After such public hearing, if any, otherwise at 
the expiration of thirty days following the filing of the pre- 
liminary resolution, and after full consideration, the select- 
men by a vote of three or more members of the board may 
adopt a final resolution of removal. In the preliminary 
resolution, the selectmen may suspend the manager from 
duty, but shall in any case cause to be paid to him forthwith 
any unpaid balance of his salary and his salary for the next 
three calendar months following the fifing of the prefiminary 
resolution. 

Section 10. Compensation of Manager. — The town man- 
ager shall receive such compensation for his services as the 
selectmen shall determine, but it shall not exceed the amount 
appropriated therefor by the town. 

Section 11. Powers and Duties- of the Manager. — In 
addition to specific powers and duties provided in this act 
the town manager shall have the general powers and duties 
enumerated in this section : — 

(a) The town manager shall supervise and direct the 
administration of all departments, commissions, boards and 
offices, except the board of selectmen, the moderator, the 
finance committee, the school committee, elector for the 
Oliver Smith will, the board of appeals, the trustees of the 
Jones Library, election officers and the registrars of voters. 

(6) The town manager, in accordance with the provisions 
of this act and except as otherwise expressly prohibited by 
the general laws, may reorganize, consolidate or abohsh 
such departments, commissions, boards or offices as are 
under his authority, in whole or in part ; may estabfish such 
new departments, commissions, boards or offices as he deems 
necessary; and may transfer the duties, powers, and appro- 
priation when incident to reorganization, of one depart- 
ment, commission, board or office to another. 

(c) Except as otherwise provided in this act the town 
manager shall appoint on merit and fitness alone, and, sub- 
ject to the provisions of chapter thirty-one of the General 
Laws wherever applicable, he may remove, the town clerk, 
the town treasurer, the collector of taxes, the board of asses- 
sors, the board of pubhc welfare, the town planning board, 



Acts, 1951. — Chap. 11. 13 

the town accountant, the town counsel, and such other town 
officers, boards, superintendents, chiefs of departments, 
subordinate officers and employees in such departments as 
he may deem necessary to perform the functions under his 
authority. Town officers and employees not subject to the 
provisions of said chapter thirty-one shall not be removed by 
him except on five days' notice in writing, setting forth the 
cause of such removal. 

(d) The town manager shall fix the compensation of all 
town officers and employees subject to his appointment in 
accordance with all applicable provisions of chapter thirty- 
one of the General Laws, and section one hundred and eight A 
of chapter forty-one of thS General Laws if adopted. 

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

(/) The town manager shall keep full and complete records 
of his office which shall be available to the board of select- 
men upon request. 

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

(h) The town manager shall have jurisdiction over the 
rental and use of all town property except school property, 
and shall be responsible for the maintenance and repair of 
all town buildings except school property. He shall be 
responsible for the preparation of plans and the supervision 
of work on existing buildings or on the construction of new 
buildings other than school buildings. He shall maintain 
and repair school buildings if and to the extent that the school 
committee so requests. 

(i) The town manager shall purchase all supplies, materials 
and equipment and shall award all contracts, for all depart- 
ments of the town except the public schools unless, and to 
the extent that, the school committee so requests. He shall 
make purchases for departments not under his supervision 
only upon requisition duly signed by the head of such de- 
partment. 

(j) The town manager shall act as the chief fiscal officer 
of the town. Warrants for the paj'ment of town funds pre- 
pared by the town accountant in accordance with the pro- 
visions of section fifty-six of chapter forty-one shall be sub- 
mitted to the town manager. The approval of any such 
warrant by the town manager shall be sufficiei.. ..lority to 
authorize payment by the towTi treasurer, but the selectmen 
shall approve all warrants in the event of the absence of the 
town manager or a vacancy in the office of town manager. 

(k) The towTi manager shall administer either directly 
or through a person or persons appointed by him in accord- 
ance with this act all provisions of general and special laws 
applicable to said town, all by-laws and all regulations 
estabhshed by the selectmen. 



14 Acts, 1951. — Chap. 11. 

(I) The town manager shall have authority to prosecute, 
defend and compromise all litigation to which the town is a 
party, and to employ special counsel whenever in the judg- 
ment of the board of selectmen it may be necessary. 

(m) The town manager may without notice examine the 
affairs of any division or department under his control and 
have access to all town books and papers for information 
necessary for the proper performance of his duties. 

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

Section 12. Estimates of Expenditures. — On or before 
the sixteenth day of January of each year, the town manager 
shall submit to each member of the finance committee a 
careful, detailed estimate in writing of the probable expendi- 
tures of the town government for the ensuing fiscal year, 
stating the amount required to meet the interest and matur- 
ing bonds and notes or other outstanding indebtedness of the 
town, and showing specifically the amount necessary to be 
provided for each fund and department, together with a 
statement of the expenditures of the town for the same pur- 
pose in the two preceding years and an estimate of the ex- 
penditures for the current year. He shall also submit a 
statement showing all revenue received by the town in the 
two preceding fiscal years together with an estimate of the 
receipts of the current year and an estimate of the amount 
of income from all sources of revenue exclusive of taxes upon 
property in the ensuing year. He shall report the probable 
amount required to be levied and raised by taxation to 
defray all expenses and liabilities of the town together with 
an estimate of the tax rate necessary to raise said amount. 
For the purpose of enabling the town manager to make up 
the annual estimate of expenditures, all boards, officers and 
committees of the town shall, upon his written request, 
furnish all information in their possession and before Decem- 
ber twenty-first submit to him in writing a detailed estimate 
of the appropriations required for the efficient and proper 
conduct of their respective departments during the next 
fiscal year. 

Section 13. Applicability of General and Special Laios. — 
Except as otherwise expressly provided herein, the town 
shall be governed in all respects by the provisions of any 
general or special law applicable thereto. 

Section 14. Revocation of the Acceptance of this Act. — 
After the expiration of three years from the date on which 
this act takes full effect; the town may vote at an annual 
election to revoke such acceptance, and the question of such 
revocation shall be submitted to the voters in the form of 
the following question: "Shall the acceptance by the town of 
chapter of the acts of nineteen hundred and 

fifty-one providing for town management government for 
the town of Amherst, be revoked?", such submission to be 
made, however, only pursuant to a petition therefor of ten 



Acts, 1951. — Chaps. 12, 13. 15 

per cent of the registered voters of the town filed with the 
town clerk not later than thirty days prior to such annual 
election. If such revocation is favored by a majority of the 
voters voting thereon, this chapter shall cease to be opera- 
tive on and after the annual election next following such 
vote. Such revocation shall not affect any contract then 
existing or any action at law or suit in equity or other pro- 
ceeding then pending. All general laws respecting town ad- 
ministration and town officers and any special laws relative 
to such town, the operation of which has been suspended or 
superseded by acceptance of this chapter shall be revived by 
such revocation and shall continue to be in full force and 
effect. If such revocation is not favored by a majority of 
the voters voting thereon, any subsequent vote to revoke 
the acceptance of this chapter shall not be taken oftener than 
once in every three years. Approved January 29, 195t. 

An Act to authorize the town of scituate to borrow ChdV- 12 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and orig- 
inally equipping and furnishing an addition to the high 
school building, the toviTi of Scituate may borrow, from 
time to time, within a period of five years from the passage 
of this act, such sums as may be necessary, not exceeding, 
in the aggregate, nine hundred thousand dollars, and may 
issue bonds or notes of the town therefor, which shall bear 
on their face the words, Scituate School Addition Loan, 
Act of 1951. 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 Umitation contained in 
the first paragraph of section seven thereof. 

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1951. 

An Act increasing the amount of money which the city (Jfidy 13 

OF PEABODY MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folloios: 

Section 1. Section 1 of chapter 556 of the acts of 1949 
is hereby amended by striking out, in line 7, the words "five 
hundred and ninety" and inserting in place thereof the 
words : — seven hundred and fifty, — so as to read as fol- 
lows: — Section 1. For the purpose of constructing a school 
building and constructing additions to two existing school 
buildings and originally equipping and furnishing said build- 
ing and additions, the city of Peabody may borrow, from 
time to time, within a period of five years from the passage 



16 Acts, 1951. — Chaps. 14, 15. 

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

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1951. 



Chap. 14 An Act to inceease the amount that may be borrowed 

BY the town of GRANBY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folloivs: 

Section 1. Section 1 of chapter 199 of the acts of 1950 
is hereby amended by striking out, in line 6, the word "one" 
and inserting in place thereof the word: — three, — so as to 
read as follows : — Section 1 . For the purpose of construct- 
ing an addition to the Central School building, and originally 
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 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, Granby 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 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 29, 1951. 



Chap. 15 An Act prohibiting the payment by towns of bills 
incurred by any official thereof for wines, liquors 

OR cigars. 

Be it enacted, etc., as follows: 

EdV,' il^l'bs Section 58 of chapter 44 of the General Laws, as appearing 
amended. ' in the Tercentenary Edition, is hereby amended by inserting 
after the word "city", in line 1, the words: — or town, — 
Cities or towns SO as to read as follows : — Section 58. No city or town shall 
w'inea! HquorT pay a bill iucurrcd by any official thereof for wines, liquors 
or cigars. qj. cjgars. Appvovcd February 1, 1951. 



Acts, 1951. — Chaps. 16, 17. 17 



An Act to make certain provisions of municipal fi- (jJiQ^r) 16 

NANCE LAWS APPLICABLE TO REGIONAL SCHOOL DISTRICTS. ^' 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by g. l. (Ter. 

inserting after section 28, as appearing in the Tercentenary f28Af added. 

Edition, the following section: — Section 28 A. The pro- certain pro- 



visions of sections sixteen to twenty-eight, inclusive, shall, 



visions appli- 
cable to 



so far as apt, apply to regional school districts established f,<:g'^^J^®''^°°' 
fifteen of chapter seventy-on '°*"" ° 
Approved February 1, 1951. 



under the provisions of section fifteen of chapter seventy-one, ' '''''"'' ^ 



An Act relative to the auditing of accounts of re- Chap. 17 

GIONAL school DISTRICTS BY THE DIVISION OF ACCOUNTS. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 44 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 35, as most recently amended ^tc'.! 'amended, 
by chapter 454 of the acts of 1941, and inserting in place 
thereof the following section: — Section 35. Any town and ^"^^^^^^^"f^^ 
any fire, water, light, improvement or regional school district, trkt accounts, 
at a meeting legally called therefor, may petition the director ''*^- 
for an audit of its accounts or for the installation of an 
accounting system; and said director, as soon as possible 
after the receipt of such petition, shall cause such audit to 
be made or system of accounts to be installed. Any town or 
district, at a meeting legally called therefor, after such 
accounting system has been installed, may petition for sub- 
sequent audits, or may provide in its by-laws for periodical 
audits under the supervision of said director, who shall 
cause such audits to be made. The selectmen, prudential 
committee or commissioners, or the regional district school 
committee, may petition said director for an audit of the 
town or district accounts, as the case may be, when, in their 
opinion, the condition of the accounts is such as to warrant 
the making of such audit, and said director, as soon as 
possible after the receipt of such petition, shall cause such 
audit to be made. 

Section 2. Said chapter 44 is hereby further amended Ed^lll^o 
by striking out section 40, as most recently amended by etc !, 'amended'. 
chapter 82 of the acts of 1948, and inserting in place thereof 
the following section : — Section ^0. The director shall cause Auditing of 
an audit to be made of the accounts of all cities and towns diS'ric'ts! etc, 
and of all fire, water, light, improvement and regional school regulated. 
districts of the commonwealth and may cause subsequent 
audits to be made of the accounts of each city and town 
annually, and of the accounts of each fire, water, light, 
improvement and regional school district as often as once 
in two years or annually at the request of the prudential 
committee or commissioners, or the regional district school 
committee, and for this purpose he, and his duly accredited 
agents, shall have access to all necessary papers, books and 



18 Acts, 1951. — Chap. 18. 

records. All accounts subject to audit by town auditors 
under section fifty-three of chapter forty-one shall be sub- 
ject to audit by the director, and the trustees of any property 
the principal or income of which, in whole or in part, was 
bequeathed or given in trust for public uses for the benefit 
of the town or any part thereof, or for the benefit of the 
inhabitants of the town or any part thereof, shall give the 
director, or his duly accredited agents, access to their ac- 
counts, funds, securities and evidences of property for the 
purposes of the audit. Upon the completion of each audit 
as aforesaid, a report thereunder shall be made to the mayor 
and city government in cities, to the selectmen in towns, to 
the prudential committee and commissioners in a district, 
and to the regional district school committee in a regional 
school district, and a copy of the same shall be furnished to 
the city, town or district clerk, who shall cause the same 
or a summary of its essential features to be published at the 
expense of the city, town or district. The director, in his 
discretion, may give preference to audits upon petitions 
under section thirty-five or thirty-six over audits under this 
section. Approved February 1, 1951. 



Chap. 18 ^N ^^T PROVIDING FOR A FIFTY-SIX HOUR WEEK FOR THE 
PERMANENT MEMBERS OF THE FIRE DEPARTMENT IN THE 
TOWN OF LEXINGTON. 

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

Section 2. This act shall be submitted for acceptance 
to the voters of said town at its next annual town meeting 
in the form of the following question, which shall be placed 
upon the official ballot to be used for the election of town 
officers at said meeting: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty-one, 
entitled 'An Act providing for a fifty-sLx hour week for the 
permanent members of the fire department in the town of 
Lexington', 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 1, 1961. 



Acts, 1951. — Chaps. 19, 20. 19 



An Act increasing the amount of money that the Qlidj) jg 

TOWN OF MILLBURY MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 505 of the acts of 1946, 
as amended by section 1 of chapter 467 of the acts of 1950, 
is hereby further amended by striking out, in line 6, the word 
"three" 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 aggre- 
gate, six 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. In- 
debtedness 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 February 3, 1961. 

An Act relative to the hours for opening and closing nh„^ OO 
the polls at town elections and certain special ^' 
meetings in the town of danvers. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 294 of the acts of 1930 
is hereby amended by striking out, in lines 16 and 17, the 
words "at two o'clock in the afternoon and shall be closed 
not earlier than eight o'clock in the evening" and inserting 
in place thereof the words : — not later than seven o'clock 
in the forenoon and shall be closed not earlier than four 
o'clock in the afternoon, — so as to read as follows: — 
Section 8. No vote, except a vote to adjourn or authorizing 
the borrowing of money in anticipation of the receipt of 
taxes for the current year, passed at any representative 
town meeting shall be operative until after the expiration 
of five days, exclusive of Sundays and holidays, from the 
dissolution of the meeting. If, within said five days, a 
petition, signed by not less than two hundred registered 
voters of the town, containing their names and addresses as 
they appear on the list of registered voters, is filed with the 
selectmen asking that the question or questions involved in 
such vote be submitted to the registered voters of the town 
at large, then the selectmen, after the expiration of five 
days, shall forthwith call a special meeting for the sole 



20 Acts, 1951. — Chap. 21. 

purpose of presenting to the registered voters at large the 
question or questions so involved. The polls shall be opened 
not later than seven o'clock in the forenoon and shall be 
closed not earlier than four o'clock in the afternoon and all 
votes upon any questions so submitted shall be taken by 
ballot, and the check list shall be used in the several precinct 
meetings in the same manner as in the election of town 
* officers. The questions so submitted shall be determined by 
vote of the same proportion of voters at large voting thereon 
as would have been required by law of the town meeting 
members had the question been finally determined at a 
representative town meeting. The questions so submitted 
shall be stated upon the ballot in substantially the same 
language and form in which they were stated when pre- 
sented to said representative town meeting by the moder- 
ator, and as appears from the records of said meeting. If 
such petition is not filed within the said period of five days, 
the vote of the representative town meeting shall become 
operative and effective upon the expiration of said period. 

Section 2. Section 12 of said chapter 294 is hereby 
amended by striking out, in line 5, the words "fifteen 
minutes before six" and inserting in place thereof the word: 
— seven, — so as to read as follows: — Section 12. The 
town of Danvers, after the acceptance of this act, shall hold 
its annual town meeting for the purposes of election of 
officers only on the first Monday of March in each year. 
The polls for the election of officers shall open not later than 
seven o'clock in the forenoon and shall close not earlier than 
four o'clock in the afternoon. The town of Danvers shall 
hold its annual meeting for the transaction of municipal 
business in pursuance of the warrant for the annual town 
meeting, except the election of officers, on the third Monday 
of March at thirty minutes past seven o'clock in the evening. 
If the said business of the annual town meeting is not com- 
pleted on the evening of the third Monday of March, the 
said meeting may be adjourned to thirty minutes past seven 
o'clock of any evening or to as many evenings as the meeting 
votes, during the week of the third Monday of March, as are 
necessary to complete the said business. 

Section 3. This act shall take effect upon its passage. 
Approved February S, 1951. 



Chap. 21 An Act to provide for the collection of annual sewer 

CHARGES IN THE TOWN OF DANVERS. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 492 of the acts of 1945 
is hereby amended by adding at the end the following sen- 
tence: — Any unpaid annual sewer charges outstanding on 
January second in any year shall be added by the assessors 
in that year to the annual property tax for general munici- 
pal purposes on said estate., — so as to read as follows: — 



Acts, 1951. — Chaps. 22, 23. 21 

Section If.. In the case of connections made by said com- 
missioners, on or after the effective date of this act or prior 
to said date, between a sewer and the premises of abutters 
thereon, payment therefor shall be made in the same man- 
ner as provided by this act for the payment of frontage as- 
sessments. Any unpaid annual sewer charges outstanding on 
January second in any year shall be added by the assessors 
in that year to the annual property tax for general municipal 
purposes on said estate. 

Section 2. This act shall take effect upon its passage, 
and shall apply to all annual sewer charges outstanding on 
January second following the passage of this act as well as 
to all future annual sewer charges. 

Approved February 3, 1951. 

An Act to extend the time within which counties, (JJkij) 22 

CITIES, towns and DISTRICTS MAY INCUR DEBT TO SECURE 
THE BENEFITS PROVIDED BY THE FEDERAL GOVERNMENT 
TO ASSIST THEM IN PUBLIC WORKS PROJECTS. 

Whereas, The deferred operation of this act would tend Emergency 

I , . \ . , -111 • 1 preamble. 

to del eat its purpose, which is to make available without 
interruption to counties, cities, towns and districts financial 
assistance by the federal government for public works proj- 
ects, 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 6 of chapter 74 of the acts of 1945, as most re- 
cently amended by chapter 327 of the acts of 1949, is hereby 
further 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 6. Loans by counties, 
cities, towns and districts may be authorized under the pro- 
visions of this act until July first, nineteen hundred and 
fifty-three. Approved February 3, 1951. 

An Act relative to the limitations upon real estate (J^dy 23 

LOANS IN COMMERCIAL DEPARTMENTS, AND UPON DEPOSITS 
IN SAVINGS DEPARTMENTS, OF TRUST COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section 34 of chapter 172 of the General g^^^- j^l'"-. 3^ 
Laws, as most recently amended by section 2 of chapter 244 etc^.'ameAded.' 
of the acts of 1939, is hereby further amended by inserting 
after the word "lands" in line 14 the words: — or in the case 
of loans upon other improved real estate which by their 
terms require repayment of not less than two per cent of 
principal per year, — so as to read as follows: — Section 34- f°rm^°o art 
No such corporation in its commercial department shall 
advance money or credits upon notes secured by deed of 
trust or by mortgage, except notes secured by first mort- 



22 Acts, 1951. — Chap. 23. 

gages upon improved real estate, including improved farm 
lands, situated within the commonwealth and within a 
radius of fifty miles of the main office of such corporation, 
or within a radius of twenty-five miles of the main office of 
such corporation without regard to state boundaries. The 
amount of any such mortgage shall not exceed sixty per cent 
of the value of the improved real estate, or fifty per cent of 
the value of improved farm lands, and shall not be made for 
a period extending beyond three years from the date of the 
note, except in the case of loans on improved farm lands or 
in the case of loans upon other improved real estate which 
by their terms require repayment of not less than two per 
cent of principal per year, when the period may be five years. 
The foregoing limitations as to time, locality and amount 
shall not apply to (a) loans made prior to June first, nineteen 
hundred and thirty-four; (b) mortgages taken in good faith 
by way of security for debts to such corporation previously 
contracted ; (c) loans made by such corporation to secure the 
payment of a portion of the purchase price of real estate 
acquired by such corporation by foreclosure, or otherwise; 
provided, that any such loan made for a period extending 
beyond three years from the date of the note shall contain 
terms requiring payments on the loan in instalments at 
intervals not exceeding one year in amounts aggregating 
annually not less than two per cent of the original amount 
of the loan commencing not later than two years after the 
date of the note. No loan or mortgage shall be made except 
upon written application showing the date, name of appli- 
cant, amount asked for, security offered and assessed valu- 
ation, nor except upon the report of a majority of the execu- 
tive committee or real estate committee, if any, who shall 
certify on said application, according to their best judgment, 
the value of the premises to be mortgaged; and such appli- 
cation shall be filed and preserved with the records of such 
corporation. 
EdV'iyl'^'^ 60 Section 2. Section 60 of said chapter 172 is hereby 
etc^.'ameAded.' amended by striking out the last sentence, added by section 
26 of chapter 349 of the acts of 1934, and inserting in place 
savings^de- thereof the following sentence : — No such corporation shall 
HmitTnin- accept iu its savings department new deposit accounts in 
deposirs. excess of ten thousand dollars, and no account in such de- 

partment shall be permitted to exceed ten thousand dollars 
by additional deposits or credits, except by accumulation of 
interest, but this limitation shall not apply to deposits by a 
religious or charitable corporation, a labor union, credit 
union, fraternal benefit society, in the name of a judge of 
probate, by order of any court, on account of a sinking fund 
of a town in the commonwealth, or of any trust fund held by 
a town for public uses, or of the funds of any state, county or 
municipal retirement or pension system or association. 

Approved February 3, 1951, 



Acts, 1951. — Chaps. 24, 25. 23 



An Act providing for the appointment by the depart- rjhnnj 24 

MENT OF PUBLIC UTILITIES OF SPECIAL POLICE OFFICERS ^' 

UPON PETITION OF THE RAILWAY EXPRESS AGENCY, INC. 

Be it enacted, etc., as follows: 

Section 1. Section 89 of chapter 159 of the General gl. (Ter. 
Laws, as amended by section 1 of chapter 363 of the acts of etcl! amended^* 
1936, is hereby further amended by inserting after the word 
"Company", in Hne 3, the words: — , or of Railway Express 
Agency, Inc. 

Section 2. Section 90 of said chapter 159, as amended g l. (Ter. 
by section 2 of said chapter 363, is hereby further amended ^tc^i'amenL^d* 
by inserting after the word "railway", in line 4, the words: — 
, railway express. 

Section 3. Section 92 of said chapter 159, as amended g.l. (Ter 
by section 4 of said chapter 363, is hereby further amended etci.'ameAded.' 
by inserting before the word "or", in line 4, the words: — 
"Railway Express Pohce". 

Section 4. Section 93 of said chapter 159, as amended e',V'i?9''sq3 
by section 5 of said chapter 363, is hereby further amended etc!, 'amended. ' 
by inserting after the word "railway", in line 1, the words: — 
, railway express. 

Section 5. Section 94 of said chapter 159, as amended ^^^ ^J^^-. ^^ 
by section 6 of said chapter 363, is hereby further amended etc!, 'amended. ' 
by striking out, in lines 1 and 2, the words "or railway" and 
inserting in place thereof the words: — , railway or railway 
express. 

Section 6. Section 95 of said chapter 159, as appearing g. l. (Xer. 
in the Tercentenary Edition, is hereby amended by inserting amended!' ^ ^^' 
after the word "railway", in line 1, the words: — , railway 
express. Approved February S, 1951. 

An Act relative to the asking of proposals for certain njidy 25 
contracts of cities and towns. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 28 of chapter 43 of the General Laws, g. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended fmende^d.^ ^^' 
by striking out, in line 2, the word "apparatus" and insert- 
ing in place thereof the word : — equipment, — and by strik- 
ing out, in line 3, the words "five hundred" and inserting in 
place thereof the words : — one thousand, — so as to read 
as follows: — Section 28. No contract for construction work ^Jk^d^for^ce"-^^ 
or for the purchase of equipment, supplies or materials, tain contracts, 
whether for repairs or original construction, the estimated 
cost of which amounts to one thousand dollars or more, ex- 
cept in cases of special emergency involving the health or 
safety of the people or their property, shall be awarded 
unless proposals for the same have been invited by advertise- 
ments in at least one newspaper published in the city once 
a week for at least two consecutive weeks, the last publication 
to be at least one week before the time specified for the open- 



24 



Acts, 1951. — Chap. 26. 



G. L. (Ter. 
Ed.), 43, § 29, 
etc., amended. 



Approval of 
certain con- 
tracts. 



ing of said proposals. Such advertisements shall state the 
time and place where plans and specifications of proposed 
work or supplies may be had and the time and place for 
opening the proposals in answer to said advertisements, and 
shall reserve to the city the right to reject any or all of such 
proposals. All such proposals shall be opened in public. No 
bill or contract shall be split or divided for the purpose of 
evading any provision of this chapter. 

Section 2. The first sentence of section 29 of said chap- 
ter 43, as most recently amended by section 2 of chapter 723 
of the acts of 1949, is hereby further amended by striking 
out, in hne 3, the words "five hundred" and inserting in 
place thereof the words: — one thousand, — so as to read 
as follows : — All contracts made by any department, board 
or commission where the amount involved is one thousand 
dollars or more shall be in writing, and no such contract shall 
be deemed to have been made or executed until the approval 
of the mayor under Plan A, B or C, or of the city manager 
under Plan D or E, and also of the officer or the head of the 
department or of the chairman of the board, as the case may 
be, making the contract is affixed thereto. 

Section 3. Chapter 40 of the General Laws is hereby 
amended by inserting after section 4A, inserted by chapter 
438 of the acts of 1945, the following section: — Section 4^. 
foTcertam °'^^ ^ Uuless othcrwisc providcd by by-law or special law in towns, 
contracts. ^o coutract for the purchase of equipment, supplies or ma- 
terials the actual or estimated cost of which amounts to one 
thousand dollars or more, except in cases of special emergency 
involving the health or safety of the people or their prop- 
erty, shall be awarded unless proposals for the same have 
been invited by advertisement in at least one newspaper 
published in the to^vn, or, if there is no such newspaper, in 
a newspaper published in the county, such publication to 
be at least one week before the time specified for the open- 
ing of said proposals. Such advertisement shall state the 
time and place for opening the proposals in answer to said 
advertisement, and shall reserve to the town the right to 
reject any or all such proposals. All such proposals shall be 
opened in public. No bill or contract shall be split or divided 
for the purpose of evading any provisions of this section. 

Approved February 3, 1951. 



G. L. (Ter. 
Ed.), 40, new 
§ 4B, added. 
Towns to re- 



Chap. 26 -^^ ^^'^ CLARIFYING THE PROVISIONS OF LAW RELATING TO 
THE APPLICABILITY OF RULES OF THE CIVIL SERVICE COM- 



Be it enacted, etc., as follows: 

Section 5 of chapter 31 of the General Laws, as most 
recently amended by chapter 397 of the acts of 1950, is 
hereby further amended by striking out, in line 27, the word 
"forty-nine" and inserting in place thereof the word: — 
Certain officers f orty-eight, — SO as to read as follows : — Section 5. No rule 



G. L. (Ter. 
Ed.), 31, § 5, 
etc., amended 



Acts, 1951. — Chap. 27. 25 

made by the commission shall apply to the selection or exempt from 
appointment of any of the following: — • kws.^*''^"'^ 

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 sec- 
tion 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 common- 
wealth or of a city except as otherwise provided by 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 com- 
missioner 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 em- 
ployees 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- 
eight; 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 February S, 1951. 



An Act to provide protection to persons in the mili- nhfj^ 07 

TARY AND NAVAL SERVICE W^HO ARE ON CIVIL SERVICE ^' 

ELIGIBLE LISTS OR WHO HAVE TAKEN CIVIL SERVICE EX- 
AMINATIONS AND WHOSE NAMES ARE SUBSEQUENTLY 
PLACED ON ELIGIBLE LISTS. 

Be it enacted, etc., as folloius: 

The last paragraph of section 12 of chapter 31 of the g. l. (Ter. 
General Laws, added by section 1 of chapter 121 of the acts ^tt! 'amended, 
of 1948, is hereby amended by adding at the end the fol- 
lowing : — , except provisions of law extending eligibility to 
persons in the military and naval service, — so as to read as 
follows: — 

No person shall remain eligible for more than two years Eligibility. 
upon any eligible list, notwithstanding any other provision 
of law to the contrary, except provisions of law extending 
eligibility to persons in the military and naval service. 

Approved February 3, 1951. 



26 Acts, 1951. — Chaps. 28, 29, 30. 

Chap. 28 An Act relative to the weekly payment of wages. 

Be it enacted, etc., as follows: 
g^L. (Ter. Section 148 of- chapter 149 of the General Laws, as 

§ 148, etc., amended, is hereby further amended by striking out, in 
amended. j-^^^ -^ ^^ ^^iq last paragraph, as appearing in chapter 160 of 

the acts of 1936, the words ", except a person engaged in 
agriculture,", — so as to read as follows: — 
Penalty. Whoevcr violates this section shall be punished by a 

fine of not less than ten nor more than fifty dollars or by 
imprisonment in the house of correction for not more than 
two months, or both. Approved February 3, 1951. 



Chap. 29 An Act increasing the amount of money which the 

TOWN OF NATICK MAY BORROW FOR THE PURPOSE OF 
ACQUIRING LAND AND CONSTRUCTING, EQUIPPING AND 
FURNISHING SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 23 of the acts of 1949 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following : — Section 1 . For the purpose of 
acquiring land for and constructing and originally equipping 
and furnishing school buildings, the town of Natick may 
borrow, from time to time, within a period of ten years 
from the passage of this act, such sums as may be necessary, 
not exceeding in the aggregate one million three hundred 
thousand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, "Natick 
School Loan, Act of 1949". Each authorized issue shall 
constitute a separate loan and such loans shall be paid in 
not more than twenty years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit and shall, except as provided herein, be subject to 
chapter forty-four of the General Laws, including the 
limitation contained in the first paragraph of section seven 
thereof. 

Section 2. This act shall take effect upon its passage. 
Approved February 9, 1951. 



Chap. 30 An Act relative to further stay of judgment and 

execution in ACTIONS OF SUMMARY PROCESS. 

prTamlX"^^ ^hcreos, 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 pubUc health and convenience. 



Acts, 1951. — Chaps. 31, 32. 27 

Be it enacted, etc., as folloivs: 

Section 2 of chapter 43 of the acts of 1946, as most recently- 
amended by chapter 33 of the acts of 1950, is hereby further 
amended by striking out, in hne 3, the word "fifty-one" 
and inserting in place thereof the word : — fifty-two, — so 
as to read as follows : — Section 2. This act shall become 
inoperative on March thirty-first, nineteen hundred and 
fifty-two. Approved February 9, 1951. 



An Act validating and confirming the acts of the QJiap^ 31 

DEMOCRATIC TOWN COMMITTEE OF THE TOWN OF SOUTH- 
BRIDGE AND ESTABLISHING SAID COMMITTEE AS LAWFULLY 
CONSTITUTED. 

Be it enacted, etc., as follows: 

Section 1. All acts of the present democratic town 
committee, so called, of the town of Southbridge are hereby 
vaUdated and confirmed insofar as said acts may have been 
invahd by reason of failure to comply with the provisions 
of section five of chapter fifty-two of the General Laws, 
as amended by section one of chapter three hundred and 
forty-six of the acts of nineteen hundred and thirty-eight, 
or by reason of failure to comply \\ith any of the other 
provisions of said chapter fifty-two, and the membership 
of said committee and its officers, as appearing on the list 
filed by it with the state secretary, are hereby estabHshed 
as the duly constituted membership and officers thereof. 

Section 2. This act shall take effect upon its passage. 
Approved February 9, 1951. 



An Act extending the hours during which indoor QJi^j) 32 
hockey and basketball games may be played on the ^' 
lord's day. 

Be it enacted, etc., as follows: 

Chapter 136 of the General Laws is hereby amended by gj^"/Jg''''c2i 
striking out section 21, as most recently amended by chap- etc!, 'amended.' 
ter 119 of the acts of 1948, and inserting in place thereof the 
following section : — Section 21 . In any city which accepts Certain sports 
sections twenty-one to twenty-five, inclusive, by vote of its pernfitt^d^on 
city council and in any town which accepts said sections by ^°^^'^ day. 
vote of its inhabitants, it shall be lawful on the Lord's day 
to take part in or witness any athletic outdoor sport or 
game, as hereinafter provided, between the hours of one 
thirty and six thirty post meridian and, in the case of a 
baseball game, for a further period beyond the hour of six 
thirty post meridian but only so long as the game can be 
played without the aid of artificial lighting. In any such 
city or town, it shall be lawful on the Lord's day to take 
part in or witness, as hereinafter provided, any indoor 



28 Acts, 1951. — Chap. 32. 

hockey or basketball game between the hours of one thirty 
post meridian and twelve midnight. 

Approved February 9, 1951. 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, April 3, 1951. 

The Honorable Edward J. Croni^, Secretanj of the Commonwerdth, 
State House, Boston, Massachusetts. 

Dear Mr. Secretary: — I, Paul A. Dever, pursuant 
to the provisions of Article 48 of the Amendments to the 
Constitution, The Referendum, II. Emergency Measures, 
hereby declare that in my opinion the immediate preser- 
vation of the public peace, health, safety or convenience 
requires that the law entitled, "An Act extending the Hours 
during which Indoor Hockey and Basketball Games may 
be played on the Lord's Day", and the enactment of which 
was approved on February 9, 1951, should take effect 
forthwith. 

I further declare that in my opinion said law is an emer- 
gency law and the facts constituting the emergency are as 
follows : 

Unless said law becomes effective immediately, certain 
championship series currently scheduled to be played in the 
near future may be adversely affected in such manner as to 
seriously inconvenience the public and as to delay that 
decisive determination which is best calculated to promote 
sportsmanship in the American tradition free from such 
reproach and criticism as might impair the public peace and 
safety. 

Very truly yours, 

Paul A. Dever, 

Governor of the Commonivealth. 



Office of the Secretary, Boston, April 3, 1951. 

I hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at six o'clock 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 thirty-two of the acts of 
nineteen hundred and fifty-one. 

Edward J. Cronin, 
Secretary of the Commonwealth. 



Acts, 1951. — Chaps. 33, 34, 35. 29 

An Act relative to the conditional release of pris- Chap. 33 

ONERS sentenced FOR DRUNKENNESS TO A PENAL IN- 
STITUTION OF THE COMMONWEALTH OR TRANSFERRED 
THEREFROM. 

Be it enacted, etc., as folloivs: 

Section 136A of chapter 127 of the General Laws, inserted g^j^^Jf • 
by section 2 of chapter 690 of the acts of 1941, is hereby U36a etc., 
amended by inserting after the word "commonwealth" in '""''" ^ ■ 
lines 3 and 4 the words : — or who has been transferred 
therefrom to any other penal institution, — so as to read 
as iollows: — Section 136 A. The commissioner may grant, pgf°^'^4^'°"'*' 
upon such terms and conditions as he may prescribe, a con- prisoners held 
ditional release to any prisoner in a penal institution of the jfuikenness. 
commonwealth or who has been transferred therefrom to 
any other penal institution who is there held solely by rea- 
son of a sentence for drunkenness. Such terms and condi- 
tions may be revised, altered or amended, or such conditional 
release may be revoked, by the commissioner at any time. 
A violation by the holder of such conditional release of any 
of its terms or conditions or the violation of any law of the 
commonwealth shall render such conditional release void. 
The commissioner, if a conditional release issued by him 
has become void or has been revoked, may order the arrest 
of the holder of such conditional release by any special state 
pohce officer in the department of correction or any officer 
quahfied to serve civil or criminal process in any county, 
and the return of such holder to the prison to which he was 
originally sentenced. Approved February 9, 1951. 



An Act relative to the disposition of fines collected QJiQp^ 34 

FROM PERSONS CONVICTED OF CRUELTY TO ANIMALS. 

Be it enacted, etc., as follows: 

Section 1. Section 84 of chapter 272 of the General g.^i-^tp'-.^ ^^^ 
Laws, as appearing in the Tercentenary Edition, is hereby amended.' 
amended by striking out all after the word "notice" in 
line 3, — so as to read as follows: — Section 84- Sheriffs, officers to 
deputy sheriffs, constables and police officers shall prose- P'"°''ecute. 
cute all violations of sections seventy-seven to eighty-one, 
inclusive, which come to their notice. 

Section 2. Section 85 of said chapter 272, as so appear- g. l. (Ter. 
ing, is hereby repealed. Approved February 9, 1951. J^eje^i^ed^' ^ ^^' 

An Act increasing the amount of household furni- Chap. 35 
ture exempted from seizure on execution. 

Be it enacted, etc., as follows: 

Clause Second of section 34 of chapter 235 of the General g-j^; ^J^^-^ 34^ 
Laws, as appearing in the Tercentenary Edition, is hereby etc., 'amended. 
amended by striking out, in fine 2, the words "three hun- 



30 



Acts, 1951. — Chap. 36. 



Property 
exempt from 
execution. 



dred" and inserting in place thereof the words: — one thou- 
sand, — so as to read as follows : — 

Second, Other household furniture necessary for him and 
his family, not exceeding one thousand dollars in value. 

Approved February 9, 1951. 



G. L. (Ter. 
Ed.), 146, § 50, 
etc., amended. 



Qualifications 
of licensees. 



Chap. 36 An Act further regulating the qualifications of 

APPLICANTS FOR ENGINEERS' OR FIREMEN's LICENSES. 

Be it enacted, etc., as follows: 

Section 50 of chapter 146 of the General Laws, as amended 
by chapter 67 of the acts of 1935, is hereby further amended 
by striking out, in line 25, the words ''or chemical" and 
inserting in place thereof the words : — , chemical engineer 
or electrical, — so as to read as follows : — Section 50. To 
be ehgible for examination for a first class fireman's license, 
a person must have been employed as a steam engineer or 
fireman in charge of or operating boilers for not less than one 
year, or he must have held and used a second class fireman's 
license for not less than six months. To be eligible for 
examination for a third class engineer's license, a person 
must have been employed as a steam engineer or fireman 
in charge of or operating boilers for not less than one and one 
half years, or he must have held and used a first class fire- 
man's license for not less than one year. To be eligible for 
examination for a second class engineer's license, a person 
must have been employed as an engineer in charge of a steam 
plant or plants having at least one engine of over fifty horse 
power for not less than two years, or he must have held 
and used a third class engineer's license either as an engineer, 
assistant engineer or fireman for not less than one year, or 
have held and used a special license to operate a first class 
plant for not less than two years; except that any person 
who has served three years as apprentice to the machinist or 
boiler making trade in stationary, marine or locomotive 
engine or boiler works and who has been employed for one 
year in connection with the operation of a steam plant, or 
any person graduated as a mechanical engineer, chemical 
engineer or electrical engineer from a duly recognized school 
of technology who has been employed for one year in con- 
nection with the operation of a steam plant, shall be ehgible 
for examination for a second class engineer's license. To be 
eligible for examination for a first class engineer's hcense, a 
person must have been employed for not less than three 
years as an engineer in charge of a steam plant or plants 
having at least one engine of over one hundred and fifty 
horse power, or he must have held and used a second class 
engineer's license in a second class or first class plant for not 
less than one and one half years. 

Approved February 9, 1951. 



Acts, 1951. — Chaps. 37, 38, 39. 31 



An Act providing for the granting of leaves of ab- Qfidp^ 37 

SENCE TO PERSONS HOLDING OFFICE OR EMPLOYMENT 
UNDER THE CIVIL SERVICE LAW. 

Be it enacted, etc., as folloivs: 

The first paragraph of section 46E of chapter 31 of the g. l. (Ter. 
General Laws, as appearing in section 7 of chapter 703 of ^tc'l'amendtd^' 
the acts of 1945, is hereby amended by inserting after the 
word "months", in Une 4, the words: — to a person holding 
office or employment, — so as to read as follows : — An Leave of 
appointing authority may grant a leave of absence for a ^'^^ence. 
period not to exceed three months in any period of twelve 
consecutive months to a person holding office or employment. 
No leave of absence for a longer period, except one granted 
on account of illness, as evidenced by the certificate of a 
registered physician approved by the director, may be 
granted without the prior approval of the director. 

Approved February 9, 1951. 



An Act relative to safety devices on certain machines. QJkij) 38 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 127, as appearing in the Tercentenary f 127, Amended. 
Edition, and inserting in place thereof the following section: 
— Section 127. The belting, shafting, gearing, drums and all Guards for 
machinery having movable parts in all factories, workshops, 
mechanical and mercantile establishments, if so placed as to 
be dangerous to employees while engaged in their ordinary 
duties, shall be securely guarded so far as practicable. 
Guards, dogs or other safety devices installed on belting, 
shafting, gearing, drums and all machinery having movable 
parts shall not be disconnected or removed, except when 
such belting, shafting, gearing, drums and all machinery 
having movable parts has been shut down for repairs. No 
machinery except steam engines in a factory, workshop, 
mechanical or mercantile establishment shall be cleaned 
while running. Approved February 9, 1951. 



gears, etc. 



An Act providing tenure of office for leland d. thomp- Chap. 39 

SON, incumbent of the office of HIGHWAY SURVEYOR 
OF THE TOWN OF HAMILTON. 

Be it enacted, etc., as folloivs: 

Section 1. The tenure of office of Leland D. Thompson, 
incumbent of the office of highway surveyor of the town of 
Hamilton, shall, upon the effective date of this act, be un- 
limited, and he may be removed therefrom only in the man- 
ner provided by section three of this act. If said incumbent 
shall cease to hold office as provided by this act, his successor 
shall be elected by vote of a majority of the selectmen, and 



32 Acts, 1951. — Chap. 40. 

said highway surveyor shall serve until the next regular 
town election, at which election a highway surveyor shall be 
elected as provided by law. 

Section 2. This act shall be submitted for acceptance to 
the voters of said town of Hamilton at the annual town 
meeting in the current year in the form of the following 
question, which shall be placed upon the official ballot to be 
used for the election of town officers at said meeting: — 
"Shall an act passed by the General Court in the year nine- 
teen hundred and fifty-one, entitled, 'An Act providing 
tenure of office for Leland D. Thompson, incumbent of the 
office of highway surveyor of the town of Hamilton', be 
accepted?" If a majority of the votes in answer to said 
question is in the affii'mative, then this act shall thereupon 
take full effect, but not otherwise. 

Section 3. At any time after the expiration of one year 
from the date on which this act is accepted, and not less than 
sixty days prior to the annual town meeting, a petition, 
signed by not less than ten per cent of the registered voters 
of the town, may be filed with the selectmen, requesting that 
the question of revoking the acceptance of this act be sub- 
mitted to the voters. Thereupon the selectmen shall cause 
the question of revocation of the acceptance to be placed on 
the official ballot used for the election of town officers at said 
meeting in the form of the following question: — "Shall the 
acceptance by the town of Hamilton of an act passed by the 
General Court in the year nineteen hundred and fifty-one, 
entitled, 'An Act providing tenure of office for Leland D. 
Thompson, incumbent of the office of highway surveyor of 
the town of Hamilton' be revoked?" If such revocation is 
favored by a majority of the voters voting thereon, the ac- 
ceptance of this act shall be revoked and this act shall be- 
come null and void beginning with the first day of the month 
next following such revocation. 

Approved February 9, 1951. 

Chan 40 ^^ ^^^ increasing the amount to be charged by jus- 
tices OF THE peace FOR RECEIVING COMPLAINTS IN CER- 
TAIN CASES. 

Be it enacted, etc., as follows: 

%d)'^^2,\\, The sixth paragraph of section 1 of chapter 262 of the 
etc!, 'amended. General Laws, as appearing in chapter 129 of the acts of 1949, 
is hereby amended by striking out, in line 2, the word "two" 
the second time it appears therein and inserting in place 
thereof the word: — three, — so as to read as follows: — 
wa^rlntsby ^^^ recciving a complaint under section thirty-six of 

usticeofthe chapter two hundred and eighteen, three dollars; and for 
"""" issuing a summons, process or warrant under said section, 

two dollars, except that when more than one summons shall 
be simultaneously issued against a single defendant, no fee 
shall be paid for such summonses other than the first one. 
Approved February 9, 1951. 



peace, regu 
lated. 



Acts, 1951. — Chap. 41. 33 



An Act eegulating peovisional appointments under Chap. 41 

THE CIVIL SERVICE LAW. 

Be it enacted, etc., as folio ws: 

Section 1. Section 15 of chapter 31 of the General Laws g. l. (Ter. 
is hereby amended by striking out the first paragraph, as ^tc!? amended: 
appearing in chapter 103 of the acts of 1946, and inserting 
in place thereof the following paragraph : — No person shall Appointment, 
be appointed or promoted to any position in the classified etc*' ''''*'°"' 
civil service except upon requisition by the appointing officer 
and upon certification by the director from an eligible list 
prepared in accordance with this chapter and the rules made 
thereunder. If there is no such list, or if the director is un- 
able to comply with a requisition, he may, subject to section 
twenty-five, authorize a provisional appointment. Such a 
provisional appointment may be authorized to fiJl a per- 
manent position for a period of not more than six months, 
except that in departments, institutions or hospitals the 
functions of which are connected with public safety or public 
health where the pubhc service would otherwise suffer, the 
director may renew such provisional appointment for an 
additional period of three months if supported by four af- 
firmative votes of the commission, and a statement of such 
renewal and the reasons therefor shall be set forth by the 
director in his monthly report; but no person shall be certi- 
fied for more than one such provisional appointment and 
renewal in any twelve-month period. Authorization to 
make a provisional appointment shall be void if not exercised 
within two weeks from the date thereof. The director shall 
forth\\'ith conduct an examination and establish an eligible 
fist for such a position. A provisional appointment to fill 
a permanent position shall, except in the case of a renewal 
of such a provisional appointment as aforesaid, be terminated 
by the director within fourteen daj^s after the estabhshment 
of an eligible list for such position, and it may be terminated 
by the director at any time. 

Section 2. Said section 15 of said chapter 31 is hereby g. l. (Ter. 
further amended by striking out the fourth paragraph, as ftti'f^^hy'^' 
so appearing, and inserting in place thereof the following amended. 
paragraph : — 

A provisional appointment to fill a temporary position Same subject. 
shall continue for the period for which it was authorized; 
provided, that no such appointment shall be made for more 
than six months, and the director may authorize not more 
than one provisional appointment to the same temporary 
position in any twelve-month period. Any alteration in the 
nature of the employment of a person holding such a pro- 
visional appointment or any increase in salary thereof shall 
immediately terminate such an appointment. 

Approved February 9, 1951. 



34 



Acts, 1951. — Chaps. 42, 43. 



G. L. (Ter. 
Ed.). 127, 
§ 152, etc., 
amended. 



Copies of 
petitions. 



Chap. 42 An Act relative to petitions for the exercise of the 

PARDONING POWER, AND PROCEDURE IN CONNECTION 
THEREWITH. 

Be it enacted, etc., as follows: 

Section 152 of chapter 127 of the General Laws is hereby 
amended by striking out the second paragraph, as appear- 
ing in chapter 479 of the acts of 1939, and inserting in place 
thereof the following paragraph : — 

The commissioner shall, forthwith upon receipt of such 
petition, cause copies thereof, together with copies of all 
statements and signatures appended thereto, to be delivered 
or mailed to the attorney general, the district attorney in 
whose district said sentence was imposed, and the parole 
board. Within not less than two weeks and not more than 
six weeks from the date of said delivery or mailing the com- 
missioner shall transmit the original petition, together with 
all statements and signatures appended thereto, to the gov- 
ernor, together with his written recommendation concerning 
said petition. The attorney general, district attorney and 
the parole board shall each forthwith, upon receipt from 
the commissioner of the copy of the said petition, file with 
the governor and with the commissioner their respective 
written recommendations as to whether or not said pardon 
should be granted. Said recommendations shall be filed 
with the commissioner by tendering the same in person or by 
mailing the same by registered mail, and upon receipt thereof 
by the commissioner such recommendations and the petition 
to which they relate shall thereupon become a matter of 
public record. Approved February 9, 1951. 



Chap. 43 An Act providing for a five day work week for police 

OFFICERS OF THE TOWN OF BELMONT. 

Be it eriacted, etc., as follows: 

Section 1. Notwithstanding any other provision of 
general or special law, the services of all police officers of 
the town of Belmont shall be restricted to five days in any 
one week; provided, that, in case of any pubhc emergency, 
or of any unusual demand for the services of said poHce, 
service in excess of five days may be authorized by the select- 
men. 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 town of Belmont for acceptance at the annual 
town 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 town at said election: — "Shall an act passed 
by the general court in the year nineteen hundred and fifty- 
one, entitled 'An Act providing for a five day work week for 
police officers of the town of Belmont', be accepted?" If a 



Acts, 1951. — Chaps. 44, 45. 35 

majority of the votes cast in answer to said question is in 
the affirmative, then this act shall take full effect, but not 
otherwise. Approved February 9, 1951. 



An Act providing for a five day work week for police Chap. 44 

OFFICERS OF THE TOWN OF WAKEFIELD. 

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 
town of Wakefield 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 chief of 
police, and such additional services shall be compensated for 
as overtime. The compensation payable to any poKce 
officer shall not be reduced by reason of acceptance of this 
act. 

Section 2. This act shall be submitted to the regis- 
tered voters of the town of Wakefield at the annual town 
election in the current year in the form of the following ques- 
tion which shall be placed upon the official ballot to be used 
in said town at said election: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty-one, 
entitled 'An Act pro\dding for a five day work week for 
police officers of the town of Wakefield', be accepted?" If 
a majority of the votes in answer to said question is in the 
affirmative, this act shall take full effect on May first, nine- 
teen hundred and fifty-one, but not otherwise. 

Approved February 12, 1951. 



An Act authorizing the county commissioners of the CJiav 45 

COUNTY OF MIDDLESEX TO HAVE PLANS AND SPECIFICATIONS 
PREPARED FOR A NEW COURT HOUSE IN THE TOWN OF 
FRAMINGHAM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate court 
house accommodations and facilities for the first district 
court of Southern Middlesex in the town of Framingham, 
the county commissioners of the county of Middlesex are 
hereby authorized and directed to cause plans and specifi- 
cations to be prepared for a new court house. For said pur- 
poses, said commissioners may expend such sums, not ex- 
ceeding fifteen thousand dollars, as may be provided therefor 
in the appropriations for the current year for said county. 

Section 2. This act shall take effect upon its passage. 
Approved February 12, 1951. 



36 Acts, 1951. — Chaps. 46, 47. 



ChaV 46 ^'^ ^^'^ RELATIVE TO APPROPRIATIONS FOR SCHOOL PURPOSES 
^' IN THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 178 of the acts of 1909 
is hereby amended by strildng out the paragraph inserted 
by section 1 of chapter 154 of the acts of 1937, as most 
recently amended by section 1 of chapter 70 of the acts of 
1949, and inserting in place thereof the following para- 
graph: — Notwithstanding the foregoing provisions of this 
section, if in the opinion of the school committee amounts 
in excess of the aggregate amount which would be available 
under such provisions are necessary for the above named 
purposes for any financial year, the school committee, by 
vote of a majority of all its members taken by yeas and nays, 
subject to the approval of the mayor, may increase appro- 
priations for said purposes for such financial year, but the 
total amount available for said purposes shall not exceed 
the sum of three million dollars from taxation, plus balances 
of appropriations and miscellaneous receipts, including 
physical education and school lunches, and amounts to be 
received from other state aid for school purposes. 

Section 2. Appropriations for the city of L3mn for the 
current year may be made under section one of said chapter 
one hundred and seventy-eight, as most recently amended 
by section one of this act and as affected by section thirty 
of chapter forty-four of the General Laws at any time before 
the fixing of the tax rate for said city for the current year, 
notwithstanding any provision therein contained. 

Section 3. This act shall take effect upon its passage. 
Approved February 12, 1951. 

Chap. 47 ^'^ -^^^ AUTHORIZING THE CITY OF GARDNER TO USE FOR 
HIGHWAY PURPOSES CERTAIN LAND HELD BY IT FOR THE 
PURPOSE OF A PUBLIC PARK. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Gardner is hereby authorized to 
use for highway purposes that portion of the real estate 
situated in said city and known as Lafayette Square park 
which is held by it for public park purposes by virtue of the 
conveyance to it from Philip Grammont by instrument 
dated April 12, 1909 and recorded in Worcester District 
Registry of Deeds, Book 1909, Page 29, and from Charles 
N. Edgell et al, dated April 16, 1909 and recorded in said 
Deeds in Book 1907, Page 479, and from Arthur P. Hager 
et ah, dated April 26, 1909 and recorded in said Deeds in 
Book 1909, Page 28, and bounded and described as follows: — 

A triangular shaped tract of land situated at the junction 
of West and Parker streets in Gardner, bounded and de- 
scribed as follows, to wit: — Beginning at the intersection 
of the southerly line of West street and the northerly fine 



Acts, 1951.— Chaps. 48, 49. 37 

of Parker street; thence, N. 89° W. by the northerly hne 
of Parker street, 109.56 feet to its intersection with the 
easterly line of Nichols street; thence, N. 15° E. by the 
easterly line of Nichols street, 50.5 feet to its intersection 
with the southerly line of West street; thence, easterly by 
the southerly hne of West street, 108.9 feet to the place of 
beginning. Containing 2,684 square feet, more or less. 
Section 2. This act shall take effect upon its passage. 
Approved February 12, 1951. 

An Act relative to the signing of bonds or notes Chap. 48 

ISSUED BY THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 18 of chapter 448 of the acts of 1909 is hereby 
amended by striking out, in lines 3 and 4, the words "and a 
majority of the municipal council", — so as to read as fol- 
lows: — Section 18. Any notes or bonds which the city is 
authorized to issue shall be signed by the city treasurer and 
countersigned by the mayor. 

Approved February 12, 1951. 

An Act relative to the hours of duty of the permanent Chap. 49 

MEMBERS OF THE FIRE DEPARTMENT IN THE TOWN OF 
STONEHAM. 

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 Stoneham, 
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. 

Section 2. Upon petition of not less than ten per cent of 
the registered voters in the town of Stoneham duly certified 
by the registrars of voters and filed with the state secretary 
not less than thirty days before any biennial state election, 
or filed with the town clerk not less than thirty days before 
any towTi election, the state secretary or the town clerk, as 
the case may be, shall cause to be printed upon the oflficial 
ballot to be used in said town at such state election, or upon 
the ballot to be used for the election of town officers at such 
town election, as the case may be, the following question: — 
"Shall an act passed by the general court in the year nine- 
teen hundred and fifty-one, 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 cast in 
answer to said question at such election is in the affirmative, 
this act shall thereupon take fuh effect, but not otherwise. 
Approved February 12, 1951. 



38 Acts, 1951. — Chap. 50. 



CliaV 50 ^'^ ^^'^ ESTABLISHING A TOWN MANAGER FORM OF GOVERN- 
MENT FOR THE TOWN OF STONEHAM. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Stoneham, as hereinafter provided, and beginning with 
the year next following such acceptance, the regular town 
election 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 required 
to be submitted thereat, shall be held biennially on the 
first Monday in March, and shall be considered part of the 
annual town meeting held in that year. 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. Election of Moderator. — At the first town 
election following the acceptance of this act, and at each 
biennial election thereafter, the registered voters of the 
town shall elect a moderator who shall hold office for the 
term of two years from the biennial town election at which 
he is elected. He shall be sworn to the faithful performance 
of his duties by the town clerk or a justice of the peace. 

Section 3. Election of Selectmen. — At the first town 
election following the acceptance of this act, and at each 
biennial election thereafter, the registered voters of the 
town shall elect five selectmen who shall hold office for a 
term of two years from the biennial town election at which 
they are elected. The selectmen elected hereunder shall 
serve until the qualification of their successors. A vacancy 
in the membership of the board of selectmen shall be filled 
at a special election called for the purpose on the fourth 
Monday following the date of the vacancy. They shall be 
sworn to the faithful performance of their duties by the 
town clerk or a justice of the peace. 

Section 4. Appointive Powers of Selectmen. — The select- 
men shall appoint, and may remove election officers and the 
registrars of voters, except the town clerk. 

Section 5. Election of School Committee. — At the first 
town election following the acceptance of this act the regis- 
tered voters of the town shall elect two members of the school 
committee for a term of two years, two members of said 
committee for a term of four years, and one member of said 
committee for a term of six years, and thereafter at each 
biennial election the registered voters of the town shall elect 
a member or members for a term of six years in the place of 
those whose terms are to expire. Members of the school 
committee elected hereunder shall serve until the quali- 
fication of their successors. When a vacancy occurs in the 
membership of the school committee it shall be filled in the 
manner provided herein for filling vacancies in the board of 



Acts, 1951. — Chap. 50. 39 

selectmen. Upon the election and qualification of the mem- 
bers of the school committee in the year next following the 
acceptance of this act, the terms of office of the members of 
the then existing committee shall terminate. 

Section 6. Powers of School Committee. — Upon the elec- 
tion and qualification of the five members of the school 
committee elected as herein provided, all the powers, rights, 
duties and liabilities, except as hereinafter provided, now 
or hereafter conferred or imposed by law upon the school 
committee, shall be exercised and performed by the school 
committee elected under the provisions of this section. 
Nothing in this act shall be construed to affect the powers 
and duties of the school committee as provided by law, 
except as specifically provided herein. 

Sp:ction 7. Multiple Officers. — A member of the board 
of selectmen, or of the school committee, or of the finance 
committee shall, during the term for which he was elected 
or appointed, be ineligible either by election or appointment 
to hold any other town office. Any person appointed by the 
town manager to any town office under the provisions of this 
act or of any general or special law shall be eligible during 
the term of said office to appointment to any other town 
office, except that the town accountant shall not be eligible 
to hold the position of town treasurer or the position of town 
collector. The town manager, subject to any applicable 
provision of the General Laws relating thereto, may assume 
the duties of any office which he is authorized to fill by 
appointment. 

Section 8. Investigations or Surveys. — For the purpose 
of making investigations or surveys, the selectmen may 
employ such experts, counsel and other assistants and incur 
such other expenses, not exceeding in any year the sum of 
one thousand dollars, or such larger sum as may be appro- 
priated for the purpose by the town, as they may deem 
necessary, and the same shall be paid by the treasurer upon 
a warrant signed by a majority of the board of selectmen. 

TOWN MANAGER. 

Section 9. Appointment of Town Manager. — The select- 
men elected as provided herein shall appoint, as soon as 
practicable, for a term of five years, a town manager who 
shall be a person especially fitted by education, training 
and experience to perform the duties of the office. The town 
manager shall be appointed without regard to his political 
beliefs. He need not be a resident of the town or of this 
commonwealth when appointed, but shall be a resident of 
the town during his term of office. He may be appointed 
for successive terms of office. Before entering upon the 
duties of his office, the town manager shall be sworn to the 
faithful and impartial performance thereof by the town 
clerk, or by a justice of the peace. He shall execute a bond 
in favor of the town for the faithful performance of his duties 



40 Acts, 1951. — Chap. 50. 

in such sum and with such surety or sureties as may be fixed 
or approved by the selectmen. 

Section 10. Appointment of a Temporary Manager. — 
Any vacancy in the office of town manager shall be filled as 
soon as possible by the selectmen. Pending the appointment 
of a town manager or the filling of any vacancy, the select- 
men shall appoint a suitable person to perform the duties of 
the office within seven days. 

Section 11. Acting Manager. — The town manager may 
designate, by letter filed with the town clerk, a qualified 
officer of the town to perform his duties during his temporary 
absence or disability. In the event of failure of the manager 
to make such designation, the selectmen may, by resolution, 
designate an officer of the town to perform the duties of the 
manager until he shall return or his disability shall cease. 

Section 12. Removal of Manager. — The selectmen, by 
a four fifths vote of the full membership of the board, may 
remove the town manager. At least thirty days before such 
proposed removal shall become effective, the selectmen shall 
file a preliminary written resolution with the town clerk 
setting forth in detail the specific reasons for his proposed 
removal, a copy of which resolution shall be delivered to the 
town manager. The manager may reply in writing to the 
resolution and may request a public hearing. If the mana- 
ger so requests, the board of selectmen shall hold a public 
hearing not earlier than twenty days nor later than thirty 
days after the filing of such request. After such public hear- 
ing, if any, otherwise at the expiration of thirty days follow- 
ing the filing of the preliminary resolution, and after full 
consideration, the selectmen by a four fifths vote of the full 
membership of the board may adopt a final resolution of re- 
moval. In the preliminary resolution, the selectmen may 
suspend the manager from duty, but shall in any case cause 
to be paid to him forthwith any unpaid balance of his salary 
and his salary for the next thi^ee calendar months following 
the filing of the preliminary resolution. Within thirty days 
after a hearing provided for herein, the town manager who 
was removed may bring a petition in the district court of the 
judicial district of the town, addressed to the justice of the 
court, praying that the action of the board in removing him 
be reviewed by the court, and after such a notice to such 
board or town manager as the court deems necessary, it 
shall review such action, hear any and all of the witnesses 
and determine whether or not upon all the evidence such 
action was justified. If the court finds such action was 
justified, the decision at the hearing shall be affirmed, other- 
wise it shall be reversed and the petitioner shall be reinstated 
in his office without loss of compensation. The decision of 
the court shall be final and conclusive upon the parties. 

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



Acts, 1951. — Chap. 50. 41 

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

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

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

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

(d) Notwithstanding the provisions of section one hundred 
and eight of chapter forty-one of the General Laws, but sub- 
ject to all applicable provisions of chapter thirty-one of the 
General Laws, the town manager shall fix the compensation 
of all town officers and employees subject to removal by him. 

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

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

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

(h) The town manager shall have jurisdiction over the 
rental and use of all town property and shall be responsible 
for the maintenance and repair of all town buildings. He 
shall be responsible for the preparation of plans and the 
supervision of work on existing buildings or on the construc- 
tion of new buildings. 

(i) The town manager shall purchase all supplies and 
materials and equipment, except books for schools and li- 
braries, and shall award all contracts for all departments of 
the town. He shall make purchases for departments not 



42 Acts, 1951. — Chap. 50. 

under his supervision only upon requisition duly signed by 
the head of such department. 

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

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

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

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

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

Section 16. Appointment of Board of Public Welfare. — 
The town manager shall appoint a board of public welfare 
to consist of three suitably qualified persons. One of said 
persons shall be appointed for a term of one year, one for a 
term of two years, and one for a term of three years; and 
annually thereafter there shall be appointed by the town 
manager, a member for a term of three years in the place of 
the member whose term is to expire. The members shall 
serve until their successors are appointed and qualified. If 
for any reason a vacancy occurs in the membership of the 
board of public welfare, the vacancy shall be filled forthwith 
by the town manager for the unexpired term. Upon the 
appointment and qualification of the members of the board 
of public welfare as provided in this section the terms of 
office of the members of the then existing board of public 
welfare of the town shall terminate. The board of public 
welfare appointed hereunder shall organize for the proper 



Acts, 1951. —Chap. 50. 43 

conduct of their duties and shall possess all the powers and 
rights and be subject to all the duties and liabilities con- 
ferred or imposed by law upon boards of public welfare of 
towns, but in the performance of their duties they shall be 
subject to the general supervision and direction of the town 
manager. They shall be sworn to the faithful performance 
of their duties by the town clerk or by a justice of the peace. 

Section 17. Appointment of Board of Health. — The town 
manager shall appoint a board of health to consist of three 
suitably qualified persons. One of said persons shall be 
appointed for a term of one year, one for a term of two 
years, and one for a term of three years; and annually there- 
after there shall be appointed by the town manager a mem- 
ber for a term of three years in the place of the member 
whose term is to expire. The members shall serve until 
their successors are appointed and qualified. If for any 
reason a vacancy occurs in the membership of the board of 
health, the vacancy shall be filled forthwith by the town 
manager for the unexpired term. Upon the appointment 
and qualification of the members of the board of health as 
provided in this section, the terms of oflftce of the members 
of the then existing board of health of the town shall termi- 
nate. The board of health appointed hereunder shall organ- 
ize for the proper conduct of their duties and shall possess 
all the powers and rights and be subject to all the duties and 
liabilities conferred or imposed by law upon boards of health 
of towns, but in the performance of their duties they shall 
be subject to the general supervision and direction of the 
town manager. They shall be sworn to the faithful perform- 
ance of their duties by the town clerk or by a justice of the peace. 

Section 18. A ppointment of Board of Park Commissioners. 
— The town manager shall appoint a board of park commis- 
sioners to consist of three suitably qualified persons. One 
of said persons shall be appointed for a term of one year, 
one for a term of two years, and one for a term of three 
years; and annually thereafter there shall be appointed by 
the towTi manager, a member for a term of three years in 
the place of the member whose term is to expire. The mem- 
bers shall serve until their successors are appointed and 
qualified. If for any reason a vacancy occurs in the mem- 
bership of the board of park commissioners, the vacancy 
shall be filled forthwith by the town manager for the unex- 
pired term. Upon the appointment and qualification of the 
members of the board of park commissioners as provided in 
this section, the terms of office of the members of the then 
existing board of park commissioners of the town shall ter- 
minate. The board of park commissioners appointed here- 
under shall organize for the proper conduct of their duties 
and shall possess all the powers and rights and be subject 
to all the duties and liabilities conferred or imposed by law 
upon the boards of park commissioners of towns, but in the 
performance of their duties they shall be subject to the gen- 
eral supervision and direction of the town manager. They 



44 Acts, 1951.— Chap. 50. 

shall be sworn to the faithful performance of their duties by 
the town clerk or by a justice of the peace. 

Section 19. AppoiJitment of Board of Cemetery Commis- 
sioners. — The town manager shall appoint a board of ceme- 
tery commissioners to consist of five suitably qualified per- 
sons. One of said persons shall be appointed for a term of 
one year, one for a term of two years, one for a term of three 
years, one for a term of four years, and one for a term of 
five years; and annually thereafter there shall be appointed 
by the town manager, a member for a term of five years in 
the place of the member whose term is to expire. The 
members shall serve until their successors are appointed and 
qualified. If for any reason a vacancy occurs in the mem- 
bership of the board of cemetery commissioners, the vacancy 
shall be filled forthwith by the town manager for the unex- 
pired term. Upon the appointment and qualification of the 
members of the board of cemetery commissioners as provided 
in this section the terms of office of the members of the then 
existing board of cemetery trustees of the town shall termi- 
nate. The board of cemetery commissioners appointed here- 
under shall organize for the proper conduct of their duties 
and shall possess all the powers and rights and be subject to 
all the duties and liabilities conferred or imposed by law 
upon boards of cemetery commissioners of towns, but in the 
performance of their duties they shall be subject to the gen- 
eral supervision and direction of the town manager. They 
shall be sworn to the faithful performance of their duties by 
the town clerk or by a justice of the peace. 

Section 20. Appointmefit of Board of Library Trustees. — 
The town manager shall appoint a board of library trustees 
to consist of five suitably qualified persons. One of said 
persons shall be appointed for a term of one year, one for a 
term of two years, one for a term of three years, one for a 
term of four years, and one for a term of five years; and 
annually thereafter there shall be appointed by the town 
manager a member for a term of five years in the place of the 
member whose term is to expire. The members shall serve 
until their successors are appointed and qualified. If for 
any reason a vacancy occurs in the membership of the board 
of library trustees, the vacancy shall be filled forthwith by 
the town manager for the unexpired term. Upon the ap- 
pointment and quahfication of the members of the board of 
library trustees as provided in this section the terms of 
office of the then existing board of library trustees shall 
terminate. The board of library trustees appointed here- 
under shall organize for the proper conduct of their duties 
and shall possess all the powers and rights and be subject 
to the duties and liabilities conferred or imposed by law upon 
boards of library trustees of towns but in the performance 
of their duties they shall be subject to the general super- 
vision and direction of the town manager. They shall be 
sworn to the faithful performance of their duties by the 
town clerk or a justice of the peace. 



Acts, 1951. — Chap. 50. 45 

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

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

Section 23. Town Treasurer. — The town manager shall 
appoint a suitably qualified person to the office of town 
treasurer. The existing elective office of town treasurer shall 
be continued until the person appointed to said office of town 
treasurer shall have qualified, at which time the elective 
office of town treasurer shall terminate. The town treasurer 
shall have the powers, perform the duties, and be subject to 
the liabilities and penalties now or hereafter conferred or im- 
posed by law upon town treasurers but in the conduct of his 
office shall be subject to the supervision and direction of the 
town manager. Whenever it shall be necessary to execute 
any deed conveying land, or any other instrument required 
to carry into effect any vote of the town, the same shall be 
executed by the treasurer in behalf of the town, unless the 
town shall vote otherwise. The town treasurer shall be 



46 Acts, 1951. — Chap. 50. 

sworn to the faithful performance of his duties by the town 
clerk or by a justice of the peace. 

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

Section 25. Town Accountant. — The town manager 
shall appoint a suitably qualified person to the office of town 
accountant. The town accountant in office when this act 
becomes effective shall continue in office, but otherwise sub- 
ject to removal by the town manager as provided herein. 
Except as otherwise provided in this act, the town accountant 
shall have the powers, perform the duties and be subject to 
the liabilities and penalties now or hereafter conferred or 
imposed by law upon town accountants but in the per- 
formance of his duties he shall be subject to the general super- 
vision and direction of the town manager. The town ac- 
countant shall be sworn to the faithful performance of his 
duties by the town clerk or by a justice of the peace. 

Section 26. Superintendent of Public Works. — The 
town manager shall appoint a suitably qualified person to 
the office of superintendent of public works. The superin- 
tendent of public works in office when this act becomes 
effective shall continue in office, subject to the provisions of 
chapter thirty-one of the General Laws, if applicable, but 
otherwise subject to removal by the town manager as pro- 
vided herein. The superintendent of public works shall 
have the powers, perform the duties and be subject to the 
liabilities and penalties now or hereafter conferred or 
imposed by law upon any officer or officers having similar 
duties, but in the performance of his duties he shall be sub- 
ject to the general supervision and direction of the town 
manager. 

Section 27. Tree Warden. — The town manager shall 
appoint a suitably qualified person to the office of tree 
warden. The existing elective office of tree warden shall be 
continued until the person appointed to said office of tree 
warden shall have qualified; at which time the elective oflfiice 
of tree warden shall terminate. The tree warden shall have 
the powers, perform the duties and be subject to the habili- 
ties and penalties now or hereafter conferred or imposed by 
law upon tree wardens but in the conduct of his office he 
shall be subject to the supervision and direction of the town 
manager. The tree warden shall be sworn to the faithful 



Acts, 1951. — Chap. 50. 47 

performance of his duties by the town clerk or a justice of 
the peace. 

LEGAL AFFAIRS. 

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



FISCAL AFFAIRS. 

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

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

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

Section 32. Fees paid to Treasury. — The aggregate an- 
nual compensation of each town employee appointed by the 



48 Acts, 1951.— Chap. 50. 

manager shall be limited to the amount established in ac- 
cordance with the provisions of this act and all fees received 
in accordance with the provisions of any general or special 
law shall be paid into the treasury of the town. 

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

Section 34. Estimates of Expenditures. — On or before 
the first day of December of each year, the town manager 
shall submit to the selectmen a careful, detailed estimate in 
writing of the probable expenditures of the town government 
for the ensuing fiscal year, stating the amount required to 
meet the interest and maturing bonds and notes or other 
outstanding indebtedness of the town, and showing specifi- 
cally the amount necessary to be provided for each fund and 
department, together with a statement of the expenditures 
of the town for the same purposes in the two preceding years 
and an estimate of the expenditures for the current year. 
He shall also submit a statement showing all revenues re- 
ceived by the town in the two preceding fiscal years together 
with an estimate of the receipts of the current year and an 
estimate of the amount of income from all sources of revenue 
exclusive of taxes upon property in the ensuing year. He 
shall report the probable amount required to be levied and 
raised by taxation to defray all expenses and liabilities of the 
town together with an estimate of the tax rate necessary to 
raise said amount. For the purpose of enabling the town 
manager to make up the annual estimates of expenditures, 
all boards, officers, and committees of the town shall, upon 
his written request, furnish all information in their possession 
and submit to him in writing a detailed estimate of the 



Acts, 1951. — Chap. 50. 49 

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

Section 35. Annual Budget. — The selectmen shall con- 
sider the tentative budget submitted by the town manager 
and make such recommendations relative thereto as they 
deem expedient and proper in the interests of the town. On 
or before the twentieth day of December of each year the 
selectmen shall transmit a copy of the budget together with 
their recommendations relative thereto to each member of 
the finance committee. 



FINANCE COMMITTEE. 

Section 36. Appointment of Finance Committee. — There 
shall be a finance committee consisting of nine registered 
voters of the town. No elective or appointive town officer or 
town employee shall be eligible to serve on said committee. 
The moderator elected under the provisions of this act in 
the year next following the acceptance thereof shall forth- 
with appoint three members of the finance committee for 
terms of one year, three members for terms of two years, 
and three members for terms of three years. At each annual 
meeting thereafter the moderator shall appoint three mem- 
bers of said committee for terms of three years. The terms 
of oflBce of said members shall commence immediately upon 
their quaJification and shall expire at the final adjournment 
of the annual town meeting at which their successors are 
appointed. Said committee shall choose its own officers and 
shall serve without pay. It shall cause to be kept a true 
record of its proceedings. Upon the appointment and quali- 
fication of a finance committee as provided herein the terms 
of office of all members of the then existing finance and ad- 
visory board shall terminate. 

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

Section 38. Consideration of Town Warrant. — All arti- 
cles in any warrant for a town meeting except articles pro- 
viding for election of town officers and except zoning articles 
shall be referred to the finance committee for its consider- 
ation. The selectmen after drawing any such warrant shall 
transmit immediately a copy thereof to each member of said 
committee. A pubhc hearing shall be held at least ten days 



50 Acts, 1951. — Chap. 50. 

before the annual town meeting upon all such articles in the 
warrant for such meeting and a notice of such hearing shall 
be given by posting a copy thereof in at least three public 
places in the town not less than three days before the time 
of holding such hearing. The finance committee may hold 
a public hearing on any or all articles in the warrant for a 
special town meeting. Notice of such hearing shall be given 
by posting a copy thereof in at least three public places in 
the town not less than three days before the time of holding 
such hearing. Said committee, after due consideration of the 
subject matter of such articles in any warrant, shall report 
thereon to the town meeting, in writing, such recommenda- 
tions as it deems best for the interests of the town and its 
citizens. The report of the finance committee on such arti- 
cles in the warrant for any annual meeting shall be filed with 
the town clerk not later than the fifteenth day of February 
and the town clerk shall forthwith cause said report to be 
printed and a copy thereof to be distributed prior to said 
meeting to each registered voter in the town. 

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

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

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

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

Section 43. Recall Petition, Preparation, Filing. — Any 
fifty registered voters of the town may file with the town 
clerk an affidavit containing the name of the officer sought 
to be recalled and a statement of the grounds for recall. The 
town clerk shall thereupon deliver to said voters making the 
affidavit copies of petition blanks demanding such recall, 
printed forms of which he shall keep available. The blanks 



Acts, 1951. — Chap. 50. 51 

shall be issued by the town clerk with his signature and official 
seal attached thereto. They shall be dated, shall be addressed 
to the selectmen, and shall contain the names of the fifty 
persons to whom they are issued, the name of the person 
whose recall is sought, the grounds of recall as stated in the 
affidavit, and shall demand the election of a successor in said 
office. A copy of the petition shall be entered in a record 
book to be kept in the office of the town clerk. The recall 
petition shall be returned and filed with the town clerk 
within twenty days after the filing of the affidavit, and shall 
have been signed by at least twenty per cent of the registered 
voters of the town, who shall add to their signatures the 
street and number, if any, of their residences. 

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

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

Section 45. Noynination of Candidates. — The question 
of recalling any number of officers may be submitted at the 
same election. But as to each officer whose recall is sought 
there shall be a separate ballot. The nomination of candi- 
dates to succeed an officer whose recall is sought, the pub- 
lication of the warrant for the recall election and the conduct 
of such election shall all be in accordance with the provisions 
of the General Laws applicable thereto. 

Section 46. Ballots. — Ballots used in a recall election 
shall submit the following propositions in the order indi- 
cated : — 

For the recall of (name of officer). 
Against the recall of (name of officer). 

Immediately at the right of each proposition there shall be 
a square in which the voter, by making a cross mark (X), 
may vote for either of the said propositions. Under the 
proposition shall appear the word "Candidates", the di- 
rections to voters required by the General Laws applicable 
thereto. 



52 Acts, 1951. — Chap. 50. 

Section 47. Election. — If a majority of the votes cast 
on the question of recalhng an officer shall be against his re- 
call, he shall continue in office but subject to recall as pro- 
vided in this act. If a majority of such votes be for the recall 
of the officer designated on the ballot, he shall, regardless of 
any defects in the recall petition be deemed removed from 
office. When an officer is recalled from office, the candidate 
to succeed the officer recalled shall be determined in ac- 
cordance with the provisions of General Laws applicable 
thereto. 

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

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

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

Section 51. Duties of Certain Town Officials relative to 
Election. — It shall be the duty of the selectmen and the 
town clerk in office and any other town official upon whom 
by reason of his office a duty devolves under the provisions 
of this act, when this act is accepted by the registered voters 
as herein provided, to comply with all the requirements of 
law relating to elections, to the end that all things may be 
done necessary for the nomination and election of the officers 
first to be elected under this act. 

Section 52. 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-one. 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 fifty-one entitled 
'An act establishing a Town Manager form of Government 
for the Town of Stoneham', be accepted?" If this act 
shall be accepted by a majority of the quahfied voters 
voting thereon at said election, it shall take effect forth- 
with, so far as it relates to the appointment and the powers 



Acts, 1951. — Chap. 50. 53 



and duties of the town manager, and the town manager 
shall be appointed forthwith by the selectmen who are 
elected at said election, and he shall exercise the powers and 
perform the duties vested in, and imposed upon, the town 
manager under the provisions of this act, except such 
powers and duties provided for therein as will conflict with 
the election of town officers at said election and the existing 
powers and duties of the town officers who are elected 
thereat, and, so far as it otherwise relates to the election 
of town officers and the government of the town, 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 ap- 
proval of the town manager. If this act is rejected by the 
qualified voters of the town of Stoneham when submitted 
to said voters under this section at the town election in the 
year nineteen hundred and fifty-one, it shall be submitted 
for acceptance in like manner to such voters at the annual 
town election in said toun in the year nineteen hundred 
and fifty-two, 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-three, and, if accepted by a 
majority of such voters voting thereon at either of said 
elections, 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. 

Section 53. By-Laws, Rules, etc. — All laws, by-laws, 
rules and regulations in force in the to\\Ti of Stoneham when 
this act takes effect, not inconsistent with its provisions, 
whether enacted by authority of the town or any other 
authority, shall continue in full force and effect until other- 
wise provided by law, by-law or vote; all other laws, by- 
laws, rules and regulations, so far as they refer to the town 
of Stoneham, are hereby repealed and annulled, but such 
repeal shall not revive any pre-existing enactment. 

Section 54. Revocation of Acceptance. — At any time 
after the expiration of three years from the date on which 
this act is accepted, and not less than sixty days before the 
date of an annual meeting, a petition, signed by not less 
than twenty per cent of the registered voters of the town, 
may be filed with the selectmen, requesting that the question 
of revoking the acceptance of this act be submitted to the 
voters. Thereupon the selectmen shall cause the question 
of revocation of the acceptance to be placed on the ballot at 
the next 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 



54 Acts, 1951. — Chap. 50. 

town of Stoneham of an act passed by the General Court in 
the year nineteen hundred and fifty-one, entitled 'An act 
establishing a Town Manager form of Government for the 
Town of Stoneham' be revoked?" If such revocation is 
favored by a majority of the voters voting thereon by ballot, 
the acceptance of this act shall be revoked and this act shall 
become null and void beginning with the annual town meet- 
ing next following such vote, which meeting shall be held 
at such time, in conformity with general law, as may be 
determined by vote of the town; provided, that all town 
officers holding office under this act shall continue to hold 
office until their successors have been duly qualified. At 
the first annual town election following such vote of revoca- 
tion the registered voters of the town shall elect by ballot 
all elective officers and boards whose election to office was 
required prior to the acceptance of this act and the terms 
of office shall be so arranged that there shall be elected an- 
nually thereafter such officers as were elected annually prior 
to the acceptance of this act. It shall be the duty of the 
selectmen and the town clerk in office and any other town 
official upon whom by reason of his office a duty devolves 
when this act is revoked, to comply with all the require- 
ments of this section relating to elections, to the end that 
all things may be done necessary for the nomination and 
election of the officers required to be elected following the 
revocation of this act. The said revocation shall not affect 
any contract then existing or any action at law or any suit 
in equity or any other proceedings then pending, with the 
exception of any contract made by the town with the town 
manager then in office, whose office shall be abolished im- 
mediately upon such vote, but who shall receive three 
months' compensation from such date following such revo- 
cation. The board of selectmen shall be charged with all the 
powers and duties of the town manager which duties and 
responsibilities may discharge by themselves or by a tem- 
porary town manager appointed by them. Any special 
laws relative to said town which are repealed by this act 
shall be revived by such revocation. Any by-law in force 
when said revocation takes effect, so far as consistent with 
the general laws respecting town government and town 
officers and with said special laws, shall not be affected 
thereby. 

Section 55. Chapter 273 of the acts of 1913 is hereby 
repealed. 

Section 56. Chapter 597 of the acts of 1949, as amended 
by chapter 213 of the acts of 1950, is hereby repealed. Not- 
withstanding the foregoing provisions of this act, this section 
shall take effect upon the passage of this act. 

Approved February 16, 1951. 



Acts, 1951. — Chaps. 51, 52. 55 



An Act relating to the election of trustees of the QJiqj)^ 51 
bedford free public library corporation and other 

MATTERS. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Bedford are 
authorized to elect four members of the board of trustees of 
the Bedford Free Public Library Corporation in such man- 
ner that at least one of said members shall be elected at each 
annual town meeting; and said members, together with the 
chairman of the board of selectmen, the chairman of the 
school committee, and the senior clergyman for the time 
being in each of the Congregational, Unitarian and Catholic 
churches in said town shall constitute the board of trustees 
of the Bedford Free Public Library Corporation with all 
powers appertaining thereto or to the trustees of a free public 
library. The election of any trustee of the free public li- 
brary at any town meeting held before the effective date of 
this act is hereby ratified and confirmed as the election of 
said trustee as a trustee of said corporation. The board of 
trustees of the Bedford Free Public Library Corporation is 
authorized to fill vacancies among the elected members of 
the board until the next ensuing annual town meeting. The 
board shall from its own number annually choose a president 
and secretary. The town treasurer shall act as treasurer of 
the Bedford Free Public Library Corporation without ad- 
ditional bond. 

Section 2. Any public building owned by said town may 
by vote of the town be turned over to the custody of the said 
corporation to be used as a free public library and the action 
of said town authorizing construction and custody of a public 
library building is hereby ratified and confirmed. 

Section 3. The trustees of the Bedford Free Public 
Library Corporation shall constitute the trustees of the town 
library within the meaning of any general or special statute 
or of any action at a town meeting. 

Section 4. This act shall take effect upon its passage. 
Approved February 16, 1951. 



An Act authorizing cities and towns to appropriate Chap. 52 

MONEY FOR ENTERTAINING AND PRESENTING SOUVENIRS 
TO PERSONS INDUCTED INTO THE ARMED FORCES OF THE 
UNITED STATES. 

Whereas, Certain cities and towns are desirous of immedi- Emergency 
ately making appropriations of public funds to be expended ^"^^"^ ^' 
for the public recognition and entertainment of their citi- 
zens now being inducted into the armed forces of the United 
States and the deferred operation of this act, which au- 
thorizes such appropriations, would in part defeat its pur- 
pose, therefore this act is hereby declared to be an emergency 



56 Acts, 1951. — Chap. 53. 

law, necessary for the immediate preservation of the pubHc 

convenience. 

Be it enacted, etc., as follows: 

While the United States is engaged in hostilities under the 
flag of the United Nations, or in a state of war arising out of 
and as the result of such hostilities, which hostilities, for the 
purpose of this act, shall be deemed to have begun on June 
twenty-fifth, nineteen hundred and fifty, a city or town may 
appropriate money for the purpose of providing for the en- 
tertainment of persons inducted into, or enlisting in, the 
armed forces of the United States, and presenting souvenirs 
to said persons, a sum not exceeding, in any one year, one 
two-hundredth of one per cent of the assessed valuation of 
the preceding year, but in no event more than ten thousand 
dollars. Approved February 16, 1951. 



Chap. 53 An Act increasing the amount of money which 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, 
as amended by section 1 of chapter 71 of the acts of 1950, 
is hereby further amended by striking out, in line 6, the word 
"eight" and inserting in place thereof the words: — one 
million one, — so as to read as follows: — Section 1. For the 
purpose of constructing and originally equipping and furnish- 
ing a school building, the town of West Bridgewater may 
borrow from time to time, within a period of five years 
from the effective date of this act, such sums of money as 
may be necessary, not exceeding, in the aggregate one 
million one 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 au- 
thorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in 
excess of the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first 
paragraph of section seven thereof. 

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

Section 3. This act shall take effect upon its passage. 
Approved February 16, 1951. 



Acts, 1951.— Chaps. 54, 55, 56. 57 



An Act relative to the powers of cities and towns Q]i(ir> 54 
, TO borrow within the debt limit. 

Be it enacted, etc., as follows: 

Section 7 of chapter 44 of the General Laws is hereby g. l. (Ter. 
amended by striking out the first paragraph, as amended by d;'c!! 'amended'^' 
section 3 of chapter 275 of the acts of 1948, and inserting in 
place thereof the following: — Cities and towns may incur Purposes for 
debt, within the limit of indebtedness prescribed in section rnrtowns^may 
ten, for the following purposes, and payable within the ^he^rbUiSit 
periods hereinafter specified, but, except for the purposes 
set forth in clause (11), no loan shall be authorized in any 
year under any one of the following clauses unless a sum 
equal to twenty-five cents, or in the case of Boston ten 
cents, on each one thousand dollars of the assessed valuation 
of the city or town for the preceding year, exclusive of the 
value of motor vehicles and trailers and the value of ships 
and vessels on which a vessel excise tax is based, has been 
appropriated from available revenue funds or voted to be 
raised by taxation for the purposes set forth in such clause 
in the year when the loan is authorized : 

Approved February 16, 1951. 

An Act relative to the names of private ways open Chap. 55 

TO PUBLIC TRAVEL IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

On and after March first, nineteen hundred and fifty- 
three, no private way within the limits of the city of Boston 
which is open to public travel shall be called by any name 
except such as shall, on or after July first, nineteen hundred 
and fifty-one, have been assigned to it by vote of the board 
of street commissioners of said city after a hearing upon a 
public notice stating the name proposed to be given. Such 
vote shall be published in such manner as said board shall 
direct, and shall be certified by the secretary of said board 
to the register of deeds for the county of Suffolk. 

Approved February 16, 1951. 

An Act relative to the destruction of certain records Chaj) 56 

BY city and town CLERKS. 

Be it enacted, etc., as follows: 

Chapter 66 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 8 the following section: — Section SA. §^8a, adder"^ 
Any provision of general or special law to the contrary not- Destruction of 
withstanding, the clerk of any city or town, with the written "Ttain records 
approval of the supervisor of records, may destroy any index town oLrks 
of instruments made by any clerk of such city or town pe^'tted, etc. 
under the provision of law now embodied in section fifteen 
of chapter forty-one or any original record made by Siny 
such clerk under any of the provisions of law now embodied 



58 Acts, 1951. — Chap. 57. 

in section eleven of chapter two hundred and nine, section 
three of chapter two hundred and fifty-five, or any similar 
statute; provided, that such index or record, as the case 
may be, has been, or shall have been, micro-photographed, 
and that twenty years has, or shall have, expired after the 
making of such index or record. The micro-photograph of 
any index or record so destroyed shall have the same force 
and effect as the original index or record from which such 
micro-photograph was made. 

Approved February 16, 1951. 



Chap. 57 An Act relative to the construction, maintenance 

AND OPERATION OF SEWER AND SEWAGE DISPOSAL SYSTEMS 
BY THE TOWN OF HULL. 

Be it enacted, etc., as follows: 

Section 1. Chapter 429 of the acts of 1922 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . The town of 
Hull, hereinafter called the town, may lay out, construct, 
maintain and operate a system or systems of 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 in said town as may 
be necessary, and for the purpose of providing better drain- 
age, may make, lay and maintain such sewers as it deems 
best; and, for the purposes aforesaid, the town may, within 
its limits, make and maintain sub-drains. 

Section 2, Section 6 of said chapter 429 is hereby 
amended by striking out, in line 4, the words ''one half" 
and inserting in place thereof the words : — two thirds, — 
and by striking out, in line 13, the word "six" and inserting 
in place thereof the word: — four, — so as to read as follows: 
— Section 6. The town shall by vote determine what pro- 
portion of the cost of said system or systems of sewerage and 
sewage disposal the town shall pay; provided, that it shall 
pay not less than one fourth nor more than two thirds of the 
whole cost. In providing for the payment of the remaining 
portion of the cost of said system or systems or for the use 
of said system or systems the town may avail itself of any 
or all of the methods permitted by general laws, and the 
provisions of said general laws relative to the assessment, 
apportionment, division, reassessment, abatement and col- 
lection of sewer assessments, to liens therefor and to interest 
thereon shall apply to assessments made under this act, ex- 
cept that interest shall be at the rate of four per cent per 
annum. At the same meeting at which it determines the 
proportion of the cost which is to be borne by the town, it 
may by vote determine by which of such methods the re- 
maining portion of said cost shall be provided for. The 
collector of taxes of said town shall certify the payment or 
payments of such assessments or apportionments thereof to 



Acts, 1951. — Chap. 57. 59 

the sewer commissioners, or to the selectmen acting as such, 
who shall preserve a record thereof. 

Section 3. Section 7 of said chapter 429 is hereby 
amended by striking out, in line 4, the words "one hundred" 
and inserting in place thereof the words : — two million nine 
hundred, — so as to read as follows : — Section 7. For the 
purpose of paying the necessary expenses and liabilities in- 
curred under this act, the town may borrow such sums as 
may be necessary, not exceeding, in the aggregate, two mil- 
lion nine hundred thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Hull Sewerage Loan, Act of 1922. Each authorized issue 
shall constitute a separate loan. Indebtedness incurred under 
this act shall be in excess of the statutory limit, but shall, 
except as provided herein, be subject to chapter forty-four 
of the Gen6ral Laws. 

Section 4. Said chapter 429 is hereby amended by strik- 
ing out section 8 and inserting in place thereof the following 
section: — Section 8. The receipts from sewer assessments 
and from payments made in lieu thereof shall be applied to 
the payment of charges and expenses incident to the main- 
tenance and operation of said system of sewerage and sew- 
age disposal, or to the extension thereof, to the payment of 
interest upon bonds or notes issued for sewer purposes or to 
the payment or redemption of such bonds or notes. 

Section 5. Said chapter 429 is hereby amended by strik- 
ing out section 9 and inserting in place thereof the following 
section : — Section 9. Said board of sewer commissioners 
may annually appoint a clerk, and may appoint a superin- 
tendent of sewers, who shall not be a member of the board. 
It may remove the clerk or superintendent at its pleasure, 
and define their duties. Said board may in its discretion 
prescribe for the users of said sewer system 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 towTi. 

Section 6. Said chapter 429 is hereby amended by strik- 
ing out section 11 and inserting in place thereof the following 
section: — Section 11. Said board may from time to time 
prescribe rules and regulations for the connection of estates 
and buildings with sewers, and for inspection of the materials, 
the construction, alteration and use of all connections and 
drains entering into such sewers, and may prescribe penalties, 
not exceeding twenty dollars, for each violation of any such 
rule or regulation. Such rules and regulations shall be pub- 
lished at least once a week for three successive weeks in some 
newspaper published in the town of Hull, if there be any, 
and if not, then in some newspaper published in the county 
of Plymouth, and shall not take effect until such publications 
have been made. 

Section 7. Said chapter 429 is hereby amended by strik- 
ing out section 12 and inserting in place thereof the follow- 
ing section: — Section 12. No act shall be done under au- 



60 Acts, 1951. — Chaps. 58, 59. 

thority of the preceding sections, except in the making of 
surveys and other preHminary investigations, until the plans 
for the said system of sewerage and sewage disposal have 
been approved by the 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 sys- 
tem of sewerage and sewage disposal shall be submitted for 
approval by the department of public health. 

Section 8. Said chapter 429 is hereby amended by strik- 
ing out section 13 and inserting in place thereof the following 
section: — Section 13. Until the board of sewer commis- 
sioners have been elected as provided in this act or the select- 
men have been authorized by vote to act as such board, the 
town may carry on the construction of the system of sewer- 
age and sewage disposal by a duly authorized committee of 
the town, but not later than the second annual meeting after 
the commencement of said work of construction. The com- 
mittee shall serve without pay and shall have all the powers 
and authority given to the board of sewer commissioners in 
this act or by general law. Whenever the phrase "board of 
sewer commissioners", or ''said board" herein occurs it shall 
mean and include the board of sewer commissioners, the 
selectmen acting as such, or the committee of the town herein 
provided, as the case may be. 

Approved February 16, 1951. 

Chap. 58 An Act relative to certain fees to be charged by city 

AND TOWN clerks. 

Be it enacted, etc., as follows. • 

Ed^'262^«34 Clause (56) of section 34 of chapter 262 of the General 
etc^.'ameAded. ' Laws, as most rcccutly amended by section 1 of chapter 550 
of the acts of 1948, is hereby further amended by striking 
out, in Hne 3, the words "one dollar" and inserting in place 
thereof the words : — three dollars, — so as to read as fol- 
lows : — 
f^ctoT'l Hen ^ ^'^^^ ^^^ ^^^ fiHug of uoticc of a licu, and discharge thereof 
under sections forty-two and forty-four of chapter two hun- 
dred and fifty-five, three dollars. 

Approved February 16, 1951. 

Chap. 59 An Act relative to the interim disposition of the pro- 
ceeds OF BONDS OR NOTES OF CITIES, TOWNS AND DIS- 
TRICTS, 

Be it enacted, etc., as follows. • 

Ed)' il*^"^! 55 Section 55 of chapter 44 of the General Laws, as amended 
etc!, 'amended.' by sectiou 1 of chapter 143 of the acts of 1948, is hereby 
^rocleds'^'from farther amended by adding at the end the following sentence : 
obligations of — A treasurer of a city, town or district may invest not more 
than eighty per cent of the proceeds from the issue of bonds 



Acts, 1951. — Chaps. 60, 61. 61 

and notes, exclusive of temporary notes issued in anticipa- cities and 
tion of revenue or of serial bond or note issues, prior to their regiJated. 
application to the payment of liabilities incurred for the 
purposes specified in the authorization of the loan, in cer- 
tificates of deposit in trust companies or national banks or 
in United States treasury bills. 

Approved February 16, 1951. 

An Act placing the office of janitor in the several Chap. 60 

PUBLIC SCHOOLS IN THE TOWN OF SOUTH HADLEY UNDER 
THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of janitor of the several public 
schools in the town of South Hadley shall, upon the effective 
date of this act, become subject to the civil service laws and 
rules, and the term of oflSce of any incumbent thereof shall 
be unlimited, except that he may be removed in accordance 
with such laws and rules; but any person holding said office 
on said effective date may continue therein; provided, that 
he passes a qualifying examination to be given by the division 
of civil service. 

Section 2. This act shall take effect upon its acceptance 
by vote of the inhabitants of said town at the annual town 
meeting to be held in the current year. 

Approved February 16, 1951. 

An Act authorizing the town of tewksbury to supply Chap. 61 

ITSELF AND ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as follows. • 

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

Section 2. For the purposes aforesaid, said town, acting 
by and through its board of water commissioners herein- 
after provided for, may contract with any other municipality, 
acting through its water department, or with any water 
company, or with any water district, for whatever water 
may be required, authority to furnish the same being hereby 
granted, and may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, pur- 
chase, 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 sup- 
ply, and the water rights connected with any such water 
sources; and also for said purposes may take by eminent 



62 Acts, 1951. — Chap. 61. 

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 collecting, 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 protecting and preserving 
the purity of the water shall be taken or used without first 
obtaining the advice and approval of the department of 
public health, and that the location and arrangement of all 
dams, reservoirs, wells or filter galleries, filtration and pump- 
ing plants or other works necessary in carrying out the pro- 
visions of this act shall be subject to the approval of said 
department; and for said purposes said town may acquire 
by lease, purchase, gift, bequest or otherwise any appliances, 
works, tools, machinery and other equipment that may be 
necessary or expedient in carrying out the provisions of this 
act. Said town may construct and maintain on the lands 
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, high- 
ways or other ways in such manner as to cause the least 
hindrance to public travel thereon; provided, that all things 
done upon any such way shall be subject to the direction of 
the selectmen of said town. Said town shall not enter upon, 
construct or lay any conduits, pipes or other works within 
the location of any railroad corporation except at such time 
and in such manner as it may agree upon with such cor- 
poration or, in case of failure so to agree, as may be approved 
by the department of public utilities. Said town may enter 
upon any lands for the purpose of making surveys, test pits 
and borings, and may take or otherwise acquire the right to 
occupy temporarily any lands necessary for the construction 
of any works or for any other purpose authorized by this act. 
Section 3. The land, water rights and other property 
taken or acquired under this act, and all works, buildings 
and other structures erected or constructed thereunder, shall 
be managed, improved and controlled by the board of water 



Acts, 1951. — Chap. 61. 63 

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 incurred 
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, one 
million one hundred thousand dollars, which shall bear on 
their face the words. Town of Tewksbury Water Loan, Act 
of 1951. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than thirty 
years from their dates. Indebtedness incurred under the 
provisions of this act shall be outside the debt limit as 
fixed for water supply loans by chapter forty-four of the 
General Laws, 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 ac- 
cordance w^ith the provisions of section five; and when a 
vote to that effect has been passed, a sum which, with the 
income derived from the water rates, will be sufficient to 
pay the annual expense of operating its water works or the 
purchasing of water and the maintenance of its pipe lines, 
as the case may be, and the interest as it accrues on the 
bonds or notes issued as aforesaid, and to make such pay- 
ments on the principal as may be required under the pro- 
visions 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 re- 
covered 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 imprison- 
ment for not more than one year, or both. 

Section 8. Said town shall, after its acceptance of this 
act, at the same meeting at which the act is accepted, or at 
a meeting thereafter called for the purpose, and without the 
necessity, in either case, of a prior caucus for the nomination 
of candidates, elect by ballot three persons to hold office, 



64 Acts, 1951. — Chap. 61. 

one until the expiration of three years, one until the ex- 
piration of two years, and one until the expiration of one year, 
from the next succeeding annual town meeting, to con- 
stitute a board of water commissioners; and at the annual 
town meeting held on the day on which the shortest of such 
terms expires, and at each annual town meeting thereafter, 
one such commissioner shall be elected by ballot for the term 
of three years. All the authority granted to the town by 
this act, except sections five and six, and not otherwise 
specially provided for, shall be vested in said board of water 
commissioners, who shall be subject, however, to such in- 
structions, rules and regulations as said town may impose 
by its vote. A majority of said commissioners shall con- 
stitute 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 pur- 
pose. Any such vacancy may be filled temporarily in the 
manner provided by section eleven of chapter forty-one of 
the General Laws, and the person so appointed shall perform 
the duties of the office until the next annual meeting of said 
town or until another person is qualified. 

Section 9. Said commissioners shall fix just and 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 this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as the water 
commissioners, with the approval of the town, may de- 
termine upon, and in case a surplus should remain after 
payment for such new construction the water rates shall be 
reduced proportionately. All authority vested in said com- 
missioners by the foregoing provisions of this section and by 
section three shall be subject to the provisions of section 
eight. Said commissioners shall annually, and as often as 
the town may require, render a report upon the condition 
of the works under their charge, and an account of their 
doings, including an account of the receipts and expendi- 
tures. 

Section 10. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Tewksbury 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 16, 1951. 



Acts, 1951. — Chaps. 62, 63. 65 



An Act providing tenure of office for the chief of (Jjidj) g2 

POLICE OF THE TOWN OF PEPPERELL. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Harold King, the in- 
cumbent of the office of chief of pohce of the town of Pepper- 
ell, shall be unlimited, but he may be removed therefrom, 
lowered in rank or compensation or transferred upon the 
revocation of the acceptance of this act in the manner pro- 
vided by section two thereof, or for cause after hearing in 
the manner provided by section forty-three of chapter thirty- 
one of the General Laws. 

Section 2. At any time after the expiration of one year 
from the date on which this act is accepted, and not less 
than sixty days before the date of an annual meeting, a peti- 
tion, signed by not less than ten per cent of the registered 
voters of the town, may be filed with the selectmen, request- 
ing that the question of revoking the acceptance of this act 
be submitted to the voters. Thereupon the selectmen shall 
cause the question of revocation of the acceptance to be 
placed on the ballot at the next annual election. At said 
election the vote shall be taken in answer to the following 
question which shall be printed on the official ballot: "Shall 
the acceptance by the town of Pepperell of an act passed by 
the General Court in the year nineteen hundred and fifty- 
one, entitled 'An Act providing tenure of office for the chief 
of police of the town of Pepperell' be revoked?" If such 
revocation is favored by a majority of the voters voting 
thereon by ballot, the acceptance of this act shall be revoked 
and this act shall become null and void beginning with the 
first day of the month next following such revocation. 

Section 3. This act shall be submitted to the voters of 
said town at the annual meeting in the year nineteen hun- 
dred and fifty-two in the form of the following question, 
which shall be placed upon the official ballot to be used for 
the election of town officers at said meeting: — "Shall an 
act passed by the general court in the year nineteen hun- 
dred and fifty-one, entitled ' An Act providing tenure of office 
for the chief of pohce of the town of Pepperell', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, then this act shall thereupon take 
full effect, but not otherwise. 

Approved February 16, 1951. 

An Act providing tenure of office for the chief of nfmr) A3 

POLICE IN the town OF GROTON. ^' 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Eliot P. Clark, the 
incumbent of the office of chief of police in the town of 
Groton, shall be unlimited, but he may be removed there- 
from, lowered in rank or compensation or transferred upon 



66 Acts, 1951.— Chap. 64. 

the revocation of the acceptance of this act in the manner 
provided by section two thereof, or for cause after hearing 
in the manner provided by section forty-three of chapter 
thirty-one of the General Laws. 

Section 2. At any time after the expiration of one year 
from the date on which this act is accepted, and not less than 
sixty days before the date of an annual meeting, a petition, 
signed by not less than ten per cent of the registered voters 
of the town, may be filed with the selectmen, requesting that 
the question of revoking the acceptance of this act be sub- 
mitted to the voters. Thereupon the selectmen shall cause 
the question of revocation of the acceptance to be placed on 
the ballot at the next annual election. At said election the 
vote shall be taken in answer to the following question which 
shall be printed on the official ballot: — "Shall the accept- 
ance by the town of Groton of an act passed by the General 
Court in the year nineteen hundred and fifty-one, entitled 
'An Act providing tenure of office for the chief of police in 
the town of Groton' be revoked?" If such revocation is 
favored by a majority of the voters voting thereon by ballot, 
the acceptance of this act shall be revoked and this act shall 
become null and void beginning with the first day of the 
month next following such revocation. 

Section 3. This act shall be submitted to the voters of 
said town at the annual meeting in the yesLV nineteen hun- 
dred and fifty-two in the form of the following question, 
which shall be placed upon the official ballot to be used for 
the election of town officers at said meeting: — "Shall an 
act passed by the general court in the year nineteen hundred 
and fifty-one, entitled 'An Act providing tenure of office for 
the chief of police in the town of Groton', 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 16, 1951. 



Chap. 64 An Act authorizing the town of Norton to take over 

THE properties AND ASSUME THE OBLIGATIONS OF THE 
NORTON FIRE DISTRICT. 

Be it enacted, etc., as follows. • 

Section 1. The town of Norton is hereby authorized to 
take over all the properties, rights, powers and privileges of 
the Norton Fire District, established by chapter four hun- 
dred and twenty-six of the acts of nineteen hundred and 
eleven, and to assume all the duties and obligations of said 
district, and shall thereby become in all respects the lawful 
successor to said district. 

Section 2. The provisions of this act shall not affect any 
act done, ratified or confirmed by said district or any of its 
officers prior to the effective date of this act, nor any right 
accrued or established, nor any action, suit or proceeding 
commenced or had in a civil case, nor shall it impair the 



Acts, 1951. — Chap. 65. 67 

validity of any of the notes, bonds or other obhgations of 
said district outstanding on said date. Any indebtedness in- 
curred by said district and outstanding at the time it is taken 
over by the town shall be assumed by the town. 

Section 3. The powers and duties vested in the board 
of water commissioners of said district shall be assumed and 
carried out by the board of water commissioners of the town 
of Norton. 

Section 4. This act shall take full effect on the thirtieth 
day following its acceptance, within two years after its pas- 
sage, by a majority of the voters of the Norton Fire District 
present and voting thereon at a meeting called for the pur- 
pose, and by a majority of the voters of the town of Norton 
present and voting at any town meeting. 

Approved February 16, 1951. 

An Act relative to the composition of representative Phnj) fif; 

TOWN meetings IN THE TOWN OF AMHERST. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 10 of the acts of 1936 is 
hereby amended by striking out the first sentence and insert- 
ing in place thereof the following sentence : — Other than 
the officers designated in section three and in the by-laws of 
the town as towTi meeting members at large, the representa- 
tive town meeting membership shall in each precinct con- 
sist of the largest number divisible by three which will admit 
of a representation thereof in the approximate proportion 
which the number of registered voters therein bears to the 
total number of registered voters in the town in accordance 
with the list of registered voters on the first day of January 
next preceding the election, and which will cause the total 
elected membership to be as nearly one hundred and eighty 
as may be. 

Section 2. Section 3 of said chapter 10 is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following sentence : — Any representative 
town meeting held under the provisions of this act, except 
as otherwise provided herein, shall be limited to the town 
meeting members elected under section two, together with 
the following town meeting members at large, namely: the 
moderator, the town clerk, the chairman of the board of 
selectmen, the chairman of the board of assessors, the chair- 
man of the board of water commissioners, the chairman of 
the board of health, the chairman of the school committee, 
the chairman of the board of public welfare, the chairman 
of the planning board, the chairman of the recreation com- 
mission, the chairman of the finance committee, and such 
other town meeting members at large as may be provided 
for by the by-laws of the town, and authority to adopt such 
by-laws is hereby conferred. 

Section 3. This act shall be submitted for acceptance 
to the registered voters in the town of Amherst at the annual 



68 Acts, 1951. — Chap. 66. 

town meeting in the year nineteen hundred and fifty-two in 
the form of the following question, which shall be placed 
on the official ballot to be used for the election of town officers 
at said meeting: — "Shall an act passed by the General 
Court in the year nineteen hundred and fifty-one, entitled 
'An Act relative to the composition of representative town 
meetings in the town of Amherst', be accepted?" If it is 
not accepted at said annual town meeting, it shall be again 
submitted for acceptance at the annual town meeting in the 
year nineteen hundred and fifty-three in the same manner. 
If it is not accepted at said annual town meeting in nineteen 
hundred and fifty-three it may again be submitted for ac- 
ceptance in hke manner from time to time to such voters at 
any annual town meeting, but not later than the year nine- 
teen hundred and fifty-five, upon petition signed by not less 
than two per cent of the total number of registered voters 
of said town and filed with the town clerk at least thirty 
days prior to such meeting. 

Section 4. Upon the acceptance of this act by a majority 
of the voters voting thereon at any town meeting as afore- 
said, it shall take effect for the purposes of the next annual 
town election in the town of Amherst, at which election one 
third of the representative town meeting membership to 
which each precinct shall be entitled hereunder shall be 
elected, the unexpired terms of office of all previously elected 
town meeting members shall continue until their expiration, 
and for the purpose of determining town meeting members 
at large and for all other purposes this act shall take effect 
upon the date of such election. 

Approved February 16, 1951. 



Chap. 66 An Act relative to the appropriation for federal 

AID HIGHWAY PROJECTS. 

Be it enacted, etc., as follows: 

Section 1. Item 2900-10 of section 2 of chapter 580 of 
the acts of 1950, as amended by Item 2900-10 of section 2 
of chapter 825 of the acts of said year, is hereby further 
amended by striking out the wording and inserting in place 
thereof the following words : — 

For projects for the construction and reconstruction of 
highways and bridges, including the elimination of grade 
crossings, which have been approved by the proper federal 
authorities to be included in federal aid programs, and for 
land damages in connection with such projects; provided, 
that any portion of the sum herein appropriated may also 
be used for said federal aid projects in conjunction with city 
or town funds; and, further provided, that amounts made 
available by this item in any fiscal year shall be available 
for expenditure in the succeeding fiscal year; and further 
provided that, of the total amounts made available in this 
item, eleven million dollars shall not be expended until after 



Acts, 1951. — Chaps. 67, 68. 69 

allocations of federal moneys for this purpose for the 1952 
fiscal year; and provided further that only that part of the 
eleven million dollars shall then become available for ex- 
penditure to equal the amount of such federal allocations 

12,000,000 00. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1951. 

ki^ Act providing for the granting of diplomas to QJidj^ q'j 

CERTAIN HIGH SCHOOL STUDENTS WHO ENTER THE ARMED 
SERVICES OF THE UNITED STATES. 

Whereas, The deferred operation of this act would tend ^^'^fpfbi""^ 
to defeat its purpose, which is to make available at once 
the rights granted thereby, therefore it is hereby declared 
to be an emergency law, necessary for the immediate pres- 
ervation of the public convenience. 

Be it enacted, etc., as follows. • 

Chapter 71 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 34B, inserted by chapter 547 of the f^siby^added. 
acts of 1943, the following section: — Section 34C. Not- High school 
withstanding any provision of law to the contrary, any cenaiTstu- 
person who enters the armed services of the United States f^e armed ^"**"^ 
during time of war or during a period of national emergency forces. 
by declaration of the president of the United States and was, 
as of the scholastic mid-year date of the same year, a student 
in good standing in the senior year in any public high school, 
shall be granted a diploma forthwith and shall for all pur- 
poses be considered to have completed his entire high school 
course. Approved February 21, 1951. 

An Act providing for the application of certain laws Qhav 68 

AFFECTING VETERANS AND THEIR ORGANIZATIONS TO THE 
AMERICAN VETERANS OF WORLD WAR II, AMVETS. 

Be it enacted, etc., as follows: 

Section 9 of chapter 5 of the General Laws, as most re- g. l. (Ter 
cently amended by section 1 of chapter 209 of the acts of ^ttj'amald'ed. 
1946, is hereby further amended by inserting after the word 
"League", in hne 6, the words: — , American Veterans of 
World War II, AMVETS, —and by inserting after the 
word "League", in line 26, the words: — , one copy of the 
volume relating to the American Veterans of World War II, 
AMVETS, to each post of the American Veterans of World 
War II, AMVETS, — so as to read as follows: — Section 9. p^^ftTnTand' 
The state secretary shall annually procure copies of the pro- dbtributfon of 
ceedings of the annual encampments of the departments of p?oieedhigs of 
Massachusetts, Grand Army of the Republic, United Span- ^^'^f^m^rs"^ 
ish War Veterans, The American Legion, Disabled American of ''c^rtain'war 
Veterans of the World War, Marine Corps League, American organizations 
Veterans of World War II, AMVETS and Veterans of 
Foreign Wars of the United States, held in that year, with 



70 Acts, 1951. — Chaps. 69, 70. 

the general and special orders, circulars and other papers 
forming parts thereof, and shall cause the same to be kept 
as parts of the records of the commonwealth. He shall an- 
nually cause copies thereof, including in the case of those 
relating to the Grand Army of the Republic the portraits of 
the department officers and staff and of the executive com- 
mittee of the national encampment, to be printed and bound; 
and shall cause one printed and bound copy of each to be 
sent to each town library in the commonwealth. He shall 
also send one copy of each volume relating to the Grand 
Army of the Republic to each Grand Army post, one copy 
of the volume relating to the United Spanish War Veterans 
to each camp of Spanish War Veterans, one copy of the 
volume relating to The American Legion to each post of 
The American Legion, one copy of the volume relating to 
the Disabled American Veterans of the World War to each 
chapter of the Disabled American Veterans of the World 
War, one copy of the volume relating to the Marine Corps 
League to each detachment of the Marine Corps League, 
one copy of the volume relating to the American Veterans 
of World War 11, AMVETS, to each post of the American 
Veterans of World War 11, AMVETS, and one copy of the 
volume relating to the Veterans of Foreign Wars to each 
post of the Veterans of Foreign Wars of the United States, 
in the commonwealth. He shall cause the other copies of 
each to be distributed in the same manner as the annual 
report of the state secretary. 

Approved February 21, 1951. 



Chap. 69 An Act to provide for the non-criminal disposition 

OF VIOLATIONS OF RULES, ORDINANCES, BY-LAWS AND 
THE LIKE REGULATING THE PARKING OF TRAILERS. 

Be it enacted, etc., as follows: 

Ed^M^^^^oA Section 20 A of chapter 90 of the General Laws is hereby 
amended. ' amended by adding at the end the following sentence : — 
In this section, the words "motor vehicle" shall, so far as 
apt, include trailer, semi-trailer and semi-trailer unit. 

Approved February 21, 1951. 



Chap. 70 An Act providing for a five day tour of duty and two 

CONSECUTIVE DAYS OFF FOR MEMBERS OF THE POLICE 
FORCE OF THE TOWN OF LYNNFIELD. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any general or special law, 
the service of all members of the police department in the 
town of Lynnfield shall be restricted to five eight-hour days 
in any one week, and said members shall be excused from 
duty for two consecutive twenty-four hour days immedi- 
ately following each five days' tour of duty. A member so 



Acts, 1951. — Chap. 71. 71 

excused shall be exempt from duty and from attendance 
at a police station or other place, but otherwise shall be 
subject to all laws, rules and regulations relating to members 
of the department. The chief of the police department or 
the board of selectmen of said town, in case of any public 
emergency, or of any unusual demand for the services of the 
police, may prevent any member of the department from 
taking the days off at the time when he is entitled thereto, 
provided that such da5^s off shall be granted to him as soon 
thereafter as is practicable. 

Section 2. This act shall be submitted to the registered 
voters of the town of Lynnfield for acceptance at the annual 
town election in the current year, in the form of the following 
question which shall be placed on the official ballot to be 
used in said town at said election: — "Shall an act passed by 
the general court in the year nineteen hundred and fifty-one, 
entitled 'An Act providing for a five day tour of duty and 
two consecutive days off for members of the police force of 
the town of Lynnfield', be accepted?" If a majority of 
votes in answer to said question is in the affirmative, then 
this act shall take full effect, but not otherwise. 

Approved February 21, 1951. 



An Act transferring certain park land from the (Jjidj) 71 

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 Carew 
street in the city of Springfield, hereinafter described by 
metes and bounds, is hereby transferred, free of all restric- 
tions, from the department of public parks of said city to 
said city of Springfield for the purpose of constructing 
thereon a school building. Said parcel of land is bounded 
and described as follows: Beginning at the point of inter- 
section of the northerl}'- line of Walsh street and the easterly 
line of Carew street; thence running along the easterly 
line of Carew street north 16° 41' 56" east a distance of 
three hundred ninety-six and thirty-nine one hundredths 
feet to a point in the rear line of lots facing on Notre Dame 
street; thence running along said rear line of lots facing on 
Notre Dame street north 78° 41' 56" east a distance of 
two hundred eighty-five feet; thence running south 
11° 18' 04" east a distance of one hundred eighty-three 
feet; thence running south 78° 41' 56" west a distance of 
one hundred thirty feet; thence running south 11° 18' 04" 
east a distance of eighty feet; thence running south 
49° 00' 26" west a distance of one hundred seventy-five 
and twenty-seven one hundredths feet to a point in the 
north line of Walsh street; thence running south 78° 41' 56" 
west on the northerly line of Walsh street, one hundred 
eighty-eight and fifty-three one hundredths feet to the 



72 Acts, 1951. — Chaps. 72, 73. 

point of beginning. Containing about two and three hundred 
eighty-seven one thousandths acres. 
Section 2. This act shall take effect upon its passage. 
Approved February 26, 1951. 

Chap. 72 ^N ^CT TRANSFEKRING 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 Parker 
street in the city of Springfield, hereinafter described by 
metes and bounds, is hereby transferred, free of all restric- 
tions, from the department of public parks of said city to 
said city of Springfield for the purpose of constructing 
thereon a fire station. Said parcel of land is bounded and 
described as follows: Beginning at a point in the easterly 
street line of Parker street, said point being south 22° 35' 30" 
east eighteen and twenty-five one hundredths feet from a 
point in the easterly street fine of Parker street, as laid out 
by the county commissioners on August 16, 1933, and the 
southwesterly corner of Old Acre road abandoned by order 
of the board of aldermen of the city of Springfield on May 3, 
1948; thence south 22° 35' 30" east along the southerly 
street line of Old Acre road abandoned, a distance of twenty- 
two and ninety-eight one hundredths feet to a point ; thence 
south 22° 43' 10" east along the southerly line of Old Acre 
road abandoned a distance of thirty and eighty-seven one 
hundredths feet to a point; thence south 24° 28' 10" east 
along the southerly street line of Old Acre road abandoned 
a distance of thirty and eighty-seven one hundredths feet 
to a point; thence south 24° 58' 00" east along the southerly 
street fine of Old Acre road abandoned a distance of twelve 
and seventy-eight one hundredths feet to a point; thence 
north 79° 21' 35" west along other land of the city of Spring- 
field park department, a distance of fifty-seven and five one 
hundredths feet to a point in the easterly street line of 
Parker street as laid out by the board of aldermen of the 
city of Springfield on May 3, 1948; thence by a curve to the 
left having a radius of nine hundred twenty-eight and seven 
hundred fifty-four one thousandths feet along the easterly 
street line of Parker street as laid out on May 3, 1948 an 
arc distance of eighty and sixty-seven one hundredths feet 
to the point of beginning, and containing two thousand 
two hundred eleven and sixty-four one hundredths square 
feet. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1951. 

Chap. 73 ^^ ^^'^ relative to the issuance of medical, surgical 

AND hospital EXPENSE INSURANCE. 

Emergency Whcrcas, The deferred operation of this act would tend 

pxeam e. ^^ defeat its purpose, which is to extend without delay the 



Acts, 1951. — Chaps. 74, 75. 73 

provisions of law relating to medical, surgical and hospital 
insurance protection for the members of an individual's 
family, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the pubhc 
convenience. 

Be it enacted, etc., as folloivs: 

Clause Sixth of section 47 of chapter 175 of the General Ed^i75%47 
Laws, as amended by chapter 436 of the acts of 1945, is etc!, amended. ' 
hereby further amended by inserting after the word "family", 
in the last line, the following : — , whether or not benefits 
to the individual himself are provided thereunder, — so 
that the last paragraph will read as follows : — 

A poUcy issued to an individual under subdivision (a) or Purposes of 
subdivision (d) may also insure such individual in respect to ""=°'"p°'"ation. 
medical, surgical and hospital expenses of members of his or 
her family, whether or not benefits to the individual himself 
are provided thereunder. Approved February 26, 1951. 

An Act relative to the use of land of a state or county Chap. 74 

FAIR, AGRICULTURAL AND HORTICULTURAL SOCIETY, GRANGE * 

OR 4-H CLUB FOR TRAILER COACH PARKING. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which in part is to exempt without delay P''*'*™bie. 
the lands referred to therein from the law regulating trailer 
coach parks, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
pubhc convenience. 

Be it enacted, etc., as folloivs: 

Section 32F of chapter 140 of the General Laws, as most ^j^IJq*""- 
recently amended by section 2 of chapter 802 of the acts § 32f, etc., 
of 1950, is hereby further amended by adding at the end '^'^^nded. 
thereof the following paragraph : — 

A lot or tract of land provided by a state or county fair, Certain land 
agricultural and horticultural society, grange or 4-H club deemed'a 
for the use of trailer coaches to accommodate personnel who trailer coach 
are to participate in any fair or exhibition conducted by '""^ " 
such organization, which fair or exhibition does not con- 
tinue for a period exceeding ten consecutive days, shall not 
be deemed a trailer coach park. 

Approved February 26, 1951. 

An Act changing the harbor line in boston harbor oii /^i yr 

THE southerly SIDE OF CHELSEA RIVER AT MERIDIAN ^'^^V- «^ 
STREET BRIDGE. 

Be it enacted, etc., as follows: 

Section 1, The harbor lines on the southerly side of 
Chelsea river are hereby changed and established as fol- 
lows : — The location of each of the angle points in the 
lines hereinafter described is fixed by a distance, herein- 



74 Acts, 1951. — Chap. 76. 

after called longitude, in feet, from a meridian passing 
through the center of the apex of the dome of the State 
House in Boston, and by a distance, hereinafter called 
latitude, in feet, from a hne at right angles to said meridian 
and passing through the said center of the apex of the State 
House dome, and the bearings refer to the true meridian 
passing through the center of said apex. 

Beginning at point B in the harbor line on the northerly 
side of East Boston, described in section two of chapter two 
hundred and four of the acts of eighteen hundred and forty- 
nine, located in latitude nine thousand five hundred forty- 
eight and thirty-eight hundredths feet north and longitude 
five thousand eight hundred seventy-four and eighty-two 
hundredths feet east; thence north sixty-one degrees five 
minutes forty-six seconds east, six hundred twenty-five and 
thirty-one hundredths feet to point C ^ in latitude nine 
thousand eight hundred fifty and sixty-two hundredths 
feet north and longitude six thousand four hundred twenty- 
two and twenty-four hundredths feet east; thence north 
seventy-eight degrees thirty-one minutes forty-six seconds 
east, five hundred feet to point D \ in latitude nine thousand 
nine hundred fifty and five hundredths feet north and 
longitude six thousand nine hundred twelve and twenty-five 
hundredths feet east; thence south eighty-five degrees fifty- 
six minutes thirty-eight seconds east, four hundred ninety- 
three and fifty-six hundredths feet to point E \ in latitude 
nine thousand nine hundred fifteen and fourteen hundredths 
feet north and longitude seven thousand four hundred four 
and fifty-seven hundredths feet east; thence south seventy- 
two degrees five minutes eleven seconds east, four hundred 
seventy-five feet to point E, in latitude nine thousand seven 
hundred sixty-nine and four hundredths feet north and 
longitude seven thousand eight hundred fifty-six and fifty- 
four hundredths feet east, said point E being a point in 
Chelsea river described in section two of chapter two hun- 
dred and four of the acts of eighteen hundred and forty-nine. 

Such portions of section two of chapter two hundred and 
four of the acts of eighteen hundred and forty-nine as define 
the hne from point B to point E are hereby repealed. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1951. 



Chap. 76 An Act providing for the registration of trust se- 
curities IN THE NAMES OF NOMINEES BY CERTAIN TRUSTEES 
APPOINTED BY THE PROBATE COURT. 

Be it enacted, etc., as follows: 

EdV iS'^s 54 Section 54 of chapter 167 of the General Laws, inserted by 
etc!, amended. ' chapter 428 of the acts of 1949, is hereby amended by in- 
serting after the word "commonwealth" in line 4 the words: 
— , and any resident of the commonwealth appointed a 
trustee by a probate court or who is required to file an ac- 



Acts, 1951. — Chap. 77. 75 

count in a probate court, — so as to read as follows : — 
Section 54- Any individual, partnership, association or cor- Registration 
poration authorized to do a banking business and to exercise secuHtLs by 
trust powers in the commonwealth, and any resident of the ^''trust'^°'°^ 
commonwealth appointed a trustee by a probate court or business. 
who is required to file an account in a probate court, may 
cause any stock or security held in a fiduciary capacity to be 
registered and held in the name of a partnership or corporate 
nominee residing or having a principal place of business 
within the commonwealth named by him or it, provided 
that every individual trustee of the same estate or trust con- 
sents thereto, and any fiduciary may deposit stocks or other 
securities held in a fiduciary capacity with one so exercising 
trust powers, with authority to register and hold the same in 
the name of a partnership or corporate nominee residing or 
having a principal place of business within the common- 
wealth. Such a depository shall not, without first causing 
the stock or security to be registered in the name of the de- 
positing fiduciary as such, redeliver the same to him, but 
this provision shall not apply to other transfers or to sales 
made by the depository pursuant to directions of the de- 
positing fiduciary, and the depository and his or its partner- 
ship or corporate nominee residing or having a principal place 
of business within the commonwealth shall be held to have 
discharged their responsibilities by accounting for or paying 
over the proceeds of any sale or transfer made as so directed. 
A fiduciary holding securities in the manner authorized by 
this section shall retain possession of said securities, shall 
maintain adequate records indicating the ownership thereof, 
shall segregate the same from his or its own assets, and shall 
be absolutely liable for any loss occasioned by the acts of a 
nominee. Approved February 26, 1951. 

An Act relative to the holding of office by assistant QJiq^y) 77 
assessors. ^" 

Be it enacted, etc., as follows: 

Section 25A of chapter 41 of the General Laws, as most Ed^'4i;^§25A, 
recently amended by chapter 151 of the acts of 1950, is etc!, 'amended.' 
hereby further amended by striking out the tliird sentence, 
as appearing in section 3 of chapter 129 of the acts of 1937, 
and inserting in place thereof the following sentence : — 
Every such assistant assessor shall hold office for the period ^ggg'gg^"^*^ 
of one year beginning October first following his appoint- term of * 
ment unless sooner removed; provided, that, in case the °®°''' 
assessors fail to appoint a successor to any such assistant 
assessor during the month of September preceding the ex- 
piration of his term, he shall continue to serve during the 
following period of one year unless sooner removed. 

Approved February 26, 1951. 



76 Acts, 1951. — Chaps. 78, 79. 



Chap. 78 An Act increasing the amount of wages and of pensions 

EXEMPT FROM ATTACHMENT. 

Be it enacted, etc., as follows : 
G-L.(Ter. Section 28 of chapter 246 of the General Laws, as most 

etc.. amended." recently amended by section 1 of chapter 264 of the acts 
of 1947, is hereby further amended by striking out, in lines 
3 and 10, the word " twenty- j&ve " and inserting in place 
thereof, in each instance, the word : — thirty. 

Approved February 26, 1951. 



Chap. 79 An Act changing the method of electing selectmen 

AND members of THE SCHOOL COMMITTEE UNDER THE 
TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF 
SAUGUS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 17 of the acts of 1947 is hereby 
amended by striking out section 2 and inserting in place 
thereof the following section : — Section 2. Election of Select- 
men. — At the town election in the year nineteen hundred 
and fifty-two, and at each biennial town election thereafter, 
the registered voters of the town shall elect five selectmen 
who shall hold office for a term of two years from the biennial 
town election at which they are elected. The selectmen 
elected hereunder shall serve until the qualifications of their 
successors. Upon the election and qualification of selectmen 
in the year nineteen hundred and fifty-two, the terms of 
office of the board of selectmen then existing shall terminate. 

Section 2. Said Chapter 17 is hereby further amended 
by striking out section 4 and inserting in place thereof the 
following section: — Section 4- Election of School Com- 
mittee. — At the nineteen hundred and fifty-two town elec- 
tion, and at each biennial town election thereafter, the regis- 
tered voters of the town shall elect five members of the 
school committee, who shall hold office for two years. Mem- 
bers of the school committee elected hereunder shall serve 
until the qualification of their successors. Upon the election 
and qualification of the members of the school committee in 
the year nineteen hundred and fifty-two, the terms of office 
of the members of the then existing committee shall ter- 
minate. 

Section 3. Said chapter 17 is hereby further amended 
by striking out section 45 and inserting in place thereof the 
following section : — Section 1^5. Nomination of Candidates. 
— The question of recalling any number of officers may be 
submitted at the same election. But as to each officer whose 
recall is sought there shall be a separate ballot. The nomi- 
nation of candidates to succeed an officer whose recall is 
sought, the publication of the warrant for the recall election, 
and the conduct of such election, shall all be in accordance 



Acts, 1951. — Chap. 80. 77 

with the provisions of the General Laws, with the exception 
of chapter fifty-four A. 

Section 4. Said chapter 17 is hereby further amended 
by striking out section 46 and inserting in place thereof the 
following section : — Section 1^6. Ballots. — Ballots used in 
a recall election shall submit the following propositions in 
the order indicated : — 

For the recall of (name of officer). 
Against the recall of (name of officer). 

Immediately at the right of each proposition there shall 
be a square in which the voter, by making a cross mark (X), 
may vote for either of the said propositions. 

Section 5. Said chapter 17 is hereby further amended 
by striking out section 47 and inserting in place thereof the 
following section: — Section ^7. Election. — If a majority 
of the votes cast on the question of recalling an officer shall 
be against his recall, he shall continue in office, but subject 
to recall as provided in this act. If a majority of such votes 
be for the recall of the officer designated on the ballot, he 
shall, regardless of any defects in the recall petition, be 
deemed removed from office, and his office deemed vacant. 

Section 6. This act shall be submitted for acceptance 
to the qualified voters of the town of Saugus, at a special 
town election to be called not later than November first in 
the current year. The vote shall be taken in precincts by 
ballot in accordance with the provisions of the General Laws, 
so far as the same shall be applicable, in answer to the ques- 
tion, which shall be placed upon the official ballot to be used 
at said election: — "Shall an act passed by the general court 
in the year nineteen hundred and fifty-one, entitled 'An Act 
changing the method of electing selectmen and members of 
the school committee under the town manager form of gov- 
ernment in the town of Saugus', be accepted by this town?" 
If a majority of the voters voting on this question shall vote 
in the affirmative, this act shall thereupon take full effect. 
If a majority of the voters voting on this question shall vote 
in the negative, this act shall thereupon become void. 

Approved February 26, 1951. 



An Act defining the term "estate" in certain pro- fhnj) en 
ceedings in the probate courts. ^ 

Be it enacted, etc., as follows: 

Section 39A of chapter 215 of the General Laws, inserted g. l. (Ter. 
by chapter 536 of the acts of 1947, is hereby amended by § sQA^ltc., 
adding at the end the following paragraph : — amended. 

For the purposes of this section, the term "estate" shall "Estate" 
be deemed to include trusts, guardianships, conservator- ^^"^^ " 
ships and all other relationships involving the administra- 
tion of property by fiduciaries. 

Approved February 26, 1961, 



78 Acts, 1951. — Chaps. 81, 82, 83. 



Chap. 81 An Act authorizing the city of Springfield to sell or 

OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN SAID 
CITY AND NOW HELD OR USED BY SAID CITY FOR PUBLIC 
PARK PURPOSES. 

Be it enacted, etc., as follows: 

The city of Springfield, by its board of park commis- 
sioners, may, by sale, exchange or otherwise, transfer and 
dispose of certain real property situated in said city and 
held or used by it for pubHc park purposes, said property 
being bounded and described as follows : — Beginning at a 
stone bound on the west side of Dwight Road Extension in 
the town of Longmeadow, said stone being the southeast 
corner of land owned by the park department of the city of 
Springfield; thence running north 76° 36' 00" west a distance 
of nine hundred forty-two and seventy-three one-hundredths 
feet along land of Vernon L. and Mabee R. Merriam to an 
iron pipe; thence running south 78° 06' 50" east a distance 
of five hundred sixty-seven and ninety-three one-hundredths 
feet along land owned by the city of Springfield; thence 
south 74° 18' 30" east a distance of three hundred seventy- 
five and thirty one-hundredths feet to the stone bound at 
the point of beginning, containing about seven thousand 
seventy square feet. Approved February 26, 1951. 

Chap. 82 An Act increasing the reimbursement of one county 

BY another for SERVICES RENDERED BY CERTAIN COURT 
STENOGRAPHERS. 

Be it enacted, etc., as follows: 

G.L.(Ter. Sectiou 90A of chapter 221 of the General Laws, as ap- 

' ' " ' pearing in the Tercentenary Edition, is hereby amended by 

striking out the last sentence and inserting in place thereof 

Pr'^rvicM^r*' *^® following : — At the conclusion of his assignment he 

c°rt''afnTo''urt^ shall scud a Statement of the dates when he rendered service 

stenographers. -^^ ^^^j^ couuty, attcstcd by the clerk of the court for such 

county, to the treasurer of such county and also to the 

treasurer of the county for which he is appointed, whereupon 

the county in which he rendered such service shall pay to 

the county for which he is appointed twenty dollars for each 

day's service so rendered. Approved February 26, 1951. 

Chap. 83 An Act relative to the disability or absence of tree 

WARDENS, HIGHWAY SURVEYORS OR ROAD COMMISSIONERS. 

Be it enacted, etc., as follows: 

Ed V' 4 1^1' 40 Section 40 of chapter 41 of the General Laws, as amended 

etc!, amended', by sectiou 3 of chaptcr 143 of the acts of 1937, is hereby 

further amended by inserting before the last sentence the 

Certain tern- following seuteucc : — If a tree warden, highway surveyor, 

porary officers ^ . . . i • i ^^ i 

in towns. Or Toad commissioner in a town having but one road 

commissioner, because of disability or absence, is unable to 



Acts, 1951. — Chaps. 84, 85, 86. 79 

perform his duties, the selectmen may, in hke manner, 
appoint a temporary officer to hold his office, who shall have 
like powers and duties until such tree warden, highway 
surveyor or road commissioner resumes his duties or his 
successor is elected or appointed, as the case may be. 

Approved February 26, 1951. 

An Act authorizing the city of boston to name the (JJiaj), 84 

PROPOSED NEW MERIDIAN STREET BRIDGE, CONNECTING 
EAST BOSTON AND CHELSEA, THE ANDREW P. McARDLE 
BRIDGE. 

Be it enacted, etc., asfolloivs: 

The city of Boston is hereby authorized to name the 
proposed new Meridian street bridge, connecting East 
Boston and Chelsea, the Andrew P. McArdle Bridge in 
memory of past state commander Andrew P. McArdle of 
The American Legion. Approved February 26, 1951. 

An Act requiring bonds to secure the levelling of (JJiQnj §5 

SITES OF demolished OR REMOVED BUILDINGS OR STRUC- 
TURES. 

Be it enacted, etc., as follows: 

The last paragraph of section 3 of chapter 143 of the Gen- g. l. (Ter. 
eral Laws, added by section 4 of chapter 156 of the acts of ^tll'ameAded. 
1949, is hereby amended by adding at the end the following: 
— Before the issue of any such license or permit, the appli- Bond shall be 
cant therefor shall file with such officer or board a bond Hi'^ue ''of "license. 
running to the city or town, with sureties satisfactory to such 
officer or board, in such penal sum as such officer or board 
shall determine to be twice the cost of levelling the lot as 
herein required, and conditioned upon such levelling within 
such time as such officer or board shall determine; provided, 
however, that no such bond shall be required where such 
filling and levelling is to be done by a city or town or any 
board or officer thereof or by any person acting for or under 
a contract with said city or town or a board or officer thereof. 
Approved February 26, 1951. 

An Act relative to the hours of duty of the perma- Chap. 86 

NENT members OF THE FIRE DEPARTMENT IN THE TOWN 
OF WAKEFIELD. 

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 Wakefield, 
upon acceptance of this act as hereinafter provided, shall be 
so estabhshed 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 conflagi-ations, shall not exceed fifty-six in 
number. 



80 



Acts, 1951. — Chaps. 87, 88. 



Section 2. Upon petition of not less than ten per cent of 
the registered voters in the town of Wakefield duly certified 
by the registrars of voters and filed with the state secretary 
not less than thirty days before any biennial state election, 
or filed with the town clerk not less than thirty days before 
any town election, the state secretary or the town clerk, as 
the case may be, shall cause to be printed upon the official 
ballot to be used in said town at such state election, or upon 
the ballot to be used for the election of town officers at such 
town election, as the case may be, the following question: — 
"Shall an act passed by the general court in the year nine- 
teen hundred and fifty-one, 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 cast in 
answer to said question at such election is in the affirmative, 
this act shall thereupon take full effect, but not otherwise. 
Approved February 26, 1951. 



Chap. 87 ^^ -^CIT REDUCING THE AGE REQUIREMENT FOR APPLICANTS 
FOR LICENSES BY THE BOARD OF REGISTRATION IN NURSING 
AS ATTENDANTS. 

Be it enacted, etc., as follows: 

Section 74A of chapter 112 of the General Laws, as appear- 
ing in section 3 of chapter 620 of the acts of 1941, is hereby 
amended by striking out, in line 6, the word "twenty" and 
inserting in place thereof the word: — nineteen, — so that 
the third sentence will read as follows: — An applicant who 
furnishes satisfactory proof that he is at least nineteen, of 
good moral character and a graduate of a school for attend- 
ants approved by the approving authority shall, upon pay- 
ment of five dollars, be examined by the board and, if found 
qualified, shall be licensed, with a right to use the title 
licensed attendant and to practice as such, and shall receive 
a certificate thereof from the board, signed by its chairman 
and secretary. Approved February 26, 1951. 



G. L. (Ter. 
Ed.), 112. 
§ 74A, etc., 
amended. 



Application, 
age, etc. 



Chap. 



An Act establishing a town manager form of govern- 
ment FOR the town of swampscott. 

Be it enacted, etc., as follows: 

Section 1, Acceptance of Act. — This act shall be sub- 
mitted to the quahfied voters of the town of Swampscott at 
its next annual town election. The vote shall be taken in 
precincts by ballot in accordance with provisions of chapter 
three hundred of the acts of nineteen hundred and twenty- 
seven, so far as same shall be applicable, in answer to the 
following question which shall be placed upon the official 
ballot to be used at such election: — "Shall an act passed 
by the General Court in the year nineteen hundred and 
fifty-one, entitled, 'An Act establishing a town manager form 
of government for the town of Swampscott' be accepted by 
this town?" 



Acts, 1951. — Chap. 88. 81 

If a majority of the voters voting on this question shall 
vote in the affirmative, this act shall take effect immediately 
in so far as it relates to the ensuing annual town election, 
and shall take full effect upon the qualification of a majority 
of the selectmen first elected as provided in this act. 

If this act is rejected by the qualified voters of the town 
of Swampscott when first submitted to said voters under this 
section, it shall be submitted for acceptance in Hke manner 
to such voters at the next annual town election in said town, 
and if it is not accepted at said annual election, it shall again 
be submitted for acceptance in Hke manner to such voters 
at the annual town election next following in said town, and, 
if accepted by a majority of such voters voting thereon at 
either of said elections, shall take effect as hereinbefore pro- 
vided. 

Upon acceptance of this act as hereinbefore provided, the 
annual town meeting of said town for the purpose of electing 
town officers and to take action on such matters as are by 
law to be determined by ballot, shall be held on the third 
Monday in March. All articles in the warrant to be decided 
otherwise than by ballot shall be considered at an adjourned 
town meeting to be held on the second Tuesday thereafter. 

All laws, by-laws, rules and regulations in force in the 
town of Swampscott when this act takes effect, not incon- 
sistent with its provisions, whether enacted by authority of 
the town or any other authority, shall continue in fuU force 
and effect until otherwise provided by law, by-law or vote; 
all other laws, by-laws, rules and regulations, so far as they 
refer to the town of Swampscott, are hereby repealed and 
armulled, but such repeal shall not revive any pre-existing 
enactment. 

Section 2. Election of Selectmen. — At the first annual 
town meeting following the acceptance of this act, the voters 
shall elect by ballot five selectmen of whom the first two in 
the order of votes received shall serve three years , the second 
two in such order shall serve two years, and the fifth in such 
order shall serve one year. At each annual election there- 
after there shall be elected in place of those selectmen whose 
terms are about to expire an equal number of selectmen, 
each to serve for three years. The selectmen shall serve 
until their successors are elected and quahfied. If for any 
reason a vacancy or vacancies shall occur in the membership 
of the selectmen, the remaining members shall call a special 
town election to fill the vacancy or vacancies for the unex- 
pired term or terms, except that if such vacancy or vacancies 
occur less than three months prior to the annual election, 
and not less than three selectmen remain in office, the va- 
cancy or vacancies shall remain until such annual election. 

Section 3. Appointive Powers of Selectmen. — The select- 
men shall appoint and may remove members of the board of 
appeals, registrars of voters except the town clerk, election 
oflBcers, constables, commissioners of trust funds, and special 
trustees. 



82 Acts, 1951. — Chap. 88. 

Section 4. Election of Other Officers. — The town shall 
continue to elect a moderator, a school committee, and town 
meeting members, and the terms of such offices so continued 
shall not be interrupted. 

Every other elective office, board or commission shall be 
terminated as hereinafter provided, any other provisions of 
the law notwithstanding. 

The term of office of any person elected to any office, 
board or commission existing at the time of the acceptance 
of this act and terminated under the provisions of this section 
shall continue through the next annual election following 
such acceptance, and until the next annual election there- 
after or until the appointment by the manager of some person 
or persons to such office, board or commission or elimination 
of such position, whichever occurs first. 

Section 5. Finance Committee. — A finance committee 
shall be appointed by the moderator as prescribed by sec- 
tion nine of chapter three hundred of the acts of nineteen 
hundred and twenty-seven, and shall have all the powers 
and duties as prescribed by said chapter. 

Section 6. Powers of School Committee. — Except as 
hereinafter provided, all the powers, rights, duties and lia- 
bilities now or hereafter conferred or imposed by law upon 
the school committee shall be exercised and performed by 
the school committee. 

Section 7. Multiple Officers. — Members of the board 
of selectmen, the school committee, or the finance committee 
shall, during the term for which they are elected or ap- 
pointed, be ineligible either by election or appointment to 
hold any town office other than town meeting member. 

Any person appointed by the town manager to any town 
office under the provisions of this act or of any general or 
special law shall be eligible during the term of said office for 
appointment to any other town office, except that the town 
accountant shall not be eligible to hold the position of town 
treasurer or town collector, and an assessor shall not hold 
the office of collector. The town manager, subject to any 
applicable provisions of the General Laws relating thereto, 
may assume the duties of any office which he is authorized 
to fill by appointment. 

Section 8. Investigations or Surveys. — For the purpose 
of making investigations or surveys, the selectmen, or the 
town manager may expend such sums for the employment 
of experts, counsel and other assistants, and for other ex- 
penses in connection therewith, as the town may appro- 
priate for such purpose. 

Section 9. Appointment of Town Manager. — The select- 
men elected as provided herein shall appoint, as soon as 
practicable, for a term of three years, a town manager who 
shall be a person especially fitted by education, training and 
experience to perform the duties of the office. The town 
manager shall be appointed without regard to his political 
beliefs. He need not be a resident of the town or of this 



Acts, 1951. — Chap. 88. 83 

commonwealth when appointed, and with the exception of 
the assistant manager, if any, shall not during the twelve 
months prior to his appointment have held any elective or 
appointive office in the town of Swampscott, but shall be a 
resident of the town during his term of office. He may be 
appointed for successive terms of office. Before entering 
upon the duties of his office he shall be sworn to the faithful 
and impartial performance thereof by the chairman of the 
selectmen, or by the town clerk, or by a justice of the peace. 
He shall execute a bond in favor of the town for the faithful 
performance of his duties in such sum and with such surety 
as may be fixed or approved by the selectmen. 

Section 10. Appointment of Temporary Manager. — 
Any vacancy in the office of town manager shall be filled as 
soon as possible by the selectmen. Pending the appointment 
of a town manager or the filling of any vacancy, the select- 
men may appoint a suitable person to perform the duties of 
the office. 

Section 11. Acting Manager. — The town manager may 
designate, by letter filed with the town clerk, a qualified 
ofiicer of the town to perform his duties during his temporary 
absence or disability. In the event of failure of the manager 
to make such designation the selectmen may, by resolution, 
designate an officer of the town to perform the duties of the 
manager until he shall return or his disability shall cease. 

Section 12. Removal of Manager. — The selectmen, by 
a vote of three members of the board, may remove the town 
manager. At least thirty days before such removal shall 
become effective, the selectmen shall file a preliminary 
written resolution with the town clerk setting forth in detail 
the specific reasons for his proposed removal, a copy of which 
resolution shall be delivered to the town manager. The 
manager may reply in writing to the resolution and may 
request a pubfic hearing. If the manager so requests, the 
board of selectmen shah hold a public hearing not earlier than 
twenty days nor later than thirty days after the fifing of such 
request. After such pubfic hearing, if any, otherwise at the 
expiration of thirty days following the fifing of the prelimi- 
nary resolution, and after full consideration, the selectmen 
by a vote of three or more members of the board may adopt 
a final resolution of removal. In the preliminary resolution, 
the selectmen may suspend the manager from duty, but 
shah in any case cause to be paid to him forthwith any un- 
paid balance of his salary and his salary for the next three cal- 
endar months following the filing of the preliminary resolution. 

Section 13. Compensation of the Manager. — The town 
manager shall receive such compensation for his services as 
the selectmen shall determine, but it shall not exceed the 
amount appropriated therefor by the town. 

Section 14. Powers and Duties of the Manager. — In 
addition to specific powers and duties provided in this act 
the town manager shall have the general powers and duties 
enumerated in this section : — 



84 Acts, 1951. — Chap. 88. 

(a) The tovm manager shall supervise and direct the ad- 
ministration of all departments, commissions, boards and 
ofl&ces, except the board of selectmen, the school committee, 
election officers, registrars of voters, commissioners of trusts, 
special trustees, moderator and finance committee. 

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

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

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

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

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

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

(h) The town manager shall have jurisdiction over the 
rental and use of all town property, except school property, 
and shall be responsible for the maintenance and repair of all 
town property, except school property. He shall be respon- 
sible for the preparation of plans and the supervision of work 
on existing buildings or on the construction of new build- 
ings, except as otherwise provided by vote of the town meeting. 

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



Acts, 1951. — Chap. 88. 85 

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

(/c) The town manager shall have authority to prosecute 
and defend and with approval of selectmen compromise all 
htigation to which the town is a party, and to employ special 
counsel to assist the town counsel whenever, in his judgment, 
it may be necessary. 

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

Section 15. Investigations by the Manager. — The town 
manager may vv^ithout notice cause the affairs of any division 
or department under his control or the conduct of any officer 
or employee thereof to be examined. The town manager 
shall have access to all town books and papers for informa- 
tion necessary for the proper performance of his duties. 

Section 16. Appointment of Planning Board. — The 
town manager shall appoint a planning board consisting of 
five members as herein provided which shall have all the 
powers and duties of planning boards established in accord- 
ance with sections eighty-one A to Y of chapter forty-one of 
the General Laws. When such board is first estabhshed its 
members shall be appointed for terms of such length and so 
arranged that the term of at least one member shall expire 
each year and his successor shall be appointed by the town 
manager for a term of five years. Any vacancy shall be filled 
for the unexpired term by the town manager. Upon the 
appointment and qualification of the members of the board, 
the term of office of members of the then existing planning 
board shall terminate. 

Section 17. Appointment of Board of Public Welfare. — 
The town manager shall appoint a board of public weffare 
to consist of three suitably qualified persons. One of said 
persons shall be appointed for a term of one year, one for a 
term of two years, and one for a term of three years; and 
annually thereafter there shall be appointed, by the town 
manager, a member for a term of three years in the place 
of the member whose term is to expire. The members shall 
serve until their successors are appointed and qualified. 
If for any reason a vacancy occurs in the membership of the 
board of public weKare, the vacancy shall be filled forthwith 
by the town manager for the unexpired term. Upon the 
appointment and qualification of the members of the board 
of public welfare as provided in this section the terms of 
office of the members of the then existing board of pubUc 
welfare of the town shall terminate. The board of pubhc 
welfare appointed hereunder shall organize for the proper 
conduct of their duties and shall possess all the powers and 
rights and be subject to all the duties and habilities conferred 
or imposed by law upon boards of public welfare of towns, 



86 Acts, 1951. — Chap. 88. 

but in the performance of their duties they shall be subject 
to the general supervision and direction of the town manager. 
They shall be sworn to the faithful performance of their 
duties by the town clerk or by a justice of the peace. 

Section 18. Appointment of Board of Health. — The 
town manager shall appoint a board of health to consist of 
three suitably qualified persons. One of said persons shall 
be appointed for a term of one year, one for a term of two 
years, and one for a term of three years; and annually 
thereafter there shall be appointed by the town manager a 
member for a term of three years in the place of the member 
whose term is to expire. The members shall serve until 
their successors are appointed and qualified. If for any 
reason a vacancy occurs in the membership of the board of 
health, the vacancy shall be filled forthwith by the town 
manager for the unexpired term. Upon the appointment 
and qualification of the members of the board of health 
as provided in this section, the terms of office of the mem- 
bers of the then existing board of health of the town shall 
terminate. The board of health appointed hereunder shall 
organize for the proper conduct of their duties and shall 
possess all the powers and rights and be subject to all the 
duties and Uabilities conferred or imposed by law upon 
boards of health of towns, but in the performance of their 
duties they shall be subject to the general supervision and 
direction of the town manager. They shall be sworn to the 
faithful performance of their duties by the town clerk or by 
a justice of the peace. 

Section 19. Appointment of Board of Park Commissioners. 
— The town manager may appoint a board of park com- 
missioners to consist of three suitably qualified persons. 
One of said persons shall be appointed for a term of one 
year, one for a term of two years, and one for a term of three 
years; and annually thereafter there shall be appointed by 
the town manager, a member for a term of three years in 
the place of the member whose term is to expire. Members 
shall serve until their successors are appointed and qualified. 
If for any reason a vacancy occurs in the membership of 
the board, the vacancy shall be filled forthwith by the town 
manager for the unexpired term. Upon the appointment 
and qualification of the members of the board as provided 
in this section, the terms of office of the members of the then 
existing board shall terminate. The board appointed here- 
under shall organize for the proper conduct of their duties 
and shall possess all the powers and rights and be subject 
to all the duties and habilities conferred or imposed by 
chapter five of the acts of nineteen hundred and thirty-nine, 
but in the performance of their duties they shall be subject 
to the general supervision and direction of the town manager. 
They shall be sworn to the faithful performance of their 
duties by the town clerk or by a justice of the peace. 

Section 20. Appointment of Board of Library Trustees. — 
The town manager shall appoint a board of Hbrary trustees 



Acts, 1951. — Chap. 88. 87 

to consist of three suitably qualified persons. One of said 
persons shall be appointed for a term of one year, one for a 
term of two years, one for a term of three years; and annually 
thereafter there shall be appointed by the town manager a 
member for a term of three years in the place of the mem- 
ber whose term is to expire. The members shall serve until 
their successors are appointed and qualified. If for any 
reason a vacancy occurs in the membership of the board, 
the vacancy shall be filled forthwith by the town manager 
for the unexpired term. Upon the appointment and qualifi- 
cation of the members of the board as provided in this sec- 
tion, the terms of office of the then existing board shall 
terminate. The board appointed hereunder shall organize 
for the proper conduct of their duties and shall possess all 
the powers and rights and be subject to the duties and 
liabilities conferred or imposed by law upon boards of library 
trustees of towns, but in the performance of their duties 
they shall be subject to the general supervision and direction 
of the town manager. They shall be sworn to the faithful 
performance of their duties by the town clerk or a justice 
of the peace. 

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

Section 22. Appointment of Board of Water and Sewer 
Commissioners. — The town manager shall appoint a board 
of water and sewer commissioners to consist of three suitably 
qualified persons. One of said persons shall be appointed 
for a term of one year, one for a term of two years, and one 
for a term of three years; and annually thereafter there 
shall be appointed by the town manager, a member for a 
term of three years in the place of the member whose term 



88 Acts, 1951. — Chap. 88. 



is to expire. The members shall serve until their successors 
are appointed and qualified. If for any reason a vacancy- 
occurs in the membership, the vacancy shall be filled forth- 
with by the town manager for the unexpired term. Upon 
the appointment and qualification of water and sewer com- 
missioners as provided in this section, the terms of office of 
the members of the commission then in office shall terminate. 
The commissioners appointed hereunder shall organize for 
the proper conduct of their duties and shall possess all the 
powers and rights and be subject to all the duties and lia- 
bilities conferred or imposed upon the water and sewer 
commissioners by law, but in the performance of their 
duties they shall be subject to the general supervision and 
direction of the town manager. They shall be sworn to the 
faithful performance of their duties by the town clerk or by 
a justice of the peace. 

Section 23. Town Clerk. — The town manager shall 
appoint a suitably qualified person to the office of town clerk. 
The existing elective office of town clerk shall be continued 
until the person appointed to said office of town clerk shall 
have qualified, at which time the elective office of town clerk 
shall terminate. The town clerk shall have the powers, 
perform the duties and be subject to the liabilities and 
penalties now or hereafter conferred or imposed by law upon 
town clerks. He shall be sworn to the faithful performance 
of his duties by the chairman of the board of selectmen or 
by a justice of the peace. The town clerk shall be subject 
to the general supervision and direction of the town manager 
in the performance of his duties. 

Section 24. Town Treasurer. — The town manager 
shall appoint a suitably qualified person to the office of 
town treasurer. The existing elective office of town treas- 
urer shall be continued until the person appointed to said 
office of town treasurer shall have qualified, at which time 
the elective office of town treasurer shall terminate. The 
town treasurer shall have the powers, perform the duties, and 
be subject to the liabilities and penalties now or hereafter 
conferred or imposed by law upon town treasurers but in 
the conduct of his office shall be subject to the supervision 
and direction of the town manager. The town treasurer 
shall be sworn to the faithful performance of his duties by 
the town clerk or by a justice of the peace. 

Section 25. Town Collector. — The town manager shall 
appoint a suitably qualified person to the office of town 
collector. The existing elective office of town collector shall 
be continued until the person appointed to said office of 
town collector shall have qualified, at which time the elective 
oflfice of town collector shall terminate. The collector shall 
have the powers, perform the duties, and be subject to the 
liabilities and penalties now or hereafter conferred or im- 
posed by law upon town collectors except that in the per- 
formance of his duties he shall be subject to the general 
supervision and direction of the town manager. The town 



Acts, 1951. — Chap. 88. 89 

collector shall be sworn to the faithful performance of his 
duties by the town clerk or by a justice of the peace. 

Section 26. Town Accountant. — The town manager 
shall appoint a suitably qualified person to the office of town 
accountant. The town accountant in office when this act 
becomes effective shall continue in office, but otherwise 
subject to removal by the town manager as provided herein. 
Except as otherwise provided in this act, the town accountant 
shall have the powers, perform the duties, and be subject 
to the liabilities and penalties now or hereafter conferred or 
imposed by law upon town accountants but in the per- 
formance of his duties he shall be subject to the general 
supervision and direction of the town manager. The town 
accountant shall be sworn to the faithful performance of his 
duties by the town clerk or by a justice of the peace. 

LEGAL AFFAIRS. 

Section 27. Appointment of Town Counsel. — The town 
manager shall annually appoint an attorney-at-law to act as 
town counsel, who shall draft all bonds, deeds, leases, obli- 
gations, conveyances and other legal instruments and shall 
perform such other legal services as may be requested of him, 
by vote of the town, by the town manager, or any board of 
town officers. Also, when so requested he shall furnish a 
written opinion on any question that may be submitted to 
him, and he shall at all times upon request of the town 
manager furnish legal advice to any officer of the town 
who may require his advice upon any subject concerning 
the duties of such officer. He shall prosecute all suits or 
other legal proceedings ordered to be brought by the town 
or by the board of selectmen, and shall appear before the 
courts of the commonwealth in defense of all actions or suits 
brought against the town or its officers in their official 
capacity, and shall try and argue any and all causes in which 
the town shall be a party or before any board of referees or 
commission and shall appear at any and all hearings on 
behalf of the iovm. whenever his services may be required. 

FISCAL AFFAIRS. 

Section 28. Approval oj Warrants. — The town manager 
shall be the chief fiscal officer of the town. Warrants for the 
payment of tOA\Ti funds prepared by the town accountant 
in accordance with the provisions of section fifty-six of 
chapter forty-one of the General Laws shall be submitted to 
the town manager. The approval of any such warrant by 
the town manager shall be sufficient authority to authorize 
payment by the town treasurer, but the selectmen shall 
approve all warrants in the event of the absence of the town 
manager or a vacancy in the office of town manager. 

Section 29. Investigation of Claims. — Whenever any 
pay roll, bill or other claim against the town is presented to 
the town manager he shall, if the same seems to him to be 



90 Acts, 1951. — Chap. 88. 

of doubtful validity, excessive in amount, or otherwise con- 
trary to the interests of the town, refer it to the selectmen, 
who shall immediately investigate the facts and determine 
what, if any, payment should be made. Pending such 
investigation and determination by the selectmen, payment 
shall be withheld. 

Section 30. Receipts Paid to the Treasury. — Every of- 
ficer shall pay into the treasury of the town all amounts 
received by him on behalf of the town, and shall make a true 
return thereof to the town accountant stating the accounts 
upon which such amounts were received. 

Section 31. Fees Paid to Treasury. — The aggregate 
annual compensation of each town employee appointed by 
the manager shall be limited to the amount established in 
accordance with the provisions of this act and all fees 
received in accordance with the provisions of any general 
or special law shall be paid into the treasury of the town. 

Section 32. Certain Officers not to make Contracts with 
the Town. — It shall be unlawful for any selectman, the 
town manager, or any other elective or appointive official 
of the town, directly or indirectly, to make a contract with 
the town, or to receive any commission, discount, bonus, 
gift, contribution or reward from, or any share in the profits 
of, any person or corporation making or performing such a 
contract, unless the official concerned, immediately upon 
learning of the existence of such contract, or that such a 
contract is proposed, shall notify the selectmen in writing 
of the contract and of the nature of his interest therein and 
shall abstain from doing any official act on behalf of the 
town in reference thereto. In case such interest exists on 
the part of an officer whose duty it is to make such a con- 
tract on behalf of the town, the contract may be made by 
another officer of the town duly authorized thereto by vote 
of the selectmen. Violation of any provision of this section 
shall render the contract in respect to which such violation 
occurs voidable at the option of the town. Any person 
violating anj^ provision of this section shall be punished by 
a fine of not more than one thousand dollars, or by imprison- 
ment for not more than one year, or by both such fine and 
imprisonment. 

Section 33. Estimates of Expenditures. — All boards, 
officers and committees of the town shall annually, at the 
request of the town manager, submit to him in writing a 
detailed estimate of the appropriations required for the effi- 
cient and proper conduct of their respective departments and 
offices during the next fiscal year. 

On or before the twentieth day of January of each year, 
the town manager shall submit to each member of the finance 
committee a copy of his annual budget, which shall contain 
a careful, detailed estimate of the probable expenditures 
of the town for the ensuing fiscal year, including a statement 
of the amounts required to meet the interest and maturing 
bonds and notes or other indebtedness of the town, and 



Acts, 1951. — Chap. 88. 91 

showing specifically the amount necessary to be provided for 
each office, department and activity, together with a state- 
ment of the expenditures for the same purpose in the two 
preceding years. 

He shall also submit a statement showing all revenues 
received by the town in the two preceding years, together 
with an estimate of the receipts for the current year. 

He shall also report to said committee the probable 
amount required to be raised by taxation to defray all of 
the proposed expenditures of the town, together with an 
estimate of the tax rate necessary therefor. 

Section 34. Existing Contracts and Proceedings. — No 
contract existing and no action at law or suit in equity or 
other proceeding pending at the time this act is accepted 
or at the time of revocation of such acceptance shall be 
affected by such acceptance or revocation. 

Section 35, Holder of an Elective Office may he Recalled. 
— Any holder of an elective office may be recalled therefrom 
by the registered voters of the town, as herein provided. 

Section 36. Recall Petition, Preparation, Filing. — Any 
one hundred registered voters of the town may file with the 
town clerk an affidavit containing the name of the officer 
sought to be recalled and a statement on the grounds for 
recall. The town clerk shall thereupon deliver to said voters 
making the affidavit copies of petition blanks demanding 
such recall, printed forms of which he shall keep available. 
The blanks shall be issued by the town clerk with his signa- 
ture and official seal attached thereto. They shall be dated, 
shall be addressed to the selectmen, and shall contain the 
names of the one hundred persons to whom they are issued, 
the name of the person whose recall is sought, the grounds 
of the recall as stated in the affidavit, and shall demand the 
election of a successor in the said office. A copy of the peti- 
tion shall be entered in a record book to be kept in the office 
of the town clerk. The recall petition shall be returned and 
filed with the town clerk within twenty days after the filing 
of the affidavit, and shall have been signed by at least twenty 
per cent of the registered voters of the town, who shall add 
to their signatures the street and number, if any, of their 
residence. The town clerk shall submit the petition to the 
registrars of voters of the town, and the registrars shall forth- 
with certify thereon the number of signatures which are 
names of registered voters of the town. 

Section 37. Removal and Election. — If the petition shall 
be found and certified by the town clerk to be sufficient, he 
shall submit the same with his certificate to the selectmen 
without delaj^, and the selectmen shall forthwith give written 
notice of the receipt of the certificate to the officer sought to 
be recalled, and shall, if the officer does not resign within 
five days thereafter, thereupon order an election to be held 
on a Tuesday fixed by them not less than twenty-five nor 
more than thirty-five days after the date of the town clerk's 
certificate that a sufficient petition is filed; provided, how- 



92 Acts, 1951. — Chap. 88. 

ever, that if any other town election is to occur within sixty- 
days after the date of the certificate, the selectmen shall 
postpone the date of the recall election to the date of such 
other election. If a vacancy occurs in said office after a 
recall election has been ordered, the election shall neverthe- 
less proceed as provided in this act. 

Section 38. Nomination of Candidates. — The question 
of recalling any number of officers may be submitted at the 
same election, but as to each officer whose recall is sought 
there shall be a separate ballot. The nomination of candi- 
dates to succeed an officer whose recall is sought, the publi- 
cation of the warrant for the recall election, and the conduct 
of such election shall all be in accordance with the provisions 
of the General Laws applicable thereto. 

Section 39. Ballots. — Ballots used in a recall election 
shall submit the following propositions in the order indicated : 

For the recall of (name of officer). 
Against the recall of (name of officer). 

Immediately at the right of each proposition there shall 
be a square in which the voter, by making a cross mark (X) 
may vote for either of the said propositions. Under the prop- 
osition shall appear the word "Candidates", the directions 
to voters required by the General Laws applicable thereto, 
and beneath this the names of candidates nominated as here- 
inbefore provided. 

Section 40. Election. — If the majority of the votes cast 
on the question of recalling an officer shall be against his 
recall, he shall continue in office, but subject to recall as 
provided in this act. If a majority of such votes be for the 
recall of the officer designated on the ballot, he shall, regard- 
less of any defects in the recall petition, be deemed removed 
from office. When an officer is recalled from office, the 
candidate to succeed the officer recalled shall be determined 
in accordance with the provisions of the General Laws appli- 
cable thereto. 

Section 41. Election in the Event of Resignation. — If an 
office in regard to which a sufficient recall petition is filed 
becomes vacant before the ballots are printed, the election 
shall be held as hereinbefore provided, except that the title 
of the ballot shall be "Town Election", that the propositions 
in regard to the recall shall be omitted from the ballot, and 
that above the names of the candidates there shall appear 
on the ballot the words "Candidates to succeed (name of 
officer) resigned" (if he resigned his office). 

Section 42. Subsequent Recall. — No recall petition shall 
be filed against an officer within three months after he takes 
office, nor in the case of an officer subjected to a recall elec- 
tion and not recalled thereby, until at least three months 
after the election at which his recall was submitted to the 
voters of the town. 

Section 43. Person Recalled not to he Appointed to any 
Toivn Office within Two Years. — No person who has been 



Acts, 1951. — Chap. 88. 93 

recalled from an office or who has resigned from office while 
recall proceedings were pending against him, shall be ap- 
pointed to any town office within two years after such recall 
or such resignation. 

Section 44. Duties of Certain Toion Officials Relative to 
Election. — It shall be the duty of the selectmen and town 
clerk in office and any other town official upon whom by 
reason of his office a duty devolves under the provisions of 
this act, when this act is accepted by the registered voters 
as herein provided, to comply with all the requirements of 
law relating to elections, to the end that all things may be 
done necessary for the nomination and election of the officers 
first to be elected under this act. 

Section 45. Revocation of Acceptance. — At any time 
after the expiration of three years from the date on which 
this act is accepted and not less than sixty days before the 
date of an annual meeting, a petition, signed by not less than 
twenty per cent of the registered voters of the town, may be 
filed with the selectmen, requesting that the question of re- 
voking the acceptance of this act be submitted to the voters. 
Thereupon, the selectmen shall cause the question of revoca- 
tion of the acceptance to be placed on the ballot at the next 
annual election. At said election the vote shall be taken in 
answer to the following question which shall be printed on 
the official ballot: "Shall the acceptance by the town of 
Swampscott of an Act passed by the General Court in the 
year nineteen hundred and fifty-one entitled ' An Act Estab- 
lishing a Town Manager Form of Government for the Town 
of Swampscott' be revoked?" If such revocation is favored 
by a majority of the voters voting thereon by ballot, the 
acceptance of this act shall be revoked and this act shall be- 
come null and void beginning with the annual town meeting 
next following such vote, which meeting shall be held at 
such time, in conformity with general law, as may be de- 
termined by vote of the town ; provided that all town officers 
holding office under this act shall continue to hold office until 
their successors have been duly qualified. At the first annual 
town election following such vote of revocation the registered 
voters of the towTi shall elect by ballot all elective officers 
and boards whose election to office was required prior to the 
acceptance of this act and the terms of office shall be so 
arranged that there shall be elected annually thereafter such 
officers as were elected annually prior to the acceptance of 
this act. It shall be the duty of the selectmen and the town 
clerk in office and any other town official upon whom by 
reason of his office a duty devolves when this act is revoked, 
to comply with all the requirements of this section relating 
to elections, to the end that all things may be done necessary 
for the nomination and election of the officers required to be 
elected following revocation of this act. The said revocation 
shall not affect any contract then existing or any action at 
law or any suit in equity or any other proceedings then pend- 
ing, with the exception of any contract made by the town 



94 Acts, 1951. — Chaps. 89, 90. 

with the town manager then in office, whose office shall be 
abolished immediately upon such vote, but who shall receive 
three months' compensation from such date following such 
revocation. The board of selectmen shall be charged with all 
the powers and duties of the town manager which duties and 
responsibilities they may discharge by themselves or by a 
temporary town manager appointed by them. Any special 
laws relative to said town which are repealed by this act 
shall be revived by such revocation. Any by-laws in force 
when said revocation takes effect, so far as consistent with 
the general laws respecting town government and town offi- 
cers and the said special laws, shall not be affected thereby. 
If such revocation is not favored by a majority of the voters 
voting thereon, any subsequent vote to revoke the accept- 
ance of this chapter will not be taken more often than once 
in every three years thereafter. 

Approved February 26, 1951. 



Chap. 89 -^N Act re-defining the word ''repairman" as used in 

THE MOTOR VEHICLE LAWS. 

Be it enacted, etc., as follows: 

Ed^' ^^'"^' Section 1 of chapter 90 of the General Laws, as amended, 

90,§'i, etc.. is hereby further amended by striking out the definition of 
amended. "Repairman", as appearing in section 4 of chapter 511 of 

the acts of 1948, and inserting in place thereof the follow- 
ing:— 
" R^P'^i'"raa" " "Repairman", any person who is engaged in the business 
of repairing, altering, equipping or towing motor vehicles for 
the public. Approved February 26, 1951. 



Chap. 90 An Act authorizing the employment of john h. manley 

AS A permanent PATROLMAN OF THE POLICE DEPARTMENT 
OF THE TOWN OF ABINGTON. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any special or general law 
to the contrary, John H. Manley shall, without examination, 
be re-employed in the position of permanent full time patrol- 
man of the police department of the town of Abington and 
for retirement purposes only he shall be deemed to have been 
re-employed as of November eighteenth, nineteen hundred 
and fifty. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority vote of the town meeting members at a 
regular or special town meeting during the current year, but 
not otherwise. Approved February 26, 1951. 



Acts, 1951. — Chaps. 91, 92. 95 



An Act to permit the town of DEDHAM to borrow money (Jhnr) Q1 
TO PAY A judgment. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Dedham may borrow a sum 
not exceeding sixty thousand dollars for the purpose of 
satisfying a final judgment for land taking obtained by 
Highland Sand & Gravel Company, Inc., in the Norfolk 
county superior court, and may issue bonds or notes therefor 
which shall bear on their face the words, To-rti of Dedham 
Judgment Loan, Act of 1951. Such loan shall be payable 
in not more than five years from the date of issue. Indebted- 
ness incurred under this act shall be within 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 March 1, 1951. 

An Act authorizing the town of amesbury to borrow Chav 92 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 122 of the acts of 1950 
is hereby amended by striking out, in lines 1 to 3, inclusive, 
the words "an addition to an existing high school building 
and originally equipping and furnishing said addition" and 
inserting in place thereof the words: — a consolidated ele- 
mentary and junior high school building and originally 
equipping and furnishing the same, — so as to read as 
follows: — Section 1. For the purpose of constructing a 
consolidated elementary and junior high school building and 
originally equipping and furnishing the same, the town of 
Amesbury may borrow, from time to time, within a period of 
five years from the passage of this act, such sums as may be 
necessary, not exceeding in the aggregate three hundred 
thousand dollars, and may issue bonds or notes of the town 
therefor, which shall bear on their face the words, Amesbury 
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 
limit, but shall, except as provided herein, be subject to the 
provisions of chapter forty-four of the General Laws, ex- 
clusive of the limitation contained in the first paragraph of 
section seven thereof. 

Section 1A. Action taken under this act at the annual 
town meeting held in the current year shall be as effective as 
though this act had been in full force and effect at the time 
the warrant for said meeting was posted. 

Section 2. This act shall take effect upon its passage. 
Approved March 1, 1951. 



96 Acts, 1951. — Chaps. 93, 94. 



Chap. 93 An Act authorizing the town of agawam to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., os follows: 

Section 1. For the purpose of acquiring land and con- 
structing and originally equipping and furnishing new 
school buildings, and for the purpose of constructing addi- 
tions to existing school buildings and originally equipping 
and furnishing the same, the town of Agawam may bor- 
row, from time to time, over a period of five years from the 
passage of this act such sums as may be necessary, not ex- 
ceeding in the aggregate one million five hundred thousand 
dollars, and may issue bonds or notes therefor which shall 
bear on their face the words, Agawam School Building Loan, 
Act of 1951. 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 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 be submitted for acceptance to 
the registered voters of said town at the first town meeting 
following the approval of this act, in the form of the follow- 
ing question: — "Shall an act passed by the General Court 
in the year nineteen hundred and fifty-one, entitled 'An Act 
Authorizing the Town of Agawam to Borrow Money for 
School Purposes', be accepted?" If a majority of the votes 
cast on this question is in the affirmative, this act shall take 
full effect on the day following such town meeting, but not 
otherwise. Approved March 1, 1951. 

Chap. 94 An Act pertaining to loans by banks guaranteed or 

INSURED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS. 

Jr'TambTe':^ Whercas, The deferred operation of this act would tend 

to defeat its purpose, which is to enable savings banks to 
invest without delay in real estate mortgages guaranteed or 
insured by the administrator of veterans' affairs, 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 46 of the acts of 1945, as most recently 
amended by section 1 of chapter 115 of the acts of 1948, is 
hereby further amended by striking out, in lines 20 and 21, 
the words "originated by it and", — so as to read as follows: 
— Section 1. Subject to such regulations as the commis- 
sioner of banks deems to be necessary or advisable in respect 
to trust companies, savings banks, co-operative banks, 
banking companies or credit unions, and to such regulations 
as the commissioner of insurance deems to be necessary or 
advisable in respect to insurance companies, any trust com- 



Acts, 1951. — Chaps. 95, 96. 97 

pany, savings bank, co-operative bank, banking company, 
credit union or insurance company organized under the 
laws of this commonwealth is authorized, for a period ending 
ten years after the termination of the present states of war 
between the United States and certain foreign countries, 
to make and acquire such loans and advances of credit to 
qualified veterans of World War II as are guaranteed or 
insured in whole or in part by the administrator of veterans' 
affairs or his successor or successors in such office, under the 
act of congress known as the Servicemen's Readjustment 
Act of 1944, or any amendment thereof, and to obtain such 
guaranties or insurance, to collect and apply payments due 
upon and otherwise to service any such mortgage loan so 
guaranteed or insured, and with respect to such mortgage 
loan to make agreements with any mortgagees thereof to 
collect and apply payments due upon and otherw^ise t© 
service any such mortgage loan. Approved March 2, 1951. 



An Act to authorize the county commissioners of the (JJiq^jj 95 
county of franklin to use funds in the post-war 
rehabilitation fund for repair or construction of 
THE cente;r bridge over unadilla brook on main 

ROAD IN THE TOWN OF GILL. 

Be it enacted, etc., as follows. • 

Section 1. The county commissioners of the county of 
Franklin are hereby authorized to use twenty-five hundred 
dollars of the funds in the count}^ treasury appropriated for 
a post-war rehabilitation fund for the repair or construction 
of the Center bridge over Unadilla brook on Main road in 
the town of Gill. The amount hereby authorized may be 
used in conjunction with funds provided by the state de- 
partment of public works and the town of Gill in the manner 
provided by chapter ninety of the General Laws. 

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

Approved March 2, 1951. 



An Act to authorize the county commissioners of the (JJi^j) 95 

COUNTY of franklin TO USE FUNDS IN THE POST-WAR ^' 

REHABILITATION FUND FOR REPAIR OR CONSTRUCTION OF 
THE TULLY BRIDGE OVER THE WEST BRANCH OF THE TULLY 
RIVER ON TULLY ROAD IN THE TOWN OF ORANGE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Franklin are hereby authorized to use two thousand dollars 
of the funds in the county treasury appropriated for a post- 
war rehabilitation fund for the repair or construction of the 
TuUy bridge over the west branch of the Tully river on 
Tully road in the town of Orange. The amount hereby 
authorized may be used in conjunction with funds provided 



98 Acts, 1951. — Chaps. 97, 98. 

by the state department of public works and the town of 
Orange in the manner provided by chapter ninety of the 
General Laws. 

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

Approved March 2, 1951. 

Chap. 97 An Act to authorize the county commissioners of the 

COUNTY OF franklin TO USE FUNDS IN THE POST-WAR 
REHABILITATION FUND FOR REPAIR OR CONSTRUCTION OF 
THE BARDWELL BRIDGE OVER WEST BROOK ON HAYDEN- 
VILLE ROAD IN THE TOWN OF WHATELY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Franklin are hereby authorized to use twenty-five hundred 
dollars of the funds in the county treasury appropriated for 
a post-war rehabilitation fund for the repair or construction 
of the Bardwell bridge over West brook on Haydenville 
road in the town of Whately. The amount hereby author- 
ized may be used in conjunction with funds provided by the 
state department of public 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 March 2, 1951 

Chap. 98 An Act increasing benefits to certain dependents 
OF employees killed in industrial accidents. 

Be it enacted, etc., as follows: 

FdV' Ur* 31 Section .31 of chapter 1.52 of the General Laws, as amended, 
etc'/ameAcied. ' is hereby further amended by striking out the last paragraph, 
as most recently amended by section 3 of chapter 738 of the 
acts of 1950, and inserting in place thereof the following 
paragraph : — 
Death pay- jn all Other cases of total dependency, the insurer shall 

amount of. pay the dependents of the employee wholly dependent upon 
his earnings for support at the time of the injury, or at the 
time of his death, a weekly payment equal to two thirds of 
his average weekly wages, but not more than fifteen dollars 
nor less than eight dollars a week, for a period of five hundred 
weeks; but in no case shall the amount be more than six 
thousand dollars. If the employee leaves dependents only 
partially dependent upon his earnings for support at the 
time of his injury, or at the time of his death, the insurer 
shall pay such dependents a weekly compensation equal to 
the same proportion of the weekly payments for the benefit 
of persons wholly dependent as the amount contributed by 
the employee to such partial dependents bears to the annual 
earnings of the deceased at the time of his injury. In the 
event of the parties agreeing or the department finding that 
a partial dependent is the next of kin of the deceased em- 
ployee and has, during the year preceding the injury, received 



Acts, 1951. — Chaps. 99, 100. 99 

from such deceased employee contributions for his support 
independent of gifts and gratuities, such partial dependent 
shall be paid by the insurer a minimum weekly compensation 
of eight dollars. When weekly payments have been made to 
an injured employee before his death, compensation under 
this paragraph to dependents shall begin from the date of 
the death of the employee, but shall not continue for more 
than five hundred weeks; but in no case of partial depend- 
ency shall the amount be more than six thousand dollars. 

Approved March 2, 1951. 

An Act relative to the retirement rights of members (Jhav 99 
OF contributory retirement systems who return to 

WORK after the TERMINATION OF INDUSTRIAL ACCIDENT 
LEAVE. 

Be it enacted, etc., as follows: 

Paragraph (a) of subdivision (1) of section 14 of chapter g. l. (Ter. 
32 of the General Laws, as appearing in section 1 of chapter f|'c^ 'amended 
658 of the acts of 1945, is hereby amended by adding at the 
end the following paragraph : — 

Any such member shall have credited to him as creditable Period of 
service under the system the period during which he is bpnlfits^to 
receiving such weekly payments or lump sum settlement in be deemed 
lieu of such weekly payments. At the time of his re-employ- service^'"' 
ment or retirement, or as soon thereafter as an appropriation 
therefor is made, the commonwealth or political subdivision 
thereof, as the case may be, shall pay into the annuity savings 
fund of such system the amount which said person would 
have paid into said fund had his employment in the service 
of the commonwealth or political subdivision thereof not 
been interrupted by his industrial accident, but in no event 
more than would be credited to him if regular deductions 
were made on his full salary or wages; provided, that any 
sum so paid by the commonwealth or any political sub- 
division thereof shall be used only to provide an increased 
retirement allowance of the person on whose account such 
payment is made, and in case of his later separation from the 
service otherwise than by retirement, the said sum, together 
with interest thereon, shall be used to reduce the next en- 
suing appropriation for the payment of pensions. 

Approved March 2, 1951. 

An Act relating to the collection of mortgages and Chav 100 

OTHER INDEBTEDNESS DUE SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 25 of chapter 168 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 270 of the acts of 1949, is ^tll'amfAded^' 
hereby further amended by adding at the end the following 
sentence : — Nothing herein contained shall be construed as 
preventing trust companies or national banking associations 



100 



Acts, 1951. — Chaps. 101, 102. 



Savings banks 
may establish 
branch offices 
within certain 
limits, etc. 



from collecting, for the account of such corporation, pay- 
ments due upon mortgage loans or other indebtedness, — 
so as to read as follows : — Section 25. Such corporation 
shall carry on its usual business at its banking house only, 
and a deposit shall not be received or payment on account 
of deposits be made by the corporation or by a person on its 
behalf in any other place than at its banking house, which 
shall be in the town where the corporation is established, and 
which shall not be moved without the consent of the com- 
missioner; except that the corporation may, with the written 
permission of and under regulations approved by the com- 
missioner, maintain and estabhsh one or more branch offices 
or depots in the town where its banking house is located, or 
in towns not more than fifteen miles distant therefrom where 
there is no savings bank at the time when such permission is 
given. Nothing herein contained shall be construed as pre- 
venting trust companies or national banking associations 
from collecting, for the account of such corporation, pay- 
ments due upon mortgage loans or other indebtedness. 

Approved March 2, 1951. 



Chap. 101 An Act to authorize the department of public util- 
ities TO ESTABLISH PROCEDURAL RULES. 

Be it enacted, etc., as follows: 

Section 4 of chapter 25 of the General Laws, as amended 
by chapter 221 of the acts of 1938, is hereby further amended 
by adding at the end the following paragraph : — 

The department shall have power, after a public hearing, 
to adopt, subject to the approval of the governor and council, 
rules governing practice and procedure in hearings and all 
other proceedings before the department or before a com- 
missioner or employee designated and assigned thereto. 

Approved March 2, 1951. 



G. L. (Ter. 
Ed.). 25, § 4, 
etc., amended. 



Department to 
establish pro- 
cedural rules. 



Chap 



.102 An Act relative to the filling of vacancies in the 
school committee in the city of taunton. 

Be it enacted, etc., as follows: 

Section 1. If a member of the school committee of the 
city of Taunton resigns, or if there is a vacancy in said 
committee by reason of death, imprisonment or any other 
cause, the committee shall, within fifteen days thereafter, 
fill such vacancy by electing the person, who at the last 
biennial election, received the next highest vote to the last 
of the nine persons elected thereat to the committee, and 
on his refusal to serve, other persons who were candidates 
for membership in said committee at said election and were 
defeated shall be elected to fill such vacancy in the order of 
the respective number of votes received by such candidates 
at said election. The person so elected shall serve for the 
balance of the unexpired term of the person whom he suc- 
ceeds. 



Acts, 1951. — Chaps. 103, 104. 101 

Section 2. So much of chapter four hundred and forty- 
eight of the acts of nineteen hundred and nine, and acts in 
amendment thereof and in addition thereto, as is incon- 
sistent with this act, is hereby repealed. 

Section 3. This act shall take full effect upon its accept- 
ance by a majority vote of the municipal council and the 
school committee of said city meeting in joint convention. 

Approved March 2, 1951. 

An Act pertaining to the investments of deposits and Qhni) 1 03 

THE INCOME DERIVED THEREFROM OF SAVINGS BANKS IN ^' 
FIRST MORTGAGES OF REAL ESTATE. 

Be it enacted, etc., as follows: 

The first paragraph of clause First of section 54 of chapter o. l. (Ter. 
168 of the General Laws, as appearing in chapter 719 of the ftt^'amfAded*' 
acts of 1949, is hereby further amended by striking out the 
first two sentences and inserting in place thereof the two 
following sentences : — In first mortgages of real estate lo- investments of 
cated in the commonwealth, or in a state contiguous to the of savi'ngs^*''" 
commonwealth and within a radius of twenty-five miles of j?'"*"*^^'". 
the main office of the savings bank making the loan, but of'l-er^estlter 
not more than seventy per cent of the whole amount of de- ''^'siiiated. 
posits shall be so invested and not more than twenty per 
cent of the whole amount of deposits shall be invested in 
mortgages in states contiguous to the commonwealth, and 
with respect to such mortgage loans as are acquired by pur- 
chase to make agreements with any mortgagees or any agent 
approved by the board of investment to collect and apply 
payments due upon and otherwise to service any such mort- 
gage loan. No loan on mortgage shall be made except upon 
written application showing the date, name of applicant, 
amount asked for and security offered, nor except upon the 
report of not less than two members of the board of invest- 
ment who shall certify on said application, according to their 
best judgment, the value of premises to be mortgaged; and 
such application shall be filed and preserved with the records 
of the corporation; provided, however, whenever a mortgage 
is acquired by purchase no new application shall be required 
but not less than two members of the board of investment 
of the savings bank so acquiring such mortgage shall certify 
in writing, according to their best judgment, the then value 
of the premises so mortgaged. Approved March 2, 1951. 

An Act to regulate the use of the word "veteran" C/iap. 104 

BY candidates FOR PUBLIC OFFICE. 

Be it enacted, etc., as follows: 

Chapter 56 of the General Laws is hereby amended by in- g. l. (Ter. 
serting after section 43, as appearing in section 11 of chapter fisxf added. 
537 of the acts of 1946, the following section : — Section 43 A. 
No person, except a veteran, as defined by section twenty- Use of word 
one of chapter thirty-one, who is a candidate for nomination candfdaLs f'o'^ 



defined. 



102 Acts, 1951. — Chaps. 105, 106. 

public office, or election to any public office shall use the word "veteran" 
reg ate . ^^ applied to himself, in any circular, poster, card, handbill, 
placard, picture or other printed matter unless the word 
"veteran" is accompanied by other words indicating the 
country for which he served. Any violation of this section 
shall be punished by a fine of not more than one hundred 
dollars. Approved March 2, 1951. 

Chap. 105 An Act relative to the practice of chiropody 

(podiatry). 

Be it enacted, etc., as follows : 

G-ji-(Ter Chapter 112 of the General Laws is hereby amended by 

etc., anieiided' ' Striking out sectiou 19, as amended by section 9 of chap- 
ter 425 of the acts of 1937, and inserting in place thereof the 
siMi'a?'^°^*^'^' following: — Section 19. "Unprofessional conduct", as 
conduct", used in section eighteen, shall include: (a) the wilful be- 
trayal of a professional secret; (6) lending the use of one's 
name to an unregistered chiropodist (podiatrist), or having 
professional connection with such a person or with anyone 
convicted of any offense involving moral turpitude; (c) the 
selling or giving of any substance or compound containing 
alcohol or narcotic drugs for other than legal purposes; 
{d) written or printed statements of a character tending to 
claim professional superiority or the performance of pro- 
fessional services in a superior manner; (e) the inclusion of 
any fraudulent, misleading or deceptive statement in any 
form of advertising, or advertising fixed prices for professional 
services; and (/) any violation of any rule or regulation 
under section seventeen A. Approved March 2, 1951. 

Chap. lOQt An Act providing further for the extension of the 

BOUNDARIES OF THE BUZZARDS BAY' WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 145 of the acts of 1937 is hereby 
amended by striking out section 13 and inserting in place 
thereof the following section : — Section IS. Upon a petition 
in writing addressed to said commissioners requesting that 
certain real estate accurately described therein, located in the 
town of Bourne and in that portion of Bourne lying east of 
the Buzzards Bay Water District line, north of the Cape Cod 
canal, abutting easterly and southerly on a portion of the 
westerly and northerly lines of the North Sagamore Water 
District in the vicinity of Herring river, and abutting easterly 
on the Herring river and southerly of the Plymouth and 
Barnstable county lines, and in that portion of the town of 
Plymouth lying within a distance of one mile north and 
parallel to the Plymouth and Barnstable county lines be- 
tween the limits of Red brook and Great Herring pond and 
abutting on said district and not otherwise served by a public 
water supply, be included within the limits thereof, and 



Acts, 1951. — Chap. 106. 103 

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 each of said 
towns and with the state secretary an attested copy of said ' 
petition and vote; and thereupon said real estate shall be- 
come 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 1A. Said chapter 145 of the acts of 1937 is 
hereby further amended by striking out section 7 and in- 
serting in place thereof the following section : — Section 7. 
Whenever appropriations are duly voted by said district 
the clerk shall apportion, in accordance with the valuation 
of property situate in each part of said district, all and singu- 
lar, such sums of money voted to be raised by said district 
for the purposes specified in this chapter and shall render a 
certified copy of the vote, with the apportionment made by 
said clerk, to the assessors of the towns of Bourne and Plym- 
outh, who shall assess the share of each town 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, such 
estate is so situated that it can receive no aid in the extin- 
guishment of fire from the said system of water supply, or 
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 by the board 
of water commissioners to the assessors of the towns of 
Bourne and Plymouth, at the same time at which the clerk 
shall send a certified copy of the vote as aforesaid. The 
assessment shall be committed to said town collectors, who 
shall collect said tax in the manner provided by law for the 
collection of town taxes, and shall deposit the proceeds 
thereof with the district treasurer for the use and benefit of 
said district. Said district may collect interest on overdue 
taxes in the manner in which interest is authorized to be 
collected on town taxes. 

Section 2. This act is enacted for the solie purpose of in- 
cluding within the Buzzards Bay Water District, established 
by chapter one hundred and forty-five of the acts of nineteen 
hundred and thirty-seven, that portion of the town of 
Bourne lying north of the Cape Cod canal between the limits 



104 Acts, 1951.— Chap. 107. 

of the canal on the south, the Plymouth and Barnstable 
county line on the north, the Buzzards Bay Water District 
line on the west, and Herring river and a portion of the North 
Sagamore Water District line on the east, and also that por- 
tion of the town of Plymouth lying within a distance of one 
mile north and parallel with the Plymouth and Barnstable 
county lines between the limits of the Red brook on the west 
and Great Herring pond on the east, and is to be construed 
as a continuation of the provisions of said act and not a new 
enactment except as herein provided. Wherever in said act 
reference is made to the town of Bourne, if the context ad- 
mits, such reference shall mean to include the town of Plym- 
outh. 

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

Approved March 5, 1951. 



Chap. 107 ^^ ■^^'^ AUTHORIZING THE CITY OF SALEM TO APPROPRIATE 
MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN UNPAID 
BILLS. 

Be it enacted, etc., as folloivs: 

Section 1. 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-one, the total of such bills being two thousand 
eleven dollars and seventy-four cents, as shown by a list 
filed in the office of the director of accounts in the depart- 
ment of corporations and taxation, as are legally unenforce- 
able 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, or for any other reason. 

Section 2. No bill shall be paid under authority of this 
act unless and until a certificate has been signed and filed 
with the auditor of said city, stating under the penalties 
of perjury that the goods, materials or services for which 
such bill has been submitted were ordered by an official or 
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 
receives payment for goods, materials or services which 
were not received by or rendered to said city, shall be pun- 
ished by imprisonment for not more than one year or by a 
fine of not more than three hundred dollars, or both. 

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

Approved March 6, 1951. 



Acts, 1951. — Chap. 108. 105 



An Act authorizing cities and towns to borrow on Chap. 108 

ACCOUNT OF PUBLIC WELFARE AND VETERANS* BENEFITS. 

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

Be it enacted, etc., asfolloios: 

Section 1. Subject to the provisions of this act, any 
city or town, by a two thirds vote as defined in section one 
of chapter forty-four of the General Laws, and with the 
approval of the mayor or selectmen and of the emergency 
finance board established under section one of chapter 
forty-nine of the acts of nineteen hundred and thirty-three, 
may borrow in each of the years nineteen hundred and 
fifty-one and nineteen hundred and fifty-two, inside its 
limit of indebtedness as prescribed by section ten of said 
chapter forty-four, for use only for meeting appropriations 
made or to be made for public welfare, including in such 
term old age assistance and aid to dependent children, and 
for veterans' benefits to an amount not more than one half 
of one per cent of the average of the assessors' valuation 
of its taxable property for the three preceding years, such 
valuation to be reduced and otherwise determined as pro- 
vided in said section ten of said chapter forty-four, and 
may issue bonds or notes therefor, which shall bear on their 
face the words (name of city or town) Municipal Rehef 
Loan, Act of 1951. Each authorized issue shall constitute 
a separate loan, and such loans shall be paid in not more 
than five years from their dates, as said board shall fix, and, 
except as herein provided, shall be subject to said chapter 
forty-four, exclusive of the limitation contained in the first 
paragraph of section seven thereof. 

Loans may be issued hereunder in the year nineteen 
hundred and fifty-one or nineteen hundred and fifty-two, 
as the case may be, only by a city or town which in such 
year has appropriated to be raised by taxation, or appro- 
priated from available funds for the purposes enumerated 
in the preceding paragraph, an amount not less than the 
aggregate of its expenditures made in the year preceding 
the year of issue for old age assistance and aid to dependent 
children to be met otherwise than from the proceeds of 
federal grants, and of its expenditures made in said preceding 
year for veterans' benefits, together with an amount equal 
to not less than seventy-five per cent of its expenditures 
made in said preceding year for all pubhc weKare purposes 



106 Acts, 1951. — Chap. 109. 

other than old age assistance, aid to dependent children 
and veterans' benefits, all as determined by the board. 

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

Section 2. The members of the board aforesaid, when 
acting under this act, shall receive from the commonwealth 
compensation to the same extent as provided for services 
under chapter three hundred and sixty-six of the acts of 
nineteen hundred and thirty-three, as amended, including 
chapter seventy-four of the acts of nineteen hundred and 
forty-five. 

Section 3. A loan order voted in any city under au- 
thority of this act shall be deemed to be an emergency order 
and as such may be passed in such manner as is provided 
for emergency orders or ordinances in its charter, and shall 
be in full force and effect immediately upon final favorable 
action thereon by its city council or chief executive, as the 
case may be, or upon the expiration of any period specified 
by such charter for the approval or disapproval of such 
orders by its chief executive in any case where he fails to 
approve or disapprove such an order within such period, 
notwithstanding any provision of general or special law or 
ordinance to the contrary; provided, that in the city of 
Boston such loan orders may be passed in the manner pro- 
vided in its charter for loan orders for temporary loans in 
anticipation of taxes. 

Section 4. In any city a loan order under authority 
of this act may be passed by vote of two thirds of all the 
members of the city council, or of each branch thereof 
where there are two branches, notwithstanding any provision 
of law to the contrary. Approved March 5, 1951. 

ChaV 109 ^^ ^^"^ EXTENDING THE PROVISIONS OF THE WORKMEN'S 
COMPENSATION LAW TO POLICE OFFICERS EMPLOYED AND 
PAID BY CONTRACTORS ENGAGED IN THE PERFORMANCE OF 
CONTRACTS WITH THE STATE DEPARTMENT OF PUBLIC WORKS. 

Be it enacted, etc., as folloivs: 

EdVi52"§i Section 1. Paragraph (4) of section 1 of chapter 152 
etc^/ainemicd. of the General Laws, as amended by chapter 215 of the acts 
of 1947, is hereby further amended by inserting after the 
first paragraph the following paragraph : — 



Acts, 1951. — Chaps. 110, 111. 107 

Notwithstanding the provisions of section one hundred of iolen^hF'^^ 
chapter forty-one, any reserve or special poHce officer who is poUee officers. 
employed by a contractor for the purpose of directing or 
maintaining traffic or other similar purposes upon any way 
which is being constructed or reconstructed or upon which 
other types of construction projects are in progress under 
contract with the state department of public works or the 
metropolitan district commission, and who is paid directly 
for such services by a contractor engaged in the performance 
of such a contract with said department or commission shall 
be conclusively presumed to be an employee of such con- 
tractor while so employed and paid; and, notwithstanding 
any contrary provision of law, the compensation provided 
by this chapter shall be paid to any such police officer who 
receives an injury arising out of and in the course of such 
employment, or, in case of death resulting from such injury, 
to the persons entitled thereto. 

Section 2. This act shall apply only in cases of personal 
injuries occurring on and after its effective date. 

Approved March 5, 1951. 

An Act relative to the membership of the playground C/iap. 110 

COMMISSION OF THE CITY OF WESTFIELD. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 294 of the acts of 1920, 
as amended, is hereby further amended by striking out the 
paragraph numbered 10 and inserting in place thereof the 
following : — 

10. The playground commission shall consist of five mem- 
bers to be appointed by the mayor, subject to confirmation 
by the city council, one member of said commission to be 
appointed from each of the city's five wards. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Westfield at the regular 
municipal election in the current year in the form of the 
following question which shall be placed upon the official 
ballot to be used at said election: — "Shall an act passed 
by the general court in the year nineteen hundred and fifty- 
one, entitled 'An Act relative to the membership of the 
playground commission of the city of Westfield', be ac- 
cepted? " If a majority of the voters voting thereon vote in the 
affirmative in answer to said question, this act shall take full 
effect, but not otherwise. Approved March 5, 1951. 

An Act relative to the preparation and verification Qfidj) \i\ 

OF LISTS OF officials AND EMPLOYEES OF THE CITY OF ^' 

BOSTON AND COUNTY OF SUFFOLK AND TO THE PUBLICATION 
OF CERTAIN COMPARATIVE TABLES OF THE NUMBERS OF 
SUCH OFFICIALS AND EMPLOYEES. 

Be it enacted, etc., as follows: 

Chapter 486 of the acts of 1909 is hereby amended by 
striking out section 27, as most recently amended by section 1 



108 Acts, 1951. — Chaps. 112, 113. 

of chapter 263 of the acts of 1938, and inserting in place 
thereof the following section : — Section 27. Every officer 
and board in charge of a department of the city of Boston 
or county of Suffolk shall, on or before the sixth day of 
February in each year, prepare and furnish to the city 
auditor a hst of the officials and employees under said officer 
or board and paid by the city or county on the first day of 
such February. Such list shall give the name, residence by 
street and ward, designation, compensation, and date of 
election or appointment of each of said officials and employees 
and the date when each first entered the employ of the city 
or county. It shall be the duty of the city auditor to verify 
said hsts by the pay rolls and to keep a copy of said fists 
open for public inspection, and to prepare and publish in 
the City Record on or before the tenth day of April in each 
year a comparative table containing the number of such 
officials and employees holding office or employed in each 
such department or board and paid by the city or county on 
the compilation date in each of the ten years next preceding 
such pubhcation. The term "compilation date", as herein 
used, shall be construed to mean, with respect to the year 
nineteen hundred and fifty-one or any prior year, the first 
day of January, and with respect to the year nineteen hun- 
dred and fifty-two or any subsequent year, the first day of 
February. Approved March 5, 1951. 

Chav. 112 An Act authorizing the city of salem to reimburse 

ALICE FRYE FOR MEDICAL EXPENSES INCURRED BY HER 
ON ACCOUNT OF INJURIES SUSTAINED BY HER SON, RICHARD 
FRYE, IN THE SALTONSTALL SCHOOL GYMNASIUM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Salem may appropriate and pay to 
Ahce Frye the sum of two hundred and ninety dollars and 
eighty-five cents to reimburse her for expenses of medical 
care incurred by her on account of injuries sustained on 
December eighteenth, nineteen hundred and forty-eight by 
her minor son, Richard Frye, while a volunteer worker in 
the gjonnasium in the Saltonstall school in said city. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of the city of Salem, subject to the provisions of its charter, 
but not otherwise. Approved March 5, 1951. 

Chap. 113 An Act allowing the granting of token awards by a 

playground or recreation COMMISSION. 

Be it enacted, etc., as follows: 

Ed ^40^5 Section 5 of chapter 40 of the General Laws is hereby 

amended. ' amended by adding at the end the following clause: — 

Towns, etc., (42) For the purchase of token awards to be made by 

Sirby a playground or recreation commission, including any 



Acts, 1951. — Chap. 114. 109 

similar board or commission organized or authorized under recreation 

any special law, for participation in any game, meet 

contest conducted or held as a part of or in connection with 

the recreational program of such commission or board, a sum 

not exceeding, in any one year, one one-thousandth of one 

per cent of the assessed valuation of the preceding year, but 

in no event more than one thousand dollars. 

Approved March 5, 1951. 



An Act making an appropriation for the fiscal year Chav.W^ 

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FIFTY- 
ONE, TO PROVIDE FOR SUPPLEMENTING A CERTAIN EXIST- 
ING APPROPRIATION. 

Be it enacted, etc.^ as follows: 

Section 1. To provide for meeting a deficiency in a cer- 
tain appropriation previously made, the sum set forth in 
section two, for the purpose and subject to the conditions 
specified in said section, is herebj'' appropriated for the cur- 
rent fiscal year from the general fund, subject to the provi- 
sions of law regulating the disbursement of public funds and 
the approval thereof, the sum so appropriated to be in 
addition to any amounts at present available for the purpose. 

Section 2. 

The Following Appropriation is made from the General Fund: 

Service of the Executive Department. 

Section two of chapter eight hundred and 
twenty-five of the acts of nineteen hundred 
and fifty is hereby amended by striking out 
Item 0401-70 and inserting in place thereof 
the following: — 

Special : 
0401-70 For the service of the civil defense agency, 
as authorized by chapter six hundred and 
thirty-nine of the acts of nineteen hundred 
and fifty and as further authorized by an 
act of the current year, including the cost of 
plans for an additional floor at the Hyams 
Laboratory, so called, at Forest Hills; pro- 
vided, that a lease or agreement in connec- 
tion therewith, approved by the commission 
on administration and finance and the at- 
torney general, is secured; and, further 
provided, that any expenditures made for 
the purpose of said civil defense agency from 
item 0401-24 of section two of chapter five 
hundred and eighty of the acts of nineteen 
hundred and fifty prior to the effective date 
of chapter eight hundred and twenty-five 
of the acts of nineteen hundred and fifty 
shall be charged against this item . . $180,500 00 

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

Approved March 7, 1951. 



110 Acts, 1951. — Chap. 115 



Chap.115 An Act authorizing the town of westborough to sell 

AND CONVEY CERTAIN PLAYGROUND PROPERTY, AND AU- 
THORIZING WESTBOROUGH CIVIC PLAYGROUND INC. TO CON- 
VEY ITS INTEREST IN CERTAIN PLAYGROUND PROPERTY TO 
SAID TOWN. 

prTambfe'^^ Whereus, The deferred operation of this act would tend 

to defeat its purpose by depriving the town of Westborough 
of the opportunity of making an advantageous disposal of 
real estate and interfere with the acquisition of new play- 
ground facilities, it is hereby declared to be an emergency 
law necessary for immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. The town of Westborough is hereby author- 
ized to sell and convey all interest it now has and all interest 
it may hereafter acquire, if so authorized by a vote or votes 
of said town, in and to the whole or any part or parts of a 
certain parcel of land hereinafter described, free and clear 
from any obligation to use the same for playground pur- 
poses or any other public use. The proceeds of any such 
sale or sales shall be paid into the treasury of said town and 
shall be held therein subject to appropriation by said town 
only for the development and equipping of new playground 
facilities. Said parcel of land is bounded and described as 
follows, subject, however, to modification by a plan and 
survey of land by Chester A. Kenney, Civil Engineer, dated 
December, in the year nineteen hundred and fifty: 

Beginning at the southeasterly corner of Union Street and 
East Main Street in said Westborough, thence southeasterly 
and easterly by Union Street six hundred and forty feet 
more or less to land of the Bay State Abrasive Products 
Company; thence northerly four hundred feet more or 
less to a stone bound; thence west northwesterly two hun- 
dred and ninety feet more or less to land of Fryer; thence 
south southeasterly by land of Fryer and land of Bay State 
Abrasive Products Company one hundred and ninety-six 
feet more or less to a corner; thence west northwesterly by 
land of Bay State Abrasive Products Company thirty-three 
feet more or less to land of Wheatley Motors Inc.; thence 
south southwesterly by land of Wheatley Motors Inc. sixty- 
three feet more or less to a corner; thence north northwest- 
erly by land of Wheatley Motors Inc. sixty-nine feet more 
or less to a corner; thence south southwesterly by land of 
Wheatley Motors Inc. and land of the Inhabitants of the 
Town of Westborough one hundred feet more or less to a 
comer; thence west northwesterly by land of the Inhabit- 
ants of the Town of Westborough one hundred and fifteen 
feet more or less to the easterly side of East Main Street; 
thence south southwesterly by said street one hundred and 
sixteen feet more or less to the point of beginning. Said 
parcel containing approximately four and one quarter acres. 



Acts, 1951. — Chap. 116. Ill 

Section 2. Westborough Civic Playground Inc., a cor- 
poration duly organized by law, is hereby authorized to 
convey all its interest in the real estate referred to in section 
one hereof to the town of Westborough. 

Approved March 7, 1951. 

An Act relating to the wachusett regional school Chav.WQ 

DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The proceeding heretofore taken relating to 
the organization of the Wachusett Regional School District, 
including the proceedings of the member towns relating 
thereto, are hereby validated, and said district is hereby 
declared to be, and at all times since its organization to 
have been, a valid district with all the rights, powers and 
duties of districts duly organized under section fifteen of 
chapter seventy-one of the General Laws. 

Section 2. All acts and proceedings of said district and 
of the officers thereof heretofore done or taken are hereby 
validated. Without limiting the generality of the foregoing, 
the vote of the regional district school committee passed 
November twentieth, nineteen hundred and fifty, authoriz- 
ing the issuance of bonds of the district to the amount of 
one hundred thousand dollars is hereby validated, and said 
bonds may be issued accordingly without further oppor- 
tunity to the member towns to express disapproval of the 
amount thereof. 

Section 3. The agreement under which said district was 
established shall be construed and take effect: (1) as though 
section four (a) thereof contained no reference to a contribu- 
tion by the commonwealth of Massachusetts and provided 
that the entire cost of construction, instead of thirty-five 
per cent thereof, shall be divided among the participating 
towns in the respective percentages therein set out; (2) as 
though section five thereof provided for semi-annual pay- 
ments on the first day of each May and November and for 
such payments to be made in the manner prescribed by 
statute; (3) as though the second sentence of section seven 
thereof contained at the end the words "as determined by 
the regional district school committee"; (4) as though sec- 
tion eight thereof contained at the end the following sen- 
tence: — The withdrawing town shall remain liable to the 
district for indebtedness of the district outstanding at the 
time of such withdrawal and the interest thereon to the 
same extent and in the same manner as though such town 
had not withdrawn from the district; provided, that such 
liability shall be reduced by any amount which such town 
has paid over or secured the payment of at the time of 
withdrawal and which has been applied to the payment of 
such indebtedness or interest; and (5) as though section 
fourteen thereof contained at the end the following sentence: 
— No such amendment shall be made which shall substan- 



112 Acts, 1951. — Chap. 117. 

tially impair the rights of the holders of any bonds or notes 
of the district then outstanding or the rights of the district 
to procure the means for payment thereof; provided, that 
this provision shall not prevent the admission of new towns 
to the district and the reapportionment accordingly of that 
part of the cost of construction represented by bonds or 
notes of the district then outstanding and of interest thereon. 
The foregoing provision for the division of the entire cost of 
construction among the member towns shall not prevent the 
district from receiving financial assistance under chapter six 
hundred and forty-five of the acts of nineteen hundred and 
forty-eight, as amended, or otherwise. 

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

Approved March 7, 1951. 

Chap. 117 An Act further regulating personal loans by credit 

UNIONS. 

Be it enacted, etc., as follows: 
G-jL. |Ter Scction 24 of chapter 171 of the General Laws is hereby 

etc.. 'amended.' amended by striking out subdivision (A), as most recently 

amended by chapter 84 of the acts of 1950, and inserting in 

place thereof the following : — 

(a) PERSONAL LOANS. 

Loans Each persoual loan shall be payable within twenty-four 

reg a e . mouths from the date thereof and shall be paid or renewed 
on or before such date. 

The maximum amount of credit to be extended to a mem- 
ber in excess of the shares and deposits of the maker, and 
co-maker if any, pledged to secure the same 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 
eighty 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 saviugs banks, or 



Acts, 1951. — Chap. 118. 113 

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

The amount of a loan under paragraph 2, 3 or 5 evidenced 
by an unendorsed note of the borrower may, in the dis- 
cretion 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 March 7, 1951. 



An Act relative to the payment of money by the town ni^ruy 1 1 o 

OF WINCHENDON TO CERTAIN PERSONS FOR WATER MAIN ^' 

EXTENSIONS AND CONNECTIONS. 

Be it enacted^ etc., as follows: 

Section 1 of chapter 583 of the acts of 1950 is hereby 
amended by striking out, in lines 8 and 15, the word "pri- 
vate" and inserting in place thereof, in each instance, the 
word: — public, — so as to read as follows: — Section 1. 
The town of Winchendon is hereby authorized to appropriate 
the sum of one thousand and eight dollars and sixty-one 
cents, and pay four hundred and eighty-five dollars and 
twenty-two cents of the same to Clifton A. Daniels, and five 
hundred and twenty-three dollars and thirty-nine cents of 
the same to John J. Witt, to reimburse them for moneys ex- 
pended by them for water main extensions and connections 
in or on certain public ways in said town; provided, that no 
payments shall be made hereunder unless and until said 
persons shall have released to said town by proper instru- 



114 



Acts, 1951. — Chap. 119. 



ments all right, title and interest which they have in said 
works, nor unless and until said town shall have received or 
acquired permanent easements for the operation and mainte- 
nance of said water main extensions in or on the aforesaid 
public ways. Approved March 7, 1951. 



C/iap. 119 An Act relative to the punishment of tramps. 
Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 272, §64, 
amended. 



Punishment 
of tramps. 



G. L. (Ter. 
Ed.), 272, 
§ 66, etc., 
amended. 



Vagrants. 



Section 1. Section 64 of chapter 272 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in lines 2 and 3, the words "for 
not less than six months nor more than two years, or by 
imprisonment at the state farm" and inserting in place 
thereof the words : — or at the state farm for not more than 
thirty days, — so as to read as follows: — Section 64- A 
tramp shall be punished by imprisonment in the house of 
correction or at the state farm for not more than thirty 
days; and if he enters a dwelHng house or other building 
without the consent of the owner or occupant thereof, or 
wilfully or maliciously injures or threatens to injure any 
person therein, or threatens to do any injury to any person, 
or to the property of another, or is found t»arrying a firearm 
or other dangerous weapon, he shall be punished by im- 
prisonment in the house of correction for not less than one 
nor more than two and one half years, or at the state farm, 
but notwithstanding the foregoing a tramp found carrying 
a firearm or other dangerous weapon in violation of section 
ten of chapter two hundred and sixty-nine may be prosecuted 
and punished thereunder. 

Section 2. Section 66 of said chapter 272, as amended 
by section 67 of chapter 451 of the acts of 1939, is hereby 
further amended by striking out, in lines 11 and 12, the 
words "be sentenced to the Massachusetts reformatory or 
state farm or shall", — so as to read as follows: — Sec- 
tion 66. Idle persons who, not having visible means of 
support, live without lawful employment; persons wandering 
abroad and visiting tippling shops or houses of ill fame, or 
lodging in groceries, outhouses, market places, sheds, barns 
or in the open air, and not giving a good account of them- 
selves; persons wandering abroad and begging, or who go 
about from door to door, or place themselves in pubUc 
ways, passages or other public places to beg or receive alms, 
and who do not come within the description of tramps, as 
contained in section sixty-three, shall be deemed vagrants, 
and may be punished by imprisonment for not more than 
six months in the house of correction. 

Approved March 9, 1951. 



Acts, 1951. — Chaps. 120, 121, 122. 115 



An Act providing that premiums on bonds of court QJiaj) 120 

OFFICERS AND DEPUTY SHERIFFS IN ATTENDANCE ON THE 
SUPREME JUDICIAL COURT OR SUPERIOR COURT IN MIDDLE- 
SEX COUNTY SHALL BE PAID BY THE COUNTY. 

Be it enacted, etc., as follows: 

Chapter 221 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 77, as appearing in the Tercentenary amended.' ^ ^^' 
Edition, and inserting in place thereof the following sec- 
tion : — Section 77. Premiums on bonds of court officers Premiums on 
and deputy sheriffs in attendance on the supreme judicial ^t^u^tomttes 
or superior court in Suffolk county and on the courts in to ^e paid^^^ 
Middlesex and Worcester counties shall be paid by their ^ "^ °°"" ^' 
respective counties. Approved March 9, 1951. 



An Act authorizing the town of mansfield to retire Qjiav 121 

AND PAY A PENSION TO ANNA G. VALLETT. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of her long and meritorious service 
as school nurse, the town of Mansfield is hereby authorized 
to retire and pay a pension to Anna G. Vallett, a former army 
nurse and employee of said town. The amount of pension 
per annum shall equal sixty per cent of the annual salary 
received by her at the time of her termination of service and 
shall be paid in equal monthly installments. 

Section 2. This act shall take effect upon its acceptance 
by the selectmen of the town of Mansfield. 

Approved March 9, 1951. 



An Act authorizing the metropolitan district com- Cfiaj) 122 

MISSION to CONVEY TO THE UNITED STATES OF AMERICA 
A PARCEL OF LAND IN QUINCY AS AN ADDITION TO THE 
ADAMS MANSION NATIONAL HISTORIC SITE. 

Be it enacted, etc., as follows: 

The metropolitan district commission shall convey to the 
United States of America, without consideration, title to a 
certain parcel of land, being a part of land taken by eminent 
domain by the metropolitan park commission for boulevard 
purposes and situated in the city of Quincy, at the south- 
westerly corner of Newport avenue and Furnace Brook 
parkway, to be used as an addition to the Adams Mansion 
National Historic Site, said parcel of land being bounded 
and described as follows : — 

Beginning at a point on the southwesterly side of New- 
port avenue at the junction of land owned by the said com- 
mission and land owned by the said United States as the 
Adams Mansion National Historic Site; thence running 
southwesterly by line curving to the right with a radius of 



116 Acts, 1951. — Chap. 123. 

396.71 feet; 180.02 feet to a stone bound; thence running 
more westerly by a line curving to the right with a radius of 
567.43 feet, 148.35 feet; thence running north 80° 16' 23" 
west 28.73 feet; thence running still westerly by a line 
curving to the left with a radius of 483.01 feet, 35.59 feet to 
an iron pipe ; thence turning to the right and running north- 
westerly by an extension of the property line between land 
of the said Adams Mansion National Historic Site and land 
now or formerly of Fred B. Rice, 90 feet more or less to the 
top of the southerly bank of Furnace brook ; thence turning 
sharply to the right and running easterly by the top of the 
southerly bank of Furnace brook, 365 feet more or less to the 
southwesterly side line of Newport avenue; thence turning 
to the right and running southwesterly by the southwesterly 
side line of Newport avenue, 60 feet more or less to the point 
of beginning; containing 31,400 square feet more or less. 

Approved March 9, 1951. 



Chap. 12S An Act to authorize brandeis university to hold 

ADDITIONAL REAL AND PERSONAL ESTATE AND TO CONFER 
ADDITIONAL DEGREES AND HONORARY TESTIMONIALS. 

Be it enacted, etc., as follows: 

Chapter 326 of the acts of 1937 is hereby amended by 
striking out section 2 and inserting in place thereof the fol- 
lowing section : — Section 2. The said corporation shall 
have full power and authority to determine what times and 
places their meetings shall be holden, and the manner of 
notifying the trustees to convene at such meetings and also, 
from time to time, to select such professors and instructors 
of said university as they shall judge necessary for the in- 
terest thereof; and to determine the duties, salaries, emolu- 
ments, responsibilities, and tenures of the same; and said 
corporation is further empowered to purchase or erect, and 
keep in repair, such buildings as they shall judge necessary 
for said university; also to make and ordain, as occasion 
may arise, reasonable rules, orders, and by-laws for the 
regulation of their own body, and also to determine and 
regulate the courses of instruction in said college; and said 
corporation may receive and hold real or personal estate, by 
gift, grant, devise, bequest, or otherwise; and shall have all 
rights, privileges, immunities, and powers, including the con- 
ferring of the degrees of bachelor of arts, bachelor of science, 
doctor of medicine, doctor of surgical chiropody or podiatry, 
and doctor of veterinary medicine, upon candidates recom- 
mended by the faculties of its respective schools; and said 
corporation may grant such honorary testimonials and con- 
fer such further degrees and diplomas, consistent with the 
general purposes of its charter, as may be determined and 
prescribed by its trustees; provided, that the degree of 
doctor of surgical chiropody or podiatry shall be conferred 
only upon candidates recommended by the faculty of its 



Acts, 1951. — Chaps. 124, 125. 117 

school of medicine and that all courses required for such 
degree shall be approved by the approving authority estab- 
lished under the provisions of section two of chapter one hun- 
dred and twelve of the General Laws, as amended by sections 
one and two of chapter two hundred and forty-seven of the 
acts of nineteen hundred and thirty-six, and the provisions 
thereof relative to the approval of a medical school shall 
apply to the approval of said courses; and, provided further, 
that no honorary degree or testimonial shall be conferred 
except by the vote of a majority of the trustees of said cor- 
poration. Approved March 9, 1951. 

An Act providing that the pay of the members of the nhnry 1 24 

POLICE department OF THE CITY OF MALDEN BE ESTAB- ^' 

LISHED AND CONTROLLED BY ORDINANCE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 16 of the acts of 1911 is hereby 
amended by striking out section 5 and inserting in place 
thereof the following section : — Section 5. Except as au- 
thorized by the city council of the city, said commissioner 
shall not increase the number of patrolmen. The pay of the 
members of the police department shall be established and 
controlled by city ordinance. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the city of Maiden. 

Approved March 9, 1951. 

An Act relative to pensions payable by domestic in- (JJidj) 125 

SURANCE companies TO THEIR OFFICERS AND EMPLOYEES. ^ ' 

Be it enacted, etc., as follows: 

Section 36 of chapter 175 of the General Laws, as amended, g. l. (Ter. 
is hereby further amended by striking out the first and second § s'e'etc.,' 
paragraphs and inserting in place thereof the following two amended, 
paragraphs : — 

Any domestic company, when authorized so to do by a Pensions for 
vote in each case of not less than a majority of its directors, cwtafn^^^"^ 
at a meeting called for the purpose, recorded in the minutes insurance 

Y '^ \ ' , , , companies. 

01 the board, may grant a pension to any employee who has 
been in the service of the company for ten years and who 
has reached age sixty-five or has become incapacitated for 
further service by reason of physical or mental disability re- 
sulting from sickness or injuiy; or to any employee retiring 
by reason of the infirmities of age who has been in the serv- 
ice of the companj^ for not less than fifteen years. The 
length of service of ten years or fifteen years required by 
this section may include leave of absence granted by the 
company for any military service. 

Any such company, with the written approval of the com- 
missioner, may also establish or amend an employee's sav- 
ings fund, pension system or association for the benefit of 



118 Acts, 1951. — Chap. 126. 

its employees. Such a fund, system or association may be 
an association described in sections thirty-nine, forty and 
forty-one of chapter thirty-two and subject thereto. 

Approved March 12, 1951. 



Chap..l2Q An Act authorizing the town of marblehead to con- 
struct WATER MAINS THROUGH THE TOWN OF SWAMPSCOTT 
AND THE CITIES OF LYNN AND SALEM. 

Be it enacted, etc., as follows: 

Section 1. The town of Marblehead, after the signing 
of an agreement to become a member of the water district 
of the metropolitan district commission, under authority of 
any law heretofore or hereafter enacted, may, by and 
through its board of water commissioners, take by eminent 
domain under chapter seventy-nine of the General Laws, 
or acquire by purchase or otherwise, and hold, all lands, 
rights of way and other easements, situated in the town of 
Swampscott or in the city of Lynn or Salem, that may be 
necessary for the conveying of water from the water works 
of the metropolitan district commission to said town of 
Marblehead. 

Section 2. For the purpose of conveying such water as 
aforesaid, said town of Marblehead, acting by and through 
its board of water commissioners, may maintain and operate 
pumping works and may construct, lay and maintain con- 
duits, pipes and other works under or over any lands, water 
courses, railroads, railways and public or private ways, and 
along any state highway or other way in said town of Swamp- 
scott and in said cities of Lynn and Salem, in such manner as 
not unnecessarily to obstruct the same; and for the purpose 
of constructing, laying, maintaining, operating and repair- 
ing such aqueducts, conduits, pipes and other works, and 
for all other proper purposes of this act, said town of Marble- 
head may enter upon and dig up or raise and embank any 
such lands or public or other ways, in such manner as to 
cause the least possible hindrance to public travel thereon; 
provided, that no way in said town of Swampscott or in 
said city of Lynn or Salem shall be dug up except with the 
consent of the state department of public works in the case 
of a state highway or of the selectmen of said town or of the 
authority having charge of public ways of said cities, in 
which any such way or ways are situated in the case of other 
ways, and provided, further, that any such way so dug up 
shall be restored to the satisfaction of said state department 
of public works, selectmen or authority, as the case msiy be. 
Said town of Marblehead shall not enter upon, construct or 
lay any aqueduct, 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 provided by the 
state department of public utilities. 



Acts, 1951. — Chaps. 127, 128. 119 

Section 3. For the purpose of paying the necessary ex- 
penses and liabihties incurred under the provisions of this 
act, other than expenses of maintenance and operation, said 
town of Marblehead may borrow such sums as may be 
necessary, not exceeding, in the aggregate, two hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Marblehead Water 
Loan, Act of 1951. 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 here- 
under shall be in excess of the statutory limit of indebted- 
ness, but shall, except as herein provided, be subject to the 
provisions of chapter forty-four of the General Laws. 

Section 4. Action taken under this act at the annual 
town meeting held in the current year shall be as effective 
as though this act had been in full force and effect at the 
time the warrant for said meeting was posted. 

Section 5. This act shall take effect upon its passage. 
Approved March 12, 1951. 

An Act authorizing the town of Norwood to pay a Chap. 127 
SUM of money to willem goos. 

Be it enacted, etc., as follows: 

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

Section 2. This act shall take effect upon its passage. 
Approved March 12, 1951. 

An Act requiring the city of Northampton to repay Chav.\2^ 
to certain permanent members of its fire and police 
departments the contributions made by them to 
the contributory retirement systems of said city, 
and establishing the retirement rights of such 

MEMBERS. 

Be it enacted, etc., as follows: 

Section 1. The retirement board of the city of North- 
ampton is hereby authorized and directed to repay to James 
Ryan, Edward Cramer, William Brisbois and Charles N. 
Harlow, all permanent firemen of said city, and Raymond 
Goodrow, Paul McHugh, Michael Shea and Arthur Chagnon, 



120 



Acts, 1951. — Chaps. 129, 130. 



all permanent policemen of said city, all deductions with- 
held from their wages as such firemen and policemen on 
account of the membership of each of the aforesaid firemen 
and policemen in the contributory retirement system, 
together with accumulated interest thereon, and the names 
of said firemen and pohcemen shall be stricken from the 
rolls of the retirement board of said city as members of said 
retirement system. Each of the aforesaid firemen and 
policemen shall be entitled to the benefits of pension or 
retirement allowances provided for under sections eighty 
to ninety A, inclusive, of chapter thirty-two of the General 
Laws. 

Section 2. Nothing in this act shall affect any retire- 
ment rights which any fireman or policeman mentioned 
in section one may have under the law relating to the retire- 
ment of veterans in the public service. 

Section 3. This act shall take effect upon its passage. 
Approved March 12, 1951. 



Chap. 12^ An Act relative to the investments of domestic 

INSURANCE companies. 

Be it enacted, etc., as follows: 

The first sentence of paragraph 7 of section 63 of chapter 
175 of the General Laws, as appearing in chapter 188 of the 
acts of 1945, is hereby amended by striking out, in line 4, the 
words "for a term of ninety-nine years or more", — so as 
to read as follows : — In loans upon improved and unencum- 
bered real property in any state of the United States or in 
the District of Columbia, and upon leasehold estates in 
improved real property where fifty years or more of the 
term is unexpired and where unencumbered except by 
rentals accruing therefrom to the owner of the fee, and 
where the mortgagee is entitled to be subrogated to all the 
rights under the leasehold. Approved March 12, 1951. 



G. L. (Ter. 
Ed.), 175, 
§ 63, etc., 
amended. 



Investments 
of capital and 
reserves of 
domestic 
insurance 
companies. 



C/iap.lSO An Act further regulating the procuring of insurance 

BY special insurance BROKERS FROM UNLICENSED INSUR- 
ANCE COMPANIES. 

Be it enacted, etc., as follows: 

The fourth sentence of section 168 of chapter 175 of the 
General Laws, as appearing in section 2 of chapter 347 of 
the acts of 1950, is hereby amended by inserting after the 
word "twenty-five", in hne 26, the following: — and has 
satisfied the commissioner that its officers and directors 
are of good repute and competent to manage an insurance 
company and that the management of the company is 
carrying out its insurance contracts in good faith and has 
filed with the commissioner an examination report of the 
affairs of the company completed within the previous three 
years and made by the proper supervisory official of its 
home state. Approved March 12, 1951. 



G. L. (Ter. 
Ed.), 175, 
§ 168, etc., 
amended. 

Special insur- 
ance brokers. 



Acts, 1951. — Chaps. 131, 132. 121 



An Act relative to approval and contents of life Chav.131 

INSURANCE POLICIES. 

Be it enacted, etc., as follows: 

Section 132 of chapter 175 of the General Laws, as most g^^- [J^^- 
recently amended by section 6 of chapter 227 of the acts of § 132, etc., 
1943, is hereby further amended by striking out provision *°'®'' ^ ' 
10, as appearing in the Tercentenary Edition, and inserting 
in place thereof the following: — 

10. In case the proceeds of a policy are payable in instal- poifcies?" 
ments or as an annuity, a table showing the amounts of approval, 
instalments and annuity payments. If a policy contains a ""^ ""^ ^' 
table or tables of payments with respect to two or more al- 
ternative annuities involving life contingencies, this pro- 
vision shall not preclude an additional or supplementary 
optional annuity or annuities involving life contingencies 
without such a table, or without a complete table, if the 
policy contains a provision that the amounts of the pay- 
ments under such additional or supplementary annuity or 
annuities may be obtained upon application to the company 
at any time that such amounts are determinable under the 
terms of the policy. Approved March 12, 1951. 



An Act increasing the total death benefits on the (JJkjj) 132 

LIVES OF children PAYABLE BY CERTAIN FRATERNAL 
benefit SOCIETIES. 

Be it enacted, etc., as follows: 

Chapter 176 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 23, as most recently amended by chap- f 23,'eVa.' 
ter 216 of the acts of 1949, and inserting in place thereof the amended, 
following section : — Section 2S. Any society operating on Certain death 
the lodge system may provide in its constitution and by-laws, paylbil by 
in addition to other benefits provided for therein, for the [j'^^gg^*^ 
payment of death, endowment or annuity benefits upon the societies. 
hves of children less than eighteen years of age, and may 
loan upon the security of the value of certificates of such 
benefits a sum not exceeding the legal reserve which it is 
required to maintain thereon. Any such society may at its 
option organize and operate branches for such children, and 
membership in local lodges and initiation therein shall not 
be required of such children, nor shall they have any voice 
in the management of the society. The total death benefits 
payable as above provided shall in no case exceed the fol- 
lowing amounts at ages at next birthday after death, re- 
spectively, as follows: — one, two hundred dollars; two, 
four hundred dollars; three, six hundred dollars; four, eight 
hundred dollars; five, one thousand dollars; six to eighteen 
years, two thousand dollars. Approved March 12, 1951. 



122 Acts, 1951. — Chap. 133. 



Chap. ISS An Act establishing the lanesborough garden circle 

SEWER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Lanesborough, 
Hable to taxation in said town and residing within the terri- 
tory comprised within the following boundary lines, to wit: 
Beginning at a point at the intersection of the Pittsfield- 
Lanesborough boundary line and the easterly line of the 
state highway, Route 7, sometimes known as South Main 
street in the town of Lanesborough; thence running in a 
general westerly direction along the southerly boundary 
line of the town of Lanesborough to the easterly line of 
Pontoosuc lake; thence northerly along the easterly line of 
Pontoosuc lake to the northerly line of the land of Baker; 
thence easterly along said northerly line of the land of Baker 
to the westerly line of said state highway; thence easterly in 
a line parallel with the southerly boundary line between 
Lanesborough and Pittsfield across said highway five hun- 
dred feet to a point; thence southerly in a line parallel to 
the easterly line of the state highway to a point on the 
northerly line of land shown on map or plan of Pontoosuc 
gardens, made by Ernest W. Branch, C.E., for Jacob W. 
Wilbur, dated July 1912 and recorded in Northern Berkshire 
Registry of Deeds; thence in a general easterly direction 
along the northerly line of said Pontoosuc gardens to a point 
at the northeast corner thereof, said point being the north- 
easterly corner of lot number 672 as shown on said plan; 
thence southerly, or southwesterly, along the easterly line of 
said Pontoosuc gardens to the Lanesborough-Pittsfield 
boundary line; also being the southeast corner of lot num- 
ber 668 as shown on said plan; thence westerly along said 
Lanesborough-Pittsfield boundary line to the point of be- 
ginning, shall constitute a sewer district and are hereby 
made a body corporate by the name of the Lanesborough 
Garden Circle Sewer District, hereinafter called the district, 
for the purpose of laying out, constructing, maintaining and 
operating a system of common sewers for a part or the whole 
of the territory herein described, with such connections and 
other works as may be required for a system of sewage 
disposal, and may construct such sewers in said district as 
may be necessary; and for the purpose of assessing and 
raising taxes as provided herein for the payment of such 
services, and for defraying the necessary expenses of carrying 
on the business of said district, subject to all general laws 
now or hereafter in force relating to such districts, except 
as otherwise provided herein. The district shall have the 
power to prosecute and defend all actions relating to its 
property and affairs. 

Section 2. For the purposes aforesaid, the district, act- 
ing by and through its board of sewer commissioners here- 
inafter provided for, may enter into an agreement with the 



Acts, 1951. — Chap. 133. 123 

city of Pittsfield, acting through its mayor and city council, 
for the discharge of sewage from the district into the sewer- 
age system of the said city, and the city in accordance with 
such agreement shall receive and treat the sewage of the dis- 
trict, and the district shall pay such proportion of the cost 
of the sewerage works of the city and such annual charges 
for the transportation and treatment of the sewage as shall 
be mutually agreed upon by the district and the city. If 
the district and the city shall be unable to agree as to the 
proper and just sum or sums which shall be paid by the dis- 
trict to the city, either party may petition the supreme ju- 
dicial court, which shall appoint three commissioners to de- 
termine the compensation, subject to the approval of the 
court. Such compensation may consist of a sum in gross or 
yearly payments to be made to the city as said commis- 
sioners, appointed by the court, or a majority of them, after 
acceptance of their findings by the court, shall decide. 

Section 3. 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 sewer commissioners, shall be called 
on petition of ten or more legal voters therein, by warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a 
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 the majority of the voters present and voting 
thereon by ballot it shall thereupon take full effect, and the 
meeting may then proceed to act on the other articles in the 
warrant. After the qualification of a majority of the sewer 
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 4. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same 
meeting at which this act shall have been accepted, or there- 
after, at an annual meeting or at a special meeting called for 
the purpose, three persons, inhabitants of and voters in said 
district, to hold office, one until the expiration of three years, 
one until the expiration of two years, and one until the ex- 
piration of one year, from the day of the next succeeding an- 
nual district meeting, to constitute a board of sewer commis- 
sioners; 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. 



124 Acts, 1951.— Chap. 133. 

The date of the next annual meeting shall be fixed by by-law 
or by vote of the board of sewer commissioners, but in no 
event shall it be later than fifteen months subsequent to the 
date on which the sewer commissioners were first elected. 
All the authority granted to said district by this act, except 
section nine, and not otherwise specifically provided for, 
shall be vested in said board of sewer commissioners, who 
shall be subject, however, to such instructions, rules and 
regulations as the district may by vote impose. At the 
meeting at which said sewer commissioners are first elected 
and at each annual district meeting held thereafter, the dis- 
trict 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 
sewer commissioner, and shall give bond to the district in 
such an amount as may be approved by said sewer com- 
missioners and with a surety company authorized to trans- 
act business in the commonwealth as surety. A majority of 
said sewer 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 sewer works except upon a writ- 
ten order of said sewer commissioners or a majority of them. 

Section 5. Said board of sewer commissioners, acting for 
and on behalf of the district, may take by eminent domain, 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, any lands, water rights, rights of 
way or easements, public or private, in the district, necessary 
for accomplishing any purpose mentioned in this act, and 
may construct such sewers under or over any bridge, railroad, 
railway, boulevard or other public way, or within the location 
of any railroad, and may enter upon and dig up any private 
land, public way or railroad location, for the purpose of lay- 
ing such sewers and of maintaining and repairing the same, 
and may do any other thing proper or necessary for the pur- 
pose of this act; provided, that they shall not take in fee any 
land of a railroad corporation, and that they shall not enter 
upon or construct any sewer within the location of any rail- 
road corporation except at such time and in such manner as 
they may agree upon with such corporation, or, in case of 
failure to agree, as may be approved by the department of 
public utilities. Any person injured in his property by any 
action of said board of sewer commissioners under this act 
may recover damages from said district under said chapter 
seventy-nine. 

Section 6. Until the board of sewer commissioners has 
first been elected as provided in this act, but not in any event 
later than the second annual meeting after the commence- 
ment of the work of construction authorized hereby, the 
district may carry on such work by a duly authorized com- 
mittee of the district. The committee shall serve without 
pay and shall have all the power and authority given to the 



Acts, 1951. — Chap. 133. 125 

board of sewer commissioners in this act or by general law. 
Whenever the phrase "said board of sewer commissioners" 
or "said board" herein occurs, it shall mean and include the 
board of sewer commissioners, or the committee of the dis- 
trict provided for in this section, as the case may be. 

Section 7. The district shall, by vote, determine what 
proportion of the cost of said system or systems of sewerage 
and sewage disposal the district 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 district may avail itself 
of any or all of the methods permitted by the General Laws 
for towns, including the establishing of just and equitable 
annual charges as authorized by section sixteen of chapter 
eighty-three thereof, and the provisions of said General Laws 
relative to the assessment, apportionment, division, reassess- 
ment, abatement and collection of sewer assessments, to liens 
therefor and to interest thereon shall apply to assessments 
made under this act. At the same meeting at which it de- 
termines the proportion of the cost which is to be borne by 
the district, 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 district shall certify the 
payment or payments of such assessments or apportionments 
thereof to the sewer commissioners, who shall preserve a 
record thereof. 

Section 8. The district clerk shall certify all appro- 
priations voted by the district to the assessors of the town 
of Lanesborough 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; pro- 
vided, that no estate shall be subject to any tax assessed on 
account of the system of sewerage under this act, if, in the 
judgment of the board of sewer commissioners herein pro- 
vided for, after a hearing, due notice whereof shall have 
been given, such estate is so situated that it will receive no 
aid from the said sewerage system, or if such estate is so 
situated that the buildings thereon, or the buildings that 
might be constructed thereon, could not be connected with 
the said system in any ordinary or reasonable manner; but 
all other estates in the district shall be deemed to be benefited 
and shall be subject to such tax. A certified list of the 
estates exempt from taxation under the provisions of this 
section shall annually be sent by said board of sewer com- 
missioners to said assessors. The assessment shall be com- 
mitted to the town collector of taxes, who shall collect said 
tax in the manner provided by law for the collection of town 
taxes, and shall deposit the proceeds thereof with the district 
treasurer for the use and benefit of the district. The dis- 
trict may collect interest on overdue taxes in the manner in 
which interest is authorized to be collected on town taxes. 

Section 9. For the purpose of paying the necessary 



126 Acts, 1951. —Chap. 133. 

expenses and liabilities incurred under this act, the district 
may from time to time, within five years after the passage of 
this act, borrow such sums as may be necessary, not exceed- 
ing, in the aggregate, ninety thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Lanesborough Garden Circle Sewerage Loan, 
Act of 1951. Each authorized issue shall constitute a sep- 
arate loan, and such loans shall be payable in not more 
than thirty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as provided herein, be subject to chapter 
forty-four of the General Laws. 

Section 10. The receipts from sewer assessments, charges, 
rates and taxes shall be applied to the payment of charges 
and expenses incident to the maintenance and operation of 
said system of sewerage and sewage disposal or to the exten- 
sion 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 11. Said board of sewer commissioners may 
annually appoint a superintendent of sewers who shall not 
be a member of the board, and shall define his duties. It 
may remove the superintendent at its pleasure. 

Section 12. All contracts made by the board of sewer 
commissioners shall be made in the name of the district, 
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 
district therefor. 

Section 13. Said board may, from time to time, pre- 
scribe rules and regulations for the connection of estates 
and buildings with sewers, and for inspection of the materials, 
the construction, alteration and use of all connections enter- 
ing into such sewers, and ma}'' prescribe penalties, not 
exceeding twenty dollars, for each violation of any rule or 
regulation. Such rules and regulations shall be published at 
least once a week for three successive weeks in some news- 
paper published in the town of Lanesborough, if there be 
any, and if not, then in some newspaper published in the 
county of Berkshire, and shall not take effect until such 
publications have been made. 

Section 14. No act shall be done under authority of the 
preceding sections, except in the making of surveys and other 
preliminary investigations, until the plans for said system of 
sewerage and sewage disposal have been approved by the 
state department of public health. Upon 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. 

Section 15. Upon a petition in writing, addressed to 
said board of sewer commissioners, requesting that certain 



Acts, 1951. — Chaps. 134, 135. 127 

real estate, accurately described therein, located in said town 
and not otherwise served by a suitable means of sewage dis- 
posal, be included within the limits thereof, and signed by the 
owners of such real estate, or a majority thereof, said sewer 
commissioners shall cause a duly warned meeting of the dis- 
trict 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 16. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the terri- 
tory included within said district described in section one 
of this act, present and voting thereon by use of a check hst 
at a district meeting called in accordance with section three, 
and upon its acceptance by the city council of the city of 
Pittsfield, within five years of its passage. 

Approved March 12, 1951. 

An Act relative to sentences to the reformatory rii.r,j. \oa 

FOR women for the CRIME OF LEWD AND LASCIVIOUS ^' 

COHABITATION AND FOR THE CRIME OF LARCENY. 

Be it enacted, etc., as follows: 

Chapter 279 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 18, as amended by chapter 516 of the f ig^;^^' 
acts of 1947, and inserting in place thereof the following amended.' 
section: — Section 18. A female sentenced to the reforma- Terms of 
tory for women for larceny of property of a value exceeding reFormaTory 
one hundred dollars, or for any felony except adultery and for women, 
lewd and lascivious cohabitation, may be held therein for 
not more than five years unless she is sentenced for a longer 
term, in which case she may be held therein for such longer 
term ; if sentenced to said reformatory for any other offence, 
including larceny of property of a value not exceeding one 
hundred dollars, adultery or lewd and lascivious cohabita- 
tion, she may be held therein for not more than two years. 

Approved March 12, 1961. 

An Act providing for a conference before discontin- nhn^ 135 

UANCE OF PAYMENTS UNDER THE WORKMEN'S COMPENSA- ^' 

TION LAW. 

Be it enacted, etc., as follows: 

Section 29 of chapter 152 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 471 of the acts of 1949, is fiilto.', 
hereby further amended by striking out the third sentence amended. 
and inserting in place thereof the following : — When com- conference 
pensation shall have begun it shall not be discontinued ex- before dis- 



128 Acts, 1951. — Chaps. 136, 137, 138, ; 

■i 

continuance cept with the Written assent of the employee. In other J 
ofpaymentB. ^3,868 the insurer shall file written application for approval • 
of discontinuance of compensation with recent medical re- ] 
port in support thereof or stating such other reason which ' 
may justify such discontinuance, and such approval shall ; 
only be given by the department or a member thereof after I 
a conference at which the employee may be present or « 
represented by counsel. Failure of an employee to appear ' 
at such a conference after due notice thereof or report for ' 
examination by an impartial examiner if requested by a ■; 
member or employee of the department, may be deemed ;J 
sufficient cause for approval of the discontinuance of com- \ 
pensation; provided, that such compensation shall be paid i 
in accordance with section thirty-five if the employee in fact ' 
earns wages after the original agreement or decision is filed. 

Approved March 12, 1951. ! 

CAap.136 An Act authorizing the city of taunton to pay a cer- i 

TAIN SUM OF MONEY TO ELMER R. COOK. ', 

Be it enacted, etc., as follows: 

Notwithstanding any provision of section ninety-one of i 

chapter thirty-two of the General Laws, the city of Taunton j 

is hereby authorized to pay to Elmer R. Cook, a retired i 

employee of its water department, the sum of three hundred ' 

and thirty dollars and eighty-seven cents for work performed i 

as an engineer in said department. \ 

Approved March 12, 1951. '\ 
_ __ I 

Chap. 1S7 An Act authorizing the town of franklin to retire ^ 

AND PAY A PENSION TO CHARLES W. ANDERSON. i 

Be it enacted, etc., as follows: ] 

Section 1. For the purpose of promoting the public i 
good and in consideration of meritorious service, the town of ; 
Franklin is hereby authorized to retire and pa}^ a pension to ■ 
Charles W. Anderson, a veteran of World War I and former ; 
town auditor, who is totally and permanently disabled for ! 
duty. The amount of such pension per annum shall equal \ 
one half of the annual salary received by him at the time of 
his termination of service and shall be paid in equal monthly 
installments. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the voters of the town of Franklin at a town < 
meeting. Approved March 12. 1951. 



Chap. 1S8 An Act providing that the casualty and surety rate 
regulatory law shall apply to credit insurance. 

Be it enacted, etc., as follows: 
G. l. (Ter. Section 4 of chapter 175A of the General Laws, as appear- 

fV'ftJ.^^' ing in section 1 of chapter 641 of the acts of 1947, is hereby i 
amended. amended bj'^ inserting after the word "ninth", in line 6, the 



Acts, 1951. — Chaps. 139, 140. 129 

word: — , tenth, — so that the first paragraph will read as 
follows: — This chapter shall apply to risks and operations Application, 
in this commonwealth insured by insurance companies au- 
thorized to transact business in this commonwealth under 
subdivisions (d), (e) and (/) of the second clause, under the 
third, fourth, and fifth clauses, under subdivisions (b), and 
(c) of the sixth clause, and under the seventh, eighth, ninth, 
tenth and twelfth clauses of section forty-seven of chapter 
one hundred and seventy-five, and shall not apply to rein- 
surance, other than joint reinsurance to the extent stated 
in section thirteen of this chapter, insurance against loss of 
or damage to aircraft or against liability arising out of the 
ownership, maintenance or use of aircraft, nor to compulsory 
motor vehicle liability insurance. 

Approved March 12, 1951. 

An Act authorizing the town of rockland to use cer- Qhnr) 1 39 

TAIN PARK LAND FOR SCHOOL PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Rockland is hereby authorized 
to use such portion of Memorial Park located therein as the 
town by vote passed within five years after the passage of 
this act shall determine, for the erection of a public school 
building and for other school uses, and for all purposes inci- 
dental 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 March I4, 1951. 

An Act to authorize the tow^ of north brookfield to phnr) 140 
borrow money for enlarging and improving the ^' 

water supply system. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of enlarging and improving 
the water supply system, including the laying of a pipe line 
to North pond, swamp drainage and major repairs to the 
existing system, the town of North Brookfield 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, sixty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, North Brookfield Water Loan, Act of 1951. 
Each authorizefl issue shall constitute a separate loan, and 
such loans shall be paid in not more than thirt,y years from 
their dates. Indebtedness incurred under this act shall be 
subject to chapter forty-four of the General Laws, inclusive 
of the limitation contained in the last paragraph of section 
eight thereof. 

Section 2. Action taken under this act at the annual 
town meeting held in the current year shall be as effective as 



130 Acts, 1951. — Chaps. 141, 142. 

though this act had been in full force and effect at the time 
the warrant for said meeting was posted. 
Section 3. This act shall take effect upon its passage. 
Approved March 14, 1951. 



Chap. 14:1 An Act authorizing the town of canton to reimburse 

FR.\NK LOSORDO & SON, INC. FOR MONEY EXPENDED IN 
connection with the CONSTRUCTION OF WATER WORKS 
IN SAID TOWN. 

Be it enacted, etc., as follows. • 

Section 1. The town of Canton is hereby authorized to 
appropriate the sum of eighty-eight hundred and thirty-two 
dollars and fifty-three cents and pay the same to Frank 
Losordo & Son, Inc., in full settlement of its claim against 
said town for reimbursement on account of money expended 
by said corporation in connection with the construction of 
water works in Highland street and Pondview street; pro- 
vided, that no payment shall be made hereunder unless and 
until said corporation shall have released to said town by 
proper instrument or instruments all right, title and interest 
said corporation may have in said works. 

Section 2. For the purpose of meeting the appropriation 
authorized by section one, said town may borrow a sum not 
exceeding eighty-eight hundred and thirty-two dollars and 
fifty-three cents and may issue notes of the town therefor, 
payable in not more than five years. Indebtedness incurred 
under authority of this act shall be subject to the applicable 
provisions of chapter forty-four of the General Laws and 
shall be within the debt limit fixed for water loans under said 
chapter. 

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

Section 4. This act shall take effect upon its passage. 
Approved March 1^, 1951. 



Chap. 14:2 An Act authorizing the town of needham to rein- 
state timothy l. coughlin, a former member of the 

FIRE department OF SAID TOWN, FOR THE SOLE PUR- 
POSE OF BEING RETIRED. 

Be it enacted, etc., as follows: 

For the purpose of promoting the public good and in 
consideration of the meritorious service heretofore per- 
formed for the town of Needham by Timothy L. Coughlin, 
a former member of the fire department of said town, who 
was injured in the performance of his duties on a date prior 
to the adoption by said town of a retirement system for its 
employees, said town is hereby authorized to reinstate said 



i 



Acts, 1951. — Chap. 143. 131 



Coughlin for the sole purpose of being retired; and, upon 
such reinstatement, said Coughlin shall be reinstated to 
membership in the Needham contributory retirement sys- 
tem, and the contributory retirement board of said town is 
hereby authorized to retire said Coughlin, as of July first, 
nineteen hundred and fifty, for accidental disability, under 
the provisions of section seven of chapter thirty-two of the 
General Laws in effect on said date. 

Approved March 14, 1951. 



An Act relating to the duties of fence viewers. (7/iao.l43 
Be it enacted, etc., as follows: 

Section 1. Section 29 of chapter 49 of the General £^^49!' 29 
Laws, as appearing in the Tercentenary Edition, is hereby amended. 
amended by striking out, in lines 4 to 7, inclusive, the 
words: — " ; but if the beasts were lawfully on the adjoin- 
ing lands and escaped therefrom through neglect of the 
person injured to maintain his part of the division fence the 
owner shall not be hable nor the beasts distrained", — so 
as to read as follows: — Section 29. If a person is injured bjaste doing 
in his land by horses, mules, asses, neat cattle, sheep, goats damage. 
or swine, he may recover his damages in an action against 
the owner of the beasts or by distraining the beasts doing 
the damage and proceeding therewith as hereinafter di- 
rected. 

Section 2. Section 10 of said chapter 49, as so appearing, g. l. (Ter. 
is hereby amended by inserting after the word "severalty", ^mend^.^ ^^ 
in line 3, the words: — , and both occupants are in possession 
of beasts which would be restrained by the erection of a 
fence dividing the parts of each occupant, — so as to read 
as follows: — Section 10. If land belonging to two persons improved 
in severalty has been occupied in common without a parti- mon*^th^'t 
tion fence, and one of the occupants desires to occupy his fg*^*^'°\ 
part in severalty, and both occupants are in possession of be divided, 
beasts which would be restrained by the erection of a fence 
dividing the parts of each occupant, and the other occupant 
refuses or neglects on demand to divide the line where the 
fence ought to be built, or to build a sufficient fence on his 
part of the line when divided, the party desiring it may 
have the same divided and assigned by the fence viewers in 
the manner provided in this chapter; and the fence viewers 
may in writing assign a reasonable time, having regard to 
the season, for making the fence; and if the occupant 
complained of does not make his part of the fence within the 
time so assigned, the other party may, after having made 
up his part of the fence, make up the part of such occupant, 
and recover therefor double the sum total of the expense 
thereof and fees, as provided in section five. 

Approved March I4, 1951. 



132 Acts, 1951. — Chaps. 144, 145, 146. 



C/iap. 144 An Act relative to the salary of the mayor of the 

CITY OF BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Brockton shall re- 
ceive for his services such salary as the city council shall by 
ordinance determine, not exceeding seventy-pye hundred 
dollars per annum, notwithstanding the provisions of sec- 
tion sixty-two of chapter forty-three of the General Laws. 

Section 2. There shall be placed upon the official ballot 
to be used at the biennial municipal election in said city in 
the current year the following question: — "Shall the mayor 
of this city receive for his services such salary as the city 
council by ordinance may determine, not exceeding seventy- 
five hundred dollars?" 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 March I4., 1951. 

Chap. 145 An Act relative to the quota of licenses that may 
be issued in cities and towns for the sale of alco- 
holic beverages. 
Be it enacted, etc., as follows: 
G. L. (Ter. Scction 17 of chapter 138 of the General Laws is hereby 

uVl'iS amended by striking out the next to the last paragraph, as 
amended. ^^^^^ recently amended by chapter 222 of the acts of 1950, 

and inserting in place thereof the following paragraph: — 
N^^^rof Notwithstanding the provision^ hereof, no quota estab- 

lished hereunder for any city or town shall be decreased be- 
cause of any loss in population. 

Approved March 14, 1951. 



Chav.lA& An Act relative to the south essex sewerage 

district. 

Be it enacted, etc., as follows: 

Section 3 of chapter 431 of the acts of 1945, as most re- 
cently amended by chapter 183 of the acts of 1950, is hereby 
further amended "by striking out, in line 30 as appearing in 
section 1 of chapter 168 of the acts of 1948, the word "fifty" 
and inserting in place thereof the word: — fifty-three, -;- 
so that the fourth sentence will read as follows: — Until 
such construction and other work is completed and the 
total cost thereof ascertained, to meet the cost of such con- 
struction and other work, said treasurer, with the approval 
of the board, may from time to time make temporary loans 
for not more than one year, and may temporarily refund or 
may renew the same from time to time; provided, however, 
that no such temporary loan or temporary refunding or re- 
newal thereof shall mature later than December thirty-first, 
nineteen hundred and fifty-three. 

Approved March 14, 1951 . 



Acts, 1951. — Chaps. 147, 148. 133 

An Act relative to the payment of annuities to de- Chap. 14:7 

PENDENTS OF CERTAIN PUBLIC EMPLOYEES KILLED OR 
DYING FROM INJURIES RECEIVED OR HAZARDS UNDERGONE 
IN THE PERFORMANCE OF DUTY. 

Whereas, The deferred operation of this act would tend J^eamWe^^ 
to defeat its purpose which, in part, is to make the benefits 
provided thereby available without delay to the persons 
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. ■ 

Section 1. Section 89 A of chapter 32 of the General g^J ger. 
Laws, as most recently amended by chapter 757 of the acts § sqa, etc., 
of 1950, is hereby further amended by inserting after the *"'®'' " ' 
word "death" in line 51, as appearing in chapter 552 of the 
acts of 1948, the words : — if such annual rate of compensa- 
tion was more than fifteen hundred dollars, — so that the Annuitiea to 
third sentence will read as follows: — The total amount of dnlTn ^public 
all such annuities shall not, except as hereinafter provided, ^^i^lf^^®^ 
exceed the annual rate of compensation received by such dying from 
deceased person at the date of his death if such annual rate cei^d^in^ 
of compensation was more than fifteen hundred dollars. Sfiuty ^"''^ 

Section 2. Annuities payable under section eighty- 
nine A of said chapter thirty-two of the General Laws prior 
to the effective date of this act shall, on and after said effec- 
tive date, be payable subject to the provisions of said section 
eighty-nine A, as amended by section one of this act. 

Approved March 15, 1951. 

An Act authorizing the waiver of certain requirements Qjidj)^ 148 

OF LAW PERTAINING TO WRITTEN CONSENTS TO PETITIONS 
FOR THE ADOPTION OF CHILDREN. 

Whereas, The deferred operation of this act would tend pp'^^mbie^^ 
to defeat its purpose, which is to provide for the immediate 
exercise of the power granted therebj'^, 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: 

A judge of probate may, for good cause shown, waive the 
requirement set forth in section two of chapter two hundred 
and ten of the General Laws, as amended by section one of 
chapter seven hundred and thirty-seven of the acts of nine- 
teen hundred and fifty, that the written consent to a petition 
for the adoption of a child shall be dated and, if relating to a 
child under one year of age, attested before a notary public 
or justice of the peace, where such written consent was 
obtained without being so dated and attested prior to the 
effective date of said chapter seven hundred and thirty- 
seven; provided, however, that such assent conformed to the 
then existing law and was obtained after the birth of the child. 

Approved March 15, 1951. 



134 



Acts, 1951. — Chaps. 149, 150. 



Chap. 



149 An Act authorizing cities and towns to make appro- 
priations FOR THE PAYMENT OF EXPENSES INCURRED BY 
CERTAIN MUNICIPAL OFFICERS AND EMPLOYEES IN ATTEND- 
ING STATE POLICE SCHOOLS. 

?r™ambre7 Wkereas, The deferred operation of this act would tend 

to defeat its purpose, which is to authorize cities and towns 
to make an appropriation for the payment of expenses of 
poHce officers attending training schools conducted by the 
commissioner of public safety, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public safety and convenience. 

Be it enacted, etc., as follows: 

Ed^'iol's Clause (34) of section 5 of chapter 40 of the General Laws, 
etc!. 'amended, as appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word "department", in line 4, the 
words: — , including attendance at state police schools 
conducted by the department of public safety, — so as to 
read as follows: — 

(34) For the necessary expenses of municipal oflficers and 
employees of any particular department incurred outside 
the commonwealth in securing information upon matters 
in which the city or town is interested or which may tend 
to improve the service in such department, including at- 
tendance at state police schools conducted by the department 
of public safety, if such appropriation is specified to be and 
is limited to such expenses incurred as aforesaid. Such 
expenses may also be incurred anyivhere within the common- 
wealth and in such case shall be chargeable against any 
appropriation made for the ordinary maintenance of the 
department incurring the same. Approved March 15, 1951 . 



Power to 
make appro- 
priations. 



Chap. 150 An Act authorizing the town of wakefield to borrow 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 70 of the acts of 1950 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . For the purpose 
of acquiring land for and constructing additions to existing 
school buildings, and for constructing additional school 
buildings and originally equipping and furnishing said 
additions and additional school buildings, the town of Wake- '1 
field may borrow, from time to time, within a period of five I 
years from the passage of this act, such sums as may be Ij 
necessary, not exceeding, in the aggregate, two million, 
seven hundred thousand dollars, and may issue bonds or j| 
notes of the town therefor which shall bear on their face the j; 
words, Wakefield School Loan, Act of 1950. Each au- Ij 
thorized issue shall constitute a separate loan and such j, 
loans shall be paid in not more than twenty years from their jj 
dates. Indebtedness incurred under this act shall be in | 



Acts, 1951. — Chaps. 151, 152, 153. 135 

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 para- 
graph of section seven thereof. 

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

Section 3. This act shall take effect upon its passage. 
Approved March 15, 1951. 

An Act authorizing the city of medford to pay a sum nhn^j 1 51 

OF money to LAWRENCE J. LEWIS. ^' 

Be it enacted, etc., as follows. • 

Section 1, For the purpose of discharging a moral obU- 
gation, the city of Medford may appropriate and pay to 
Lawrence J. Lewis the sum of five hundred and sixty-seven 
dollars to reimburse him for expenses of medical care and 
hospital expenses incurred by him on account of injuries 
sustained on March twenty-ninth, nineteen hundred and 
fifty, by his minor son, Donald Joseph Lewis, on or about the 
premises of the Curtis school in said city. 

Section 2. This act shall take effect upon its passage. 
Approved March 15, 1951. 

A.N Act relative to the hours of duty of permanent nh^j. 1 co 

EMPLOYEES OF SUFFOLK COUNTY JAIL. K.fia'p.lO 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of 
general or special law, the service of all employees of the 
Suffolk county jail shall be restricted to five days and to forty 
hours in any one week; provided, that, in cases of emer- 
gency, service in excess of five days or such forty hours may 
be authorized by the sheriff of said county, and such addi- 
tional service shall be compensated for as overtime. The 
compensation payable to any such employee shall not be 
reduced by reason of the provisions of this act. 

Section 2. This act shall take effect upon its passage. 
Approved March 15, 1951. 



ChapAdS 



An Act pertaining to applications for absent voters 
who by reason of physical disability are unable 
to cast their vote in person at the polling place 
on the day of the election. 

Be it enacted, etc., as follows: 

Section L Section 86 of chapter 54 of the General Laws, g. l. (Ter. 
as most recently amended by chapter 21 of the acts of 1950, flel'ett'., 
is hereby further amended by inserting before the word amended'.' 
"registered", in line 18, as appearing in section 1 of chapter 



136 



Acts, 1951. — Chaps. 154, 155. 



1 



Absent 
voters may 
vote, when. 



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



Preparation of 
absent voting 
ballots, appli- 
oationa, eto. 



466 of the acts of 1945, the word : — attending, — so as to 
read as follows : — Section 86. Any voter who on the day 
of the biennial state election is absent from the city or town 
where he is registered or who will be unable by reason of 
physical disability to cast his vote in person at the polling 
place, and whose application for an official absent voting 
ballot has been filed with the city or town clerk as provided 
in section eighty-nine, or with the state secretary, and certi- 
fied under section ninety-one, may vote in accordance with 
sections eighty-seven to one hundred and three, inclusive; 
provided, that a voter who is in a penal institution under 
sentence shall not be entitled or permitted to avail himself 
of the provisions of this and the seventeen following sections; 
and provided, further, that a voter who will be unable by 
reason of physical disability to cast his vote in person at the 
polling place shall file with the city or town clerk with his 
application for an official absent voting ballot a certificate 
executed by a registered physician, attending registered 
nurse, superintendent of a hospital or like institution or a 
practitioner of the Christian Science Church, stating that 
the voter will be unable by reason of physical disability to 
cast his vote in person at the polling place on the day of 
election. 

Section 2, Clause (6) of section 87 of said chapter 54 
is hereby amended by striking out the heading, "Certificate 
of Physician, Hospital Superintendent, Registered Nurse or 
Christian Science Practitioner", as appearing in section 2 
of said chapter 466, and inserting in place thereof the fol- 
lowing: — Certificate of Physician, Hospital Superintendent, 
Attending Registered Nurse or Christian Science Practitioner. 

Approved March 15, 1951. 



Chap .154: A.N Act relative to the investments of domestic in- 
surance COMPANIES. 

Be it enacted, etc., as follows: 

Section 63 of chapter 175 of the General Laws, as amended, 
is hereby further amended by inserting after paragraph 14 A, 
inserted by section 8 of chapter 266 of the acts of 1947, the 
following paragraph: — 

14B. In the shares of federal savings and loan associations 
having a usual place of business within the commonwealth, 
but not exceeding ten thousand dollars and accrued divi- 
dends thereon in the shares of any such association. 

Approved March 15, 1951. 



G. L. (Ter. 
Ed.), 175. 
§ 63, etc., 
amended. 



Investments 
of domestic 



Chap. 155 An Act relative to the use of the common and town 

LANDING PLACES IN THE TOWN OF DARTMOUTH. 

Be it enacted, etc., as follows: 

Section 1 of chapter 438 of the acts of 1947 is hereby 
amended by striking out, in lines 3 to 5, inclusive, the words 
"in such manner as will keep them free from encumbrances; 



Acts, 1951. — Chaps. 156, 157. 137 

and for that and other purposes mentioned in this act" and 
inserting in place thereof the words : — , and may, — so as 
to read as follows: — Section 1. The inhabitants of the 
town of Dartmouth shall have jurisdiction over all common 
and town landings therein, with power to govern, control 
and regulate them, and may make such by-laws and adopt 
such rules and regulations not inconsistent with the laws of 
the commonwealth as they shall deem proper to carry into 
effect the provisions of this act. The selectmen of said town 
shall have the immediate custody of said landings and the 
duty of enforcing such by-laws, rules and regulations as shall 
be made or adopted by the town. 

Approved March 15, 1951. 

An Act relative to cruelty to dogs. Chav 156 

Be it enacted, etc., as follows: 

Chapter 140 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 156, as amended by section 19 of chap- ftse.^et!;'.. 
ter 320 of the acts of 1934, and inserting in place thereof the amended. 
following section: — Section 156. Any person may kill a Dogs attack- 
dog which suddenly assaults him while he is peaceably stand- e^lfmly^be 
ing, walking or riding outside the enclosure of its owner or "-'i^ied. 
keeper; and any person may kill a dog found out of the en- 
closure of its owner or keeper and not under his immediate 
care in the act of worrying, wounding or killing persons, live 
stock or fowls, and if any person shall kill or attempt to kill 
a dog so found, and in the act of worrying, wounding or kill- 
ing persons, live stock or fowls, he shall not be held liable 
for cruelty to the dog unless it shall be shown that he in- 
tended to be cruel to the dog, or that he acted with a wanton 
and reckless disregard for the suffering of the dog. Prompt 
killing of a wounded dog, or a prompt report to the owner 
or to a dog officer of the wounding of the dog, shall be con- 
sidered evidence of sufficient regard for the suffering of the 
dog. Approved March 15, 1951. 

An Act providing that provisional promotions under QJkijj I57 

THE civil service LAWS TO OFFICES OR POSITIONS IN 
THE OFFICIAL OR LABOR SERVICE SHALL, UNDER CERTAIN 
CONDITIONS, BE CONSIDERED AS PART OF THE PROBATIONARY 
PERIOD TO BE SERVED IN SUCH OFFICES OR POSITIONS. 

Be it enacted, etc., as follows: 

Chapter 31 of the General Laws is hereby amended by in- g. l. (Ter. 
serting after section 15E, inserted by chapter 540 of the acts neJ'i^isF. 
of 1946, the following section: — Section 15F. Any person added. 
who is appointed to a permanent position after certification ^p^tmfnts. 
may, upon request of the appointing authority and the ap- etc., to certain 
proval of the director, be provisionally promoted prior to thelabor "* 
the completion of the probationary period to a position in ««'"^'=«- 
the next higher grade in the same department or division of 



138 



Acts, 1951. — Chaps. 158, 159. 



a department, if there is no suitable eligible list from which 
to certify. Such provisional promotion shall not be deemed 
to interrupt the serving of the probationary period or the 
period of eligibility for promotion required by this chapter 
in the office or position of the lower grade. 

Approved March 15, 1951. 



G. L. (Ter. 
Ed.), 159B, 
§ 11. etc.. 
amended. 

.Assignment 
and transfer 
of certificates, 
etc., of certain 



C/ia». 158 ^^ ^^'^ '^^ FURTHER CONTROL THE ASSIGNMENT AND TRANS- 
FER OF CERTIFICATES, PERMITS OR LICENSES FOR THE 
CARRIAGE OF PROPERTY BY MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

Section 11 of chapter 159B of the General Laws, as 
amended, is hereby further amended by adding at the end 
the following paragraph : — 

No person, firm, trust or corporation subject to the juris- 
diction of the department shall hereafter purchase, acquire, 
take or hold, directly or indirectly, any part of the capital 
stock of any motor carrier subject to the provisions of this 
chapter, nor shall any person or associated group of persons 
or any firm, trust or corporation, who or which is not subject 
to the jurisdiction of the department, acquire, take or hold, 
directly or indirectly, more than fifty per cent of the voting 
capital stock of a motor carrier subject to this chapter, unless 
authorized so to do by the department. No consent shall be 
given by the department to the acquisition as aforesaid unless 
it shall have been shown that such acquisition is consistent 
with the public interest, and if such consent is given in whole 
or in part the department may impose such terms and con- 
ditions as it shall deem to be in the public interest. Nothing 
herein contained shall be construed to prevent the holding of 
any stock heretofore lawfully acquired by a person, firm, 
trust or corporation, or, upon the surrender or exchange of 
said stock pursuant to an agreement of consolidation or 
merger or a reorganization plan, to prevent the purchase, 
acquisition, taking or holding of the voting capital stock of 
the new corporation organized pursuant to such agreement 
or plan to take over the property of any corporation whose 
stock has been thus surrendered or exchanged, or to prevent 
the purchase, acquisition, taking or holding of any further 
issue of stock, provided such further issue does not increase 
the proportion of voting capital stock held by such person, 
firm, trust or corporation, nor shall it apply to interstate 
carriers of property. Approved March 15, 1951. 



Chap. 159 A.N Act relative to property held by the city of boston 

FOR A specific PURPOSE AND NO LONGER USED FOR SUCH 
PURPOSE. 

Be it enacted, etc., as follows: 

Chapter 434 of the acts of 1943 is hereby amended by 
inserting after section 2 the following section: — Section 2 A. 
If land constituting the whole or any part of an estate held 



Acts, 1951.— Chap. 160. 139 

by the city for a specific purpose has on July first, nineteen 
hundred and fifty-one, ceased, or thereafter shall cease, to be 
used for such purpose, whether such land was acquired 
before or after the effective date of this section and whether 
acquired by eminent domain, purchase, gift, devise or other- 
wise, the board or officer having charge thereof shall, forth- 
with after said July first or the subsequent cessation of use, 
as the case may be, determine whether such land is any 
longer required for such purpose, and notify the city council 
of the city of its or his determination. Upon receipt of 
such notice, any provision of general or special law to the 
contrary notwithstanding, the city council, by a two thirds 
vote of all its members, may, with the approval of the mayor 
of the city, transfer the care, custody, management and 
control of such land to the chairman of the board; provided, 
that no such transfer shall be valid if it is in violation of any 
term or condition of the city's title to the land. Land 
transferred hereunder, or any portion thereof, or any interest 
therein, may, without further authority than that contained 
in this act, be let, leased, and sold by the chairman in the 
same manner as real estate referred to in section two; but 
the proceeds of the letting, lease or sale shall be disposed of 
as if there had been no transfer hereunder. This section 
shall not apply to any land or building subject to chapter 
two hundred and fifty-nine of the acts of nineteen hundred 
and six or to any land or building held by the city under a 
pubUc charitable trust or to any land or building originally 
acquired by the city for the purpose of a public park or of a 
public playground or recreation center. 

Approved March 15, 1951. 



An Act further to regulate the transfer of certifi- C/iaz>.160 

GATES ISSUED FOR CERTAIN COMMON CARRIERS OF PASSEN- 
GERS BY MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

The second paragraph of section 7 A of chapter 159 A of the g. l. (Ter. 
General Laws, inserted by chapter 449 of the acts of 1949. f ^i; ^^^^' 
is hereby amended by inserting before the word "firm", in ameiided.' 
line 5, the words : — any associated group of persons or 
any, — so that the fi-rst sentence will read as follows: — No Transfer of 
person, firm, trust or corporation subject to the jurisdiction fg^ued^fo^^oer- 
of the department shall hereafter purchase, acquire, take or ^^'"^"^^^jj^g^g 
hold, directly or indirectly, any part of the capital stock regSated^^"^*' 
of any carrier subject to the provisions of this chapter, nor 
shall any person, any associated group of persons or any 
firm, trust or corporation, who or which is not subject to 
the jurisdiction of the department, acquire, take or hold, 
directly or indirectly, more than fifty per cent of the voting 
capital stock of a carrier subject to this chapter, unless 
authorized so to do by the department. 

Approved March 15, 1951. 



140 Acts, 1951. — Chaps. 161, 162. 



C hap. IQl An Act making further exemptions from the law , 

RELATING TO CHARTER OR SPECIAL BUS SERVICE. 

Be it enacted, etc., as follows: 

Ed^i59A '^^^ third paragraph of section llA of chapter 159A of the 

" iiA, etc.,' General Laws is hereby amended by striking out the third 



ameni 



ded. 



sentence, as appearing in chapter 501 of the acts of 1950, 

"Charter and inserting in place thereof the following: — The terms 

"Ypecfai ^erv- "charter service" or "special service" shall not include the 

include certain Operation of a motor vehicle actually use(i for the transpor- 

motor vehicles, tation 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 public interest, or the operation 

of a motor vehicle actually used for the transportation of 

school children to and from school; provided, that the 

authorities of such school shall have entered into a written 

agreement with the owner of the motor vehicle for the 

furnishing of such transportation; or the operation of a 

motor vehicle so used and owned and operated by such 

authorities; 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 March 15, 1951. 



Chap.lQ2 An Act relative to the disposition of certain property 
OF certain patients and inmates at long island 

HOSPITAL IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Upon the death of a person who at any time 
during his life has been, or shall have been, a patient or 
inmate at the Long Island Hospital in the city of Boston, 
any money, goods or other property of such person in the 
possession of the commissioner of institutions of said city 
or any person claiming by, through or under such com- 
missioner, whether such money, goods or other property 
came into such possession before or after the death of the 
patient or inmate, shall be paid or delivered to the legal 
representative of the patient or inmate; provided, however, 
that if the value of such money, goods and other propertj^ 
does not exceed five hundred dollars and there has been no 
demand therefor by a duly appointed executor or adminis- 
trator, payment or delivery may be made, in the discretion 
of said commissioner, after the expiration of one month from 
the death of such patient or inmate, to the husband, widow 
or next of kin of such patient or inmate. Payments and 
deliveries made as provided in this act shall discharge the 
liability of said r-ity, said commissioner, and their servants 
and agents, to all persons with respect to such money, goods 
or other property. Nothing herein contained shall be con- 



Acts, 1951. — Chaps. 163, 164. 141 

strued to affect in any way anj'- right of the board of public 
welfare of said city under section thirty of chapter one 
hundred and seventeen of the General Laws. 

Section 2. This act shall take effect upon its passage. 
Approved March 21, 1951. 

An Act relative to the time within which petitions QJidp lg3 

FOR the administration OF ESTATES ARE REQUIRED 
TO BE FILED. 

Whereas, The deferred operation of this act would tend p^^mbiT^ 
to defeat its purpose, which in part is to make its provisions 
immediately applicable to the filing of jjetitions for the 
administration of estates, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 19-3 of the General Laws, g. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended fifiende^d.' ^ ^' 
by striking out, in line 2, the word "twenty" and inserting 
in place thereof the word : — fifty, — so as to read as follows : 

— Section 4. Administration shall not be originally granted not"iS''^*'°" 
after the expiration of fifty years from the death of the granted after 
testator or intestate, except in cases expressly authorized 'y^®"*- 
by law. 

Section 2. Section 5 of said chapter 193, as so appear- g. l. (Tw 
ing, is hereby amended by striking out, in line 2, the word amende^d.' ^' 
"twenty" and inserting in place thereof the word: — fifty, 

— so as to read as follows: — Section 5. If administration Exception. 
has not been taken on the estate of a testator or intestate 
within fifty years after his decease, and any property or 

claim or right thereto remains undistributed or thereafter 
accrues to such estate and remains to be administered, 
original administration may for cause be granted, but it 
shall affect no other property. Before granting such ad- 
ministration the court shall require the petitioner to furnish 
evidence of the death of the intestate and such other evidence 
as the court may require. In the absence of satisfactory 
evidence of death and of interest on the part of the petitioners, 
the probate court shall refer the matter to the attorney 
general, or to any district attorney, who shall investigate 
and report thereon for the advice and assistance of the court. 

Approved March 21, 1951. 

An Act validating the town election in the town of C/iap. 164 

TTNGSBOROUGH held in the current YEAR. 

Re it enacted, etc., as follows: 

Section 1. The town election of the town of Tyngs- 
borough, held on Febmary twelfth in the current year, and 
all acts and proceedings of said town and of its boards and 
officers and all acts of any other persons, in so far as said 



142 Acts, 1951. — Chaps. 165, 166. 

election, acts or proceedings may be illegal or invalid by 
reason of the fact that the warrant for said election did not 
state the time and place thereof, are hereby made legal and 
valid. 

Section 2, This act shall take effect upon its passage. 
Approved March 21, 1951. 



Chap. 165 An Act imposing the motor vehicle excise tax upon 

CERTAIN MOTOR VEHICLES OPERATED FOR HIRE ON DEALERS* 
REGISTRATION PLATES. 

Be it enacted, etc., as follows: 
G-jL.^Ter. Section 1 of chapter 60A of the General Laws, as most 

etc!, amended.' recently amended by chapter 731 of the acts of 1950, is 

hereby further amended by adding at the end the following 

paragraph : — 
fwti^n^^otTr Notwithstanding any provision of law to the contrary, 
vehicles. common carriers, including towing trucks operated for hire 

on dealers' registration plates, shall be subject to the excise 

imposed by tMs section. Approved March 21, 1951. 



Chap.lQQ An Act relative to advertising in labor disputes. 
Be it enacted, etc., as follows : 

Edtu9'§22 Section 1. Section 22 of chapter 149 of the General 

ameAded.' ' Laws, as appearing in the Tercentenary Edition, is hereby 

amended by inserting after the word "plainly", in line 5, 

the words: — in type as prominent as the largest printed 

matter in the body of the advertisement or poster, — so as 

Advertising for ^q j-g^^j 9.8 follows '. — Section 22. If an employer, during 

d^g^ltrike, the continuance of a strike, lockout or other labor trouble 

**"■ among his employees, publicly advertises in newspapers or 

by posters or otherwise for employees, or by himself or his 

agents solicits persons to work for him to fill the places of 

strikers, he shall plainly in type as prominent as the largest 

printed matter in the body of the advertisement or poster 

and exphcitly mention in such advertisements or oral or 

written solicitations that a strike, lockout or other labor 

trouble exists among his employees. 

gjL.(Ter. Section 2. The first paragraph of section 23 of said 

etc.". amended.' chapter 149, as appearing in chapter 114 of the acts of 1935, 

is hereby amended by adding at the end the following sen- 

same subject, ^eucc ! — In printed advertisements or in signs or posters, 

the mention of the strike, lockout or other labor trouble 

shall be in letters as large as the largest letters used in the 

body of said advertisement, sign or poster. 

Approved March 21, 1951. 



Acts, 1951. — Chaps. 167, 168. 143 



An Act authorizing the commissioner of labor and (7/^,^2?. 167 
industries to suspend the operation of certain 
labor laws. 

Be it enacted, etc., as follows: 

The commissioner of labor and industries is hereby au- 
thorized, in conformity with Article XX of Part the First 
of the Constitution of the Commonwealth, to suspend until 
July first, nineteen hundred and fifty-two, the application 
or operation of any provision of chapter one hundred and 
forty-nine of the General Laws or of any rule or regulation 
made thereunder, regulating, limiting or prohibiting the 
employment of women or minors, or both. The commis- 
sioner 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 hard- 
ship in an industry, branch of an industry, or individual 
establishment require or justify the suspension of any pro- 
vision of such laws, rules or regulations. Suspensions issued 
by the commissioner shall prescribe, and may be either 
granted or limited to, one or more particular departments, 
operations or occupations within an establishment, or a 
particular industry or branch of an industry. The com- 
missioner shall appoint industry advisory committees, on 
which employers and employees shall be equally represented, 
to consult and advise with him in matters relating to the 
suspensions authorized by this act. 

Approved March 21, 1951. 



An Act relative to the hours of duty of permanent Chav. IQS 

MEMBERS OF THE FIRE DEPARTMENT IN THE CITY OF 
PITTSFIELD. 

Be it enacted, etc., as follows: 

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

Section 2. This act shall be submitted for acceptance 
to the voters of said city at its next biennial municipal 
election in the form of the following question, which shall 
be placed upon the official ballot to be used at said election: 
— "Shall an act passed by the general court in the year 
nineteen hundred and fifty-one, providing for a fifty-six 
hour week for the permanent members of the fire depart- 



144 Acts, 1951. — Chaps. 169, 170, 171. 

ment of this city, be accepted?" If a majority of the votes 
in answer to said question is in the affirmative, then this 
act shall thereupon take full effect, but not otherwise. 

Approved March 21, 1951. 

Chap.\.Q9 An Act authorizing the town of middleton to retire 

AND PAY AN ANNUITY TO C. ALICE MANNING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of her long and meritorious serv- 
ice, the town of Middleton may retire C. Alice Manning 
upon the completion of her fiftieth year as a teacher in the 
public schools of said town. Upon her retirement as afore- 
said, there shall be paid to her from the treasury of said 
town, subject to appropriation, an annuity of twentj'^-one 
hundred and seventy dollars, payable in equal monthly 
instalments. 

Section 2. This act shall take full effect upon its accept- 
ance by vote of a majority of the voters of said town present 
and voting thereon at an annual or special town meeting, 
but not otherwise. Approved March 21, 1951. 

Chap.170 ^^ ■A^'^ VALIDATING THE ELECTION OF THE BOARD OF HEALTH 
IN THE TOWN OF TISBURY IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

The election of a board of health for the town of Tisbury 
at the annual town election in the current year if otherwise 
valid is hereby validated and confirmed notwithstanding the 
failure of the town to provide for such board at a town 
meeting held not less than thirty days prior to the annual 
town meeting in the current year as provided by sections 
one and two of chapter forty-one of the General Laws. 

Approved March 21, 1951. 

ChaV 171 "^^ ^^'^ AUTHORIZING THE MASONIC EDUCATION AND CHARITY 
TRUST TO HOLD ADDITIONAL FUNDS AND PROPERTY. 

Emergency Wkcreas, The deferred operation of this act would tend to 

preamble. defeat its purposc, which is to grant to the corporation re- 
ferred to therein an immediate extension of its authority to 
hold additional funds and property, therefore it is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the pubfic convenience. 

Be it enacted, etc., as follows: 

Section 1 of chapter 24 of the Special Acts of 1916 is hereby 
amended by striking out, in line 3, the word "five" and in- 
serting in place thereof the word : — ten, — so as to read as 
follows : — Section 1 . The Masonic Education and Charity 
Trust may take and hold funds and property not exceeding 
in value ten million dollars. Approved March 26, 1951. 



Acts, 1951.— Chaps. 172, 173. 146 



An Act authorizing the trustees of the supreme C^qjj YJ2 

COUNCIL OF the ANCIENT ACCEPTED SCOTTISH RITE OF 
FREEMASaNRY TO HOLD ADDITIONAL REAL AND PERSONAL 
PROPERTY. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to grant to the trustees referred p"'*™*''^- 
to therein an immediate extension of its authority to hold 
additional real and personal estate, therefore it is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the pubhc convenience. 

Be it ejiaded, etc., as folloivs: 

Section 2 of chapter 252 of the acts of 1872, as amended 
by section 2 of chapter 142 of the acts of 1926, is hereby 
further amended by striking out, in hne 3, the word "five" 
and inserting in place thereof the word : — ten, — so as to 
read as follows: — Section 2. Said trustees may receive, 
manage and convey such real and personal estate, not ex- 
ceeding in all ten million dollars, as may be deposited with 
them by or for the supreme council of the ancient accepted 
Scottish rite for the northern jurisdiction of the United 
States, to such uses as said council may appoint, and shall 
report their doings to such supreme council, and submit their 
accounts and records to the inspection of said council. They 
may also receive and execute the trust of gifts and devises 
made to them for religious, charitable, scientific or educa- 
tional uses, whether said trusts are to be performed and 
executed in this or any other state of the United States where 
said rite is practised. Approved March 26, 1951. 



An Act relative to the segregation and inspection of QJku) 173 

PAPERS concerning ADOPTION IN THE PROBATE COURTS. ' 

I-le it enacted, etc., as folloivs: 

Chapter 210 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 5B, inserted by section .3 of chapter ^"l^- H^^^^"^ 
737 of the acts of 1950, the following section : — Section 5C. 
AU petitions for adoption, all reports submitted thereunder segregation 
and all pleadings, papers or documents filed in connection orado^tfon °" 
therewith shall not, after the entry of a decree of adoption papers in 
thereon be available for inspection except by the adopting re'^^^ated"'^**' 
parent or parents, the child or person adopted, or their at- 
torney of record, unless a judge of probate, or the register 
©r an assistant register of probate of the county where such 
records are kept, for good cause shown, shall otherwise order. 
Such petitions, reports, pleadings, papers and documents shall 
be segregated. The prohibition of this section shall not apply 
to the docket entries in the permanent docket, record books 
and index of the court. Approved March 26, 1961. 



146 Acts, 1951. — Chaps. 174, 175. 



Chap. 17 4: An Act requiring certain lights on track motor cars 

OPERATED BY COMMON CARRIERS BY RAILROADS. 

Be it enacted, etc., as follows: 

Ed.K' lea new SECTION 1. Chapter 160 of the General Laws is hereby 
§ 176A, added, amended by inserting after section 176, as appearing in the 
f^ul'^Tts^rack Tercentenary Edition, the following section: — Section 176 A. 
motor 'cars*" Every railroad corporation shall equip each of its track 
i^hts'!'''"**'" motor cars operated between points in the commonwealth 
during the period from thirty minutes before sunset to thirty 
minutes after sunrise on the day next following with an elec- 
tric headhght of sufficient candle power when lighted to 
render plainly visible during clear weather, at a distance of 
not less than three hundred feet in advance of such car, any 
track obstruction, warning sign or grade crossing, and with 
an electric tail light showing red to the rear when lighted, of 
suflEicient candle power as to be plainly visible at a distance 
of three hundred feet, in clear weather, or with such a head 
or tail fight or lights as any regulatory authority may require 
or prescribe for use in place thereof. 
Effective date. SECTION 2. This act shall take effect on January first, 
nineteen hundred and fifty-three. 

Approved March 26, 1951. 



Chap. VI b An Act authorizing the county commissioners of 

PLYMOUTH county TO REPLACE BOILERS AND MAKE 
CHANGES IN THE HEATING PLANT AT THE PLYMOUTH 
COUNTY TUBERCULOSIS HOSPITAL. 

Be it enacted, etc., as folloivs: 

Section 1. The county commissioners of Plymouth 
county are hereby authorized to raise and expend a sum of 
money not exceeding sixty thousand dollars for the purpose 
of removing the old boilers in the power plant at the Plym- 
outh county tuberculosis hospital and the replacing thereof 
with new boilers, the instalfing of oil burning equipment and 
the making of any and all changes to the existing power 
plant as may be deemed necessary. 

Section 2. For the purposes aforesaid, the treasurer of 
said county, with the approval of the county commissioners, 
may borrow from time to time on the credit of the county, 
such sums as may be necessary, 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 
Plymouth County Tuberculosis Hospital Loan, Act of 1951. 
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 the county and countersigned by a majority of 
the county commissioners. The county may sell the said 
securities at pubfic or private sale upon such terms and con- 
ditions as the county commissioners may deem proper, but 



I 



Acts, 1951. — Chaps. 176, 177, 178. 147 

not for less than their par value. Indebtedness incurred 
under this act shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Approved March 26, 1951. 

An Act authorizing the city of salem to pay a sum of QJidj) \'JQ 

MONEY TO CHARLES POITRAS FOR THE BENEFIT OF HIS 
DAUGHTER, CLAIRE POITRAS, FOR INJURIES SUSTAINED BY 
HER IN THE PLAYGROUND AT CASTLE HILL IN SAID CITY, 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of Salem may pay a sum not exceeding one 
thousand, two hundred and eight dollars and sixty-eight 
cents to Charles Poitras, father of Claire Poitras, who, on 
July twenty-sixth, nineteen hundred and forty-nine, received 
injuries, while lawfully playing at the Castle Hill playground, 
consisting of supracondylar fracture of the left arm. 

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 Salem, subject to the provisions of its charter, 
but not otherwise. Approved March 26, 1951. 

An Act providing for life tenure for john a. hilditch, Chap. 177 

INCUMBENT OF THE OFFICE OF CHIEF OF POLICE OF THE 
TOWN OF HOPKINTON. 

Be it enacted, etc., asfolloivs: 

Section 1. The tenure of office of John A. Hilditch, in- 
cumbent of the office of chief of police in the town of Hop- 
kinton, shall, upon the effective date of this act, be unlimited. 
Said incumbent 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 board of selectmen. 

Section 2. This act shall be submitted for acceptance to 
the voters of said town at its next regular town election, in 
the form of the following question which shall be placed upon 
the official ballot to be used in said election: — "Shall an act 
passed by the General Court in the year nineteen hundred 
and fifty-one, entitled 'An Act providing for Life Tenure for 
John A. Hilditch, Incumbent of the Office of Chief of Police 
of the Town of Hopkinton', be accepted?" If a majority 
of the votes in answer to said question is in the affirmative, 
then this act shall thereupon take full effect, but not other- 
wise. Approved March 26, 1951. 

An Act increasing temporarily the tax imposed by Chav. 17 S 

THE COMMONWEALTH ON AMOUNTS WAGERED AT CERTAIN 
HORSE AND DOG RACING MEETINGS CONDUCTED UNDER 
THE PARI-MUTUEL OR CERTIFICATE SYSTEM OF WAGERING. 

Whereas, The deferred operation of this act would tend ^^^^i"*'^ 
to defeat its purpose, which is to make available immediately 
revenue for the old age assistance fund, therefore it is hereby 



148 Acts, 1951. — Chaps. 179, 180. 

declared to be an emergency law, necessary for the im- 
mediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

In addition to any amount required to be withheld under 
the provisions of section five of chapter one hundred and 
twenty-eight A of the General Laws by a licensee conducting 
a horse or dog racing meeting, such licensee shall withhold 
an amount equal to two per cent of the total amount wagered 
on each day of such meeting conducted during the years 
nineteen hundred and fifty-one and nineteen hundred and 
fifty-two and shall pay the same to the state racing com- 
mission on the day following. The amount received under 
the provision of this act from licensees conducting horse or 
dog racing meetings in connection with a state or county 
fair shall be credited to the old age assistance fund estab- 
lished under section eleven of chapter one hundred and 
eighteen A of the General Laws, notwithstanding any provi- 
sion of section fifteen of said chapter one hundred and 
twenty-eight A to the contrary, 

A'p'proved March 27, 1951. 

Chap. 179 An Act relative to regulating the fees to be charged 

FOR RECORDING CERTAIN INSTRUMENTS. 

Be it enacted, etc., as follows: 

EdV 262'^'5 38 '^^^ sccoud paragraph of section 38 of chapter 262 of the 
etc., amended. ' General Laws, as appearing in section 1 of chapter 353 of 
the acts of 1946, is hereby amended by striking out the last 
sentence and inserting in place thereof the following sen- 
Fees, tence : — The minimum fee for recording a deed or con- 
veyance or a mortgage shall be five dollars. 

Approved March 27, 1951. 

Chap. ISO An Act prohibiting wage differentials based on sex. 

Be it enacted, etc., as follows: 

Ed.^,' 149^ Chapter 149 of the General Laws is hereby amended by 

§ 105 a, etc., striking out section 105 A, as amended by chapter 565 of the 
^"'^'^ ^ ■ acts of 1947, and inserting in place thereof the following 

dfscrimii!ating scctlon I — Scction 105 A. No employer shall discriminate in 
wage rates any Way in the payment of wages as between the sexes, or 
pay any female in his employ salary or wage rates less than 
the rates paid to male employees for work of like or com- 
parable character or work on like or comparable operations; 
provided, however, that variations in rates of pay shall not 
be prohibited when based upon a difference in seniority. 
Any employer who violates any provision of this section 
shall be liable to the employee or employees affected in the 
amount of their unpaid wages, and in an additional equal 
amount of liquidated damages. Action to recover such 
liability may be maintained in any court of competent 



Acts, 1951. — Chap. 181. 149 

jurisdiction by any one or more employees for and in behalf 
of himself or themselves and other employees similarly 
situated and any agreement between the employer and any 
such employee to work for less than the wage to which such 
employee is entitled under this section shall be no defence 
to such action. The court in such action shall, in addition 
to any judgment awarded to the plaintiff or plaintiffs, 
allow a reasonable attorney's fee to be paid by the defendant, 
and the costs of the action. At the request of any employee 
paid less than the wage to which he is entitled under this 
section, the commissioner may take an assignment of such 
wage claim in trust for the assigning employee and may 
bring legal action necessary to collect such claim, and the 
employer shall be required to pay an additional equal 
amount of liquidated damages, together with the costs of 
the action and such reasonable attorney's fee as may be 
allowed by the court. The commissioner shall not be re- 
quired to pay any filing fee, or other costs, in connection 
with such action. The commissioner may join various 
claimants against the employer in one cause of action. Any 
action based upon or arising under sections one hundred 
and five A to one hundred and five C, inclusive, shall be 
instituted within one year after the date of the alleged 
violation. Approved March 27, 1951. 



An Act authorizing cities and towns to borrow money Qjidj) 181 

FOR THE PAYMENT OF CERTAIN PREMIUMS ON FIRE INSUR- 
ANCE POLICIES. 

Be it enacted, etc., as follows: 

Section 1. Section 7 of chapter 44 of the General Laws q. l. (Ter. 
is hereby amended by striking out the first paragraph, as ft^'^amendld 
most recently amended by chapter 54 of the acts of 1951, ^ "'^"^^"^ 
and inserting in place thereof the following: — Cities and Purposes for 
towns may incur debt, within the limit of indebtedness pre- pdltL^may"' 
scribed in section ten, for the following purposes, and pay- debuhnit**'''" 
able within the periods hereinafter specified, but, except for ^ ""' ' 
the purposes set forth in clauses (11) and (16), no loan shall 
be authorized in any year under any one of the following 
clauses unless a sum equal to twenty-five cents, or in the case 
of Boston ten cents, on each one thousand dollars of the 
assessed valuation of the city or town for the preceding year, 
exclusive of the value of motor vehicles and trailers and the 
value of ships and vessels on which a vessel excise tax is 
based, has been appropriated from available revenue funds 
or voted to be raised by taxation for the purposes set forth 
in such clauses in the year when the loan is authorized : 

Section 2. Said section 7 of said chapter 44 is hereby g. l. (Ter. 
further amended by inserting after clause (15), inserted by So!amendId 
chapter 383 of the acts of 1948, the following clause: — 

(16) For the payment of premiums for fire insurance, same subject. 
contracts or poHcies covering a period of five years, four 



150 Acts, 1951. — Chaps. 182, 183. 

years. No loan shall be authorized in any year under the 
provisions of this clause unless a sum equal to at least one 
fifth of the entire amount authorized to be borrowed has been 
appropriated from available revenue funds or voted to be 
raised by taxation, for the purposes set forth, in the year 
when the loan is authorized. Approved March 27, 1951. 

Chap.lS2 ^N ^^'^ EMPOWERING OFFICERS OF THE CITY OF BOSTON 
AND THE COUNTY OF SUFFOLK TO CONTRACT WITHOUT 
AN APPROPRIATION IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter 486 of the acts of 1909 is hereby amended by in- 
serting after section 16 the following section: — Section 16 A. 
Anything in section three A or section sixteen to the contrary 
notwithstanding, city and county officers who are authorized 
to make expenditures, and the school committee, may, dur- 
ing any fiscal year, at the time of, or after, contracting for 
the performance or delivery during the remainder of such 
year of any work, services or supplies of a constantly recur- 
rent nature, contract, without an appropriation, upon like 
or more favorable terms and conditions, for the performance 
or delivery of such work, services or supplies for the whole 
or any part of the first three months of the next fiscal year; 
provided, that in no event shall the average monthly liabil- 
ity incurred with respect to the next fiscal year exceed the 
average monthly liabihty for such work, services or supplies 
during the last nine months of the then current fiscal year. 

Approved March 27, 1951. 

Chap.lSS ^ -^^^ "^^ AUTHORIZE THE USE BY THE MUNICIPAL GAS AND 
ELECTRIC COMMISSION OF THE CITY OF HOLYOKE FOR A 
GATE STATION FOR NATURAL GAS SUPPLY OF CERTAIN LANDS 
ACQUIRED BY SAID CITY FOR PARK AND RECREATION PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke, acting through its park 
and recreation commission, and upon terms satisfactory to 
said commission, may transfer the control of certain lands 
hereinafter described, which were acquired for park and 
recreation purposes, to the municipal gas and electric com- 
mission of said city for use by said municipal gas and electric 
commission for a gate station for natural gas supply. Said 
transfer shall be effected by vote of said parks and recreation 
commission, specifying the terms and conditions of the trans- 
fer, and a vote of said municipal gas and electric commission 
accepting said transfer, subject to the terms and conditions 
stated therein. Copies of the said votes, duly certified and 
acknowledged by the secretary of each of said commissions, 
shall be recorded in the registry of deeds for Hampden 
county, and, upon such recording, the lands hereinafter de- 



Acts, 1951. — Chap. 184. 151 

scribed need no longer be used for park or recreation purposes, 
or be subject to the provisions of chapter forty-five of the 
General Laws. The said commission, in like manner, and 
with like effect, may also grant suitable easements under or 
across real estate adjacent to the parcel herein described, and 
also acquired for park purposes, for laying and maintaining 
pipe Unes for the transmission of natural gas to the gate 
station of the city of Holyoke gas and electric department, 
which easements may be granted to and exercised by aiiy 
natural gas company authorized to supply said city with 
natural gas. 

Section 2. The real estate referred to in section one is 
bounded and described as follows : — 

A parcel of land at Anniversary park, so called, in Holyoke, 
bounded and described as follows : — 

Beginning at a stone bound on the westerly line of Dwight 
street extension, also called Easthampton road, and at the 
southeast corner of land of Nathan F. Goldstein, Inc.; 
thence running along land of said Goldstem S. 84° 43' 41", 
W. one hundred and fifty feet to a point; thence running 
S. 21° 29' 33", E. ninety-nine and ninety-seven hundredths 
feet to a point; thence running N. 84° 43' 41", E. one hun- 
dred and fifty feet to a point; thence running northerly along 
the westerly line of Dwight street extension, said line having 
a radius of one thousand, one hundred and sixty-seven and 
eighty-eight hundredths feet, for one hundred feet to a stone 
bound and the point of beginning; containing fourteen thou- 
sand, four hundred and fifty-seven square feet. 

Section 3. This act shall take full effect upon its ac- 
ceptance by the park and recreation commission of said city 
and by the board of aldermen thereof, subject to the pro- 
visions of its charter, but not otherwise. 

Approved March 27, 1951. 



An Act extending the coverage of bonds filed by (7/ia2?.184 

PERSONS DISPLAYING OR EXHIBITING FIREWORKS WITHIN 
THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 42 of chapter 148 of the General Laws, as appear- g. l. (Xer. 
ing in the Tercentenary Edition, is hereby amended by add- amended.' * *^' 
ing at the end the following sentence: — As used in this Definitions, 
section, the word "persons" shall include municipal cor- 
porations, and the word "loss" shall include the reasonable 
expense of a city or town incurred in the extinguishing of 
fires caused by said discharging, firing off, exploding or dis- 
playing of said fireworks. Approved March 27, 1951. 



152 Acts, 1951. — Chaps. 185, 186, 187. 

Chap. 185 An Act relative to the liability for killing, maiming, 

ENTICING OR CARRYING AWAY DOGS AND OTHER DOMESTI- 
CATED ANIMALS AND BIRDS. 

Be it enacted, etc., as follows : 

Ed t' 272*'' Section 85A of chapter 272 of the General Laws, inserted 

§ 8'5A, etc., by section 1 of chapter 276 of the acts of 1945, is hereby 
amended. amended by striking out, in line 1, the word "wrongfully" 

and inserting in place thereof the words: — with wrongful 
intent, — so that the first sentence will read as follows : — 
wife'g^etc""^ Whoever with wrongful intent kills, maims, entices or carries 
certain ' away a dog or other domesticated animal or bird shall be 
fniWs^'**'''* liable in tort to its owner for three times its value. 

Approved March 27, 1951. 

Chap. ISQ An Act changing the school purposes for which the 

TOWN OF AUBURN MAY BORROW MONEY. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 156 of the acts of 1950 
is hereby amended by striking out, in lines 1 to 3, the words 
"an addition to the high school building and originally fur- 
nishing and equipping said addition" and inserting in place 
thereof the words : — and originally furnishing and equipping 
a school building, — so as to read as follows: — Section 1. 
For the purposes of constructing and originally furnishing 
and equipping a school building, 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 thou- 
sand 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 1A. Action taken by the town of Auburn under 
this act prior to the effective date thereof shall be as effective 
as though this act had been in full force and effect at the time 
the warrant for the town meeting was posted. 

Section 2. This act shall take effect upon its passage. 
Approved March 28, 1951. 

Chap. 187 An Act authorizing the city of beverly 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 folloxos: 

Section 1. The city of Beverly is hereby authorized to 
appropriate and to pay a sum of money for the purpose of 



Acts, 1951.— Chap. 188. 153 

discharging a certain claim of Thomas D. Lavelle for legal 
services rendered to said city, said claim being legally unen- 
forceable against said city by reason of its failure to comply 
with the provisions of its charter. 

Section 2. No payment of money shall be approved by 
the city auditor of said city or made by the treasurer thereof 
under authority of this act unless and until a certificate has 
been signed and filed with said city auditor, stating under 
the penalties of perjury that the services for which a bill 
has been submitted were ordered by an ofiicial or employee 
of said city, and that said services were rendered in behalf of 
said city. 

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

Approved April B, 1951. 



An Act authorizing the city of Gloucester to appro- 
priate MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN 
UNPAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Gloucester is hereby authorized 
to appropriate money for the payment of, and after such 
appropriation the treasurer of said city is hereby authorized 
to pay, such of the unpaid bills incurred by said city in the 
municipal year nineteen hundred and forty-nine and totalling 
twelve thousand nine hundred and fourteen dollars and six- 
teen 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 by 
reason of their having been incurred in excess of available 
appropriations or on account of being presented after the 
appropriations were exhausted, and as are certified for pay- 
ment by the heads of the departments wherein the bills were 
contracted; provided, that the money so appropriated to 
pay such bills shall be raised by taxation in said city. 

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

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

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

Approved April 2, 1961. 



ChapASS 



154 Acts, 1951. — Chaps. 189, 190, 191. 



Chap.lS9 An Act establishing the boundary line between the 

TOWNS OF NATICK AND WESTON. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter 
be the boundary line between the towns of Natick and 
Weston : — 

Beginning at the Natick-Wayland- Weston corner, this cor- 
ner being situated about 550 feet north of the northerly side 
of South avenue and having the co-ordinates X = 646170.03; 
Y = 485263.94. The corner mark is an irregularly shaped 
granite monument 4.85 feet in height and 3 by 6 inches in 
section at the top, 8 by l]/2 inches in the middle and 10 by 
12 inches at the base. The letter N is painted on the south 
face, ES on the north face and W on the east face; thence 
S 5° 23' 38" E a distance of 3858.71 feet to a point having 
the co-ordinates X = 646532.75; Y = 481422.32. This point 
being an irregular granite monument, situated about 15 feet 
north of the northerly side of Winter street 33^ feet in height 
and 6 inches by 83^ inches in section. The letter N is cut on 
the west face and the letter W is cut on the east face ; thence S 
0° 31' 21" E a distance of 2695.96 feet to the Natick-W^ellesley- 
Weston corner, having the co-ordinates X = 646557.33; Y = 
478726.47. The corner mark is a granite monument 4.1 feet 
in height, averaging 8 inches in width on the north and south 
faces, 73^ inches on the east face and 6}/^ inches on the west 
face. The letter N is cut on the north and south faces and 
W on the east face. 

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

Approved April 2, 1951. 

Chap. 190 An Act revoking the license of the international 

WORKERS ORDER, INC. TO OPERATE ITS BUSINESS IN THE 
COMMONWEALTH. 

Be it enacted, etc., as folloios: 

The hcense of International Workers Order, Inc., a foreign 
fraternal benefit society now doing business in the common- 
wealth, is hereby revoked. Approved April 2, 1951. 

Chap.191 An Act relative to the filing of plans in registries 

OF DEEDS. 

Be it enacted, etc., as folloios: 

G l. (Ter. Scctiou 13 A of chapter 36 of the General Laws is hereby 

§ \lk,^' amended by striking out, in lines 12 to 14, inclusive, as ap- 

amended. peadug lu the Tercentenary Edition, the words ", except 

upon payment of a fee of three dollars for each such plan 

in addition to the fees provided by section thirty-eight of 

chapter two hundred and sixty-two ", — so as to read as 

Plans, filing follows : — Scctiou ISA. The registers of deeds, or a majority 

reg'STted.^"' of them, may from time to time make and amend rules pre- 



I 



Acts, 1951.— Chaps. 192, 193. 155 

scribing the size or sizes of plans which shall be received for 
record in registries of deeds in which copies of such rules are 
posted as hereinafter provided, the material on which the 
plans shall be made, and other requirements which will best 
effect the preservation for reference of the matter shown on 
such plans. No such rule or any amendment thereof shall 
take effect until after it has been approved by the attorney 
general. Any register of deeds may post a copy of the rules, 
approved as aforesaid, in a conspicuous place in his registry; 
and, after the expiration of thirty days from such posting, 
no plan which does not, in the opinion of the register, con- 
form to such rules shall be received for record therein. 

Approved April 2, 1951. 

An Act providing for party nominations for elective Chap. 1^2 

MUNICIPAL OFFICERS IN THE CITY OF WESTFIELD. 

Be it enacted, etc., as follows: 

Section 1. So much of chapter 294 of the acts of 1920, 
as amended, as provides for the nomination at preliminary 
elections of candidates for elective municipal offices in the 
city of Westfield is hereby repealed. 

Section 2. Nominations of candidates for municipal elec- 
tive office in said citj^ shall be made by nomination papers 
as provided in section six of chapter fifty-three of the General 
Laws and by political parties in primaries held in accordance 
with the provisions of sections twenty-three to forty A and 
fifty-seven to sixtj^-four, all inclusive, of said chapter fifty- 
three. Section fifty-six of said chapter fifty-three, relative to 
the acceptance or rejection of said provisions, shall not apply 
in said city. 

Section 3. This act shall be submitted to the registered 
voters of said city at the biennial municipal election in the 
year nineteen hundred and fifty-one in the form of the fol- 
lowing question which shall be placed on the official ballot at 
said election: — "Shall an act passed by the general court in 
the year nineteen hundred and fifty-one, entitled 'An Act 
providing for party nominations for elective municipal offi- 
cers in the city of Westfield' be accepted?" If a majority of 
the votes cast on said question is in the affirmative, this act 
shall take full effect for the purposes of each biennial munici- 
pal election in said city thereafter, but not otherwise. 

Approved April 2, 1951. 



An Act relative to the salary of the councilmen in 

the city of TAUNTON. 

Be it enacted, etc., as follows: 

Section 1, Notwithstanding the provisions of section 
thirteen of chapter four hundred and forty-eight of the acts 
of nineteen hundred and nine, and any amendment thereof, 
the salary of each councilman of the city of Taunton shall be 



C/iap.l93 



156 



Acts, 1951.— Chaps. 194, 195, 196. 



fixed by ordinance at a sum not to exceed six hundred and 
fifty dollars per annum. 

Section 2. There shall be placed upon the official ballot 
to be used at the biennial municipal election in said city in 
the current year the following question: — "Shall the salary 
of each councilman of the city of Taunton be fixed by ordi- 
nance at a sum not to exceed six hundred and fifty dollars 
per annum?" If a majority of the votes in answer to said 
question is in the affirmative, this act shall thereupon take 
full effect, but not otherwise. Approved April 2, 1951 . 



Chap. 194 An Act relative to the close season on edible crabs. 
Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 130, 
§ 40, etc., 
amended. 

Close season 
on edible 
crabs. 



Chapter 130 of the General Laws is hereby amended by 
striking out section 40, as appearing in section 1 of chapter 
598 of the acts of 1941, and inserting in place thereof the 
following: — Section 40. No person, either as principal, 
agent or employee, shall between December first and the 
following April thirtieth, both dates inclusive, take or catch 
edible crabs, by the use of traps or otherwise, from the 
coastal waters. Violation of the provisions of this section 
shall be punished by a fine of not less than ten nor more than 
fifty dollars. Approved April 2. 1951 . 



Chnp.\95 An Act relative to the benefits of oroup life 

insurance. 



G. L. (Ter. 

Ed.), 175, 
§ 133, etc., 
amended. 



lie it enacted, etc., as folloios: 

Clause (e) of section 133 of chapter 175 of the General 
Laws, inserted by section 1 of chapter 676 of the acts of 
1949, is hereby amended by .striking out, in lines 23 and 24, 
the words "and not less than an average of twenty-five pei- 
sons for each employer unit ". Approved April 2, 1951. 



Chap 196 ^^ ^^^ REQUIRING BLINKER LIGHTS ON SCHOOL 



G. L. (Ter. 
Ed.), 90, § 7B, 
etc., amended. 



Blinker lights 
on school 
buses. 



G. L. (Ter. 
Ed.), 90, § 14, 
etc., amended. 



Motor vehicle? 
shall be 
brought to a 
stop in certain 
iDBtsnoen. 



Be it enacted, etc., as follows: 

Section 1. Section 7B of chapter 90 of the General Laws 
is hereby amended by inserting after clause (6), inserted by 
section 1 of chapter 459 of the acts of 1950, the following 
clause : — 

(7) Each school bus shall be equipped with front and 
rear blinker lights of a type to be approved by the registrar, 
which shall be left flashing when children arc entering or 
leaving said bus. 

Section 2. Section 14 of said chapter 90, as most recently 
amended by section 6 of chapter 502 of the acts of 1950, is 
hereby further amended by striking out the third .sentence 
and inserting in place thereof the following sentence: — 
When approaching a vehicle which displays a sign bearing 
the words "School Bus" and is equipped with front and 



Acts, 1951. — Chaps. 197, 198. 157 

rear blinker lights which are flashing as provided in section 
seven B, and 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 April 2, 1951. 

An Act relative to land takings in connection with Chap. 197 

THE RECONSTRUCTION OF THE MERIDIAN STREET BRIDGE 
BETWEEN EAST BOSTON AND CHELSEA, AND THE APPROACHES 
THERETO. 

Be it enacted, etc., as follows: 

For the purpose of reconstructing the Meridian street 
bridge, between East Boston and Chelsea, and the approaches 
thereto, the city of Boston may acquire bj' eminent domain 
under chapter seventy-nine or chapter eighty A of the General 
Laws, and hold, land within the limits of the city of Chelsea; 
provided, however, that no land within said hmits on which 
any building with a dwelling unit is located may be so ac- 
quired; and provided, further, that no land may be so ac- 
quired north of the intersection of Marginal, Williams and 
Pearl streets in the city of Chelsea. Section seven A of 
chapter fifty-nine of the General Laws shall not apply to 
land so acquired and held by the city of Boston: but such 
land shall be wholly exempt from taxation. 

Approved April 2, 1951. 

An Act authorizing the town of winchendon to sell Chap.\9^ 

AND convey a portion OF CERTAIN LAND HELD BY IT 
FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Winchendon, by its board of 
selectmen, may sell and convey to Eugene M. Connor Post 
#193, American Legion, for a nominal sum, and under such 
terms and conditions as it may impose, free and clear from 
any obligations to use the same for park purpo.ses, a certain 
parcel of land situate on Pleasant street in said town, and 
more particularly bounded and described as follows: — Be- 
ginning at an iron pin on the westerly line of Pleasant street at 
a point one hundred and fifty-two feet northerly from the in- 
tersection of Front and Pleasant streets; thence N. 48° 50' W. 
two hundred and thirty-three feet, more or less, to an iron 
pin at land formerly of Sophia M. Whitney; thence turning 
and running N. 17° 35' E. along said Whitney land two hun- 
dred and sixty feet to a stone bound at land of Antonellis, 
formerly Nash; thence turning and running S. 48° 50' E. 
one hundred and forty-eight and five-tenths feet to a stone 



158 Acts, 1951. — Chaps. 199, 200. 

bound at the corner of the Beals Memorial Library lot; 
thence S. 41° W, on line of said library lot one hundred and 
twenty feet to a stone bound; thence S. 48° 50' E. one 
hundred and fifty feet to a stone bound in the westerly line 
of Pleasant street; thence S. 41° W. one hundred and thirty- 
five feet to the point of beginning; provided, that said 
American Legion Post shall erect a building thereon suitable 
for its purposes. 

Section 2. Action taken under authority of this act at 
the annual town meeting in the current year shall be as 
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 vote of a majority of the voters of said town 
present and voting thereon at any town meeting called for 
the purpose, but not otherwise. 

Approved April 2, 1951. 

Chap.199 -^N Act authorizing the city of boston to sell or lease 

CERTAIN LAND SITUATE ON BROOKLINE AVENUE, BETWEEN 
PARK DRIVE AND THE RIVERWAY, IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provision of 
general or special law, the city of Boston, by its mayor, may 
sell or lease to Sears, Roebuck and Co., a New York corpora- 
tion having a usual place of business in said city, any part 
or parts or the whole of the land in said city bounded north- 
easterly by Park drive, southeasterly by Brookline avenue, 
southwesterly by the Riverway, and northwesterly by a 
hne parallel to, and five hundred feet northwesterly of, the 
northwesterly side line of Brookline avenue, and held by 
said city for public park purposes; provided, that the board 
of park commissioners of said city shall, by vote at a regular 
or special meeting of said board, assent to the sale ; and pro- 
vided, further, that the sale is authorized by a vote of a 
majority of all the members of the city council of said city, 
approved by its mayor. 

Section 2. The mayor of said city, in the name and on 
behalf of said city, shall execute and dehver any instrument 
necessary to convey any land sold, or to lease any land leased, 
under authority of this act. 

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

Approved April 3, 1951. 

Chap. 200 An Act making express provision for the recovery of 

UNLAWFULLY DETAINED PUBLIC RECORDS. 

Be it enacted, etc., as folloivs: 

EdL)'. 66.1' 13, Section 13 of chapter 66 of the General Laws, as appearing 
amended. ' in the Tercentenary Edition, is hereby amended by adding 
^ubiil^ffi^e^rs at the end the following sentence : — Upon complaint of any 



Acts, 1951.— Chap. 201. 159 

public officer entitled to the custody of a public record, the of unlawfully 
superior court shall have jurisdiction in equity to compel any puburrecords. 
person unlawfully having such record in his possession to 
deliver the same to the complainant. 

Approved April 3, 1951. 

An Act authorizing chiefs of police or the boards Chav.201 
OR officers having control of the police in cities 

AND TOWNS TO ISSUE A LICENSE TO CARRY A PISTOL OR 
REVOLVER OR TO POSSESS A MACHINE GUN. 

Be it enacted, etc., as follows: 

Section 131 of chapter 140 of the General Laws, as amended g^J- ^J^^- 
by chapter 302 of the acts of 1936, is hereby further amended § isi, etc., 
by inserting after the word "town", in line 3, the words: — , *"'®''^®'*- 
the chief of police or the board or officer having control of 
the police in a city or town, — so as to read as follows : — 
Section 131. The justice of a court or a trial justice, the License to 
board of police or mayor of a city, the selectmen of a town, et"^ ^*^*°'' 
the chief of pohce or the board or officer having control of 
the pohce in a city or town, or the commissioner of public 
safety, or persons authorized by them, respectively, may, 
upon the application of any person residing or having a 
place of business within their respective jurisdictions, except 
an alien, a person who has been convicted of a felony or of 
the unlawful use or sale of drugs or a minor other than one 
fifteen years of age or over in the employ of a bank, public 
utility corporation or business of a similar nature whose 
application is endorsed by his employer, issue a license to 
such applicant to carry a pistol or revolver in the common- 
wealth or to possess therein a machine gun, if it appears 
that he is a suitable person to be so licensed and that he has 
good reason to fear an injury to his person or property or 
for any other proper purpose, and the carrying of a pistol 
or revolver for use for target practice only shall be held to 
be a proper purpose aforesaid. Such license shall be issued 
for a term not to exceed one year, but may be for a less 
period, and all such licenses shall be revocable at the will 
of the person or body issuing the same, who shall forthwith 
send written notice of such revocation to the commissioner 
of public safety. Said licenses shall be issued on forms 
furnished by said commissioner. Said form shall contain 
blank spaces to be filled in with the following information 
relating to the license and to the licensee : — Name, residence 
or place of business, commencement and expiration date of 
license, reason for issuing said license, license number, date 
of issuance of said license, place of birth, height, weight, 
complexion, color of hair, color of eyes, date of naturahzation 
if formerly an alien, and signature, of said licensee; and no 
further information from, or act of, the said licensee shall 
be required. A copy of every license so issued shall within 
one week after the granting thereof be sent to the said com- 
missioner. The fee for each license issued under this section 



science to cer- 
tain students. 



160 Acts, 1951. — Chaps. 202, 203, 204. 

shall be fifty cents. Whoever issues a license in violation of 
this section shall be punished by imprisonment for not less 
than six months nor more than two years in a jail or house 
of correction. Approved April 3, 1951. 

Chap.202 An Act relative to the authority of the lowell tex- 
tile INSTITUTE TO GRANT BACHELOR OF SCIENCE AND 
MASTER OF SCIENCE DEGREES. 

Be it enacted, etc., as folloivs: 

Ed^'yJ^'i^TE Chapter 74 of the General Laws is hereby amended by 
etci.'amMded.' striking out section 47E, as most recently amended by 
chapter 28 of the acts of 1949, and inserting in place thereof 
^an't^dT^^es ^^^ followiug scctiou: — Sectiofi j!i7E. The board may 
STacheiOT^Iff grant the degree of bachelor of science to students who 
mM^ero?'^ ^ave taken the four year day course and have passed the 
examinations required for graduation. 

The board may also grant the degree of master of science 
to students who have completed satisfactorily graduate 
work of not less than one year resident instruction as pre- 
scribed by the board and approved by the commissioner; 
and the board may also confer the honorary degree of master 
of science. Approved April 3, 1951. 

Chap.20S An Act providing for the punishment of persons guilty 

OF MURDER IN THE FIRST DEGREE BY IMPRISONMENT IN 
STATE PRISON FOR LIFE IN CERTAIN CASES, 

Be it enacted, etc., as folloios: 

EdV 265 "^5 2 Chapter 265 of the General Laws is hereby amended by 
amended.' ' striking out section 2, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
^r^urder* tion : — Scction 2. Whoever is guilty of murder in the 
first degree shall suffer the punishment of death, unless the 
jury shall by their verdict, and as a part thereof, upon and 
after consideration of all the evidence, recommend that 
the sentence of death be not imposed, in which case he shall 
be punished by imprisonment in the state prison for life. 
No such recommendation shall be made by a jury or recorded 
by the court if the murder was committed in connection 
with the commission of rape or an attempt to commit rape. 
Whoever is guilty of murder in the second degree shall be 
punished by imprisonment in the state prison for hfe. In 
no event shall a person convicted of murder in the first 
degree be eligible for parole. Approved April 3, 1951. 

Chap. 204: An Act authorizing the municipal light board of the 

TOWN OF WAKEFIELD TO ENTER PRIVATE PROPERTY FOR 
CERTAIN PURPOSES. 

Be it enacted, etc., as follows: 

Section L The municipal light board of the town of 
Wakefield may authorize the manager of municipal fighting 
or any other person or corporation acting in their behalf to 



I 



Acts, 1951. — Chaps. 205, 206. 161 

enter the premises of its private consumers and make 
changes and adjustments of the gas equipment therein 
necessary for the service of natural gas. The cost of such 
work shall be paid from the depreciation fund. 
Section 2. This act shall take effect upon its passage. 

Approved April 4, 1951. 



An Act providing for the designation of associate Chap. 205 

MEMBERS OF BOARDS OF APPEAL UNDER THE MUNICIPAL 
ZONING LAWS. 

Be it enacted, etc., as follows: 

The second paragraph of section 30 of chapter 40 of the g. l. (Ter. 
General Laws, as appearing in section 1 of chapter 269 of ^tt! amended, 
the acts of 1933, is hereby amended by striking out, in hne 
10, the words "mayor or selectmen" and inserting in place 
thereof the word : — chairman, — so that the last sentence 
will read as follows : — Such ordinances or by-laws may pro- Associate 
vide for the appointment in hke manner of associate mem- b'ol'?ds''o^f°^ 
bers of the board of appeals; and in case of a vacancy, appeal, 
inability to act, or interest on the part of a member of said 
board, his place may be taken by an associate m^ember 
designated by the chairman. Approved April 4, 1951. 



An Act increasing the amount of money which the Char).20Q 

TOWN OF HOLLISTON MAY BORROW FOR SCHOOL PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 331 of the acts of 1949 
is hereby amended by striking out, in line 6, the words 
"five hundred" and inserting in place thereof the words: — 
seven hundred and fifty, — so as to read as follows : — 
Section 1. For the purposes of acquiring land for and con- 
structing a school building and of originally equipping and 
furnishing such building, the to^m of Holliston 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, seven hundred and fifty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Holliston School Building 
Loan, Act of 1949. Each authorized issue shall constitute 
a separate loan, and such loans shall be paid in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as herein provided, be subject to chapter forty- 
four of the General Laws, exclusive of the limitation con- 
tained in the first paragraph of section seven thereof. 

Section 2. Action taken under authority of this act at 
any meeting of the town of Holliston held in the current 
year shall be as effective in all respects as though this act 



162 Acts, 1951. — Chaps. 207, 208. 

had been in full force and effect on the date when the war- 
rant for such meeting was posted. 

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

Approved April 5, 1951. 

Chap. 2017 An Act constituting the assent of the commonwealth 

TO THE provisions OF THE ACT OF CONGRESS ENTITLED 
"an ACT TO PROVIDE THAT THE UNITED STATES SHALL AID 
THE STATES IN FISH RESTORATION AND MANAGEMENT 
PROJECTS, AND FOR OTHER PURPOSES". 

prTambre*?^ Wheretts, The deferred operation of this act would tend 

to defeat its purpose, which in part is to enable the common- 
wealth to receive without delay the benefits of the act of 
Congress referred to therein, therefore this act is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

The Commonwealth of Massachusetts hereby assents to 
the provisions of the act of Congress entitled "An act to 
provide that the United States shall aid the states in fish 
restoration and management projects, and for other pur- 
poses", approved August ninth, nineteen hundred and fifty 
(Pubhc Law 681, 81st Congress), and the division of fisheries 
and game is hereby authorized, empowered and directed to 
perform such acts as may be necessary to the conduct and 
establishment of coHDperative fish restoration projects, as 
defined in said act of Congress, in compliance with said act 
and rules and regulations promulgated by the Secretary of 
the Interior thereunder; and no funds accruing to the 
commonwealth from license fees paid by fishermen shall be 
diverted for any other purpose than the administration of 
the division of fisheries and game and for the protection, 
propagation, preservation and investigation of fish and game. 

Approved April 9, 1951. 

Chap. 208 An Act relative to the exercise of local option 
IN respect to the sale of alcoholic beverages in 
taverns. 

Sambre?^ Wkcretts, The deferred operation of this act would tend 

to defeat its purpose, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Ed^.iJl"^' Chapter 138 of the General Laws is hereby amended by 

§ iiA, etc., striking out section llA, as amended, and inserting in place 
submtstn thereof the following section: — Section 11 A. Except as 
of questipns othcrwise provided in this section, the city council of any 
deS's'''^' city and the selectmen of any town shall, upon the filing 
with the city or town clerk of a petition signed by registered 
voters of such city or town equal in number to at least one 



\ 



i 



i 



Acts, 1951. — Chap. 209. 163 



per cent of the whole number of registered voters therein 
and conforming to the provisions of section thirty-eight of 
chapter forty-three relative to initiative petitions, request- 
ing that the question of licensing the sale in such city or 
town of alcoholic beverages in taverns be submitted to the 
voters thereof, call a special election to be held within a 
period of sixty days from the filing of such petition, and 
cause to be so submitted thereat the following question : — 
"Shall Hcenses be granted in this city (or town) 
for the sale therein of alcoholic beverages in 
taverns?" L ^^^" ' ^ I 

Except as otherwise provided in this section, in any city 
or town wherein a regular election is about to be held, the 
city council or selectmen, upon the filing of such a petition 
at least thirty days before such election, shall cause said 
question to be submitted to the voters thereof at such elec- 
tion. The foregoing question shall not be submitted to the 
voters of any city or town under this section oftener than 
once in two years. 

If a majority of the votes cast in such a city or town in 
answer to the question hereinbefore set forth are in the 
affirmative, such city or town shall be taken to have author- 
ized the sale therein in taverns of such alcoholic beverages, 
if any, as are from time to time lawfully authorized to be 
sold in such city or town, subject in all respects to the 
provisions of this chapter, but only pending the taking under 
this section of the next succeeding vote, if any, on such 
question. Approved April 9, 1951. 



An Act validating certain action taken by the town (7/iar),209 
of weymouth relative to the fire department of 
said town. 

Be it enacted, etc., as folloivs: 

Section 1. The action of the town of Weymouth at its 
annual town election in the year nineteen hundred and 
twenty-five, in voting to accept the provisions of sections 
forty-two to forty-four, inclusive, of chapter forty-eight of 
the General Laws, which relates to the establishment of a 
fire department under the control of a chief of the fire 
department, and all action purportedly taken by the officials 
of said town under said sections, are hereby confirmed and 
made valid in so far as the same were invalid for the reason 
that they were not accepted in the manner authorized by 
law, and the provisions of said sections forty-two to forty- 
four, inclusive, so far as they relate to the fire department 
of said town, shall continue to be operative therein. 

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

Approved April 9, 1951. 



164 Acts, 1951. — Chaps. 210, 211, 212. 



Chap.210 An Act authorizing the west boylston water district 

OF WEST BOYLSTON TO LAY A WATER MAIN WITHIN THE 
LIMITS OF THE TOWN OF STERLING, AND TO FURNISH AND 
SELL WATER TO CERTAIN INHABITANTS OF THE TOWN OF 
STERLING. 

Be it enacted, etc., as folloios: 

Section 1. The West Boylston Water District of West 
Boylston is hereby authorized to lay a water main within 
the limits of the town of SterUng in North Main street and 
Hosmer street, for the purpose of interconnecting two ex- 
tremities of the present distribution system of said district; 
provided, that the laying of said water main within the said 
streets in the town of Sterling shall be subject in all respects 
to the approval of the selectmen and the superintendent of 
streets of the town of Sterling. 

Section 2. The West Boylston Water District of West 
Boylston may furnish and sell water to inhabitants of the 
town of Sterhng residing along the water main to be laid in 
accordance with section one of this act and not served by 
the town of SterHng, at rates established by the board of 
water commissioners of the West Boylston Water District 
of West Boylston. 

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

Approved April 9, 1951. 

Chap. 211 An Act regulating parking on state house grounds. 
Be it enacted, etc., as follows: 

Section 1. The sergeant-at-arms and the state super- 
intendent of buildings shall make reasonable rules and regu- 
lations, subject to the approval of the governor and council, 
for the use, control and maintenance of the parking area 
on the state house grounds, and of such additional parking 
areas as may be erected on the state house grounds or on 
grounds designated by the general court for such purpose, 
and may provide penalties for the violation of said rules and 
regulations not exceeding ten dollars for any one offence. 
The enforcement of said rules and regulations shall be the 
duty of the capitol police who may exercise the powers 
conferred upon them by section twelve of chapter eight of 
the General Laws. 

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

Approved April 9, 1951. 

Chap. 212 An Act to increase the amount the town of falmouth 

IS AUTHORIZED TO APPROPRIATE FOR THE PURPOSES OF 
advertising THE ADVANTAGES OF THE TOWN. 

Be it enacted, etc., as folloios: 

Section 1. Section 1 of chapter 149 of the acts of 1911 
is hereby amended by striking out, in lines 2 and 3, the words 
"one thousand" and inserting in place thereof the words: — 



Acts, 1951. — Chaps. 213, 214, 215. 165 

three thousand five hundred, — so as to read as follows : — 
Section 1. The town of Faknouth is hereby authorized to 
appropriate annually a sum of money not exceeding three 
thousand five hundred dollars, for the purpose of promoting 
the interests of the towTi by advertismg its attractions, 
advantages and other matters tending to advance the inter- 
ests of the town. 

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

Approved April 9, 1951. 



Chap.21S 



An Act authorizing the town of barnstable to con- 
vey TO THE HYANNIS OAK GROVE CEMETERY CORPORATION 
A PORTION OF ITS CEMETERY LAND IN THE VILLAGE OF 
HYANNIS. 

Be it enacted, etc., as follows: 

The town of Barnstable is hereby authorized to convey, 
for a consideration, to the Hyannis Oak Grove Cemetery 
Corporation a portion of its cemetery land in the village 
of Hyannis, consisting of about three acres in area lying 
between Oak Neck road and other land of the town of 
Barnstable, formerly the property of the New York, New 
Haven and Hartford Railroad Company, on condition that 
such land shall be used only for cemetery purposes. 

Approved April 9, 1951. 

An Act relative to service of police officers in other Chav.214: 

CITIES and towns. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 99, as amended by chapter 124 of the f 99; etc.. 
acts of 1932, and inserting in place thereof the following amended.' 
section : — Section 99. The mayor, selectmen, chief of service of 
police, or person however designated having the duties of a fn othe°r®*'^" 
chief of pohce, maj^, upon the requisition of the mayor or places. on 
chief of police or selectmen of another city or towoi, provide '"^i'^^*"'*- 
pohce officers, who shall have the authority of constables 
and pohce officers within the limits of such city or town, 
except as to the ser\'ice of civil process, and, while exercising 
such authority within such limits, shall have the same 
immunities and privileges as when acting within their respec- 
tive cities and towns; and the city or town providing said 
officers shall be entitled to receive from such city or town 
the amount paid to them for their services, including their 
necessary traveling expenses. Approved April 9, 1951. 

An Act re-defining the word "assessor", and relative Qjidj) 215 

TO THE employment OF COUNSEL BY ASSESSORS IN CER- 
TAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Section 7 of chapter 4 of the General Laws g. l. (Ter. 
is hereby amended by striking out clause Third, as appearing ^toi! amended. 



166 



Acts, 1951. — Chaps. 216, 217, 218. 



G. L. (Ter. 
Ed.), 41. 
§ 26A, etc.. 
amended. 

Towns, em- 
ployment of 
counsel by. 



in the Tercentenary Edition, and inserting in place thereof 
the following clause : — 

Third, "Assessor" shall include any person chosen or 
appointed in accordance with law to perform the duties 
of an assessor. 

Section 2. Chapter 41 of the General Laws is hereby 
amended by striking out section 26A, inserted by chapter 149 
of the acts of 1935, and inserting in place thereof the follow- 
ing section: — Section 26 A. The assessors, or selectmen 
acting as assessors, may employ counsel at the expense of 
the city or town in all proceedings under chapter fifty- 
eight A; provided, that if such city or town maintains a 
city solicitor or town counsel the assessors, or selectmen 
acting as assessors, shall not employ other counsel but 
shall use such solicitor or counsel therefor, whose expenses 
incurred shall be paid from his general appropriation. The 
foregoing restriction on the right of the assessors to employ 
counsel for such purpose shall not apply in case the town 
has made an appropriation covering the employment of 
counsel therefor. Approved April 9, 1951. 

Chap.216 An Act requiring common victuallers and others to 

POST MINIMUM charges AND COVER CHARGES. 

Be it enacted, etc., as follows: 

Chapter 140 of the General Laws is hereby amended by 
inserting after section 183C, as appearing in the Tercente- 
nary Edition, the following section: — Section 183D. No 
innholder, common victualler or person owning, managing 
or controlling a cafe, restaurant, or other eating or drinking 
charts™ establishment shall require any person to pay a minimum 

charge or "cover charge" unless a sign is conspicuously 
posted at every entrance to any dining room or rooms where 
such charge is required, in letters no less than one inch in 
height, stating that a minimum charge or "cover charge" 
shall be charged and also stating the amount of such charge. 
Whoever violates this section shall be punished by a fine of 
not more than fifty dollars. Approved April 9, 1951. 

Chap.217 An Act abolishing the close season on wood duck. 

Be it enacted, etc., as follows: 
B(L)', i3i7' Section 61A of chapter 131 of the General Laws, inserted 

§ e'lA. ' by chapter 232 of the acts of 1945, is hereby repealed. 
'^^^^'^^ ■ Approved April 9, 1961. 

Chap.218 An Act to authorize the use by the municipal gas and 

ELECTRIC COMMISSION OF THE CITY OF HOLYOKE FOR ELEC- 
TRIC SUBSTATION PURPOSES OF CERTAIN LANDS ACQUIRED 
BY SAID CITY FOR PARK AND RECREATION PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke, acting through the park 
and recreation commission of the city of Holyoke, and upon 
terms satisfactory to said commission, may transfer the con- 



G. L. (Ter. 
Ed.), 140. 
new § 183D, 
added. 
Common 
victuallers, 
etc., to post 
cover and 



Acts, 1951. — Chap. 219. 167 

trol of certain lands hereinafter described, which were ac- 
quired for park and recreation purposes, to the municipal 
gas and electric commission of the city of Holyoke for use by 
said municipal gas and electric commission for electric sub- 
station purposes. Said transfer shall be effected by vote of 
said park and recreation commission describing the particu- 
lar location to be used for the electric substation in the area 
described in section two, with suitable easements for lines 
and connections to said substation, specifying the terms and 
conditions of the transfer, and a vote of said municipal gas 
and electric commission accepting said transfer, subject to 
the terms and conditions stated therein. Copies of the said 
votes, duly certified and acknowledged by the secretary of 
each of said commissions, shall be recorded in the registry 
of deeds for Hampden county, and, upon such recording, 
the lands described therein need no longer be used for park 
or recreation purposes, or be subject to the provisions of 
chapter forty-five of the General Laws. 

Section 2. The real estate which may be used for the 
purposes described in section one, as limited by the park 
and recreation commission of the city of Holyoke, is de- 
scribed as follows : — Beginning at the intersection of Beech 
and Northampton streets in said Holyoke, known as Crosier 
field, and thence running three hundred feet along the south- 
erl}^ side of Beech street; thence running southerly three 
hundred feet in a straight line; thence westerly in a straight 
line to Northampton street; thence northerly along the 
easterly side of Northampton street to the place of beginning. 

Section 3. This act shall take full effect upon its accept- 
ance by the park and recreation commission of the city of 
Holyoke and by the board of aldermen thereof, subject to 
the provisions of its charter, but not otherwise. 

Approved April 9, 1951. 



An Act prohibiting the manufacture and sale of bean Chav.^l^ 

BLOWERS. 

Be it enacted, etc., as follows: 

Chapter 269 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 12, as appearing in the Tercentenary f igl'fmended. 
Edition, and inserting in place thereof the following section: 
— Section 12. Whoever manufactures or causes to be manu- Manufacture 
factured, or sells or exposes for sale, an instrument or weapon giung*ho°! 
of the kind usually known as slung shot, bean blower, sword bean blowers. 
cane, pistol cane, bludgeon, blackjack, or metallic knuckles, hibitrd°' 
shall be punished by a fine of not less than fifty nor more 
than two hundred dollars or by imprisonment for not more 
than six months. Approved April 9, 1951. 



168 Acts, 1951.— Chaps. 220, 221. 



Chap.220 An Act authorizing the franklin cemetery associa- 
tion TO RECEIVE AND ADMINISTER THE PROPERTY OF THE 
RAY CEMETERY ASSOCIATION. 

Be it enacted, etc., asfolloios: 

Section 1. The Ray Cemetery Association, incorporated 
by chapter one hundred and ninety-five of the acts of nine- 
teen hundred and nine and located in the town of Frankhn, 
is hereby authorized to convey to the Frankhn Cemetery 
Association, incorporated by chapter two hundred and eleven 
of the acts of eighteen hundred and ninety-eight, and said 
Franklin Cemetery Association is hereby authorized to re- 
ceive from said Ray Cemetery Association, upon such terms 
as may be mutually agreed upon, and thereafter to hold and 
maintain, but for cemetery purposes only, and subject to 
all rights heretofore existing in any burial lots, the real and 
personal property of said Ray Cemetery Association, in- 
cluding all moneys and trust funds belonging to the said 
Ray Cemetery Association. 

Section 2. After such conveyance and transfer, said 
Franklin Cemetery Association shall hold said property and 
rights upon the same trusts and for the same uses and pur- 
poses as the same were previously held by said Ray Ceme- 
tery Association and shall be charged with the same duties 
and liabilities relative thereto. All rights which anj'- per- 
son has acquired in the cemetery lands of the said Ray 
Cemetery Association shall remain vahd to the same extent 
as if this act had not been passed, and, except as otherwise 
provided herein, all pertinent provisions of said chapter one 
hundred and ninety-five of the acts of nineteen hundred and 
nine shall apply to said lands. 

Section 3. The power to transfer, hold and use moneys 
and trust funds granted by this act shall be exercised only 
in conformity with a decree of a court of competent juris- 
diction entered within one year after the effective date of 
this act. Approved April 9, 1951. 

Chap. 221 An Act relative to tenure of office of the present 

incumbent of the office of assistant CITY CLERK IN 
THE CITY of WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Russell Ober, the incumbent of the office of 
assistant city clerk in the city of Worcester, is hereby given 
unlimited tenure of oSice therein, and shall not be involun- 
tarily separated from his service as such, except for cause 
after a hearing and a decision by the appointing authority. 
Said decision may be appealed from to the city council 
within five days after the giving of notice thereof by the 
appointing authority, and the city council shall give a hear- 
ing and decision thereon within thirty days after the filing of 
a request for a hearing. The decision of the city council may, 



Acts, 1951.— Chaps. 222, 223. 169 

within thirty days after notice to the employee of the de- 
cision of the city council, be appealed from to the district 
court subject to and in accordance with the provisions of 
section forty-five of chapter thirty-one of the General Laws 
to the same extent as if the office were classified under said 
chapter thirty-one. 

Section 2. Said Russell Ober shall not be eligible for 
promotion to the office of city clerk in any qualifying or non- 
competitive manner, but shall be eligible to take any open 
competitive examination for the office of city clerk. 

Section 3. This act shall take full effect upon its ac- 
ceptance, in the current year, by vote of the city council of 
said city. Approved April 9, 1951. 



An Act placing the incumbents of the position of 

DEPUTY sealer OF WEIGHTS AND MEASURES AND THE 
INVESTIGATOR OF VETERANS' BENEFITS OF THE CITY OF 
LYNN 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 incumbents of the positions of deputy sealer 
of weights and measures and veterans' benefits investigator 
in the city of Lynn, who are amputee veterans of World 
War II, shall be considered to be properly classified under 
the civil service laws and rules as deputy sealer of weights 
and measures and veterans' benefits investigator, respec- 
tively, subject to passing a qualifying examination to which 
they shall be subjected by the division of civil service. 

Section 2. The persons referred to in section one of this 
act shall not be subjected to any probationary period; pro- 
vided, that they pass the qualifying examination as pro- 
vided in said section one. 

Section 3. This act shall take effect upon its acceptance 
by vote of the city council of said city in accordance with 
the provisions of its charter, but not otherwise. 

Approved April 9, 1951. 

An Act relative to the filling of vacancies in the 

SCHOOL committee IN THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section thirty-six of 
chapter forty-three of the General Laws, if a member of the 
school committee of the city of Fall River resigns, or if there 
is a vacancy in said committee by reason of death, imprison- 
ment or any other cause, the committee shall, within fifteen 
days thereafter, fill such vacancy by electing the person, who 
at the last biennial election, received the next highest vote to 
the last of the three persons elected thereat to the committee ; 
and on his refusal to serve, other persons who were candidates 
for membership in said committee at said election and were 



Chap.222 



Chap.22S 



170 Acts, 1951. — Chaps. 224, 225. 

defeated shall be elected to fill such vacancy in the order of 
the respective number of votes received by such candidates 
at said election. The person so elected shall serve for the 
balance of the unexpired term of the person whom he suc- 
ceeds. Approved April 9, 1951. 

Chap. 224 An Act relative to the payment of benefits by the new 

BEDFORD POLICE ASSOCIATION. 

Be it enacted, etc., as follows: 

Chapter 401 of the acts of 1900 is hereby amended by 
striking out section 1, as amended by chapter 141 of the 
acts of 1937, and inserting in place thereof the following: — 
Section 1. The New Bedford Police Association, a corpora- 
tion duly estabUshed by law, acting by its board of directors, 
is hereby authorized to pay or cause to be paid from its gen- 
eral fund to any member in good standing, upon the death 
of his wife or her husband, such sum of money, not exceeding 
five hundred dollars, as may from time to time be fixed by 
vote of said corporation. Approved April 9, 1961. 

Chap. 22b An Act to incorporate the green ville cemetery cor- 
poration AND authorizing THE TRANSFER OF CERTAIN 
FUNDS AND PARCELS OF LAND TO SAID CORPORATION. 

Be it enacted, etc., as folloios: 

Section 1. Norman Adams, Alice Craig Bullard, Inez F. 
Clark, Edward I. Comins, James F. Cooper, James Harold 
Cooper, Dwight Eddy, Mary Nichols Fisher, Carrie Gilbert, 
Alice B. Graves, George S. Kebler, Harold F. Stimson, 
Fred L. Tucker, Mary Draper Tucker and Winnifred A. 
Wheelock and their associates and successors, proprietors 
of cemetery lots in the cemetery known as the Greenville 
Baptist Cemetery, situated in the town of Leicester — are 
hereby made a cemetery corporation, by the name of Green- 
ville Cemetery Corporation, for the purpose of acquiring, 
holding, maintaining, improving and enlarging, for a place 
of burial for the dead, certain land set apart and known as 
Greenville Baptist Cemetery in the town of Leicester. The 
said Greenville Cemetery Corporation incorporated by this 
act shall have all the powers and privileges and shall be 
subject to all the duties, restrictions and liabilities set forth 
in all the general laws now or hereafter in force relating to 
such corporations. 

Section 2. The said Greenville Cemetery Corporation 
is hereby authorized to hold such cemetery land and lots 
therein and any additional land for cemetery purposes, that 
may be added thereto, and to hold moneys and trust funds 
for the care of said cemetery and lots therein. 

Said corporation shall adopt by-laws, rules and regulations, 
elect such officers as it deems best, and care for and maintain 
said cemetery. 



Acts, 1951. — Chap. 225. 171 

Section 3. The first meeting under this act of the pro- 
prietors of cemetery lots in said cemetery shall be called by 
the clerk of the Greenville Baptist Society in Leicester, by 
posting notice of said meeting at the meeting-house in 
Greenville, and mailing a copy of said notice seven days at 
least before said meeting to each of the incorporators named 
in section one. 

The clerk of the society shall preside at said meeting until 
a clerk is elected and qualified. 

Section 4. The Greenville Baptist Society in Leicester, 
incorporated in the year eighteen hundred and fifty-three 
by chapter two hundred and seventy-four of the acts of 
eighteen hundred and fifty-three, is hereby authorized by a 
two thirds vote of the members present at a duly called 
meeting of said society, to transfer to the above-named 
Greenville Cemetery Corporation certain burial grounds now 
held by the Greenville Baptist Society in Leicester, the 
boundaries of said parcels to be transferred to be mutually 
agreed upon by the said society and the said cemetery 
corporation. 

Section 5. As authorized by law or a decree of a court 
of competent jurisdiction, said Greenville Baptist Society 
in Leicester may grant by a two thirds vote at a duly called 
meeting of said society, and the Greenville Cemetery Cor- 
poration may receive from the Greenville Baptist Society 
in Leicester a conveyance and transfer of funds or other 
property held by the said society in trust for the perpetual 
care of lots in the said cemetery and the general care of said 
cemetery, and also any property devised or bequeathed to 
the said society for cemetery purposes, under the will of 
any person Uving at the time of said transfer or conveyance 
or under the -will of any deceased person not probated at 
the time of said transfer or conveyance and said cemetery 
corporation shall administer the same for the purposes of 
such trusts. 

Interest and dividends accruing on funds deposited in 
trust with any savings bank under the authority of sec- 
tion thirty-seven or thirty-eight of chapter one hundred and 
sixty-eight of the General Laws, or with any trust company 
or banking institution for the benefit of the said cemetery, 
and paid by such savings bank, trust company or banking 
institution to the treasurer or trustees of said cemetery, 
shall, upon such pajnnent to said treasurer or trustees, be 
used for the purposes of said trusts. 

Section 6. The Greenville Baptist Society in Leicester 
by a two thirds vote of the members of said society present 
at a duly called meeting of the said society may transfer to 
the Greenville Baptist Church organized in seventeen hun- 
dred and thirty-eight and duly incorporated in the year 
nineteen hundred and twenty-seven, certain parcels of land 
and buildings thereon, situated in the town of Leicester, 
and certain moneys and trust funds now held for parochial 
purposes in the name of the Greenville Baptist Society in 



172 Acts, 1951. — Chaps. 226, 227. 

Leicester, and the Greenville Baptist Church may receive 
the same, in so far as authorized by a decree of a court of 
competent jurisdiction and in compHance with the terms 
and conditions of such decree. 

Any property or funds devised or bequeathed to said 
society for parochial purposes, under the will of any person 
at the time of said transfer or conveyance or under the will 
of any deceased person not probated, when probated, may 
also be transferred to said church. 

Interest and dividends accruing on funds deposited in 
trust with any savings bank, trust company or banking in- 
stitution for the benefit of said society and church, after 
such conveyance shall be paid to the trustees or treasurer 
of said church, and upon such payment said trustees or 
treasurer shall use the same for the purposes of said trusts. 

Section 7. A surveyor's map of the land specified in 
sections four, five and six shall be filed within sixty days 
after such transfer in the Worcester district registry of 
deeds with the transfer deeds. 

Section 8. This act shall take effect upon its acceptance 
at duly called meetings of the Greenville Baptist Society in 
Leicester and the Greenville Baptist Church by a two thirds 
affirmative vote of the voting members of each organization 
present at said meetings, to be held within two years after 
the passage of this act, but not otherwise. 

Certified copies of said votes shall be filed with the town 
clerk of the town of Leicester, and with the secretary of the 
commonwealth. Approved April 9, 1951. 

Chap.226 An Act authorizing the city of Worcester to take for 

PUBLIC USE THE TATMAN CEMETERY. 

Be it enacted, etc., as follows: 

Section 1. The city of "Worcester is hereby authorized to 
take the tract of land on Greenwood street in said city, known 
as the Tatman Cemetery, for the purposes of a public park, 
and it shall be added to the area known as Greenwood Park, 
upon removing the remains of Revolutionary and Civil War 
dead, and the remains of any other dead in the private ceme- 
tery known as Tatman Cemetery at the entrance of Green- 
wood park in said city, and interring the same in suitable 
graves in Hope Cemetery in said city. 

Section 2. This act shall take full effect upon its accept- 
ance by vote of the city council of the city of Worcester. 

Approved April 9, 1951. 

Chav.221 A-N Act relative to the tenure of office of members of 

THE FIRE DEPARTMENT AND FIRE ALARM DEPARTMENT OF 
THE TOWN OF BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1. Members of the fire department and fire 
alarm department of the town of Braintree, who have been 
regular members thereof for three consecutive years at the 



Acts, 1951. — Chaps. 228, 229. 173 

time this act becomes fully effective, and those who there- 
after complete three consecutive years of service therein, 
may be removed from their positions by the chief of the fire 
department for cause after a hearing and a decision by said 
chief. Said decision may be appealed from to the board of 
selectmen within five days after the giving of notice thereof 
by said chief, and the selectmen shall give a hearing and de- 
cision thereon within thirty days after the filing of a request 
for a hearing. The decision of the selectmen may, within 
thirty days after notice to the employee of the decision of the 
selectmen, be appealed from to the district court subject to 
and in accordance with the provisions of section forty-five of 
chapter thirty-one of the General Laws to the same extent as 
if the position were classified under said chapter thirty-one. 

Section 2. Nothing in this act shall affect the status of 
the chief of the fire department under the provisions of section 
forty-two of chapter forty-eight of the General Laws. 

Section 3. This act shall take full effect upon its accept- 
ance by a majority of the town meeting members of the town 
of Braintree present and voting thereon at an annual town 
meeting. Approved April 10, 1951. 

An Act increasing the number of assistant clerks of Qfiar) 228 

COURTS FOR THE COUNTY OF MIDDLESEX. ^' 

Be it enacted, etc., as follows: 

Section 5 of chapter 221 of the General Laws, as amended, g. l. (Ter. 
is hereby further amended by striking out the fifth para- ^'I'^'etc.l' 
graph, as appearing in section 2 of chapter 336 of the acts an^ended. 
of 1943, and inserting in place thereof the following para- 
graph : — 

Middlesex, subject to approval of a justice of the supreme Assistant 
judicial or superior court, not more than four assistant clerks. c|f^ts°^ 



Approved April 10, 1951. 



An Act authorizing the town of wellesley to es- 
tablish A WAR memorial SCHOLARSHIP FUND. 

Be it enacted, etc., as follows: 

Section 1. The town of Wellesley is hereby authorized 
to establish a War Memorial Scholarship Fund, to raise and 
appropriate the sum of fifty thousand dollars for that purpose 
and to receive, hold and expend contributions to said fund in 
addition to the sum appropriated. Said fund shall be dedi- 
cated as a memorial to Wellesley veterans of World Wars I 
and II, and the scholarships provided for shall be known as 
War Memorial Scholarships. The fund shall be administered 
as herein provided. 

Section 2. The portion of said fund appropriated by 
the town shall be invested in accordance with the general 
laws apphcable to the investment of municipal funds, and 
the portion thereof which is contributed shall be invested and 



Chap.229 



174 Acts, 1951. — Chap. 229. 

reinvested as trust funds are generally invested by indi- 
vidual or corporate trustees in Massachusetts, having in mind 
the way in which the appropriated portion is invested. 

Section 3. The income from the fund, and such portion 
of the principal as is derived from contributions which the 
contributors authorize to be expended, shall be expended to 
provide war memorial scholarships for deserving residents of 
Wellesley who desire to continue their education beyond the 
high school level. 

Section 4. Said fund shall be administered by a board of 
three trustees who shall be residents of Wellesley. Said 
trustees shall be authorized to receive in behalf of the town 
contributions to said fund, to determine from time to time 
how the portion thereof so contributed shall be invested and 
reinvested, and to determine annually on or before the first 
day of May the sum which will be available for such scholar- 
ships for the twelve months commencing on the first day of 
July of that year. Upon determining the sum available for 
such scholarships for any twelve-month period, the trustees 
shall forthwith notify the selectmen thereof. Should any 
such sum or any portion thereof not be expended for such 
scholarships during the period for which it is available, it 
may, at the election of the trustees, be added to the principal 
of the fund or to the sum available for such scholarships for 
the next twelve-month period. 

Section 5. Said fund shall be in the custodj^ of the town 
treasurer who shall be responsible for the investment of the 
portion of the fund appropriated by the town and shall 
invest and reinvest the portion thereof which has been con- 
tributed as the trustees shall direct. 

Section 6. The selectmen shall determine annually the 
number and amounts of war memorial scholarships to be 
awarded from the sum available for the twelve-month period 
beginning on July first, and shall award said scholarships. 
The recipients of such scholarships shall be chosen by the 
selectmen in such manner as they shall elect. 

Section 7. As soon as any sum is appropriated or con- 
tributed for said fund, the selectmen shall promptly appoint 
the first three trustees, one to hold office for one year, one for 
two years and one for three years. At each annual election 
thereafter one trustee shall be elected for a term of three 
years. Each trustee shall hold office until a successor is 
elected. Any vacancy in the board of trustees shall be filled 
by the selectmen. Said trustees shall serve without com- 
pensation. Expenses actually incurred by them in the 
performance of their duties shall be paid from funds appro- 
priated by the town for that purpose. 

Section 8. Action taken under this act at the annual 
town meeting held in the current year shall be as effective 
as though this act had been in full force and effect at the 
time the warrant for said meeting was posted. 

Section 9. This act shall take effect upon its passage. 
Approved April 12, 1951. 



Acts, 1951. — Chaps. 230, 231, 232. 175 

An Act authorizing the city of medford to appropriate nhnr) 9^0 

MONEY for the PAYMENT OF, AND TO PAY, CERTAIN UN- ^' 

PAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Medford 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-one and totalling one thousand three hundred 
and ninety-one dollars and seventy-nine cents as shown 
by a Kst filed in the office of the director of accounts in the 
department of corporations and taxation, as are legally 
unenforceable against said city by reason of its failure to 
comply with the provisions of its charter. 

Section 2. No bill shall be paid under authority of this 
act unless and until a certificate has been signed and filed 
with the auditor of said city, stating under the penalties of 
perjury that the goods, materials or services for which such 
bill has been submitted were ordered by a duly appointed 
and confirmed commission of said city, and that such goods 
and materials were dehvered and actually received by said 
city, or that such services were rendered to said city, or both. 

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

Approved April 12, 1951. 



An Act relative to the granting to unity athletic 

CLUB, inc. of a license FOR THE SALE OF ALCOHOLIC 
BEVERAGES AT ITS HEADQUARTERS IN THE TOWN OF 
LUDLOW. 

Be it enacted, etc., as folloios: 

Section 1. Notwithstanding any limitation of number 
of Ucenses that may be granted under section twelve of 
chapter one hundred and thirty-eight of the General Laws 
in the town of Ludlow, the licensing authority for said town 
is hereby authorized to grant to the Unity Athletic Club, Inc., 
a club duly incorporated under the laws of this common- 
wealth, a license under said section twelve for the sale of 
alcohohc beverages at its club headquarters in said town. 
The hcense granted under authority of this act shall not be 
transferable, and shall, except as herein provided, be subject 
to the provisions of said chapter one hundred and thirty- 
eight of the General Laws relating to the licensing of incorpo- 
rated clubs for the sale of alcohohc beverages. 

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

Approved April 12, 1951. 

An Act authorizing the issuance of an alcoholic 
beverages license to the lawrence lodge of elks, 

NO. 65. 

Be it enacted, etc., as folloios: 

Section 1. Notwithstanding any hmitation of number 
of hcenses that may be granted under section twelve of 
chapter one hundred and thirty-eight of the General Laws 



Chap.2Sl 



Chap.2S2 



176 Acts, 1951. — Chap. 233. 

in the city of Lawrence, the license commission of said city 
is hereby authorized to grant to the Lawrence Lodge of 
Elks, No. 65, a license under said section twelve for the sale 
of alcohoHc beverages at its headquarters in said city to 
members of said organization, and also, subject to regu- 
lations by said Hcense commission, to guests introduced by 
such members and to no others. The hcense granted under 
authority of this act shall not be transferable, and shall, 
except as herein provided, be subject to all applicable provi- 
sions of said chapter one hundred and thirty-eight. 

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

Approved April 12, 1961. 

Chav 233 ^^ Act authorizing the town of dennis to receive and 

ADMINISTER THE PROPERTY OF THE SOUTH DENNIS CEME- 
TERY CORPORATION IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The South Dennis Cemetery Corporation, 
situated in the town of Dennis, may, by deed duly executed, 
convey and transfer to said town, and said town is hereby 
authorized and empowered to receive, and thereafter to 
hold and maintain, but for cemetery purposes only, and sub- 
ject to all rights heretofore existing in any burial lots, the 
real and personal property of said corporation not subject to 
any trust, and thereupon, and upon the transfer of the trust 
funds as hereinafter provided, the said corporation shall be 
dissolved; and the cemetery of said corporation shall be and 
become a public burial place, grounds or cemetery. 

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

Section 3. All real and personal property and property 
rights, acquired by said town from said corporation under 
authority of this act, shall be held and managed by said 
town in the same manner in which cities and towns are au- 
thorized by law to hold and manage property for cemetery 



Acts, 1951.— Chaps. 234, 235, 236. 177 

purposes; provided, that all rights which any persons have 
acquired in the cemetery of said corporation or any lots 
therein shall remain in force to the same extent as if this act 
had not been passed and such transfer had not occurred. 
The records of said corporation shall be deUvered to the 
clerk of said town and such clerk may certify copies thereof. 
Section 4. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Dennis voting thereon at a regular or special town meet- 
ing, called for the purpose, held in the current year or in the 
year nineteen hundred and fifty-two, but not otherwise. 

Approved April IS, 1951. 

An Act relative to the salaries of the ex officiis Chav.2S4: 

MEMBERS OF THE SALEM AND BEVERLY WATER SUPPLY 
BOARD. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 700 of the acts of 1913, 
as amended, is hereby further amended by striking out the 
fifth sentence and inserting in place thereof the following 
sentence : — The ex officiis members shall receive six hundred 
dollars a year. 

Section 2. This act shall take full effect upon its accept- 
ance by vote of the city council of the city of Salem and by 
vote of the board of aldermen of the city of Beverly, subject 
to the provisions of their charters, but not otherwise. 

Approved April 12, 1951. 

An Act authorizing police and other vehicles to dis- (7/iar>.235 

PLAY BLUE LIGHTS IN THE DIRECTION IN WHICH SUCH VE- ^' 

HICLES ARE PROCEEDING OR FACING. 

Be it enacted, etc., as follows: 

The ninth sentence of section 7 of chapter 90 of the Gen- o. l. (Tw. 
eral Laws, as appearing in chapter 260 of the acts of 1949, f 7?et^o!,' 
is hereby amended by inserting after the word "facing", in amended, 
fine 3, the following: — ; and no motor vehicle, except a 
vehicle used by any poUce department of the commonwealth 
or its political subdivisions solely for the official business of 
such department, shall display a blue fight in the direction 
toward which the vehicle is proceeding or facing; provided, 
however, that the registrar by rules and regulations may 
permit other vehicles to display such blue fights. 

Approved April 12, 1951. 

An Act relative to the tenure of the present incum- Qliav.'2'^Q 

BENT OF the POSITION OF SMOKE INSPECTOR IN THE DE" ^' 

PARTMENT OF PUBLIC HEALTH OF THE CITY OF HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. The incumbe/it of the position of smoke in- 
spector in the department o f pubfic health of the city of 
Holyoke on the effective date of this act shaU continue to be 



178 Acts, 1951. — Chaps. 237, 238. 

employed in said position, and may be removed therefrom 
by the appointing authority only for cause and after a hear- 
ing and a decision by the appointing authority. Said deci- 
sion may be appealed from to the board of aldermen within 
five days after the giving of notice thereof by the appointing 
authority, and the board of aldermen shall give a hearing 
and decision thereon within thirty days after the filing of a 
request for a hearing. The decision of the board of alder- 
men may, within thirty days after notice to the employee of 
the decision of the board of aldermen, be appealed from to 
the district court subject to and in accordance with the pro- 
visions of section forty-five of chapter thirty-one of the 
General Laws to the same extent as if the position were 
classified under said chapter thirty-one. 

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

Approved April 12, 1951. 

Chap. 2'^! An Act increasing the salaries of the mayor and 

ALDERMEN OF THE CITY OF CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. Section 65 of Part II of chapter 680 of the 
acts of 1911, as amended, is hereby further amended by 
striking out the first sentence and inserting in place thereof 
the following : — The salary of the mayor shall be six thou- 
sand dollars per annum, and the salary of each alderman one 
thousand dollars per annum, except that in case of a vacancy 
in the office of mayor the president of the board of aldermen 
shall be entitled to the salary of the mayor while performing 
the duties of mayor. 

Section 2. This act shall be submitted to the registered 
voters of the city of Chelsea at its regular municipal election 
in the current year in the form of the following question, 
which shall be placed upon the official ballot to be used at 
said election: — "Shall an act passed by the General Court 
in the current year, entitled 'An Act increasing the salaries 
of the mayor and aldermen of the city of Chelsea', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the aflBrmative, this act shall take effect as of 
January first, nineteen hundred and fifty-one, but not 
otherwise. Approved April 12, 1951. 

Chap 238 ^^ ^^'^ providing for the holding of biennial mu- 

NICIPAL ELECTIONS IN THE CITY OF BEVERLY IN ODD- 
NUMBERED YEARS AND ESTABLISHING THE DATE OF SAID 
ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and fifty-five, biennial municipal elections in the city of 
Beverly for the choice of mayor, members of the board of 



Acts, 1951.— Chap. 239. 179 

aldermen and members of the school committee shall be 
held on the second Tuesday of November in every odd- 
numbered year. 

Section 2. No biennial municipal election shall be held 
in said city in the year nineteen hundred and fifty-four. 

Section 3. The terms of office of the mayor and of the 
members of the board of aldermen elected in said city in 
the year nineteen hundred and fifty-two shall continue until 
the quaUfication of their successors who shall be elected at 
the biennial municipal election to be held in the year nine- 
teen hundred and fifty-five. The terms of ofiice of the 
members of the school committee elected in said city in the 
year nineteen hundred and fifty shall continue until the 
quahfication of their successors who shall be elected at the 
biennial municipal election to be held in the year nineteen 
hundi-ed and fifty-five. The terms of office of the members 
of the school committee elected in said city in the year 
nineteen hundred and fifty-two shall continue until the 
qualification of their successors who shall be elected at the 
biennial municipal election to be held in the year nineteen 
hundred and fifty-«even. 

Section 4. Such provisions of chapter five hundred and 
forty-two of the acts of nineteen hundred and ten, and acts 
in amendment thereof or in addition thereto, as are incon- 
sistent with this act are hereby repealed. 

Section 5. This act shall be submitted to the registered 
voters of the city of Beverly at the biennial state election in 
the year nineteen hundred and fifty-two 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-one, entitled 'An Act providing for the holding of 
biennial municipal elections in the city of Beverly in odd- 
numbered years and establishing the date of said elections', 
be accepted?" If a majority of the voters voting thereon 
vote in the aflSrmative in answer to said question, this act 
shall thereupon take full effect, but not otherwise. 

Approved April 12, 1951. 



An Act relative to permissible pay roll deductions Chap.2S9 
under the laws regulating assignment of wages 

AND weekly payment OF WAGES. 

Be it enacted, etc., asfolloivs: 

Chapter 154 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 8, as most recently amended by chapter f glV/.*' 
204 of the acts of 1950, and inserting in place thereof the amended, 
following : — Section 8. None of the foregoing sections of Certain 
this chapter, nor section one hundred and forty-eight of from?aw°^ 
chapter one hundred and forty-nine, shall be applicable to asfi^nment 
or control or prohibit the deduction of labor or trade union of wages, 
or craft dues or obHgations, subscriptions to a non-profit ^*''' 



180 Acts, 1951. — Chaps. 240, 241, 242. 

hospital service corporation established under chapter one 
hundred and seventy-six A, or to a medical service corpora- 
tion established under chapter one hundred and seventy- 
six B, or to a charitable corporation, or payments or contri- 
butions of or toward the cost of or the premiums on any 
insurance policy or annuity contract or purchase of govern- 
ment bonds, or purchase of stock pursuant to an employee 
stock purchase plan, 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 request, 
whether recorded or not, except in the case of labor or trade 
union or craft dues, shall be regarded as an assignment valid 
against a trustee process. Approved April 12, 1951. 



Chap. 24:0 An Act authorizing the somerville savings bank to 

ACQUIRE ADDITIONAL REAL ESTATE SUITABLE FOR A 
PARKING LOT OR FOR OTHER BANKING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The Somerville Savings Bank, incorporated 
under the laws of the commonwealth, may, subject to the 
approval of the commissioner of banks, invest its deposits 
to an amount not exceeding three thousand dollars in the 
purchase and preparation of a suitable site in the city of 
Somerville for a parking lot to be used in the transaction of 
its business or for other banking purposes. 

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

Approved April 20, 1951. 

Chav.24:l An Act authorizing the town of Chatham to convey 

A CERTAIN PORTION OF THE OLD WILLIAM NICKERSON 
CEMETERY IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Chatham may by deed duly 
executed convey and transfer, for a consideration, to John 
and Idamarie Halhnan a ten-foot section of the Old WilHam 
Nickerson cemetery on the two sides adjacent to their dwell- 
ing, together with aU other rights of said town therein. 

Section 1A. Any action taken by the town of Chatham 
at its annual town meeting in the current year shall be as 
vaUd and effective as if this act were in effect at the time 
when the warrant for such annual meeting was posted. 

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

Approved April 20, 1951. 



Chap. 242 An Act relative to annual vacations for certain 

EMPLOYEES OF CERTAIN CITIES AND TOWNS. 

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

defeat its purpose, which is to put into effect on May first 
of the current year new provisions of law relating to the va- 



Acts, 1951. — Chap. 243. 181 

cation allowances of certain employees of certain cities and 
towns, therefore it is hereby declared to be an emergency 
■law, necessary for the immediate preservation of the pubhc 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 111 of chapter 41 of the General Ed^iT*'' 
Laws is hereby amended by striking out the first paragraph, § iii. etc.. 
inserted by section 1 of chapter 475 of the acts of 1949, and ^™^°^«'^- 
inserting in place thereof the following paragraph : — In any Annual vaca- 
city or towTi which has accepted chapter two himdred and cLrtain^em- 
seventeen of the acts of nineteen hundred and fourteen or has ^^f^ln cHies 
accepted this section in any form, or which accepts this sec- and towns, 
tion in the manner hereinafter provided, or has accepted 
earlier provisions of this section, every permanent civil 
service employee as well as every person classified as a com- 
mon laborer, skilled laborer, mechanic or craftsman, shall 
be granted a vacation of not less than two weeks without 
loss of pay in each calendar year if he has actually worked 
for such city or town for thirty weeks in the aggregate during 
the twelve months preceding the first day of June in such 
year. Such vacation shall be granted by the head of the 
respective department of the city or town at such time as in 
his opinion will cause the least interference with the per- 
formance of the regular work of the city or town. Any 
official of a city or town whose duty it is to grant a vacation 
as provided by this section who wilfully refuses to grant the 
same shall be punished by a fine of not more than one hun- 
dred dollars. The department of labor and industries shall 
enforce this section and shall have all necessary powers 
therefor. 

Section 2. This act shall take effect on May first in the Effective 
current year. Approved April 20, 1951. ^^^^' 



An Act relative to salaries of certain county em- Chap.24:S 

PLOYEES. 

Whereas, The deferred operation of this act would tend ^^^^f^^ 
to defeat its purpose, which in part is to provide without 
delay additional income to certain employees of the various 
counties, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the pubKc 
convenience. 

Be it enacted, etc., as follows: 

Any provisions of chapter seven hundred and eighty-two 
of the acts of nineteen hundred and forty-nine to the con- 
trary notwithstanding, any employee of any county, except 
Suffolk, who did not receive a salary increase because he was 
receiving a salary rate higher than that fixed by his allocation 
shall receive an increase of three hundred and sixty dollars. 

Approved April 20, 1951. 



182 



Acts, 1951. — Chaps. 244, 245, 246. 



Chap. 24:4: An Act providing that the clerk of court shall enter 

THE interest ON THE AMOUNT OF THE AWARD IN CERTAIN 
CIVIL ACTIONS. 

Be it enacted, etc., as follows: 

Section 6B of chapter 231 of the General Laws, inserted 
by section 1 of chapter 212 of the acts of 1946, is hereby 
amended by inserting after the word "added", in hne 5, 
the words : — by the clerk of court, — so as to read as fol- 
lows: — Section 6B. In any action of tort in which a ver- 
dict is rendered or a finding made for pecuniary damages 
for personal injuries to the plaintiff or for consequential 
damages, or for damage to property, there shall be added by 
the clerk of court to the amount of damages interest thereon 
from the date of the writ, even though such interest brings 
the amount of the verdict or finding beyond the maximum 
liabiUty imposed by law. Approved April 20, 1951. 



G. L. (Ter. 
Ed.). 231, 
§ 6B, etc.. 
amended. 



Interest to 
be added by 
clerk of 
court in 
tort actions. 



C/iap. 245 An Act relative to the remuneration of civil engi- 
neers EMPLOYED BY CERTAIN CITIES. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provisions of 
general or special law, any city having a population of fifty 
thousand or more, except the city of Boston, which employs 
civil engineers under the civil service regulations, class 
twenty-seven, and which accepts this act, as hereinafter 
provided, shall adopt the remuneration plan, grade for 
grade, currently in effect, for civil engineers and inspectors 
in the employ of the state department of public works. 

Section 2. This act shall become effective in any such 
city upon its acceptance by vote of the city council, subject 
to the provisions of its charter, or, in cities having a city 
manager, by such manager. Approved April 20, 1951. 



Chap.24Q An Act regulating investments by credit unions. 
Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 171, 
§ 21, etc., 
amended. 

Investments 
by credit 
unions, 
regulated. 



Section 21 of chapter 171 of the General Laws, as most 
recently amended by chapter 341 of the acts of 1949, is hereby 
further amended by striking out the first sentence and in- 
serting in place thereof the following sentence : — The capi- 
tal, deposits and surplus of a credit union shall be invested 
in loans to members, with approval of the credit committee, 
as provided in section twenty-two, and also when so required 
herein, of the board of directors; and any capital, deposits 
or surplus funds in excess of the amount for which loans 
shall be approved by the credit committee and the board of 
directors, may be deposited in savings banks or trust com- 
panies incorporated under the laws of this commonwealth, 
or in national banks located therein, or invested in any 
bonds, notes, bankers' acceptances or bank stocks which are 



Acts, 1951. — Chaps. 247, 248. 183 

at the time of their purchase legal investments for savings 
banks in this commonwealth, or, to the extent authorized by- 
section three of chapter two hundred and sixteen of the acts 
of nineteen hundred and thirty-two, in the shares of Central 
Credit Union Fund, Inc., or in the shares of co-operative 
banks incorporated in this commonwealth, or in shares of 
federal savings and loan associations having a usual place of 
business within the commonwealth to an amount not to ex- 
ceed five thousand dollars in any one of such associations, 
but not more than five per cent of the assets, but in any case 
not to exceed fifteen thousand dollars, of a credit union shall 
be invested in bank stocks at any one time. 

Approved April 20, 1951. 

An Act providing for indemnification of police chauf- Chap. 2^1 

FEURS IN THE CITY OF LOWELL FOR CERTAIN EXPENSES OR 
DAMAGES INCURRED BY THEM. 

Be it enacted, etc., as follows: 

Section 1. The provisions of section one hundred of 
chapter forty-one of the General Laws shall apply to cer- 
tain employees of the pohce department in the city of 
Lowell known as police chauffeurs. 

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

Approved April 20, 1951. 



An Act relative to the hours of duty of permanent 
members of the fire department in the city of 
newburyport. 

Be it enacted, etc., as follows: 

Section 1. The hours of duty of the permanent members 
of the uniformed fire fighting force in the city of Newbury- 
port 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 forty-eight in number. Sections fifty-six, fifty-seven, 
fifty-eight A and fifty-nine of chapter forty-eight of the 
General Laws shall not apply to the permanent members of 
the uniformed fire fighting force in said city. 

Section 2. This act shall be submitted for acceptance to 
the voters of said city at its next biennial municipal election 
in the form of the following question, which shall be placed 
upon the official ballot to be used at said election: — "Shall 
an act passed by the general court in the year nineteen hun- 
dred and fifty-one, providing for a forty-eight hour week for 
the permanent members of the fire department of this city, 
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 April 20, 1951. 



ChapMS 



184 



Acts, 1951. — Chap. 249. 



G.L. (Ter. 
Ed.), 175, 
I 132A, etc. 
amended. 



Group annuit 

contracts, 

defined. 



Chap. 249 An Act further defining group annuity contracts. 
Be it enacted, etc., as follows: 

Section 1. Section 132A of chapter 175 of the General 
Laws, as inserted by section 1 of chapter 313 of the acts of 
1945, is hereby amended by striking out clause (6) of the 
first paragraph and inserting in place thereof the following: — 

(6) to an employers' association, and providing for the 
payment of annuities on all of the employees of any or all 
the members of such association or of any specified class or 
classes of such employees, and which requii-es that the con- 
siderations or stipulated payments shall be paid either 
wholly by each employer with respect to his or its employees, 
or jointly by the employer and his or its employees, or with 
gifts or other voluntary contributions received by such em- 
ployers' association; or 

(c) to a trade union or other association of wage workers 
described in section twenty-nine, and providing for the pay- 
ment of annuities on all of the members of such union or 
association or of any specified class or classes thereof, and 
which requires that the considerations or stipulated pay- 
ments shall be paid wholly with funds contributed by such 
union or association, the employer or employers of the per- 
sons covered under the contract, or both, or partly with such 
funds and partly with funds contributed by the persons 
covered under the contract; or 

id) to the trustee or trustees of a fund established by one 
or more employers, or by one or more trade unions or other 
associations of wage workers described in section twenty- 
nine, or by one or more employers and one or more such 
unions or associations, and providing for the payment of 
annuities on all of the employees of the employers or all of 
the members of the unions or associations, or all of any class 
or classes thereof, and which requires that the considerations 
or stipulated payments shall not be paid wholly with funds 
contributed specifically for such coverage by the persons 
covered thereunder except in the case of coverage of a part- 
ner or an individual proprietor. 

Section 2. Said section 132A, as so inserted, is hereby 
further amended by striking out the second paragraph and 
inserting in place thereof the following : — 

The word "employees", as used in this section, shall in- 
clude the individual proprietor or partners if an employer 
is an individual proprietor or partnership, and, in the case 
of a corporation, the employees of its subsidiary or afhhated 
corporations, and the individual proprietors, partners and 
employees of afhhated individuals and firms controlled by 
the holder or by a member of an employers' association 
through stock ownership, contract or otherwise, and retired 
employees and oflScers and managers of any employer, and 
the widows and dependent children of deceased employees. 
The words "members of a trade union or other association of 



G. L. (Ter. 
Ed.), 175. 
§ 132A, etc., 
amended. 

"Employees" 
defined. 



Acts, 1951. — Chaps. 250, 251. 185 

wage workers described in section twenty-nine" shall in- 
clude employees of such union or association, retired mem- 
bers and the widows and dependent children of deceased 
members. 

Section 3. Said section 132A, as so inserted, is hereby g l. (Ter. 
further amended by striking out the last paragraph and in- § 132!. etc.. 
serting in place thereof the following : — Imended. 

The word "holder", as used in this section and sections "Holder" 
one hundred and thirty-two B and one hundred and thirty- defined, 
two D, shall mean the person, firm, association, corporation, 
trustee or trustees, or trade union or other association of 
wage workers described in section twenty-nine, to whom or 
to which a group annuity contract is issued. 

Approved April 20, 1951. 

An Act increasing the amount of damages that may QJiary^ib^ 

BE recovered in ACTIONS FOR DEATH DUE TO NEGLI- 
GENCE. 

Be it enacted, etc., as follows: 

Section 2C of chapter 229 of the General Laws, inserted g. l. (Ter. 
by section 3 of chapter 427 of the acts of 1949, is hereby §^20, etc.', 
amended by striking out, in line 8, the word "fifteen" and amended, 
inserting in place thereof the word : — twenty, — so as to 
read as follows : — Section 2C. Except as provided in sec- Damages for 
tions one, two and two A, a person who by his negHgence or negi*ie^/ce of 
by his wilful, wanton or reckless act, or by the negligence or 'g°f ''''^"*^' 
wilful, wanton or reckless act of his agents or servants while 
engaged in his business, causes the death of a person in the 
exercise of due care, who is not in his employment or service, 
shall be hable in damages in the sum of not less than two 
thousand nor more than twenty thousand dollars, to be 
assessed wath reference to the degree of his culpability or of 
that of his agents or servants, to be recovered in an action 
of tort, commenced, except as provided by sections four and 
ten of chapter two hundred and sixty, within two years 
after the injury which caused the death by the executor or 
administrator of the deceased, to be distributed as provided 
in section one. Approved April 20, 1951. 

An Act relative to publication of notice of classi- Chap. 251 

FICATION OF risks AND PREMIUM CHARGES FOR COM- ^' 

PULSORY MOTOR VEHICLE LIABILITY INSURANCE. 

Be it enacted, etc., as follows: 

The third paragraph of section 113B of chapter 175 of g l. (Ter. 
the General Laws is hereby amended by inserting after the § iisB^etc. 
word "Haverhill", in Kne 4, the word: — , Holyoke, — so amended, 
as to read as follows : — 

The commissioner shall cause notice of every such hearing Establish- 
to be given by advertising the date thereof once in at least ^tesand 
one newspaper printed in each of the cities of Boston, p^|^^^ 



186 Acts, 1951. — Chaps. 252, 253, 254. 

Worcester, Springfield, Newburyport, Gloucester, Pittsfield, 
Fall River, New Bedford, Haverhill, Holyoke and Lawrence, 
at least ten days prior to said date, and he shall incorporate 
in such notice or publish therewith a schedule clearly and 
precisely setting forth the premium charges proposed to be 
fixed and estabUshed for the ensuing calendar year. Such 
notice and schedule shall be in such form as the commissioner 
may deem expedient. Approved April 20, 1951. 

Chap. 252 An Act relative to sidewalk assessments in the city 

OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1 of chapter 437 of the acts of 1893, as most re- 
cently amended by section 1 of chapter 203 of the acts of 
1943, is hereby further amended by striking out the second 
sentence and inserting in place thereof the following : — 
Within six months after the completion of such sidewalk, 
provided that entry for the purpose of constructing, grading 
or completing the sidewalk shall be made within two years 
after the date of the approval by the mayor of the order 
therefor, the board of street commissioners of said city shall 
determine the value of the benefit or advantage to each 
estate especially benefited by the sidewalk and shall assess 
upon the several estates so benefited in proportion to said 
values such part, not exceeding one half, of the cost of the 
sidewalk as said board shall deem just; but no such assess- 
ment shall exceed the amount of the special benefit re- 
ceived . A pproved A pril 20, 1 961 . 

Cha'p.253 -^^ Act relative to the giving of demonstrations by 
demonstrators under the law regulating the oc- 
cupation OF hairdressing. 

Be it enacted, etc., as follows: 
g. l. (Ter. Scctiou 87W of chapter 112 of the General Laws, as 

f 87wVftc., amended, is hereby further amended by adding at the end 
amended. ^]^q following Sentence: — Such demonstrations shall be 
t?oM°tJfbe^' given by a demonstrator only in a registered beauty shop, 
cirtTin°piaces ^^ ^^^^ busluess Quarters of distributors or supply houses in 
only. this commonwealth, at hairdressers' trade shows or meet- 

ings in the presence of hcensed beauty shop owners and their 
employees, or in schools of beauty culture with a Hcensed 
instructor in attendance. Approved April 20, 1951. 

Chap. 254: An Act further regulating the hunting of hares and 

rabbits. 

Be it enacted, etc., as folloios: 

G^L. (Ter. Sectiou 65 of chapter 131 of the General Laws, as appear- 

§ 65.' etc.,' ing in section 2 of chapter 599 of the acts of 1941, is hereby 

amended. amended by striking out, in line 8, the word "fifteenth" 

and inserting in place thereof the word: — fifth. 

Approved April 20, 1961. 



Acts, 1951.— Chap. 255. 187 

An Act authorizing the city of Cambridge to sell for Chap. 255 

HOUSING purposes CERTAIN LAND ACQUIRED FOR WATER 
SUPPLY PURPOSES. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Cambridge, by its proper au- 
thority, is hereby authorized to sell, transfer and convey for 
housing purposes the following described parcels of land 
which are portions of land taken or acquired under the pro- 
visions of chapter one hundred and fifty-three of the acts of 
eighteen hundred and sixty-five, chapter one hundred and 
forty-five of the acts of eighteen hundred and seventy-five, 
chapter two hundred and fifty-six of the acts of eighteen 
hundred and eighty-four and chapter one hundred and thirty- 
seven of the acts of eighteen hundred and eighty-eight for 
the purposes of providing a reservoir and storage basin for 
said city and for protecting the purity of its water supply; 
provided, that the water board of said city shall, at a regular 
meeting thereof vote that said parcels of land are no longer 
needed for the original purpose under which they were ac- 
quired, and assent to such sale; and provided, further, that 
no portion of the tracts of land herein referred to shall be 
sold for housing lots until adequate public sewerage and 
water supply works have been made available in accord- 
ance with plans previously submitted and approved by the 
state department of pubhc health; and provided, further, 
that no premises within such tracts shall be occupied until 
said premises are connected with such public water supply 
and pubhc sewerage systems; and provided, further, that 
no private sewage disposal works shall be installed on said 
premises unless approved by said department of pubhc 
health; and provided, further, that said works shall be con- 
structed and maintained in accordance with plans so ap- 
proved. Said parcels are bounded and described as follows : — 

Lot A. Beginning at a point in the easterly line of Grove 
street, said point being distant southerly two hundred and 
fifty and sixty-one one hundredths (250.61) feet from the 
intersection of the northerly line of Blanchard road and 
the easterly hne of Grove street extended; 

Thence, at ninety degrees and in an easterly direction one 
hundred (100.0) feet to a point; 

Thence, southerly fifty-two (52.0) feet to a point; 

Thence, easterly twenty (20.0) feet to a point; 

Thence, southerly, one thousand, five hundred and forty- 
eight (1,548.0) feet to a point in the northerly line of Huron 
avenue; 

Thence, westerly ninety-eight (98.0) feet to a point; 

Thence, again westerly fourteen (14.0) feet to a point; 

Thence, by a curved hne and in a westerly and northerly 
direction seventy-five and sixty-four one hundredths (75.64) 
feet to a point; 

Thence, northerly thirty-three and fifteen one hundredths 
(33.15) feet to a point; 



188 Acts, 1951. — Chap. 255. 

Thence, by a curved line and in a northerly direction one 
hundred and seventy-eight (178.0) feet to a point; 

Thence, again northerly one hundred and forty-six and 
seventy-six one hundredths (146.76) feet to a point; 

Thence, continuing along the easterly line of Grove street 
and in a northerly direction one thousand, seventy-four and 
nine one hundredths (1,074.09) feet to the point of beginning. 

The above described parcel of land, containing one hun- 
dred and eighty-three thousand, six hundred and eighty 
square feet, (183,680.0) is shown as Lot "A" on a plan, 
drawn by Edgar W. Davis, city engineer, dated February 5, 
1951, and on file in the office of the city engineer. All the 
above measurements and areas being more or less. 

Lot B. Beginning at a point in the southerly line of 
Blanchard road, said point being distant easterly along the 
said southerly line of Blanchard road, three hundred and 
eighty-five (385.0) feet from the intersection of the south- 
erly line of Blanchard road extended and the easterly hne 
of Grove street extended; 

Thence, turning ninety (90°) degrees and in a southerly 
direction, one hundred and twenty (120.0) feet to a point; 

Thence, in an easterly and northerly direction, one thou- 
sand, one hundred and fifty-two (1,152.0) feet to a point; 

Thence, westerly, one hundred and twenty (120.0) feet to 
a point in the easterly line of Blanchard road; 

Thence, in a southerly and westerly direction along the 
easterly and southerly line of Blanchard road, one thousand 
and twelve (1,012.0) feet to a point of beginning, containing 
one hundred and twenty-nine thousand, eight hundred and 
forty (129,840.0) square feet. All the above measurements 
and areas being more or less. 

The above parcel of land is shown upon a plan, entitled 
"Part of Fresh Pond Reservation, Cambridge, Massachu- 
setts, proposed for Housing Development," drawn by Edgar 
W. Davis, city engineer, dated February 5, 1951, and on 
file in the office of the city engineer. Said plan shall be re- 
corded in the Middlesex South Registry of Deeds. 

Section 2. Said city is hereby further authorized to sub- 
divide the above tracts into house lots, as shown on the 
plans herein referred to, to lay out and provide or cause to 
be provided ways and other public utilities for the use in- 
tended, to such extent as it deems necessary or advisable. 

Section 3. Said house lots shall be sold under such terms 
as shall be established by the city council of said city; pro- 
vided, however, that not more than one lot shall be sold to 
any one person or corporation. 

Section 4. This act shall take full effect upon its accept- 
ance, during the current year, by vote of the city council of 
said city, subject to the provisions of its charter, but not 
otherwise. Approved April 20, 1951. 



Acts, 1951. — Chaps. 256, 257, 258. 189 



An Act authorizing the commissioner of corporations C hap. 26Q 

AND taxation TO PETITION THE SUPERIOR COURT FOR THE 
REMOVAL OF CITY OR TOWN COLLECTORS IN CERTAIN CIR- 
CUMSTANCES. 

Be it enacted, etc., as folio ivs: 

Section 39B of chapter 41 of the General Laws, inserted Ed^.ff^'^' 
by chapter 284 of the acts of 1943, is hereby amended by § 39B eje., 
inserting after the word "funds", in hne 4, the words: — ^'^^'' ^ ' 
or sums due such city or toA\Ti for taxes or otherwise, — so 
that the first sentence will read as follows : — If, in the Removal of 
opinion of the commissioner of corporations and taxation, coll^^i^sfoner. 
hereinafter referred to as the commissioner, the safety of 
any city or town funds or sums due such city or town for 
taxes or otherwise may be jeopardized by the continuation 
in office of a city or town collector or a treasurer acting as 
such collector, the commissioner may petition the superior 
court for the removal of such ofiicer. 

Approved April 20, 1951. 

An Act authorizing members of police and fire de- Qhav 257 

PARTMENTS TO BE PRESENT AT POLLING PLACES IN CER- ^" 

TAIN ELECTIONS. 

Be it enacted, etc., as follows: 

Section 65 of chapter 54 of the General Laws, as amended, Ed^'sl^*^' 
is hereby further amended by inserting after the first para- § e's.'etc'.. 
graph the following paragraph : — amended. 

No rule, regulation or provision of law shall prohibit a ^i^g^^^d"^ 
person who is a member of a pohce or fire department of the Ek depOTt- 
commonwealth, or any political subdivision thereof, who is C'e^prL^nt'at 
not on active duty, from distributing such material one fn^^'^lfn*''®* 
hundred and fifty feet distant from a polling place in an dectLns" 
election where there appears on the ballot a referendum 
pertaining to, or affecting, the conditions of employment, 
including hours of labor and compensation, in the depart- 
ment of which said person is a member subject to the pro- 
visions of this section. Approved April 20, 1951. 

An Act increasing the purposes of the seamen's widow Chap.258 

AND orphan association. 

Be it enacted, etc., as follows: 

Section 1 of chapter 99 of the acts of 1844 is hereby 
amended by inserting after the word "seamen" in fine 5 the 
words : — and their worthy descendants, — so as to read as 
follows: — Section 1. Frances P. B. True, Catharine T. 
Andrew, Deborah Archer, their associates and successors, 
are hereby made a corporation, by the name of the Seamen's 
Widow and Orphan Association, for the purpose of afford- 
ing rehef to the widows and orphans of seamen and their 



190 Acts, 1951. — Chaps. 259, 260, 261. 

worthy descendants, with all the powers and privileges, and 
subject to all the duties and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

Approved April 20, 1951. 

Chap.259 An Act designating the new wing at the Northampton 

STATE HOSPITAL AS THE ARTHUR PRUZINSKI MEMORIAL 
BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The new tuberculosis wing erected at the 
Northampton state hospital shall be known and designated 
as the Arthur Pruzinski Memorial Building. The commis- 
sioner of mental health shall cause a suitable tablet bearing 
said designation to be placed in said wing. 

Section 2. This act shall take effect upon its passage. 
Approved April 24, 1951. 

Chap.260 An Act increasing the amount of money which the 

city of new BEDFORD MAY BORROW FOR THE CONSTRUC- 
TION OF ADDITIONS TO THE NEW BEDFORD VOCATIONAL 
HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 152 of the acts of 1950 
is hereby amended by striking out, in line 6, the words "four 
hundred" and inserting in place thereof the words: — six 
hundred and fifty, — so as to read as follows : — Section 1 . 
For the purpose of constructing additions to the New 
Bedford vocational high school and of originally 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 six hundred and fifty thousand 
dollars, and may issue bonds or notes therefor which will 
bear on their face the words New Bedford Vocational High 
School Addition Loan, Act of 1950, which authorized issue 
shall constitute a separate loan and such loans shall be paid 
in not more than twenty years from their dates. 

Indebtedness incurred under this act shall be in excess of 
the statutory limit, but shall, except as herein provided, be 
subject to chapter forty-four of the General Laws, including 
the limitation contained in the first paragraph of section 
seven thereof. 

Section 2. This act shall take effect upon its passage. 
Approved April 2 4, 1951. 

Chap.261 An Act providing for a five day work week for police 

OFFICERS OF THE TOWN OF WEYMOUTH. 

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 
town of Weymouth shall be restricted to five days in any one 



Acts, 1951. — Chaps. 262, 263. 191 

week; provided, that, in case of any public emergency, or 
of any unusual demand for the services of said poUce, service 
in excess of five days may be authorized by the chief of police, 
and such additional services shall be compensated for as 
overtime. The compensation payable to any police officer 
shall not be reduced by reason of this act. 

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

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

Approved April 24, 1951. 

An Act exempting certain motor vehicles from certain Chap. 2^2 

PROVISIONS OF LAW RELATIVE TO CARRIERS OF PROPERTY 
BY MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

Section 13 of chapter 159B of the General Laws, as most g. l. (Ter. 
recently amended by section 5 of chapter 400 of the acts of f Is.' e\^c^.^' 
1945, is hereby further amended by striking out the first amended. 
sentence and inserting in place thereof the following sen- 
tence: — Motor vehicles owned by the commonwealth or state and 
any of its poUtical subdivisions, motor vehicles engaged ^eWdersub- 
under a contract with a city or town in the transportation i>|ghteM^°*''*° 
of garbage, refuse or offal, and any motor vehicle while en- 
gaged in the transportation of property for the common- 
wealth or any of its political subdivisions if the owner of 
such vehicle has no interest, directly or indirectly, in any 
other motor vehicle, shall be subject to section eighteen, but 
shall be exempt from all other provisions of this chapter. 

Approved April 24, 1961. 



Chap.2QS 



An Act regulating the sale and use of air rifles or 
so-called bb guns. 

Be it enacted, etc., as follows: 

Chapter 269 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 12, as amended by chapter 219 of the §§^i2A^aAd^"' 
^cts of 1951, the two following sections: — Section 12 A. i2B, added. 
Whoever sells to a minor under the age of sixteen or whoever, Saie of air 
not being the parent, guardian or adult teacher or instructor, [atld.'^^"' 
furnishes to a minor under the age of sixteen an air rifle or 
so-called BB gun, shall be punished by a fine of not less than 
fifty nor more than two hundred dollars or by imprisonment 
for not more than six months. 

Section 12B, No minor under the age of sixteen shall Use of^air 
have an air rifle or so-called BB gun in his possession while fated. "^^^^ 
in any place to which the public has a right of access unless 
he is accompanied by an adult or unless he is the holder of a 
sporting or hunting license and has on his person a permit 
from the chief of poUce of the town in which he resides grant- 



192 Acts, 1951. — Chaps. 264, 265. 

ing him the right of such possession. No person shall dis- 
charge a BB shot, pellet or other object from an air rifle or 
so-called BB gun into, from or across any street, alley, public 
way or railroad or railway right of way, and no minor under 
the age of sixteen shall discharge a BB shot, pellet or other 
object from an air rifle or BB gun unless he is accompanied 
by an adult or is the holder of a sporting or hunting Hcense. 
Anj^ person violating this section shall be punished by the 
confiscation of such air rifle or BB gun or by a fine of not 
less than ten nor more than fifty dollars or both. 

Approved April 24, 1951. 

Chap.2Q4 An Act increasing the amount of insurance which a 

SAVINGS AND INSURANCE BANK MAY ISSUE ON ONE LIFE, 
BUT WITHOUT CHANGING THE AGGREGATE AMOUNT WHICH 
SAID BANKS MAY ISSUE ON ONE LIFE. 

Fie it enacted, etc., as follows : 

EdVm'^uo Chapter 178 of the General Laws is hereby amended by 
etc, amended. ' Striking out sectiou 10, as most recently amended by sec- 
tion 1 of chapter 112 of the acts of 1946, and inserting in 
'^j'ucres'^or^ placc thereof the following section: — Section 10. No sav- 
annliity'" ings and insurance bank shall write any poficy or annuity 

contracts. contract binding it to pay more than five thousand dollars, 

exclusive of dividends or profits, upon the death of any one 
person, except under such agreement as it may make to pay 
an amount equal to a cash surrender value wliich may ex- 
ceed five thousand dollars, and except for such amount, if 
any, as it may be bound to pay upon the death of such per- 
son under an employees' group policy, or under an annuity 
contract embodying an agreement to refund, upon the death 
of the holder, to his estate or to a specified payee, a sum not 
exceeding the premiums paid thereon with compound in- 
terest, nor shall it write any annuity contract otherwise bind- 
ing it to pay in any one year more than two hundred dollars, 
exclusive of dividends or profits. The aggregate amount of 
savings bank life insurance which may be issued or in force 
at any time on any one life, in all savings and insurance banks, 
shall not exceed an aggregate amount which would be equal 
to one thousand dollars in each savings and insurance bank, 
exclusive of group insurance, dividends and profits. 

Approved April 24, 1951. 

Chap. 2Q5 An Act relative to refunds of certification fees of 

THE DIRECTOR OF ACCOUNTS. 

Be it enacted, etc., as follows: 

EdV' ill '6 Section 26 of chapter 44 of the General Laws, as appearing 

amended. " ' in the Tercentenary Edition, is hereby amended by adding 

at the end the following: — ; provided, that application for 

such a refund shall be made to the director within twenty 

days after the certification of the notes for which the fee was 



Acts, 1951. — Chap. 266. 193 

paid, — so as to read as follows: — Section 26. The director Fees t^o be 
shall estabHsh a reasonable fee for every note certified, to be director and 
turned over monthly to the commonwealth; and the state f^jasiry" 
treasurer may refund the amount of any fee deposited with 
him by said director for the certification of any note which 
may be cancelled before money is obtained thereon; pro- 
vided, that application for such a refund shall be made to 
the director witliin twenty days after the certification of 
the notes for which the fee was paid. 

Approved April 24, 1951. 

An Act establishing standard sizes in connection Chap. 266 

WITH the sale and DISTRIBUTION OF EGGS. 

Be it enacted, etc., as follows: 

Chapter 94 of the General Laws is hereby amended by 2,a\' gj'''^' 
striking out section GOB, inserted by chapter 404 of the acts § goB. etc., 
of 1938, and inserting in place thereof the following section: ^irnended. 
— Section 90B. No person shall sell, or offer or expose for l^^'for^'eggs 
sale, eggs unless the carton or other container thereof con- offered for 
tains or bears a proper designation or description relating to ^* ^' 
the size of such eggs, as hereinafter provided, and no person 
shall advertise eggs for sale at stated prices unless such 
advertisement contains a proper designation or description 
relating to the size of such eggs, as hereinafter provided. 

Eggs shall be di\dded into, six sizes to be known as 
"jumbo", "extra large", "large", "medium", "pullet or 
small", and "peewee". The proper designation of size 
shall be plainly and conspicuously shown in the sale, or 
offering or exposing for sale, of eggs and in the advertisement 
for the sale thereof if the price is stated in the advertisement. 

"Jumbo" eggs shall be eggs having an average weight of 
not less than thirty ounces per dozen with no egg or eggs 
below the rate of twenty-nine ounces per dozen. A tolerance 
of not more than four per cent by volume shall be allowed in 
this classification, but eggs under this tolerance shall weigh 
not less than at the rate of twenty-eight ounces per dozen. 

"Extra Large" eggs shall be eggs having an average 
weight of not less than twenty-seven ounces per dozen with 
no egg or eggs below the rate of twenty-six ounces per dozen. 
A tolerance of not more than four per cent by volume shall 
be allowed in this classification, but eggs under this tolerance 
shall weigh not less than at the rate of twenty-five ounces 
per dozen. 

"Large" eggs shall be eggs having an average weight of 
not less than twenty-four ounces per dozen with no egg or 
eggs below the rate of twenty-three ounces per dozen. A 
tolerance of not more than four per cent by volume shall be 
allowed in this classification, but eggs under this tolerance 
shall weigh not less than at the rate of twenty-two ounces 
per dozen. 

"Medium" eggs shall be eggs having an average weight 
of not less than twenty-one ounces per dozen with no egg or 



194 Acts, 1951.— Chap. 267. 

eggs below the rate of twenty ounces per dozen. A tolerance 
of not more than four per cent by volume shall be allowed in 
this classification, but eggs under this tolerance shall weigh 
not less than at the rate of nineteen ounces per dozen. 

"Pullet or Small" eggs shall be eggs having an average 
weight of not less than eighteen ounces per dozen with no 
egg or eggs below the rate of seventeen ounces per dozen. 
A tolerance of not more than four per cent by volume shall 
be allowed in this classification, but eggs under this toler- 
ance shall weigh not less than at the rate of sixteen ounces 
per dozen. 

"Pee wee" eggs shall be eggs having an average weight of 
less than eighteen ounces per dozen. 

The provisions of this section shall not apply to the sale, 
or offering or exposing for sale, of eggs at wholesale unless 
they are packed in cartons or other containers for resale at 
retail; nor shall they apply to the sale, or offering or exposing 
for sale, of eggs unsorted as to size, if the cartons or other 
containers thereof are plainly and conspicuously marked and 
identified as "not sized", and if any advertisement advertis- 
ing such eggs for sale at stated prices clearly indicates that 
such eggs are "not sized". 

The commissioner of agriculture is hereby authorized, 
after a hearing, due notice whereof shall have been given, 
to establish rules and regulations for the enforcement of this 
section, and the department of agriculture shall enforce 
said provisions. 

Whoever ^dolates any provision of this section, or any 
rule or regulation made thereunder, shall be punished for 
the first offence by a fine of not more than twenty-five 
dollars, and for a subsequent offence by a fine of not more 
than fifty dollars. Whoever obstructs or hinders said com- 
missioner or any of his assistants in the performance of his 
duties under this section shall be punished by a fine of not 
more than fifty dollars. Approved April 21^, 1951. 

Chap. 267 An Act validating and confirming the election of 

OFFICERS AND OTHER PROCEEDINGS OF THE ANNUAL TOWN 
MEETINGS OF THE INHABITANTS OF THE TOWN OF NORWELL 
IN THE YEARS NINETEEN HUNDRED AND FIFTY AND NINE- 
TEEN HUNDRED AND FIFTY-ONE. 

Be it enacted, etc., as follows: 

Section 1. The elections of officers and other proceed- 
ings at the annual town meetings of the inhabitants of the 
town of Norwell, held on Monday, March sixth and Satur- 
day, March eleventh, in the year nineteen hundred and 
fifty, and on Monday, March fifth and Saturday, March 
tenth, in the year nineteen hundred and fifty-one, respec- 
tively, if otherwise valid, are hereby validated and confirmed, 
notwithstanding that the warrants for said meetings were 
not published in a newspaper published in a town adjoining 
the town of Norwell seven days at least before said meetings, 



Acts, 1951.— Chaps. 268, 269. 195 

and said meetings and elections are hereby declared to be 
the annual town meetings and elections of officers for said 
years. 

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

Approved April 27, 1951. 

An Act authorizing the town of Southampton to Chap. 268 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition 
to an existing elementary school building and originally 
equipping and furnishing said addition, the town of South- 
ampton 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 of the 
town therefor, which shall bear on their face the words, 
Southampton School Building Loan, Act of 1951. Each 
authorized issue shall constitute a separate loan and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in ex- 
cess of the statutory limit, but shall, except as provided 
herein, be subject to 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 27, 1951. 

An Act authorizing the town of somerset to pur- Chap. 26^ 
chase and sell water for domestic and other pur- 
poses AND TO acquire LAND TO PROTECT, CONSERVE 
AND EXTEND ITS WATER SUPPLY SYSTEM, 

Be it enacted, etc., as follows: 

Section 1. The town of Somerset may, for the purpose 
of supplying its inhabitants with water, conserving, purify- 
ing, extending and increasing its water supply for domestic 
and other purposes, purchase water from the cities of Fall 
River and Taunton and from the Dighton Water District 
and from the Swansea Water District, and said cities and 
districts ma}^ furnish and sell water to the town of Somerset, 
and the said cities and districts may purchase water from the 
said town of Somerset for their own purposes. The town of 
Somerset may acquire by purchase such lands, easements 
and rights of way in the town of Dighton, not already ac- 
quired under chapter three hundred and thirty-nine of the 
acts of nineteen hundred and twenty-six, as it may deem 
advisable to convey water from the city of Taunton and the 
said Dighton Water District through the town of Dighton to 
the water supply system of the town of Somerset. 

For the purposes aforesaid the town of Somerset may 
construct and maintain within the limits of said town of 



196 Acts, 1951. — Chap. 269. 

Dighton, reservoirs, standpipes, tanks, buildings, pumping 
plants, and other stmctures; may make excavations, pro- 
cure and operate machinery, and may provide such other 
means and appliances and do such other things as it may 
consider necessary; and may construct, lay and maintain 
pipe lines and other works under and over any streets, lands 
and water courses in said town of Dighton and including the 
Taunton river or any part thereof, railroads, culverts, public 
or other ways, and along such ways, in said town of Dighton, 
in such manner as not to unnecessarily obstruct the same; 
and for the purposes of constructing, laying, maintaining, 
operating and repairing such pipes and other works, and for 
all proper purposes of this act the town of Somerset may dig 
up or raise or embank any such lands or ways in such manner 
as to cause the least hindrance to public travel on such ways; 
provided, that all things done on such ways shall be subject 
to the reasonable direction of the selectmen of said Dighton, 
and in such manner as not to interfere with the water mains 
of the North Dighton Fire District or the said Dighton 
Water District, and subject to the approval of the state 
department of public works, division of highways for work 
done on the state highway known as Route 138; and pro- 
vided, further, that the town of Somerset shall not lay any 
pipes or other works hereunder within the location of anj- 
railroad corporation except at such times and in such manner 
as approved by such corporation, or across the Taunton river 
without proper licenses from the federal and state juris- 
dictional authorities. 

Section 2. For the purpose of paying the necessary 
expenses and liabilities incurred or to be incurred under this 
act, excluding expenses of maintenance and operation, but 
including, without limitation, the proportion of any expenses 
to be paid by said town of Somerset in connection with any 
project of the federal government of a kind for which, if 
undertaken by said town a borrowing hereunder would be 
authorized, said town may borrow from time to time 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, Somerset Water 
Loan, Act of 1951. Each authorized issue shall constitute 
a separate loan, and such loans shall be paj'able in not more 
than thirty years from their dates. Indebtedness incurred 
under this act shall be outside the debt limit as fixed for 
water supplj'' loans under chapter forty-four of the General 
Laws, and loans issued hereunder shall be subject to said 
chapter. 

Section 3. The town of Somerset, acting by and through 
its water commissioners, and the Dighton V\^ater District, 
acting through its water commissioners, may contract with 
each other for the purchase and sale of water, from and to 
each other, including water to be obtained from the city of 
Taunton by either part}' or from any other source, and are 
hereby authorized to contract with each other for the expendi- 



Acts, 1951. — Chaps. 270, 271, 272. 197 

ture of funds of the town of Somerset foi' general construction 
work to be done in the town of Dighton, jointly or severally, 
and all other expenses for joint use relating to a water supply 
system of the town of Somerset and the Dighton Water 
District. 

Section 4. This act shall take effect upon its passage. 
Approved April 37, 1951. 



An Act authorizing the town of rowley to make addi- Chav.270 

TIONAL water LOANS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of extending w^ater mains 
and improving water distribution facilities, the town of 
Rowley may borrow from time to time such sums as may be 
necessary, not exceeding, in the aggregate, fifty thousand 
dollars, and may issue bonds or notes therefor which shall 
bear on their face the words, Rowley Water Loan, Act of 
1951. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than 
fifteen 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. 

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

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

Approved April 27, 1951. 



An Act validating proceedings of the annual meeting phn^ 971 
OF fire district number one of south hadley. h- 

Be it enacted, etc., as follows: 

Section 1 . The election of officers and other proceedings 
at the annual meeting of Fire District Number One of South 
Hadley held on March twelfth in the current year are hereby 
validated and confirmed. 

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

Approved April 27, 1951. 



An Act relative to the exe.mption from taxation of Qfidjj 272 
bonds, notes and certificates of indebtedness of ^' 

regional school districts. 

Whereas, The deferred operation of this act would tend ^^^^j^^^f/^ 
to defeat its purpose, which is to enable regional school ^"^^^^ 
districts to borrow to better advantage, therefore it is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 



198 



Acts, 1951. — Chaps. 273, 274. 



G. L. (Ter. 
Ed.), 59, § 
amended. 



Bonds of the 
commonwealth. 



Be it enacted, etc., as follows: 

Clause Twenty-fifth of section 5 of chapter 59 of the 
General Laws, as appearing in the Tercentenary Edition, 
is hereby amended by striking out, in line 4, the words 
"or improvement" and inserting in place thereof the words: 
— , improvement district or regional school, — so as to 
read as follows : — 

Twenty-fifth, Bonds or certificates of indebtedness of the 
commonwealth issued since January first, nineteen hundred 
and six, and bonds, notes and certificates of indebtedness 
of any county, city, town, fire district, water district, light 
district, improvement district or regional school district, 
in the commonwealth, issued on or after May first, nineteen 
hundred and eight, stating on their face that they are exempt 
from taxation in Massachusetts. 

Approved April 27, 1951. 



Chap.27S An Act relative to the registration of manicurists. 



G. L. (Ter. 
Ed.). 112, 
§ 87X. etc.. 
amended. 

Registration 
of manicurists. 



Examinati 
fee, etc. 



Be it enacted, etc., as follorvs: 

Chapter 112 of the General Laws is hereby amended by 
striking out section 87X, as most recently amended by 
section 4 of chapter 565 of the acts of 1943, and inserting in 
place thereof the following section: — Section 87X. Any 
registered female student who has completed a course of at 
least one month, including at least one hundred hours of 
professional training in manicuring, in a school approved by 
the board, if such registrant after application accompanied 
by an examination fee as provided in section eighty-seven CC 
for a first examination, together with two photographs of the 
applicant, or a fee as provided in said section eighty-seven CC 
for a second or subsequent examination, passes an examina- 
tion satisfactory to the board, may be registered by the board 
as a manicurist and may practice manicuring for compensa- 
tion during the period of such original registration, and there- 
after upon payment annually of a renewal fee as provided 
in said section eighty-seven CC. Approved April 27, 1951. 



Chap.274. 



G. L. (Ter. 
Ed.), 48, § V.i, 
etc., amended. 



Setting, etc., 
firea in open 
air, regulated. 



An Act relative to permits for open air fires. 

Be it enacted, etc., as folloivs: 

Section 13 of chapter 48 of the General Laws, as amended 
by chapter 269 of the acts of 1945, is hereby further amended 
by striking out, in line 3, the word "five" and inserting in 
place thereof the word : — two, — so as to read as follows : — 
Section IS. No person shall set, maintain or increase a fire 
in the open air at any time except by permission, covering a 
period not exceeding two days from the date thereof, granted 
by the forest warden or chief of the fire department in cities 
and towns, or, in cities having such an official, the fire com- 
missioner; provided, that if such permission is not in waiting 
a written record of the granting thereof, setting forth the 



Acts, 1951.— Chap. 275. 199 

date upon which permission was granted, the dates covered 
by such permission, the name and address of the person 
to whom, and the manner in which, such permission was 
granted, and any other necessary information relative thereto, 
shall be made and kept by the forest warden, chief or fire 
commissioner, as the case may be, and shall be open to 
public inspection; and provided, further that persons over 
the age of twenty-one may, without a permit, set, maintain 
or increase a reasonable fire for the purpose of cooking, upon 
sandy or gravelly land free from living or dead vegetation or 
upon sandy or rocky beaches bordering on tide water, if the 
fire is enclosed witMn rocks, metal or other non-inflammable 
material. The forest warden, chief or fire commissioner, as 
the case may be, may make it a condition for granting a 
permit that any burning shall be done only after four o'clock 
(eastern standard time) in the afternoon and he may revoke 
a permit at any time. The forester may make rules and 
regulations relating to the granting and revocation of such 
permits binding throughout the commonwealth. Such rules 
and regulations shall take effect subject to section thirty- 
seven of chapter thirty, when approved by the governor and 
council. The forest wardens in towns and officials perform- 
ing the duties of forest wardens in cities shall cause public 
notice to be given of the provisions of this section and shall 
enforce the same. Whoever violates any provision of this 
section shall be punished by a fine of not more than one 
hundred dollars or by imprisonment for not more than one 
month, or both. Approved April 27, 1951. 



An Act authorizing the town of warren to construct ^t (^^r 

AND OPERATE A SYSTEM OF SEWERS. KyUap.ZiO 

Be it enacted, etc., as follows: 

Section 1. The town of Warren, hereinafter called the 
town, may lay out, construct, maintain and operate a system 
or systems of 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 in said town as may be necessary, and may 
make, lay and maintain such sewers 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 common sewers are constructed, such 
subdrains and sewers within the limits of such way as may 
be necessary to connect any estate which abuts upon the 
way. 

Section 3. The town may, at the meeting when this act 
is accepted, vote that the selectmen shall act as a board of 
sewer commissioners, or the town may vote to authorize the 
selectmen to appoint a board of three sewer commissioners. 
If the town does not so vote at said meeting, the town shall 



200 Acts, 1951. — Chap. 275. 

elect by ballot, at any town meeting not later than the second 
annual meeting after the commencement of construction 
hereunder of a system of sewerage and sewage disposal, a 
board of three sewer commissioners who shall be citizens of 
the town, to hold office, if elected at an annual meeting, one 
until the expiration of one year, one until the expiration of 
two years, and one until the expiration of three years, from 
such annual town meeting, and until their successors are 
qualified, or, if elected at a special meeting, one until the 
expiration of one year, one until the expiration of two years, 
and one until the expiration of three years, from the next 
succeeding annual town meeting, and until their successors 
are qualified, and thereafter, at each annual town meeting 
when the term of a member expires, the town shall elect one 
member of the board to serve for three years and until his 
successor is qualified. Any selectman shall be eligible to 
election to said board. In either case, whether the town 
votes that its selectmen shall act as a board of sewer com- 
missioners or shall appoint a board of sewer commissioners 
or elects a board of sewer commissioners, the town may at 
any time thereafter, by any or all the methods permitted by 
general law, provide for the election of a board of three 
sewer commissioners, or that the selectmen may act as a 
board of sewer commissioners, or may appoint a board of 
sewer commissioners, as the case may be. 

Section 4. Said board of sewer commissioners, acting 
for and on behalf of said town, may take by eminent domain 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, any lands, water rights, rights of 
way or easements, public or private, in said town, necessary 
for accomplishing any purpose mentioned in this act, and 
may construct such sewers under or over any bridge, rail- 
road, railway, boulevard or other public way, or within the 
location of any railroad, and may enter upon and dig up any 
private land, public way or railroad location, for the purpose 
of laying such sewers and of maintaining and repairing the 
same, and may do any other thing proper or necessary for 
the purposes of this act; provided, that they shall not take 
in fee any land of a railroad corporation, and that they shall 
not enter upon or construct any 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 depart- 
ment of pubhc utilities. 

Section 5. Until the board of sewer commissioners has 
first been elected or appointed as provided in this act or the 
selectmen have first been authorized by vote to act as such 
board, as the case may be, but not in any event later than 
the second annual meeting after the commencement of the 
work of construction authorized hereby, the town may caiTy 
on such work by a duly authorized committee of the town. 
The committee shall serve without pay and shall have all 
the powers and authority given to the board of sewer com- 



Acts, 1951.— Chap. 275. 201 

missioners in this act or by general law. Whenever the 
phrase "said board of sewer commissioners" or "said 
board" hereinafter occurs, it shall mean and include the 
board of sewer commissioners, the selectmen acting as such 
or the committee of the town provided for in this section, as 
the case may be. 

Section 6. Any pei-son injured in his property by any 
action of said board of sewer commissioners under this act 
may recover damages from said town under said chapter 
seventy-nine. 

Section 7. The town shall, by vote, determine what 
proportion of the cost of said system or systems of sewerage 
and sewage disposal the town shall pay; provided, that it 
shall pay not less than one fourth nor more than two thirds 
of the whole cost. In providing for the payment of the re- 
maining portion of the cost of said system or systems or for 
the use of said system or systems, the town may avail itself 
of any or all of the methods permitted by general laws, and 
the provisions of said general laws relative to the assessment, 
apportionment, division, reassessment, abatement and col- 
lection 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 
proportion of the cost which is to be borne by the town, it 
may by vote determine by which of such methods the re- 
maining portion of said cost shall be provided for. The 
collector of taxes of said town shall certify the payment or 
pajnnents of such assessments or apportionments thereof to 
the sewer commissioners, or to the selectmen acting as such, 
who shall preserve a record thereof. 

Section 8. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than 
maintenance and operation, the town may from time to time, 
within five years after the passage of this act, borrow such 
sums as may be necessary, not exceeding, in the aggregate, 
three hundred and fifty thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face the 
words, Warren Sewerage Loan, Act of 1951. Each authorized 
issue shall constitute a separate loan and such loans shall be 
payable in not more than thirty years from their dates. In- 
debtedness incuiTed 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. 

Section 9. The receipts from sewer assessments and 
from payments made in lieu thereof shall be apphed to the 
payment of charges and expenses incident to the mainte- 
nance and operation of said system of sewerage and sewage 
disposal or to the extension thereof, to the payment of 
interest upon bonds or notes issued for sewer purposes or to 
the payment or redemption of such bonds or notes. 

Section 10. Said board of sewer commissioners may 
annually appoint a clerk and may appoint a superintendent 



202 Acts, 1951. — Chap. 276. 

of sewers who shall not be a member of the board, and shall 
define their duties. It may remove the clerk or superintend- 
ent at its pleasure. Said board may, in its discretion, pre- 
scribe for the users of said sewer systems such annual rentals 
or charges based on the benefits derived therefrom as it may 
deem proper, subject, however, to such rules and regulations 
as may be fixed by vote of the town. 

Section 11. All contracts made by the board of sewer 
commissioners shall be made in the name of the town and 
shall be signed by the board, but no contract shall be made 
or obhgation incurred by said board for any purpose in excess 
of the amount of money appropriated by the town therefor. 

Section 12. Said board may, from time to time, prescribe 
rules and regulations for the connection of estates and build- 
ings with main sewers, and for inspection of the materials, 
the construction, alteration and use of all connections enter- 
ing into such main sewers, and may prescribe penalties, not 
exceeding twenty dollars, for each violation of any such 
rule or regulation. Such rules and regulations shall be pub- 
lished at least once a week for three successive weeks in 
some newspaper pubUshed in the town of Warren, if there 
be any, and if not, then in some newspaper published in the 
county of Worcester, and shall not take effect until such 
publications have been made. 

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

Section 14. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of said town 
voting thereon at a town meeting called for the purpose 
within four years after its passage, but not otherwise. No 
expenditure shall be made and no liability incurred here- 
under until such acceptance. Approved April 27, 1951. 

Chap. 27 Q An Act to expedite the compilation and publishing 

OF CERTAIN INFORMATION CONCERNING THE MUNICIPAL 
FINANCES OF CITIES AND TOWNS OF THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

G^L. (Ter. Sectiou 43 of chapter 44 of the General Laws, as appearing 

ameAded. ^ ' iu the Tercentenary Edition, is hereby amended by adding 

Returns and at the end the two following sentences : — If a city or town 

to di^ctor" fails within sixty days after a request has been made by the 

director to furnish the information authorized to be collected 

under the provisions of this section, the director may obtain 

such information through the use of his agents and assistants. 



Acts, 1951. — Chaps. 277, 278. 203 

The cost for collecting such information shall be borne in 
the manner prescribed by section forty-one for expenses 
incurred under sections thirty-five to forty, inclusive. 

Approved April 27, 1951. 

An Act relative to the status of frank michael Chap. 211 

SUCHENICZ AS A MEMBER OF THE FIRE DEPARTMENT OF 
THE CITY OF HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. Frank Michael Suchenicz, who served as a 
mihtary substitute in the fire department of the city of 
Holyoke, after having been wounded in action on Guadal- 
canal, from February, nineteen hundred and forty-four to 
March, nineteen hundred and forty-six, and who was 
awarded the Walter Scott Medal of Honor for valor in the 
performance of duty, shall be deemed to be permanently 
appointed to the position of fireman in said fire department 
without examination and without being required to serve 
any probationary period; provided, that he submits proof, 
satisfactory to the director of civil service, that such injury 
does not incapacitate him for the performance of the duties 
of fireman in said fire department. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the mayor and by vote of the board of aldermen 
of the city of Holyoke, but not otherwise. 

Approved April 27, 1951. 

An Act to establish standards of certification of Chap.218 

TEACHERS IN THE MASSACHUSETTS PUBLIC SCHOOLS. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 71 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 38F, inserted by sec- f IsVaddld 
tion 2 of chapter 676 of the acts of 1941, the following sec- 
tion : — Section 38G. The board of education, hereinafter Certification 
referred to as the board, shall grant certificates upon apphca- fl pXu^^ 
tion to teachers, principals, supervisors, directors, superin- schools, 
tendents and assistant superintendents of schools who meet 
the requirements established by said board. 

As conditions precedent to the granting of a certificate to 
an applicant, the board shall require : — 

1. Evidence of American citizenship. 

2. Evidence of good health. 

3. Evidence of sound moral character. 

4. Evidence that the applicant possesses a bachelor's de- 
gree or is a graduate of a normal school approved by the 
board; except that evidence that the appUcant possesses a 
bachelor's degree shall not be a condition precedent to the 
granting of a certificate to applicants for teaching positions 
in grades up to and including the fifth. 

No person shall be ehgible for employment by a school 
committee as a teacher, principal, supervisor, director, super- 



204 Acts, 1951. — Chaps. 279, 280, 281. 

intendent or assistant superintendent unless he has been 
granted a certificate by the board ; provided, however, that 
nothing herein shall be construed to prevent a school com- 
mittee from prescribing additional qualifications; and pro- 
vided, further, that a school committee may upon its request 
be exempt from the requirements of this section by the de- 
partment for any one school year when compliance there- 
with would in the opinion of the department constitute a 
great hardship in the securing of teachers for the schools of 
a town. This section shall not apply to trade, vocational, 
temporary substitute teachers or exchange teachers. 

Section 2. This act shall not apply to persons employed 
or formerly employed by Massachusetts school conamittees 
on the efi"ective date of this act. 

Approved April 27, 1951. 

Chap. 21^ An Act prohibiting intermittent appointments to fill 

VACANCIES CAUSED BY PROMOTIONS OF FIREMEN SUBJECT 
TO CIVIL SERVICE. 

Be it enacted, etc., as follows: 

EdV'3i!l'2o, Section 20 of chapter 31 of the General Laws, as most 
etc!, 'amended', recently amended by section 1 of chapter 354 of the acts of 

1947, is hereby further amended by adding at the end the 

following paragraph : — 
SoUonBof° Promotions to fill positions in fire departments to all 

"rtain fire- grades of service shall be made on a full-time basis and no 
hibft'ed'^'' promotions on a so-called permanent intermittent basis shall 

be made. Approved April 27, 1951. 

Chap. 280 An Act to prohibit the discharge of firearms on the 

SHORES AND WATERS ON CERTAIN PONDS IN THE TOWN OF 
FALMOUTH. 

Be it enacted, etc., as follows. ■ 

Section 1. The discharge of firearms is hereby prohibited 
on the shores and on the waters of the following ponds lo- 
cated in the town of Falmouth, namely: — Weeks pond, 
Shivericks pond, Siders pond also known as Fresh pond, Salt 
pond and Oyster pond. 

Section 2. Whoever violates the provisions of this act 
shall be punished by a fine of not less than ten nor more than 
fifty dollars. 

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

Approved May 1, 1951. 

Chav.281 An Act providing that permits for the taking of qua- 

HAUGS IN THE CITY OF NEW BEDFORD FOR COMMERCIAL 
purposes may be ISSUED TO ALIENS. 

Be it enacted, etc., as follows: 
G. L. (Ter. Scction 55 of chapter 130 of the General Laws, as appear- 

fss.'eS ing in section 1 of chapter 598 of the acts of 1941, is hereby 
amended.' amended by inserting after the word "purposes", in line 2, 



Acts, 1951. — Chap. 282. 205 

the words: — , except in the city of New Bedford for the tak- 
ing of quahaugs, — so as to read as follows: — Section 55. Permits to 
No permit for the taking of shellfish for commercial purposes, ^^tnl'J'^^'' 
except in the city of New Bedford for the taking of quahaugs, 
shall be issued by the aldermen or councilmen of any city or 
the selectmen of any town to an alien unless he has resided 
in such city or town for at least five years next preceding the 
date of his application therefor, or has been a resident of the 
county in which such city or town lies for at least five years 
next preceding the date of such application and has taken 
shellfish commercially therefrom for such period. 

Approved May 1, 1951. 

An Act authorizing cities and towns to borrow money Chav.2S2 

FOR the original CONSTRUCTION AND THE RESURFACING 
OF MUNICIPALLY OWNED AND OPERATED OFF-STREET PARK- 
ING SPACES. 

Whereas, The deferred operation of this act would tend prT^bie"^ 
to defeat its purpose, which is to authorize cities and towns 
to borrow money for the original construction and the re- 
surfacing of municipally owned and operated off-street 
parking spaces, 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. Clause (5) of section 7 of chapter 44 of the g. l. (Ter. 
General Laws, as appearing in chapter 101 of the acts of ^tci^'amendld 
1947, is hereby amended by inserting after the word "char- 
acter", in line 6, the words: — , or for the original construc- 
tion and surfacing or the resurfacing with such pavement of 
municipally owned and operated off-street parking areas, — 
so as to read as follows : — 

(5) For the original construction of public ways or the Purposes for 
extension or widening thereof, including land damages and paiities™rl^y '' 
the cost of pavement and sidewalks laid at the time of said debuTmTt**''" 
construction, or for the construction of stone, block, brick, 

cement concrete, bituminous concrete, bituminous macadam 
or other permanent pavement of similar lasting character, 
or for the original construction and surfacing or the resur- 
facing with such pavement of municipally owned and oper- 
ated off-street parking areas, under specifications approved 
by the department of public worlds, ten years. 

Section 2. Clause (6) of said section 7 of said chapter g. l. (Ter. 
44, as appearing in section 5 of chapter 224 of the acts of ftt! 'amended. 
1936, is hereby amended by inserting after the word "ma- 
terial'', in line 1, the words: — , or for the resurfacing with 
such pavement or other road material of municipally owned 
and operated off-street parking areas, — so as to read as 
follows : — 

(6) For macadam pavement or other road material, or for same subject. 
the resurfacing with such pavement or other road material 



206 Acts, 1951. — Chap. 283. 

of municipally owned and operated off-street parking areas, 
under specifications approved by the department of public 
works, or for the construction of sidewalks of brick, stone or 
concrete, five years. Approved May 7, 1951. 

Chap.28S An Act to provide for additional supervision of 

MUNICIPAL FINANCES OF THE TOWN OF MASHPEE. 

Emergency Wheretts, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to provide a more efficient 
conduct of the welfare and veterans' services departments 
of the town of Mashpee, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of general 
or special law to the contrary, the state commissioner of 
public welfare is hereby authorized and directed to designate 
from among the employees of his department a person to 
act as welfare agent in the town of Mashpee, to act on behalf 
of the town in the program of public relief provided under 
chapters one hundred and seventeen, one hundred and 
eighteen and one hundred and eighteen A of the General 
Laws. The person so designated by said commissioner shall 
have the sole authority to approve the payment of all funds 
from public sources received or paid into the said town in 
connection with the conduct of said program. The person 
so designated shall report from time to time as may be re- 
quired by the Mashpee Advisory Commission, subject to 
the approval of said commissioner, on the discharge of the 
duties authorized to be carried on by him as set forth in this 
section. The person designated as welfare agent, as au- 
thorized in this section, may employ, at the expense of the 
said town, such assistants as he deems necessary. Said 
commissioner may assign, for specific or general employ- 
ment, one or more persons within his department. Any 
expense incurred by reason of the administration of the 
program provided for by this section in said town, by the 
person so designated, and any expense incurred by reason of 
the assignment of employees as authorized in this section, 
shall be certified by said commissioner to the state treasurer, 
and shall be collected by him as provided by section twenty 
of chapter fifty-nine of the General Laws. 

Section 2. Notwithstanding any provision of general 
or special law to the contrary, the state commissioner of 
veterans' services is hereby authorized and directed to 
designate a veterans' agent for the town of Mashpee, with 
the powers and duties of veterans' agents as set forth in 
section three of chapter one hundred and fifteen of the 
General Laws. Said veterans' agent shall administer, 
subject to the supervision of said commissioner of veterans' 
services, the program of veterans' benefits as authorized 



Acts, 1951.— Chap. 284. 207 

and provided for by said chapter one hundred and fifteen. 
Said commissioner of veterans' services may assign, for 
specific or general employment, one or more persons within 
his department, to assist the person designated by him as 
veterans' agent for said town. Any expenses incurred by 
reason of such designation by said commissioner, or assign- 
ment by him of employees, shall be certified by said com- 
missioner to the state treasurer and shall be collected by 
him as provided by section twenty of chapter fifty-nine of 
the General Laws. Approved May 7, 1951. 



An Act extending the existence of the mashpee ad- C/ia». 284 

VISORY COMMISSION. 

Whereas, The existence of the Mashpee Advisory Com- Emergency 
mission expired by law on April fifteenth, nineteen hundred p'"''*'"^'^- 
and fifty-one; and 

Whereas, It is essential to the welfare of the inhabitants 
of the town of Mashpee that said commission be empowered 
to continue to function without interruption, and the de- 
ferred operation of this act would tend to defeat its purpose, 
which is to enable said commission so to function without 
interruption, therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1 of chapter 223 of the acts of 1932, as most re- 
cently amended by section 1 of chapter 207 of the acts of 
1949, is hereby further amended by striking out, in fine 9, 
the word "fifty-one" and inserting in place thereof the word: 
— fifty-four, — so as to read as follows : — Section 1 . There 
is hereby estabhshed an unpaid commission, under the title 
of the Mashpee Advisory Commission, hereinafter called the 
commission, to consist of three members, each of whom shall 
be the head of a state department or the head of a division 
thereof, designated by the governor, with the advice and 
consent of the council, and shall serve for a period terminat- 
ing April fifteenth, nineteen hundred and fifty-four. The 
governor, with hke ad\dce and consent, shall, from time to 
time, designate one of the members as chairman, may re- 
move any member and shall fill any vacancy in the com- 
mission for the unexpired term. The action of any two 
of the members shall constitute the action of the commis- 
sion ; and whenever any action by the commission is required 
to be in writing, such writing shall be sufficient when signed 
by any two of the members. The commission may employ, 
at the expense of the town of Mashpee, such assistants as it 
may deem necessary. The commission may assign for spe- 
cific or general employment one or more persons within a 
state department or division in charge of any member of 
the commission, and any expense incurred by reason of such 



208 Acts, 1951. — Chaps. 285, 286. 

assignment shall be certified by the commission to the state 
treasurer, and shall be collected by him as an additional 
state tax upon said town. Approved May 7, 1951. 

C/iap. 285 An Act relative to the depth and slant of window 

LEDGES ON CERTAIN NEW BUILDINGS. 

Be it enacted, etc., as follows: 

F.A^'u^' Chapter 143 of the General Laws is hereby amended by 

new'§3M, inserting after section 3L, inserted by section 1 of chapter 

Detth and ^^^ ^f the acts of 1950, the following section : — Section 3M. 

slant of ' Window ledges on all stories above the first, on all buildings 

I'edges'on erected after January first, nineteen hundred and fifty-two, 

btliidings other than dwelhng houses, shall extend at least six inches 

beyond the frame of the window, and shall not be slanted 

downward to the extent of more than fifteen degrees from a 

horizontal level. Approved May 7, 1951. 

Chap. 286 An Act establishing a municipal lighting commission 

FOR the city of PEABODY. 

Be it enacted, etc., as follows: 

Section 1. On the first Monday of January in the year 
nineteen hundred and fifty-two, the mayor of the city of 
Peabody shall appoint, subject to confirmation by the city 
council, a municipal light commission, to consist of three 
citizens of said city, who shall not hold other public office 
therein and shall serve until the qualification of their suc- 
cessors elected at the regTilar city election in the year nineteen 
hundred and fifty-three. At said first regular city election 
in the year nineteen hundred and fifty-thi'ee, the voters shall 
elect a municipal light commission to consist of three citizens 
of said city, who shall not hold other public office therein, and 
who shall serve for two, four and six years, respectively, from 
tlie first Monday in January, nineteen hundred and fifty- 
four; and every two years thereafter, the voters shall elect 
one member for the term of six years. The commission shall 
select one of its members as chairman, to serve as such 
during its pleasure. The commission shall have and exercise 
the powers and be subject to the duties I'elative to the 
municipal lighting plant of said city which are now conferred 
or imposed by law upon the maj^^or, and shall have in addition 
all the powers and duties now conferred or imposed by law 
upon municipal light boards in cities. If a vacancy occurs 
in the municipal light commission by failure to elect or 
otherwise, the city council and the remaining members of 
the municipal light commission shall meet in joint con- 
vention and elect a suitable person to fill the vacancy until 
the first Monday in January following the next regular city 
election; and, if there would be a vacancy on said first 
Monday, it shall be filled at such regular city election for 
the balance of the unexpired term. 



Acts, 1951. — Chaps. 287, 288. 209 

Section 2. The commission shall establish the office of 
manager, and shall fix the salary of such office; and said 
manager shall not be a member of the commission. 

Section 3. Except as otherwise provided herein, all pro- 
visions of law relative to municipal lighting plants in cities 
and to the management and conduct thereof shall apply to 
the city of Peabody. 

Section 4. This act shall be submitted to the registered 
voters of the city of Peabody at its biennial city election in 
the current year in the form of the following question which 
shall be placed upon the official ballot to be used at said 
election: — "Shall an act passed by the General Court in 
the year nineteen hundred and fifty-one, entitled 'An Act 
establishing a Municipal Lighting Commission for the City 
of Peabody', be accepted?" If a majority of the voters 
voting thereon vote in the affirmative in answer to said 
question, this act shall thereupon take full effect, but not 
otherwise. Approved May 7, 1951. 



An Act authorizing high school credits for courses QJiqj) 287 

OF instruction taken and satisfactorily COxMPLETED ^' 

BY ANY student DURING HIS SERVICE IN THE ARMED 
FORCES OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Any present or former member of any of the armed forces 
of the United States who attends any high school in the 
commonwealth may be given full credit by the school com- 
mittee, toward the requirements for graduation therefrom, 
for any and all courses of instruction taken and satisfactorily 
completed by him during his service as such member. 

Approved May 7, 1951. 



An Act relative to the salaries of the secretary and Chap.2SS 

ASSISTANT SECRETARY TO THE JUSTICES OF THE MUNICIPAL 
COURT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 218 of the General Laws is hereby a L._(Ter. 
amended by striking out section 80A, inserted by section 2 § gbX. etc.. 
of chapter 400 of the acts of 1947, and inserting in place amended. 
thereof the following section: — Section 80 A. The secretary salaries to 
and assistant secretary to the justices of the municipal -"ugficeg '^^ 
court of the city of Boston shall receive from the county of 
Suffolk in full for all services performed by them such salaries 
as shall be fixed by the justices of said municipal court of the 
city of Boston. 

Section 2. The salaries of the secretary and assistant 
secretary to the justices of the municipal court of the city 
of Boston in force on the effective date of this act shall con^ 
tinue in force until fixed as provided by section eighty A 



210 Acts, 1951. — Chaps. 289, 290. 

of chapter two hundred and eighteen of the General Laws, 
as amended by section one of this act. 

Approved May 7, 1951. 

Chap. 289 ^^ ^^'^ increasing the amount of money which the town 

OF STOUGHTON MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 406 of the acts of 1950 
is hereby amended by striking out, in hne 7, the words 
"seven hundred and fifty" and inserting in place thereof 
the words : — one million two hundred and fifty, — so as to 
read 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, one million 
two 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. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory 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. Said chapter 406 is hereby further amended 
by striking out section 2 and inserting in place thereof the 
following section : — Section 2. Action taken under the au- 
thority of this act at the special town meeting held in the 
town of Stoughton on February thirteenth, nineteen hun- 
dred and fifty-one shall be as valid and effective as though 
this act had been in full force and effect at the time the 
warrant for said meeting was posted. 

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

Approved May 8, 1951. 

Chap.290 An Act increasing the amount of money that the 

TOWN of ADAMS MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 268 of the acts of 1950 
is hereby amended by striking out, in line 6, the word "five" 
and inserting in place thereof the word : — eight, — so as to 
read as follows : — Section 1 . For the purpose of construct- 
ing 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 ex- 



Acts, 1951.— Chaps. 291, 292. 211 

ceeding, 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, 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 May 8, 1951. 

An Act authorizing the town of stoughton to borrow C/ia».291 

MONEY FOR THE PURPOSE OF MAKING EXTRAORDINARY 
REPAIRS AND ALTERATIONS AND FOR REMODELLING PUBLIC 
BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of making extraordinary re- 
pairs and alterations and remodelling pubhc buildings, as 
authorized by chapter two hundred and seventy-five of the 
acts of nineteen hundred and forty-eight, the town of 
Stoughton may borrow, from time to time, within a period 
of three years from the passage of this act, such sums as may 
be necessary, not exceeding in the aggregate two hundred 
and twenty-five thousand dollars, and may issue bonds or 
notes therefor which shall bear on their face the words, 
Stoughton Extraordinary Repairs, Alterations and Remodel- 
ling Loan, Act of 1951. Indebtedness incurred under this 
act shall be in excess of the statutory hmit, but shall, except 
as herein provided, be subject to chapter forty-four of the 
General Laws, excluding the limitation contained in the 
first paragraph of section seven thereof, but including the 
limitation contained in the last sentence of the first para- 
graph of said chapter two hundred and seventy-five. 

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

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

Approved May 8, 1951. 

An Act authorizing the town of west brookfield to (7/ia7j.292 

APPROPRIATE AND PAY A CERTAIN SUM OF MONEY TO 
HARRY F. BOUSQUET. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the pubhc 
good, the town of West Brookfield is hereby authorized to 
appropriate a sum of money not exceeding fifteen hundred 



212 Acts, 1951. — Chaps. 293, 294. 

dollars and to expend said sum in payment and discharge of 
a certain claim of Harry F. Bousquet, in full settlement of 
his claim against said town for reimbursement of money ex- 
pended by him in repairing the heating system in the fire 
department building in said town; said claim being legally 
unenforceable against said town by reason of its failure to 
comply with the provision of its by-laws requiring adver- 
tising and the appropriation of money prior to the awarding 
of certain contracts. 

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

Approved May 8, 1951. 

Chap. 2^^ An Act authorizing the town of Wilmington to sell 

CERTAIN PARK LAND NO LONGER NEEDED FOR PUBLIC USE. 

Be it enacted, etc., as follows: 

Section 1. The town of Wilmington may sell at public 
auction or private sale, and convey, the whole or any part 
of certain parcels of real estate situated in said town and 
acquired for park purposes, the same being no longer needed 
for public use; said parcels of land being two portions of 
the Town Park, so called, formerly the town farm, which lie 
easterly of Main street and one parcel of said Town Park 
bounded southwesterly by the location of the Boston and 
Maine Railroad, northeasterly by Main street, and north- 
westerly by Maple Meadow brook. 

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

Approved May 8, 1961. 

Chap.294 An Act changing the open season on fur-bearing 

MAMMALS. 

Be it enacted, etc., as follows : 

FdViJr' Section 1. Section 68 of chapter 131 of the General 

§'68.' etc.." Laws is hereby amended by striking out the first sentence, 

amended. ^ appearing in section 1 of chapter 758 of the acts of 1949, 

and inserting in place thereof the following sentence : — 

Hunting, etc., Except as otherwise provided in this chapter, no person 

othS ma*m- shall huut Or trap, or have in possession the living or dead 

i&th '*^"' bodies of, minks, otters, muskrats, opossums or raccoons ; 

provided, that such mammals, other than opossums or 

raccoons, may be taken by hunting or trapping between 

November first and the following December thirty-first, 

both dates inclusive, and that opossums or raccoons may 

be taken with the aid or by the use of dogs or guns between 

October tenth and the following January first, both dates 

inclusive, and by trapping between November first and the 

following December thirty-first, both dates inclusive. 

G. L. (Ter. Section 2. Said section 68 of said chapter 131 is hereby 

§ 68.'e\^c^' further amended by striking out clause (b), as most recently 

["J^ided amended by chapter 107 of the acts of 1950, and inserting 

in place thereof the following: — 



Acts, 1951. — Chaps. 295, 296. 213 

(b) To trap mink, otter, muskrats, opossums or raccoons same 
between January first and six o'clock ante meridian on the ^"^^*^* 
following November fij-st, both dates inclusive, and to trap 

any other mammal between March second and six o'clock 
ante meridian on the following November first. 

Section 3. Said section 68 of said chapter 131, as appear- g. l. (Xer. 
ing in section 1 of chapter 758 of the acts of 1949, is hereby fei'ifc!,' 
amended by striking out clause (c) and inserting in place amended.' 
thereof the following : — 

(c) To possess or have under his control a trap on the same subject. 
land of another where fur-bearing mammals might be found, 
between March second and six o'clock ante meridian on the 
following November first. 

Section 4. Said section 68 of said chapter 131 of the g. l. (Xer. 
General Laws, as so appearing, is hereby amended by striking I'gg; lil] 
out, in clause (k), the words "November fifteenth" and amended.' 
inserting in place thereof the words : — November first. 

Approved May 8, 1951. 



An Act authorizing the city of Gloucester to pay an (JJmj) 295 

ANNUITY TO THE WIDOW OF LOUIS A. FRANCIS, LATE DEPUTE' 
CHIEF OF THE FIRE DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the pubhc 
good, the city of Gloucester is hereby authorized to pay to 
the widow of Louis A. Francis, a former deputy chief of the 
fire department of said city, an annuity for hfe of the sum 
of nine hundred and fifty dollars, the same to be paid in equal 
monthly installments. 

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

Approved May 8, 1951. 



An Act prohibiting the sale or possession of dirk Chap. 296 

KNIVES, switch KNIVES AND KNIVES HAVING A SPRING 

release. 

Be it enacted, etc., as folio los: 

Chapter 269 of the General Laws is hereby amended Edo.ieo" 
by inserting after section 12B, inserted by chapter 263 of "cwj 12c, 
the acts of 1951, the following section: — Section 12C. 'I ,^. . 
Whoever sells or exposes for sale, or has in his possession, a sale or'X- 



matic spring release device by which the blade is released knives. 
from the handle, having a blade of over one and one half 
inches, shall be punished by a fine of not less than fifty nor 
more than two hundred dollars, or by imprisonment for not 
more than six months. Approved May 8, 1951 



214 Acts, 1951. — Chaps. 297, 298, 299. 



Chap. 297 ^^ ^^t relative to the time for the payment of divi- 
dends ON CERTAIN POLICIES OF INSURANCE BY CERTAIN 
INSURANCE COMPANIES. 



G. L. (Ter 
Ed.), 175, 



Be it enacted, etc., as follows: 

The first sentence of section 80 of chapter 175 of the 

etZ' General Laws, as most recently amended by chapter 317 

amended. q£ ^j^g ^^^^ ^^ 1947, is hereby further amended by inserting 

after the word "pohcies", in line 5, the words: — having 

a term of more than one year or. 

Approved May 8, 1961. 

Chap. 29% An Act providing a salary increase for certain em- 
ployees OF THE SUFFOLK COUNTY JAIL. 

Be it enacted, etc., as follows: 

Section 1. The minimum annual compensation of 
guards employed at the Suffolk county jail is hereby estab- 
lished as follows : — For the first year of service, twenty-six 
hundred dollars; for the second year of service, twenty-eight 
hundred dollars; for the third year of service, three thousand 
dollars; and for the fourth and each succeeding year, thirty- 
two hundred dollars. 

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

Approved May 8, 1951. 

Chap. 299 An Act further regulating the making of temporary 

REPAIRS ON private WAYS BY CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

E'd!)',io."i 6E, Section 6E of chapter 40 of the General Laws, inserted 
etc., amended, by chapter 538 of the acts of 1950, is hereby amended by 
striking out, in Hne 16, the word "waste" and inserting in 
place thereof the words: — other suitable, — and by strik- 
ing out, in lines 18 and 19, the words "with concrete or 
bituminous materials", — so as to read as follows: — Sec- 
'"epairj'^rtain ^^^^ ffjij^ \ cify which acccpts this section by vote of its 
m'cenain''^'' city couucil subject to the provisions of its charter, or a 
instance,". towu which accepts the same by vote of its inhabitants at 

an annual town meeting, may make temporary minor 
repairs on private ways which have been opened to public 
use for six years or more, and in such cases section twenty- 
five of chapter eighty-four shall not apply. The cost of 
such repairs shall be paid by the abutters. Such repairs 
shall be made only if petitioned for by the abutters. No 
such repairs shall be commenced unless and until a cash 
deposit equal in amount to the estimated cost of such 
repairs as determined by the city or town department or 
contractor duly authorized by said city or town department 
to do the work, is paid over to said city or town. Said 



Cities and 
towns may 



Acts, 1951. — Chaps. 300, 301, 302. 215 

temporary minor repairs shall only include the filling in of 
holes or depressions with sand, gravel, cinders or other 
suitable materials and shall not include the resurfacing or 
permanent construction of said ways. 

Approved May 8, 1951. 



Chap.300 



Chap.301 



An Act relating to the exemption granted to cer- 
tain DISABLED veterans FROM THE PAYMENT OF THE 
EXCISE ON MOTOR VEHICLES OWNED, OPERATED AND 
REGISTERED BY THEM. 

Be it enacted, etc., as folio ivs: 

Chapter 731 of the acts of 1950 is hereby amended by 
adding at the end the following section : — Section 2. This 
act shall be appHcable to the excise levied in the year nine- 
teen hundred and fifty, and application for abatement or 
exemption thereof may be made not later than October first, 
nineteen hundred and fifty-one, notwithstanding any pro- 
vision of law to the contrary. Approved May 8, 1951. 

An Act extending the time within which certain sol- 
diers AND SAILORS AND THEIR WIVES, WIDOWS, FATHERS 
OR MOTHERS MAY FILE APPLICATIONS FOR ABATEMENT OR 
EXEMPTION OF TAXES. 

Be it enacted, etc., as follows: 

Chapter 534 of the acts of 1949 is hereby amended by 
striking out section 3, added by chapter 165 of the acts of 
1950, and inserting in place thereof the following : — Sec- 
tion 3. AppHcation for abatement or exemption, as provided 
in section five of chapter fifty-nine of the General Laws, of 
taxes levied in the year nineteen hundred and fifty may be 
made not later than October first, nineteen hundred and 
fifty-one, notwithstanding any provision of law to the con- 
trary. Approved May 8, 1951. 

An Act relating to classification plans for employees (Jliav 302 
OF cities and towns. 

Be it enacted, etc., as follows: 

Section 2 A of chapter 31 of the General Laws, as most S^^F^|- 
recently amended by section 2 of chapter 725 of the acts of etcVamended.' 
1945, is hereby further amended by striking out para- 
graph (6) and inserting in place thereof the following para- 
graph : — 

(6) Establish, with the approval of the commission, classi- Duties of the 
fication plans for positions in every city and town which are "■*''''"'• 
subject to any provision of this chapter. Upon the estabhsh- 
ment of such classification plan the director shall forthwith 
make such plan effective, and after the estabhshment of such 
classification it shall be final. The city or town affected 
thereby shall, within one year after receiving notice from 



216 Acts, 1951.— Chaps. 303, 304, 305. 

the director of the effective date of such classification plan, 
establish a compensation plan with a minimum and maxi- 
mum salary, in accordance with the class and grade, for each 
position, but no compensation plan estabUshed hereunder 
shall include positions subject to section forty-seven D. 

Approved May 8, 1951. 

Chap. SOS An Act providing that vehicles being driven on public 

WAYS SHALL BE CONSTRUCTED OR LOADED SO AS TO PRE- 
VENT THE CONTENTS DROPPING ON THE WAYS. 

Re it enacted, etc., as folloivs: 

Ed.t." 85.*^new Chapter 85 of the General Laws is hereby amended by 
§ 36,' added. adding at the end the following section : — Section 36. No 
Vehicles on vehicle shall be driven or moved on any way, as defined in 
ui'be'ioadS sectiou One of chapter ninety, unless such vehicle is con- 
tent contents structed or loaded so as to prevent any of its load from drop- 
dropping, ping, sifting, leaking, or otherwise escaping therefrom, except 
that sand may be dropped for the purpose of securing trac- 
tion, or water or other substance may be sprinkled on such 
a way in cleaning or maintaining the same. 

Approved May 8, 1951. 

Chap.S04: An Act authorizing the payment of an annuity by the 

CITY OF CHELSEA TO THE WIDOW OF JAMES DUNNE, A 
FORMER EMPLOYEE OF SAID CITY. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of promoting the public 
good, the city of Chelsea is hereby authorized to pay to 
Mary E. Dunne, widow of James Dunne, who died on De- 
cember first, nineteen hundred and forty-seven from injuries 
received in the performance of duty as an engineer in the 
employ of said city, an annuity, for life, of the sum of fifteen 
hundred dollars, the same to be paid in equal monthly in- 
stalments. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the board of 
aldermen of said city, subject to the provisions of its charter, 
but not otherwise. Approved May 8, 1951. 

Chap.SOd An Act to authorize the placing of the office of tree 
warden of the city of chicopee under the civil 
service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of tree warden of the city of 
Chicopee 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 



Acts, 1951. — Chap. 306. 217 

for said office by the division of civil service. If said incum- 
bent passes said examination, he shall be certified for said 
office and shall be deemed to be permanently appointed 
thereto without serving any probationary period, and his 
tenure of office shall be unlimited, subject, however, to the 
provisions of said laws. 

Section 2. This act shall be submitted to the voters of 
said city at the biennial city election in the current year in 
the form of the following question, which shall be placed 
upon the official ballot to be used at said election: — "Shall 
an act passed by the General Court in the year nineteen hun- 
dred and fifty-one entitled 'An Act to authorize the placing 
of the office of tree warden of the city of Chicopee 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 otherwise. Approved May 8, 1951. 

An Act making certain appropriations for the fiscal C hap. S06 

YEAR ending JUNE THIRTIETH, NINETEEN HUNDRED AND 
fifty-one, TO PROVIDE FOR SUPPLEMENTING CERTAIN 
EXISTING APPROPRIATIONS. 

Be it enacted, etc., as folloivs: 

Section 1. To provide for meeting deficiencies in cer- 
tain appropriations previously made, the sums set forth in 
section two, for the several purposes and subject to the con- 
ditions specified in said section, are hereby appropriated for 
the current fiscal year from the general fund or ordinary 
revenue of the commonwealth, unless some other source of 
revenue is expressed, subject to the provisions of law regu- 
lating 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 Appropbiatioxs are made from the General 
Fund: 

Service of the Deparhnent of Indufitrial A ccidents. 
Item 
1501-06 Item 1501-06 of section two of chapter five 

hundred and eighty of the acts of nineteen 

hundred and fifty is hereby amended in line 

nine by striking out the words "sixty-two 

thousand five hundred" and inserting in 

place thereof the words: — ninety thousand ?1 10,000 00 

Reserve for Cost of Food, Fuel and Farm Supplies. 

2820-34 Item 2820-34 of section two of chapter eight 
hundred and twenty-five of the acts of nine- 
teen hundred and fifty is hereby amended in 
line three by striking out the word "five" 
and inserting in place thereof the word: — 
seven $200,000 00 

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

Approved May 9, 1951. 



218 Acts, 1951.— Chaps. 307, 308. 



Chap.S07 An Act temporarily relaxing the terms of ordinances 

OR BY-LAWS restricting THE USE AND OCCUPATION OF 
TWO AND ONE HALF STORY HOUSES, SO CALLED. 

prT^mbi"*'^ Whereas, The deferred operation of this act would tend 

to defeat its purpose, which in part provides for a temporary 
relaxation of certain ordinances and by-laws relating to 
housing, 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: 

Any board of appeals established under the provisions of 
section tliirtj^ of chapter forty of the General Laws, after a 
hearing held in accordance with its rules and with the provi- 
sions of said section thirty, in so far as the same may be 
applicable, and by the concurring vote of all of its members, 
may authorize a variance or exception from the terms of an 
ordinance or by-law adopted under sections twenty-five to 
thirty, inclusive, of said chapter forty, to permit the use and 
occupation as a dwelling, by not more than three families, 
of any two and one half story house, so called; and any 
such variance or exception may be made conditional upon 
the making of any alterations or structural changes in such 
a house that, in the opinion of the board, may be necessary 
for the protection of the health, safety or convenience of the 
occupants of the same or of the owners or occupants of any 
property deemed by the board to be affected by its action; 
provided, that no such variance or exception shall be so 
authorized after the expiration of one year from the passage 
hereof, nor unless such board of appeals finds that the same 
will not be a substantial detriment to the public good and 
will not substantially damage any neighboring property. 

Approved May 14, 1951. 

Chap. SOS An Act extending the time within which the town of 

WHITMAN MAY BORROW MONEY FOR SCHOOL PURPOSES AND 
INCREASING THE AMOUNT WHICH MAY BE SO BORROWED. 

Be it enacted, etc., as follows. • 

Section 1. Chapter 643 of the acts of 1949 is hereby 
amended by striking out, in line 5, the word "five" and in- 
serting in place thereof the word : — seven, — and by 
striking out, in line 7, the words "five hundred and fifty 
thousand" and inserting in place thereof the words: — one 
million, — so as to read as follows: — Section 1. For the 
purpose of constructing one or more school buildings, for 
constructing additions to existing school buildings, and of 
originally equipping and furnishing the same, the town of 
Whitman may borrow, from time to time within a period of 
seven years from the passage of this act, such sums as may 
be necessary, not exceeding, in the aggregate, one million 
dollars, and may issue bonds or notes therefor which shall 



Acts, 1951.— Chaps. 309, 310. 219 

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

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

Approved May 14, 1951. 

An Act authorizing the town of Norwood to pay a Qliav.ZO^ 

SUM OF MONEY TO SANSONE MOTORS, INC. 

Be it enacted, etc., as follows: 

Section 1. To discharge a moral obligation and promote 
the pubHc good, the town of Norwood is hereby authorized 
to appropriate and pay to Sansone Motors, Inc., from an 
appropriation carried forward into the current year, the 
sum of one thousand and fift}^ dollars for costs of transpor- 
tation of school children from September eleventh to Decem- 
ber twenty-second, inclusive, nineteen hundred and fift}^ 
in excess of the amount due under a contract for transpor- 
tation of school children in said town. 

Section 2. No money shall be paid under authority' 
of this act unless and until an affidavit has been signed and 
filed by an oflficer of said Sansone Motors, Inc., with the 
town accountant of said town, stating under the penalties 
of perjury that the services for which a bill has been sub- 
mitted were ordered by a duly appointed and confirmed 
committee of said town, and such ser\qces were rendered to 
said town. 

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

Approved May 14, 1951. 

An Act relative to the length of motor buses which Chav.^^^ 

MAY BE OPERATED BY THE METROPOLITAN TRANSIT AU- 
THORITY. 

Be it enacted, etc., as folloivs: 

Section 1. Notwithstanding the provisions of section 
nineteen of chapter ninety of the General Laws or of other 
general or special laws, the Metropolitan Transit Authority 
may operate on any way within the limits of the cities and 
towns constituting said Authority, motor buses which have 
an extreme over-all length in excess of thirty-five feet but 
not in excess of forty feet without a special permit so to op- 
erate such buses from the board or officer having charge of 
such way or, in case of a state highway or way determined 
by the department of pubUc works to be a through route, 
from said department. 

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

Approved May 14, 1951. 



220 



Acts, 1951. — Chaps. 311, 312. 



Chap.Sll An Act authorizing the city of Worcester to reinstate 

JEREMIAH W. MO-i-NIHAN AND JOHN F. McGOURTY FOR THE 
SOLE PURPOSE OF RETIREMENT. 

Be it enacted, etc., as folloios: 

Section 1. Any provision of law to the contrary not- 
withstanding, the city of Worcester may reinstate Jeremiah 
W. Moynihan and John F. McGourty as members of the fire 
department of said city for the sole purpose of retirement and 
in order to correct a mistake made at the time of their original 
retirement. Upon said reinstatement the city of Worces- 
ter shall retire said Jeremiah W. Moynihan and John F. 
McGourty for disabihty caused by injuries sustained in the 
actual performance of their duties as firemen. Said retire- 
ment shall be under the provisions of section eighty of chap- 
ter thirty-two of the General Laws, in effect in said city on 
the date of their original retirement. 

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

Approved May 14, 1951. 



Chap.312 An Act relative to counsel fees and certain other 

EXPENSES IN THE PROBATE COURTS. 



G. L. (Ter. 
Ed.). 2ir), 
new § 39B, 
added. 

Counsel fees 
and certain 
other expenses 
in the probate 
courts. 



Be it enacted, etc., as folloios: 

Chapter 215 of the General Laws is hereby amended by 
inserting after section 39A the following section : — Sec- 
tion S9B. When a decree is entered in a contested proceed- 
ing in equity or on an account or to determine the construc- 
tion of a will or of any trust instrument or to determine any 
question as to the powers, rights or duties of any fiduciary 
under any written instrument or to determine any question 
with respect to services rendered by any such fiduciary or 
the compensation of such fiduciary for such services, the 
probate court may, in its discretion as justice and equity 
may require, provide that such sums as said court may deem 
reasonable be paid out of the estate in the hands of such 
fiduciary to any party to the proceeding on account of coun- 
sel fees and other expenses incurred by him in connection 
therewith. The sums awarded shall be specified in the de- 
cree which may in such case direct that any sum so awarded 
to any party be paid in whole or in part to his counsel. The 
probate court, subject to appeal, shall have like powers 
when entering a decree after the coming down of a rescript 
from the supreme judicial court unless the rescript shall 
specifically direct otherwise. The counsel of any party to 
whom an award might be made under this section on ac- 
count of counsel fees or expenses may file and prosecute in 
his own name a petition under section thirty-nine A for the 
payment directly to him of any sum or sums which the 
court would have power to award to the party. A person 
interested, whose counsel would have standing hereunder or 
under section thirty-nine A, shall have standing to file and 



Acts, 1951.— Chaps. 313, 314. 221 

prosecute a petition for the determination of any sum or 
sums which the court would have power to award against 
such person. Approved May 14, 1951. 

An Act relative to the rent to be charged to totally C/iap.313 
unemployable disabled veterans in certain housing 
projects. 

Be a enacted, etc., as follows: 

Section 26FF of chapter 121 of the General Laws is hereby g. l. (Ter. 
amended by adding at the end of the paragi*aph inserted by f ieFF? etc., 
chapter 631 of the acts of 1950, the following sentence: — amended. 
In determining the net income for the purpose of computing °^^*^^'{J^ 
the rent of a totally unemployable disabled veteran, a hous- exdude/in 
ing authoritj'- is authorized to exclude amounts of disabilit}'- ne™ n^me. 
compensation paid by the United States government for 
disabilitj^ occurring in connection with mihtary service in 
excess of eighteen hundred dollars in any year, but such 
authorization shall apply only in state-aided projects and 
while such projects are receiving state financial assistance, 
as provided in sections twenty-six NN and twenty-six 00. 

Approved May 14, 1951. 

An Act authorizing the town of freetot^t^t to supply CAa?).314 

ITSELF AND ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of Freetown 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 of 
Freetown, acting by and through its board of water com- 
missioners hereinafter provided for, may contract with any 
other municipaHty, acting through its water department, 
or with any water company, or with any water district, for 
whatever water maj^ 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 except Long Pond and except SLiiy other 
waters 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 necessary for collecting, storing, 
holding, purifying and treating such water and protecting 



222 Acts, 1951. —Chap. 314. 

and preserving the purity thereof and for conveying the 
same to any part of said town of Freetown; provided, that 
no source of water supply and no lands necessary for pro- 
tecting and preserving the purity of the water shall be 
taken or used without first obtaining the advice and approval 
of the department of public health, and that the location and 
arrangement of all dams, reservoirs, wells or filter galleries, 
filtration and pumping plants or other works necessary in 
carrying out the provisions of this act shall be subject to the 
approval of said department; and for said purposes said 
town may acquire by lease, purchase, gift, bequest or 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 structures, 
including also purification and treatment works, the con- 
struction and maintenance of which shall be subject to the 
approval of said department of pubHc health, and may 
make excavations, procure and operate machinery, and 
provide such other means and apphances and do such other 
things as may be necessary for the establishment and main- 
tenance of complete and effective water works; and for 
that purpose may construct, lay and maintain aqueducts, 
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 repamng 
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 selectmen of said 
town. Said town of Freetown 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 depart- 
ment of public utihties. Said town of Freetown may enter 
upon any lands for the purpose of making surveys, test pits 
and borings, and may take or otherwise acquire the right 
to occupy temporarily any lands necessary for the con- 
struction 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. 



Acts, 1951. — Chap. 314. 223 

Section 4. An}' person or corporation injured in Ids or 
its property by any action of said town of Fi-eetown or board 
under this act may recover damages from said town under 
said chapter seventy-nine; provided, that the right to dam- 
ages 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 of Freetown under au- 
thority of this act. 

Section 5. Said town of Freetown may, for the purpose 
of paying the necessary expenses and liabilities incurred or to 
be incurred under the pro\isions of this act, other than ex- 
penses of maintenance and operation, issue from time to time 
bonds or notes to an amount, not exceeding, in the aggregate, 
two hundred thousand dollars, which shall bear on their face 
the words, Town of Freetown Water Loan, Act of 1951. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be pa3'able in not more than thirty years 
from their dates. Indebtedness incurred under the provi- 
sions 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 applicable pro- 
visions of said chapter. 

Section 6. Said town of Freetown shall, at the time of 
authorizing said loan or loans, provide for the payment 
thereof in accordance with the provisions of section five; and 
when a vote to that effect has been passed, a sum which, with 
the income derived from the water rates, will be sufficient to 
pay the annual expense of operating its water works or the 
purchasing of water and the maintenance of its pipe lines, as 
the case may be, and the interest as it accrues on the bonds 
or notes issued as aforesaid, and to make such payments on 
the principal as may be required under the provisions of this 
act, shall without further vote be assessed by the assessors of 
said town of Freetown annually thereafter in the same man- 
ner 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 re- 
covered 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 of Freetown shall, after its accept- 
ance of this act, at the same meeting at which the act is ac- 
cepted, 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 



224 Acts, 1951. — Chap. 314. 

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 meeting held on the day on which the shortest of such 
terms expires, and at each annual town meeting thereafter, 
one such commissioner shall be elected by ballot for the term 
of three years. All the authority granted to the town by this 
act, except sections five and six, and not otherwise specially 
provided for, shall be vested in said board of water commis- 
sioners, who shall be subject, however, to such instructions, 
rules and regulations as said town maj^ 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 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. At the meeting at which this act is ac- 
cepted the town may vote that the board of selectmen shall 
act as a board of water commissioners. 

Section 9. 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 this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as the water 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 
proportionately. 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, includ- 
ing an account of the receipts and expenditures. 

Section 10. The said town shall, within ninety days 
after taking any of the aforesaid lands, rights of way, water, 
water rights or easements, file and cause to be recorded in 
the registry of deeds for that district of the county of Bristol 
in which said lands lie, or in which said rights are to be exer- 
cised and controlled, a description thereof sufficiently accu- 
rate and specific for identification, with a statement of the 
purpose for which the same are taken, signed by the board 
of selectmen. The title to all lands and rights so acquired 



Acts, 1951. — Chaps. 315, 316. 225 

shall thereupon vest in the town of Freetown, and shall be 
managed, improved and controlled by it for the protection 
of the water supply of the said town of Freetown. 

Section 11. If the said town shall, under authority of 
this act, construct any reservoirs in such manner as to flow 
any existing public way, it shall raise the way to such grade 
as to make it reasonably safe and convenient for travel, or 
shall build, in place of any part of the way so closed, another 
suitable way with all necessarj^ fences and culverts which 
shall thereafter be a public way. 

Section 12. The said town is further authorized to sell 
by public auction, or otherwise, any land, property or ma- 
terial acquired under this act or any prior act for the exten- 
sion, purification or protection of its water supply which, by 
reason of diversion or drainage or otherwise, may no longer 
be required for any of the said purposes, and the proceeds 
shall revert to the funds of the water department. 

Section 13. This act shall take effect upon its accept- 
ance by a majority of the voters of the town of Freetown 
present and voting thereon at a town meeting called for the 
purpose within four 3'ears after its passage; but the number 
of meetings so called in anj' j^ear shall not exceed three. 

Approved May 14, 1951. 



An Act authorizing the county of Bristol to increase Chav.Sld 

THE RETIREMENT ALLOWANCE OF BESSIE A. BOOMER. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the county of Bristol is hereby authorized to increase 
the retirement allowance of Bessie A. Boomer, a former em- 
ployee at the Bristol County (South District) Registry of 
Deeds at New Bedford, to twelve hundred and eighty dollars, 
being a sum equal to two thirds of her annual compensation 
at the time of her retirement on July first, nineteen hundred 
and forty-eight. 

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

Approved May 14, 1951. 

An Act relative to the retirement of cejitain police (7/?a«.316 

OFFICERS IN THE CITY OF MALDEN. 

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 the police department of the city of Maiden 
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 prior to July first, 
nineteen himdred and thirty-seven, shall, for the purpose of 



226 Acts, 1951. — Chap. 317. 

such retirement, be accredited with the time he served as 
such reserve poHce officer as a part of his continuous service. 
Section 2. This act shall take full effect upon its accept- 
ance by the city council of the city of Maiden, 

Approved May 14, 1951. 



Chap, 317 An Act to authorize the formation of a regional 

SCHOOL district BY THE CITY OF HAVERHILL AND THE 
towns of GROVELAND, MERRIMAC'AND WEST NEWBURY. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Haverhill, by vote of its municipal 
council, and the towns of Groveland, Merrimac and West 
Newbury by vote in town meeting duly called therefor, may 
create a special unpaid board to be known as a regional 
school district planning board, to consist of one member of 
the school committee of said city to be appointed by the 
municipal council, and one member of the school committee 
of each of said towns to be appointed by the moderator. Said 
city and each of said towns may appropriate for the expense 
of said board such sum or sums, not exceeding one tenth of 
one per cent of the assessed valuation of such municipality 
in the preceding year, as it may deem necessary. The said 
board shall organize forthwith upon its appointment by the 
election of a chairman and secretary-treasurer. 

Section 2. It shall be the duty of the said planning board 
to study the advisabihty of establishing a regional school 
district, its organization, operation and control, and of con- 
structing, maintaining and operating a school or schools to 
serve the needs of such district; to estimate the construction 
and operating costs thereof; to investigate the methods of 
financing such school or schools, and any other matters per- 
taining to the organization and operation of a regional school 
district; and to submit a report of its findings and recom- 
mendations to the municipal council of said city and to the 
selectmen of each of said towns. 

Section 3. If the said board recommends that a re- 
gional school district should be established, it shall also sub- 
mit a proposed agreement setting forth — 

(a) The number, composition, method of selection, and 
terms of office of the members of the regional district school 
committee. 

(6) Thel municipality or municipahties in which the re- 
gional district school or schools are to be located. 

(c) The type of regional district school or schools. 

(d) The method of apportioning the expenses of the re- 
gional school district, and the method of apportioning the 
costs of school constmction, including any interest and re- 
tirement of principal of any bonds or other obligations 
issued by the district among the several municipalities com- 
prising the district, and the time and manner of payment of 
the shares of said municipalities of any such expense. 



Acts, 1951.— Chap. 317. 227 

(«) The method by which school transportation shall be 
provided, and if such transportation is to be furnished by 
the district, the manner in which the expenses shall be borne 
by the several municipalities. 

(/) The terms by which any municipahty may be admitted 
to or separated from the regional school district. 

(g) The method by which the agreement may be amended. 

(h) The detailed procedure for the preparation and adop- 
tion of an annual budget. 

(t) Any other matters, not incompatible with law, which 
the said board may deem advisable. 

Copies of such agreement shall be submitted to the emer- 
gency finance board, established under chapter forty-nine of 
the acts of nineteen hundred and thirty-three, and the de- 
partment of education, and, subject to their approval, to 
the several municipalities for their acceptance. 

Section 4. The municipal council of said city and the 
selectmen of each of said towns shall, upon receipt of a recom- 
mendation that a regional school district should be formed, 
and of a proposed agreement therefor submitted in accord- 
ance with the provisions of sections one to three of this act, 
or otherwise, in the form and with the approval required by 
said sections, direct the city clerk of said city and the town 
clerk of each of said towTis to cause the question of accepting 
the provisions of this act to be placed on the ballot to be 
used at the next biennial city election in said city, and to be 
used in each of said towns for the election of town officers at 
the next annual town election, or at any special town meeting 
called for the purpose, in substantially the following form: 
— "Shall the city (to^vn) accept the provisions of an act 
passed by the General Court in the year nineteen hundred 
and fifty-one, providing for the establishment of a regional 
school district by the city of Haverhill and the towns of 
Groveland, Merrimac and West Newbury, and the con- 
struction, maintenance and operation of a regional school by 
the said district in accordance with the provisions of a pro- 
posed agreement filed with the municipal council of said 
city and the selectmen of said towns?" 

If a majority of the voters in said city, present and voting, 
and a majority of the voters present and voting on said 
question in at least two of said towns shall vote in the 
affirmative, this act shall become fully effective, and the 
proposed regional school district, comprising said city and 
the towns which accepted this act as herein provided, shall 
be deemed to be established forthwith in accordance with 
the terms of the agreement so adopted. 

Section 5. The regional school district established under 
the provisions of section four shall be a body politic and cor- 
porate -with all the powers and duties conferred by law upon 
school committees, and with the following additional powers 
and duties : — 

(a) To adopt a name and a corporate seal. 

(h) To sue and be sued, but only to the same extent and 



228 Acts, 1951. — Chap. 317. 

upon the same conditions that a city or town may sue or be 
sued. 

(c) To acquire property within the municipalities com- 
prising the district under the provisions of chapter seventy- 
nine, and section fourteen of chapter forty, of the General 
Laws, for the purposes of the district, and to construct, re- 
construct, add to, equip, organize and operate a school or 
schools for the benefit of the municipalities comprising the 
district, and to make any necessary contracts in relation 
thereto. 

(d) To incur debt for the purpose of acquiring land and 
constructing, reconstructing, adding to, and equipping a 
school building or buildings for a term not exceeding twenty 
years; provided, however, that any indebtedness so incurred 
shall not exceed an amount approved by the emergency 
finance board; and provided, further, that no debt maj'- be 
incurred until the expiration of thirty daj's from the date 
said debt was authorized by the district committee. If, 
prior to the expiration of said period, the municipal council of 
said city expresses disapproval of the amount authorized 
by the district committee, or any member town expresses 
such disapproval by vote of a majority'' of the voters present 
and voting on the matter at a town meeting called for the 
purpose of expressing such disapproval, the said debt shall 
not be incurred and the district school committee shall 
thereupon prepare an alternative proposal and a new or 
revised authorization to incur debt. 

(e) To issue bonds and notes in the name and upon the 
full faith and credit of said district ; said bonds or notes shall 
be signed by the chairman and treasurer of the district com- 
mittee and each issue of bonds or notes shall be a separate loan. 

(/) To receive and disburse funds for an}^ district purpose. 

(g) To incur temporary debt in anticipation of revenue 
to be received from member municipalities. 

(h) To assess member municipalities for any expenses of 
the district. 

(i) To receive any grants or gifts for the purposes of the 
regional district school or schools. 

(j) To engage legal counsel. 

(fc) To submit an annual report to each of the member 
municipalities, containing a detailed financial statement, and 
a statement showing the method bj^ which the annual charges 
assessed against each municipality were computed, together 
with such additional information relating to the operation 
and maintenance of such school or schools as may be deemed 
necessary by the district school committee or by the mu- 
nicipal council of said city or by the selectmen of any member 
town. 

(0 To employ a superintendent of schools who may also 
be a superintendent of one or more of the municipalities 
comprising said district, and said superintendent shall have 
all the powers and duties imposed upon school superin- 
tendents by law. 



Acts, 1951. — Chap. 317. - 229 

(in) To adopt an annual operating and maintenance 
budget, not later than December first. 

Section 6. The powers, duties and liabilities of a regional 
school district shall be vested in and exercised by a regional 
district school committee organized in accordance with the 
agreement. The committee shall choose a chairman by 
ballot from its membership. It shall appoint a secretary 
and a treasurer who may be the same person, but who need 
not be members of said committee. The treasurer shall 
receive and take charge of all money belonging to the district 
and shall pay any bill of the district which shall have been 
approved by the committee. The treasurer may, by vote 
of said committee, be compensated for his services. The 
treasurer of said district shall be subject to the provisions of 
sections thirty-five, fifty-two and one hundred and nine A of 
chapter forty-one of the General Laws, to the extent appli- 
cable. 

Section 7. The regional district school committee shall 
annually determine the amounts necessary to be raised to 
maintain and operate the district school or schools during 
the ensuing calendar year, and the amounts required for 
payment of debt and interest incurred by the district which 
will be due in the said year, and shall apportion the amount 
so determined among the several municipalities in accordance 
with the terms of the agreement. The amounts so appor- 
tioned for each town shall, prior to December thirty-first 
in each year, be certified by the regional district treasurer 
to the treasurers of the several municipalities. Each mu- 
nicipality shall appropriate the amounts so certified, and 
in case any such municipality fails to pa}^ over to the treasurer 
of said district the amount of its apportionment within the 
time specified in said agreement for such payment, the 
district school committee shall invoke the provisions of 
section thirty-four of chapter seventy-one of the General 
Laws. The city or town treasurer shall pa}' the amount so 
appropriated or any amount ordered to be raised by court 
decree to said district at the time or times specified in the 
agreement. 

Section 8. The regional school district shall be subject 
to all laws pertaining to school transportation; and when 
the agreement provides for the furnishing of transportation 
by the district, the apportioned cost of transportation shall 
be included with any other school transportation costs 
incurred in computing the amount of state aid due it. 

Section 9. Each municipality comprising the regional 
school district shall continue to receive state aid for edu- 
cational purposes in the amount to which it would be entitled 
if such district had not been formed; and such regional 
school district shall be entitled to receive state aid for 
construction of regional schools. 

Section 10. The director of accounts in the department 
of corporations and taxation shall annually cause an audit 
to be made of the accounts of the regional district school 



230 Acts, 1951.— Chap. 318. 

committee, and for this purpose he, and his duly accredited 
agents, shall have access to all necessary papers, books and 
records. Upon the completion of each audit, a report thereon 
shall be made to the chairman of the district committee, and 
a copy thereof shall be sent to the mayor of said city and 
to the chairman of the selectmen and of the school com- 
mittee of each town which is a member of the district. The 
director shall apportion the cost among the several mu- 
nicipalities which are members of the district on the basis 
provided by section three of tliis act, and submit the amounts 
of each apportionment to the state treasurer, who shall 
issue his warrant requiring the assessors of the municipalities 
which are members of the district to assess a tax to the 
amount of the expense, and such amounts shall be collected 
and paid to the state treasurer as provided by section twenty 
of chapter fifty-nine of the General Laws. 

Section 11. The regional school district shall maintain 
a contributory retirement system for non-teaching employees 
of the district, subject in all respects to the applicable 
pro\'isions of chapter thirty-two of the General Laws. 

Section 12. No municipality in the regional school 
district shall be liable for any obligation imposed on any 
other municipality in said district by authority of this act, 
or of any agreement thereunder, any other provision of law 
to the contrary notwithstanding. 

Section 13. The members of the aforesaid emergency 
finance board when acting under this act shall receive from 
the commonwealth compensation to the same extent as 
provided under chapter three hundred and sixty-six of the 
acts of nineteen hundred and thirty-three, as amended, 
including chapter seventy-four of the acts of nineteen 
hundred and forty-five. 

Section 14. If any provision of this act, or the appli- 
cation of such provision to any person or circumstances, 
shall be held invahd, the remainder of said act and the 
application of such provisions to persons or circumstances 
other than those as to which it is held invalid, shall not be 
affected thereby. Approved May 1^, 1951. 



Chap.SlS An Act further regulating the work hours of em- 
ployees OF THE TOWN OF SAUGUS. 

Be it enacted, etc., as follows: 

Section 1. Except as otherwise provided in this act and 
notwithstanding any other provision of general or special 
law, the service of all persons employed by the town of 
Saugus shall be restricted to five days and forty hours in any 
one week; provided, that, in cases of unusual emergency, an 
officer of said town or any other person whose duty it is to 
employ, direct or control such employees, may require em- 
ployees to work additional hours, and such additional service 
shall be compensated for as overtime. This act shall not 



Acts, 1951. — Chaps. 319, 320. 231 

appl}^ to policemen, firemen, school teachers, incumbents of 
offices specifically established by or under the authority of 
any general or special law, or such other classes or groups of 
employees as from time to time may be specifically exempted 
therefrom by vote of the town at an annual town meeting. 
The compensation payable to any employee shall not be re- 
duced by reason of acceptance of this act. 

Section 2. This act shall be submitted to the registered 
voters of the town of Saugus for acceptance at the regular 
town election on the third Monday of January in the year 
nineteen hundred and fifty-two. The vote shall be taken by 
ballot in precincts in accordance with the provisions of the 
General Laws, so far as the same shall be applicable, in an- 
swer to the following question which shall be placed upon the 
official ballot to be used at said election: — "Shall an act 
passed by the general court in the year nineteen hundred and 
fifty-one, entitled ' An Act further regulating the work hours 
of employees of the town of Saugus', be accepted by this 
town?" If accepted by a majority of the voters voting 
thereon, this act shall take full effect for all purposes on 
April first, nineteen hundred and fifty-two. 

Approved May 14, 1951. 



An Act authorizing the city of boston to pension QJidy 3^9 

CHARLES J. SERGEI, A MEMBER OF THE POLICE DEPART- 
MENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the city of Boston shall, because of the unusual injuries 
sustained in the line of dutj^ bj^ patrolman Charles J. Sergei 
at Columbus avenue in said city on July seventeenth, nine- 
teen hundred and forty-eight, which has brought him to a 
condition wherein he is totally disabled, pension said patrol- 
man Charles J. Sergei at the full pay received by him at 
the time of his retirement. 

Section 2. Upon his death there shall be paid to his 
wife a pension equal to two thirds of the amount he was re- 
ceiving as full pay pension at the time of his death, the same 
to continue as long as she remains unmarried. 

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

Approved May I4, 1961. 

An Act to extend the time for completing projects C/iap.320 

AUTHORIZED BY A SPECIAL CAPITAL OUTLAY PROGRAM OF 
nineteen HUNDRED AND FORTY-NINE. 

Whereas, The deferred operation of this act would tend ^^^^^^ 
to defeat its purpose, which in part is to make its provisions ™ 
effective without delay, therefore it is hereby declared to 



232 Acts, 1951.— Chaps. 321, 322. 

be an emergency law, necessary for the immediate preser- 
vation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 309 of the acts of 1949 
is hereby amended by striking out the second sentence and 
inserting in place thereof the following sentence : — It is 
further provided that funds made available by this act shall 
be available for expenditure in accordance with section 
fourteen of chapter twenty-nine of the General Laws, as 
amended. 

Section 2. Section 1 of chapter 790 of the acts of 1949 
is hereby amended by striking out the second sentence and 
inserting in place thereof the following sentence : — It is 
further provided that funds made available by this act shall 
be available for expenditure in accordance with section 
fourteen of chapter twenty-nine of the General Laws, as 
amended. Approved May 17, 1951. 

Chap. ^21 An Act increasing the time during which the city 

OF HAVERHILL MAY APPROPRIATE MONEY FOR THE PRO- 
MOTION OF THE DEVELOPMENT AND INDUSTRIAL RESOURCES 
OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 181 of the acts of 1950 
is hereby amended by striking out the first sentence and 
inserting in place thereof the following sentence : — Not- 
withstanding the provisions of any general or special law 
to the contrary, the city of Haverhill may appropriate 
annually for a period of five 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 in- 
dustrial resources of said city. 

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

Approved May 19, 1951. 

Chap. S22 An Act defining the word "mayor" as used in the 

LAWS relative TO PROVIDING HOUSING FOR VETERANS. 

Eme^ency Wkerctts, The defciTcd operation of this act would tend to 

pream e. defeat its purpose, which is to make the provisions contained 

herein effective 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: 

Edo,'i2L Section 26J of chapter 121 of the General Laws, as 

§ 2'6J. etc.. amended, is hereby further amended by adding at the end 

amended. . i j- ii • v 

the following paragraph : — 
"Maj^r" "Mayor", the duly elected mayor of the city in all cities 

except those having a Plan D or Plan E charter. In cities 



Acts, 1951. —Chap. 323. 233 

having a Plan D or Plan E charter, the city manager shall 
have and possess, and shall exercise, all the powers granted 
to the mayor by sections twenty-six K to twenty-six NN. 

Approved May 19, 1951. 



An Act relative to the method of assessing the amount C/ia».323 

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, 
NINETEEN HUNDRED AND FIFTY. 

Be it enacted, etc., as follows: 

Section 1. The seventh paragraph of section 13 of chap- 
ter 544 of the acts of 1947, as most recently amended by 
chapter 270 of the acts of 1950, is hereby further amended 
by inserting after the word "forty-nine" in line 17 the 
words : — or on account of a deficiency as of the last day of 
December, nineteen hundred and fifty, — so as to 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 forty-nine, or as of the last day of 
December in any year thereafter, such amount, with interest 
or other charges incurred in borrowing the money for the 
purpose, shall be assessed upon the cities and towns consti- 
tuting the authority as provided by section twenty of chap- 
ter fifty-nine of the General Laws, as amended, in proportion 
to the number of persons in said cities and towns using the 
service of the authority at the time of said payment, said 
proportion to be determined and reported to the state treas- 
urer by the trustees from computations made in their dis- 
cretion for the purpose; provided, that any amount which 
the commonwealth is called upon to pay the authority on 
account of a deficiency as of the last day of December, nine- 
teen hundred and forty-nine or on account of a deficiency as 
of the last day of December, nineteen hundred and fifty, with 
interest and other charges incurred in borrowing the money 
for the purpose, shall be assessed upon the cities and towns 
constituting the authority as provided by section twenty of 
chapter fifty-nine of the General Laws, as amended, in pro- 
portion to the amounts paid under the last preceding assess- 
ment under section fourteen of chapter one hundred and 
fifty-nine of the Special Acts of nineteen hundred and 
eighteen. 

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

Approved May 19, 1961. 



234 Acts, 1951. — Chaps. 324, 325, 326. 



C/iap. 324 An Act providing for a five day work week for police 

OFFICERS OF THE TOWN OF PLYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of gen- 
eral or special law, the services of all police officers of the 
town of Plymouth shall be restricted to five days in any one 
week; provided, that, in case of any pubHc emergency, or of 
any unusual demand for the services of said police, service 
in excess of five days may be authorized by the chief of 
pohce. The compensation payable to any police officer shall 
not be reduced by reason of this act. 

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

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

Approved May 19, 1951. 

Chap. 325 An Act providing for the transfer of certain actions 

BROUGHT IN DISTRICT COURTS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 218 of the General Laws is hereby amended by 

S'llsA, inserting after section 2, as appearing in the Tercentenary 
added. ' Edition, the following section: — Section S A. Each district 
^nain^Lfions court shall have civil jurisdiction of actions local or transitory 
brought in bcguu iu such court which should have been brought in some 
other district court, to the extent that the court in which 
the action is begun may try and dispose of the case if the 
question of venue is waived or, if not waived, the court may, 
on motion of any party, order the action, with all papers 
relating thereto, to be transferred for trial or disposition to 
any other district court in which the action might have been 
commenced. The defendant in said action shall be entitled 
to costs and such reasonable attorney's fees as may be 
allowed by the court. Said action shall thereupon be entered 
and prosecuted in such court as if it had been originally 
commenced therein, and all prior proceedings otherwise 
regularly taken shall thereafter be valid. An additional 
entry fee for entry in the court to which the case is trans- 
ferred shall be paid to the clerk of the transmitting court 
for transfer with the papers. Approved May 19, 1951. 



district 
courts. 



C/iap.326 An Act relative to the installation of parking meters 

IN off-street parking lots and USE OF THE RECEIPTS 
THEREFROM. 

Be it enacted, etc., as follows: 

Edo,'4o!^new Chapter 40 of the General Laws is hereby amended by 
§ 22C, added, inserting after section 22B, inserted by chapter 776 of the 
metSs^ acts of 1949, the following section: — Section 22C. Any 



Acts, 1951.— Chap. 327. " 235 

city or town, having installed parking meters under the in off-street 
provisions of section twenty-two A, may install parking p^'"'^*°« ^°^- 
meters in municipally owned off-street parking lots, and 
may use any receipts from parking meters so installed for Use of 
the purpose of purchase of additional parking lots, the care '"^''^'p*^- 
and maintenance of the same, and in general for any traffic 
control or traffic safety purposes, including payment for 
public liability coverage in connection with the use of said 
municipally owned off-street parking lots. 

Approved May 19, 1951. 



An Act relating to insurance policies which provide Qhnj) 397 

COVERAGES FOR MORE THAN ONE CLASS OF INSURANCE. ^' 

Be it enacted, etc., as folloivs: 

Chapter 175 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 22A, as most recently amended by chap- f 22A,^Ito.. 
ter 158 of the acts of 1946, and inserting in place thereof the amended. ' 
following section: — Section 22 A. No company shall issue Coverage of 
any poUcy of insurance which provides coverage against ^Lnded.^ 
loss or damage caused by hazards specified in more than one 
of the clauses of section forty-seven, until a copy of the form 
of the pohcy has been on file for thirty days with the com- 
missioner, unless before the expiration of said thirty days 
he shall have approved the form of the poHcy in writing; 
nor if the commissioner notifies the company in writing 
within said thirty days that the form of the pohcy does not 
comply with the laws of the commonwealth, specifying his 
reasons therefor, provided that the opinion of the com- 
missioner shall be subject to review by the supreme judicial 
court; but nothing in the foregoing provisions of this section 
shall permit the incorporation in any pohcy issued under 
section one hundred and eleven A or one hundred and seven- 
teen A, or any policy subject to section one hundred and 
eight or one hundred and thirteen A or one hundred and 
thirty- two, of any coverage not otherwise permitted by 
this chapter to be incorporated therejn. The provisions of 
this paragraph shall not apply to pohcies authorized by 
section fifty-four D. 

In all instances when additional insurance coverages are 
incorporated in the standard fire pohcy prescribed by sec- 
tion ninety-nine in the manner provided in clause Ninth of 
said section, the rate and premium for the coverage against 
the peril of fire under said standard fire pohcy shall be 
separately set forth in said pohcy; provided, that the provi- 
sions of this paragraph shall not apply to special types or 
classes of risks, in connection with the insurance of which, a 
particular inspection or engineering service and set of stand- 
ards has been maintained and as to which an appropriate 
rating formula or schedule is on file with the commissioner 
and not disapproved. Approved May 19, 1951. 



236 Acts, 1951. — Chaps. 328, 329, 330. 



Chap.S2S An Act relative to the maintenance and repair of 

THE SARATOGA STREET BRIDGE IN THE EAST BOSTON DIS- 
TRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as folloios: 

The superstructure and subflooring of the bridge by which 
Saratoga street in the East Boston district of the city of 
Boston crosses the rapid transit facihties provided for by 
chapter six hundred and ninety-two of the acts of nineteen 
hundred and forty-five, as amended, and the abutments 
and other supports of said bridge, shall be maintained and 
kept in repair by the Metropolitan Transit Authority, but 
the approaches of said bridge and the pavement or wearing 
surface over the subflooring shall be maintained and kept in 
repair by the city of Boston. Approved May 19, 1961. 

Chap. ^2^ An Act relative to licenses for the erection and use 

OF BUILDINGS AND OTHER STRUCTURES FOR STORING, MANU- 
FACTURING AND SELLING CERTAIN EXPLOSIVES AND IN- 
FLAMMABLE MATERIALS. 

Be it enacted, etc., as follows: 
G. L. (Ter. The first paragraph of section 13 of chapter 148 of the 

fta.'itlf; General Laws, as most recently amended by section 27 of 
amended. chapter 550 of the acts of 1948, is hereby further amended 

LJ^ense ^^ j-^y a^fjing at the end the following sentence : — Any such 
certahi con- Hccnse granted hereunder shall be subject to such conditions 
ditions, etc. ^^^ restrictions as may be prescribed in the Hcense by the 

local licensing authority, which may include a condition 

that the license be exercised to such extent and within such 

period as may be fixed by such authority. 

Approved May 19, 1951. 



C/iax>. 330 An Act providing for the creation of a development 

AND industrial COMMISSION FOR THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law to the contrary the city of Lowell naay 
appropriate annually for a period of three years commencing 
in the current year, a sum not exceeding forty thousand 
dollars in any one year, for the purpose of creating a devel- 
opment and industrial commission for the promotion and 
development of the industrial resources of said city. The 
commission shall conduct researches into industrial condi- 
tions and shall seek to co-ordinate the activities of unofficial 
bodies organized for said purposes, and may advertise, pre- 
pare, 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 clerks and other employees as 
it may require; provided, that said appointees shall be sub- 



Acts, 1951. — Chap. 331. 237 

ject to the provisions of chapter thirty-one of the General 
Laws. Members 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. Appoint- 
ments and money expended hereunder shall be under the 
direction of the city manager in accordance with its charter. 
Section 2. This act shall take full effect upon its accept- 
ance by vote of the city council of said city, subject to the 
provisions of its charter, but not otherwise. 

Approved May 19, 1951. 

An Act relative to regional school district planning C/iap.331 

COMMITTEES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 71 of the General Laws is hereby SjV i?''.-,. 
amended by striking out section 14, as appearing in section 1 etc!. 'amended'. 
of chapter 638 of the acts of 1949, and inserting in place 
thereof the following section: — Section II,. Any town, by ^^f^'","^? • 
vote in town meeting duly called therefor, may create a planning* "*^ 
special unpaid committee to be known as a regional school committee, 
district planning committee, to consist of three members, in- 
cluding one member of the school committee, to be appointed 
by the moderator; and may at the same meeting or at a 
subsequent meeting appropriate for the expense of said com- 
mittee such sum or sums, not exceeding one tenth of one 
per cent of the assessed valuation of such town in the pre- 
ceding year, as it may deem necessary. Regional school 
district planning committees from any two or more towns 
may join together to form a regional school district planning 
board or boards. Such regional school district planning 
board shall organize forthwith upon its formation by the 
election of a chairman and secretary-treasurer. 

Section 2. Section 14A of said chapter 71, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in line 1, the word § HA^etc, 
"said" and inserting in place thereof the words: — regional ^n^ended. 
school district. 

Section 3. Section 14B of said chapter 71, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in Hnes 1 to 3, in- fl^B^ltc, 
elusive, the words "If the said board recommends that a amended, 
regional school district should be established, it shall also 
submit a proposed agreement setting forth — " and insert- 
ing in place thereof the following : — The said regional ^co^mend 
district planning board may recommend that there shall be steps neces- 
established a regional school district which may include all fSf regional" 
the towns represented by its membership, or alternatively, ^^^°^^^^ 
any specified combination of such towns. If the said re- 
gional district planning board so recommends, it shall sub- 
mit a proposed agreement or agreements setting forth as to 
each alternative recommendation, if such be made, the 
following : — 

Section 4. Section 15 of said chapter 71, as so appearing, g. l. (Ter. 
is hereby amended by striking out the first paragraph and ^tt! 'amended. 



238 



Acts, 1951. — Chap. 332. 



Establishment 
of district to 
be placed on 
ballot, etc. 



inserting in place thereof the following paragraph : — The 
selectmen of the several towns shall, upon receipt of a recom- 
mendation that a regional school district should be formed, 
and of a proposed agreement therefor submitted in accord- 
ance with the provisions of sections fourteen to fourteen B, 
inclusive, or otherwise, in the form and with the approval 
required by said sections, direct the town clerk to cause the 
question of accepting the provisions of this and the follow- 
ing ten sections to be placed on the official ballot used for 
the election of town officers at the next annual town election; 
or, if such annual town election will not occur within thirty- 
days after receipt of such recommendation by the selectmen 
of the several towns, on a printed ballot at a special town 
meeting called within thirty days for the purpose of voting 
upon the acceptance of the proposed agreement or agree- 
ments, in substantially the following form: 

Approved May 19, 1951. 



Chap.SS2 An Act requiring candidates for, or persons accepting, 

NOMINATION BY A POLITICAL PARTY AT A STATE PRIMARY 
TO BE CERTIFIED AS ENROLLED MEMBERS OF SUCH PARTY. 

Be it enacted, etc., as follows: 

Chapter 53 of the General Laws is hereby amended by 
striking out section 48, as most recently amended by sec- 
tion 4 of chapter 20 of the acts of 1946, and inserting in place 
thereof the following section : — Section 48. All nomination 
papers of candidates to be voted for at state primaries shall 
be filed with the state secretary on or before the seventh 
Tuesday preceding the day of the primaries; except in the 
case of primaries before special elections, when nomination 
papers shall be filed on or before the third Tuesday preceding 
the day of the primaries. 

There shall not be printed on the ballot at a state primary 
the name of any person as a candidate for nomination for 
any office to be filled by all the voters of the commonwealth, 
or for councillor, senator, representative to the general 
court, representative in congress, district attorney, clerk 
of court, register of probate and insolvency, register of 
deeds, county commissioner, sheriff, county treasurer, or 
commissioner to apportion Suffolk county into representa- 
tive districts, unless a certificate from the registrars of 
voters of the city or town wherein such person is a registered 
voter that he is enrolled as a member of the political party 
whose nomination he seeks is filed with the state secretary 
on or before the last day herein provided for fifing nomination 
papers. Said registrars shall issue such a certificate forth- 
with upon request of any such candidate so enrolled or of his 
authorized representative. Approved May 19, 1951. 



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

Last day for 
filing nomina- 
tion papers. 



Persons 
accepting 
nomination 
by a party 
must be 
enrolled 
members of 
party. 



Acts, 1951. — Chaps. 333, 334. 239 



An Act authorizing the department of public health Qhap.SSS 

TO PAY A SUM OF MONEY TO ISRAEL GREENBERG, AN EM- 
PLOYEE AT THE WESTFIELD STATE SANATORIUM. 

Be it enacted, etc., as follows. ■ 

The department of public health is hereby authorized to 
pay to Israel Greenberg the total sum of money due him 
for sick leave while an employee at the Westfield state 
sanatorium between July first, nineteen hundred and forty- 
three and January thirty-first, nineteen hundred and forty- 
four, for which no compensation was ever received by him. 
For said purpose, the department of public health is hereby 
authorized to pay to said Israel Greenberg such sum, not 
to exceed four hundred fifteen dollars and sixty cents, as 
may be appropriated therefor. 

Approved May 22, 1951. 



An Act providing for certain improvements at the 
barnstable county sanatorium. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 185 of the acts of 1950 
is hereby amended by striking out, in Hne 3, the words 
"seven hundred and fifty" and inserting in place thereof the 
words : — eight hundred and four, — and by inserting after 
the word "forty-three", in line 16, the words: — , together 
with the sum of eight thousand dollars representing an un- 
restricted bequest to the Barnstable county sanatorium 
under the will of Ida D. Abbe plus accumulated interest, — 
so as to read as follows: — Section 1. The trustees of the 
Barnstable county sanatorium are hereby authorized to 
expend sums, not exceeding in the aggregate eight hundred 
and four 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, utilities, or other 
facilities, and for providing 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 Barn- 
stable in the post-war rehabilitation fund established under 
authority of chapter five of the acts of nineteen hundred and 
forty-three, together with the sum of eight thousand dollars 
representing an unrestricted bequest to the Barnstable 
county sanatorium under the will of Ida D. Abbe plus ac- 
cumulated interest, shall be included in and considered a 
part of the total amount of the expenditures authorized 
under this section. 



Chap.SSi 



240 Acts, 1951. — Chap. 335. 

Section 2. Section 2 of said chapter 185 is hereby- 
amended by striking out, in line 3, the words "one hundred 
and forty-seven thousand" and inserting in place thereof 
the words : — one hundred and sixty-nine thousand five 
hundred, — so as to read as follows : — Section 2. The 
county commissioners of Barnstable county are hereby 
authorized to sell bonds in the amount of one hundred and 
sixty-nine thousand five hundred dollars, plus any accumu- 
lated 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. Section 3 of said chapter 185 is hereby 
amended by striking out, in line 5, the word "fifty-four" 
and inserting in place thereof the word : — seventy-five, — 
so as to read as follows : — 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 seventy-five 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 sepa- 
rate 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. Indebted- 
ness incurred under this act shall, except as herein provided, 
be subject to chapter thirty-five of the General Laws. 

Section 4. Section 4 of said chapter 185 is hereby 
amended by striking out, in line 6, the word "fifty-four" 
and inserting in place thereof the word : — seventy-five, — 
so as to read as follows: — Section 4- The county treasurer 
of said county, with the approval of the county commis- 
sioners, 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, thi-ee hundred and seventy-five 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 effect upon its passage. 

Approved May SS, 1951. 

C hap. SS6 An Act authorizing the commissioner of public safety 

TO CONDUCT TRAINING SCHOOLS FOR LOCAL POLICE OFFICERS. 

Emergency Whereos, The deferred operation of this act would tend 

to defeat its purpose, which in part is to provide without 



Acts, 1951. — Chap, 336. 241 

delay for the conduct of the pohce training schools referred 
to 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: 

Chapter 22 of the General Laws is hereby amended by g. l. (Tm. 
inserting after section 9D the following section : — Sec- f 9^; idded'* 
lion 9E. The commissioner may conduct schools for train- commissioner 
ing pohce officers of the cities and towns of the common- ^^f^fn"'*"''^ 
wealth and shall appoint necessary instructors. There shall schools for 
be an advisory board to assist the commissioner whose LfficerT"'''' 
members shall be the directors of the Massachusetts Chiefs 
of Police Incorporated. The commissioner, with the advisory 
board, shall prescribe the courses of study and time to be 
devoted to same. Cities and towns voluntarily participating 
in such training shall reimburse the commonwealth for the 
necessary expense thereof. Attendance at such schools by 
pohce officers of any city or town shall be on a voluntary 
basis. Approved May 23, 1951. 



An Act making appropriations for the fiscal year Qhav.^Z^ 

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FIFTY- 
ONE, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING 
APPROPRIATIONS, AND FOR CERTAIN NEW ACTIVITIES AND 
PROJECTS. 

Be it enacted, etc., asfolloivs: 

Section 1. To provide for meeting deficiencies in certain 
appropriations previously made, and for certain new activi- 
ties and projects, the sums set forth in section two, for the 
several purposes and subject to the conditions specified in 
said section, are hereby appropriated for the current fiscal 
year or for such other period as may be specified, from the 
general fund or ordinary revenue of the commonwealth, un- 
less some other source of revenue is expressed, subject to 
the provisions of law regulating the disbursement of pubhc 
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 Appropriations are made from the General Fund: 

Service of the Legislative Department. 
Item 

0101-08 For clerical assistance to the clerk of the house 
of representatives, including not more than 
three permanent positions . $300 00 

0101-14 For compensation of the pages of the senate 
and house of representatives, with the ap- 
proval of the sergeant-at-arms, including 
not more than twenty-two permanent 
positions 1,850 00 



242 



Acts, 1951. — Chap. 336. 



Item 
0101-18 



0101-19 

0101-20 
0101-21 
0102-04 

0102-06 

0102-07 
0102-09 

0102-12 
0102-13 



For personal services of the counsel to the 

senate and assistants, including not more 

than four permanent positions; provided, 

that notwithstanding any provisions of 

law to the contrary, the present counsel to 

the senate may continue to serve in said 

ofBce subject to the will of the senate . $700 00 

For personal services of the counsel to the 

house of representatives and assistants, 

including not more than six permanent 

positions 2,200 00 

For certain payments as authorized by chap- 
ters twelve and thirteen of the resolves of 

the current year ..... 7,462 00 

For clerical and other assistance to the house 

committee on rules, including not more 

than seven permanent positions . . 320 00 

For expenses in connection with the pubh- 

cation of the bulletin of committee hear- 
ings and of the daily list, with the approval 

of the joint committee on rules, including 

not more than two permanent positions . 11,000 00 

For expenses of the committee on rules on 

the part of the senate .... 500 00 

For expenses of the counsel to the senate . 310 00 

For expenses of the committee on rules on the 

part of the house 3,000 00 

For telephone service, for the year nineteen 

hundred and fifty-one and the previous 

year 7,000 00 

For biographical sketches of certain state and 

federal ofBcials 89 00 



Special: 

0102-24 For certain repairs to the chambers of the 
senate and house of representatives . 

0102-35 For traveling and such other expenses of the 
committees of the house of representatives 
as may be authorized by order of the house 
of representatives ..... 

0102-36 For traveling and such other expenses of 
joint committees of the general court as 
may be authorized by joint order of the 
general court ..... 

0261 Item 0261 of section two of chapter eight 

hundred and twenty-five of the acts of 
nineteen hundred and fifty is hereby 
amended in line four by inserting after 
the word "forty-nine" the words: — and 
as amended by chapter ten of the resolves 
of nineteen hundred and fifty-one; and 
said item 0261 is hereby further amended 
in line five by adding after the word "pur- 
pose" the words: — for the fiscal years 
nineteen hundred and fifty-one and nine- 
teen hundred and fifty-two 



10.000 00 



1,500 00 



1,000 00 



30,000 00 



Service of the Executive Department. 

0401-24 For the cost, not to exceed twenty-seven 
thousand dollars, of entertainment of dis- 
tinguished visitors to the commonwealth; 
for the payment of extraordinary expenses 



Acts, 1951. — Chap. 336. 



243 



not otherwise provided for; and for trans- 
fers to appropriation accounts where the 
amounts otherwise available are insuffi- 
cient; provided, that requests for such 
transfers shall be referred to the commis- 
sion on administration and finance which, 
after investigation, shall submit for the 
approval of the governor and council its 
written recommendation as to the amount 
of funds required, with facts pertinent 

thereto $27,000 00 

0401-90 For personal services and expenses for a revi- 
sion, recodification, consoUdation and ar- 
rangement of the General Laws of the 
commonwealth, as authorized by chapter 
ninety-four of the resolves of nineteen hun- 
dred and forty-eight as amended by chap- 
ter twenty-two of the resolves of nineteen 
hundred and fifty and by a resolve of the 
current year, to be in addition to any 
amount heretofore appropriated for the 
purpose 13,000 00 



Service of the State Surgeon. 

0407-01 For the service of the state surgeon, includ- 
ing not more than three permanent posi- 
tions ....... 



$3,440 00 



Service of the Commission on Administration and Finance. 
0414-10 For telephone service in the state house . $5,000 00 



Service of the Youth Service Board. 

Instruction in public schools: 
0446-20 For reimbursement of cities and towns for 
tuition of children attending the public 
schools ...... 



$4,270 00 



Special: 
0463-25 The unexpended balance of the amount 
made available by item 0463-25 of section 
two of chapter three hundred and eight of 
the acts of nineteen hundred and forty- 
nine is hereby reappropriated. 



Service of the Attorney General's Department. 

0802-01 For the settlement of certain claims, as pro- 
vided by law, on account of damages by 
cars owned by the commonwealth and 
operated by state employees . 



$3,782 00 



Service of the Department of Conservation. 

Division of Forestry: 
1002-12 For the service of the state fire warden, in- 
cluding not more than sixteen permanent 
positions ...... 



$7,500 00 



244 



Acts, 1951. — Chap. 336. 



Service of the Department of Corporations and Taxation. 

Reimbursement of loss of taxes : 
1205-01 For reimbursing cities and towns for loss of 
taxes on land used for state institutions and 
certain other state activities, as certified by 
the commissioner of corporations and taxa- 
tion for the calendar year nineteen hundred 
and fifty, and for the reimbursement of 
certain towns as authorized by section 
seventeen B of chapter fifty-eight of the 
General Laws, to be in addition to any 
amount heretofore appropriated for the 
purpose; provided, that on and after 
January one, nineteen hundred and fifty, 
the commissioner shall not include in any 
distribution under this item any amounts 
on account of land not included in such 
distributions prior to January one, nine- 
teen hundred and fifty, unless specifically 
so authorized by legislative act . . $93,879 00 



Service of the Department of Education. 

1301-53 For the reimbursement of certain towns for 
the transportation of pupils as provided by 
law; provided, that a sum equivalent to 
the expenditures under this item shall be 
transferred to the General Fimd from the 
receipts of the income tax 

1301-55 For reimbursement of certain cities and 
towns for adult EngUsh-speaking classes . 

Division of the Blind : 

1304-10 For expenses of administering and operating 
the services of piano tuning and mattress 
renovating under section twenty-five of 
chapter sixty-nine of the General Laws 

1304-16 For the operation of certain industries for 
men, including not more than six perma- 
nent positions ..... 

Teachers' Retirement Board: 
1305-04 \ From the amoimt appropriated in item 1305- 
1305-08 J 04 of section two of chapter five hxmdred 
and eighty of the acts of nineteen hundred 
and fifty the sum of two hundred twenty- 
five thousand dollars is hereby transferred 
and made available for the purposes of 
item 1305-08 of section two of chapters five 
hundred and eighty and eight hundred and 
twenty-five of the acts of nineteen hundred 
and fifty. 
1341-00 Item 1341-00 of section two of chapter five 
hundred and eighty of the acts of nineteen 
hundred and fifty is hereby amended by 
adding after the word "Fund" in line 
nine the following words : — and, provided 
further, that the trustees of the University 
of Massachusetts are authorized to expend 
an amount not exceeding ten thousand 
dollars to reimburse the town of Amherst 
for certain land damage resulting from land 
takings in connection with the construction 
of a sidewalk along highway route 116, 
south of the University campus. 



$92,000 00 
18,072 00 

2,500 00 
15,000 00 



Acts, 1951. — Chap. 336. 



245 



Service of the Department of Citnl Service and Registration. 

Item 

Division of Civil Service : 

1402-21 For expenses of hearings, as authorized by 
section one of chapter six hundred and 
sixty-seven of the acts of nineteen hundred 
and forty-five $1,500 00 



Division of Registration : 
1421-01 Board of registration of hairdressers, includ- 
ing not more than seventeen permanent 
positions ...... 



765 00 



Service of the Department of Mental Health. 

1711-00 Item 1711-00 of section two of chapters five 
hundred and eighty and eight hundred and 
twenty-five of the acts of nineteen hundred 
and fifty is hereby amended in Une three 
by adding after the word "positions" the 
words : — , and to authorize charging 
against this appropriation a shortage in 
the amount of seventeen dollars and one 
cent from a previous year determined by 
the attorney general to be uncollectible. 

1713-00 The encumbered balance remaining in the 
appropriation made by item 1713-00 of 
section two of cliapters three hundred and 
seven and eight hundred and ten of the 
acts of nineteen hundred and forty-nine is 
hereby reappropriated and made available 
for expenditure through June thirtieth, 
nineteen hundred and fifty-two. 



Service of the Department of Public Health. 



2023-00 



For the maintenance of and for certain 
improvements at the following institu- 
tion under the control of the department 
of public health : 
North Reading state sanatorium, including 

not more than two hundred and sixteen 

permanent positions 



S7,0()0 00 



Service of the Department of Public Safety. 

2103-01 For the fire prevention service, including not 
more than twenty-five permanent positions 



$392 00 



Board of Fire Prevention Regulations: 
2108-01 P'or the service of the board, including not 
more than six permanent positions . 



300 00 



Service of the Department of Public Works. 

Special : 
2220-17 For the removal of a mud wave, and for the 
sanding of the beach at Orient Heights in 
East Boston ...... 



$65,120 00 



246 



Acts, 1951.— Chap. 336. 



Service of the Department of Pvblic Utilities. 
Item 

2301-02 \ From the amount appropriated in item 2301- 
2301-09 / 02 of section two of chapters five hundred 
and eighty and eight hundred and twenty- 
five of the acts of nineteen hundred and 
fifty the sum of four thousand dollars is 
hereby transferred and made available for 
the purposes of item 2301-09 of section two 
of said chapter five hundred and eighty. 



Unclassified Accounts and Claims. 

2811-02 For the compensation of veterans who may 
be retired by the governor under the pro- 
visions of sections fifty-six to fifty-nine, 
inclusive, of chapter thirty-two of the 
Greneral Laws ..... 



$12,000 00 



The Following Appkopriations are payable from the Highway 
Fund: 

Service of the Department of Public Works. 

2900-18 For aiding cities and towns in the repair and 
improvement of public ways, as provided 
by section twenty-six of chapter eighty- 
one of the General Laws; except that the 
state's contribution shall be at an annual 
rate not to exceed two hundred and 
seventy-five dollars per mile for the calen- 
dar year nineteen hundred and fifty-one, 
the provisions of chapter six hmidred and 
eighty-nine of the acts of nineteen hundred 
and forty-five and chapter seven hundred 
and six of the acts of nineteen hundred 
and forty-nine notwithstanding; and, pro- 
vided that the amount appropriated for 
the purpose in any fiscal year shall be avail- 
able for expenditure in the succeeding fiscal 
year $10,000 00 



Special : 

2900^3 For certain work to alleviate traffic conges- 
tion on streets near the state house, as au- 
thorized by chapter five hundred and 
eighty-four of the acts of nineteen hundred 
and fifty; provided, that the comptroller 
shall transfer to the Highway Fund the 
sum of twenty thousand dollars from the 
General Fund ..... 

2932-01 Item 2932-01 of section two of chapter five 
hundred and eighty of the acts of nineteen 
hundred and fifty is hereby amended in 
line thirteen and of section two of chapter 
eight hundred and twenty-five of the acts 
of nineteen hundred and fifty is hereby 
amended in line twelve by inserting after 
the word "Commission" the word: — 
Park. 

Interest on the Public Debt. 

2951-00 For the payment of interest on the direct 
debt of the commonwealth, for the year 
nineteen hundred and fifty-one and previ- 



4,500 00 



Acts, 1951. — Chap. 336. 247 



ous years, to be in addition to the amounts 
appropriated in items 2410-00, 3180-02 
and 3590-02 and to be in addition to any 
amounts heretofore appropriated for the 
purpose $202,500 00 

Service of the Department of Public Safety. 
Special : 
2970-15 The unexpended balance remaining in ap- 
propriation item 2970-15 of section two of 
chapter three hundred and seven of the 
acts of nineteen hundred and forty-nine is 
hereby reappropriated and made available 
for expenditure for the fiscal years nine- 
teen hundred and fifty-two and nineteen 
hundred and fifty-three. 



The Following Appropriation is made from the Pqrt of Boston 
Fund: 

Service of the Port of Boston Authority. 

3150-01 Item 3150-01 of chapter five hundred and 
eighty of the acts of nineteen hundred and 
fifty as amended by chapter eight hundred 
and twenty-five of the acts of nineteen 
hundred and fifty is hereby further 
amended in line eleven by adding after 
the word "appointed " the words: — ; and, 
provided further, that a certain contribu- 
tion from the city of Quincy may be ex- 
pended under this item without appro- 
priation. 



The Following Appropriations are payable from the VETERAN^ 
Services Fund: 

Service of the Adjutant General. 
Special: 
3504-01 The unexpended balance remaining in item 
3504-01 of section two of chapter three 
hundred and eight of the acts of nineteen 
hundred and forty-nine is hereby reappro- 
priated. 

Special : 
3504-02 The unexpended balance remaining in item 
3504-02 of section two of chapter three 
hundred and eight of the acts of nineteen 
hundred and forty-nine is hereby reappro- 
priated. 

Service of the Commissioner of Veterans' Services. 

3504-53 \ From the amount appropriated in item 3504- 
3504-52 / 53 of section two of chapters five hundred 
and eighty and eight hundred and twenty- 
five of the acts of nineteen hundred and 
fifty the sum of eighty-seven thousand 
seven hundred and sixty-one dollars is 
hereby transferred and made available for 
the purposes of item 3504-52 of said chap- 
ters five hundred and eighty and eight 
hundred and twenty-five. 



248 Acts, 1951. — Chap. 336. 

Metropolitan District Commission Funds. 
Item 

8602-99 ] Item 8602-99 of section two of chapter eight 
8802-30 J hundred and twenty-five of the acts of nine- 
teen hundred and fifty is hereby amended 
in line one by striking out the appropriation 
item number "8602-99" and inserting in 
place thereof the appropriation item num- 
ber: — 8802-30; and said item 8602-99 is 
hereby further amended in lines six and 
seven by striking out the words "to be 
assessed as part of the cost of maintenance 
of parks reservations". 
8902-00 Item 8902-00 of section two of chapters five 
hundred and eighty and eight hundred and 
twenty-five of the acts of nineteen hundred 
and fifty is hereby amended in line four by 
adding after the word "Laws" the words: 
— , and including the amount of sixty-nine 
dollars and five cents authorized by the 
attorney general to be charged oif as un- 
collectible. 
9104-01 \The comptroller is hereby authorized and 
7962-14 / directed to transfer from item 9104-01, 
metropolitan district commission addi- 
tional water construction bond fund, as 
authorized by chapters three hundred and 
seventy-five of the acts of nineteen hundred 
and twenty-six, three hundred and twenty- 
one of the acts of nineteen hundred and 
twenty-seven, and five hundred and fifteen 
of the acts of nineteen hundred and forty- 
six, as most recently amended, the sum of 
fifteen thousand dollars, to be available for 
expenditure under item 7962-14, highway 
improvement loan, acts of nineteen hun- 
dred and forty-nine, as authorized by sec- 
tion six of chapter three hundred and six of 
the acts of nineteen hundred and forty-nine, 
in order to reimburse said item 7962-14 for 
a charge resulting from the installation of a 
certain water line under the jurisdiction of 
the metropolitan district commission. 

Section 3. No payment shall be made or obligation in- 
curred under authority of any special appropriation made 
by this act for construction of public buildings or other im- 
provements at state institutions until plans and specifications 
have been approved by the governor, unless otherwise pro- 
vided by such mles and regulations as the governor may 
make. 

Section 4. No moneys appropriated under this act shall 
be expended for reimbursement for the expenses of meals 
for persons while traveling within the commonwealth at the 
expense thereof, unless such reimbursement is in accordance 
with rules and rates which are hereby authorized to be es- 
tablished from time to time by the commission on adminis- 
tration and finance. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed six cents a mile. 



Acts, 1951. — Chap. 337. 249 

Section 6. Amounts included for permanent positions 
in sums appropriated in section two for personal services 
are based upon schedules of permanent positions and salary 
rates as approved by the joint committee on ways and 
means, and, except as otherwise shown by the files of said 
committee, a copy of which shall be deposited with the divi- 
sion of personnel and standardization, no part of sums so 
appropriated in section two shall be available for payment 
of salaries of any additional permanent positions, or for 
payments on account of reallocations of permanent posi- 
tions, or for payments on account of any change of salarj'- 
range or compensation of any permanent position, notwith- 
standing any special or general act to the contrary. 

Section 7. In addition to the payment of regular sal- 
aries, sums appropriated for personal services in the fiscal 
year nineteen hundred and fifty-one shall be available for 
the payment of such other forms of compensation as may be 
due under existing statutes, or under the pro\'isions of rules 
and regulations made in accordance with said statutes. 

Section 8. Notwithstanding the provisions of section 
twenty-four A of chapter thirty of the General Laws, no 
moneys appropriated under this act shall be expended for 
the payment of holiday pay, so called, to elected officers, 
appointees of the governor, heads of departments and divi- 
sions or heads of educational or custodial institutions. 

Section 9. All federal subventions and grants available 
to the commonwealth under any act of Congress and not 
otherwise authorized to be received shall be paid into the 
treasury of the commonwealth; provided, however, that 
apphcations 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 appropria- 
tion if such expenditures are otherwise in accordance with 
law. All income, including federal subventions and grants, 
received by the commonwealth from or on account of vet- 
erans in payment for veterans' services, shall be credited to 
the veterans' services fund. 

Section 10. This act shall take effect upon its passage. 

Approved May 23, 1961. 

An Act authorizing the town of framingham to use (^Ikit) 337 
a certain sum of money for the purpose of laying 
and relaying water mains of less than sixteen inches. 

Be it enacted, etc., as follows: 

Section 1. The town of Framingham is hereby author- 
ized to use, without further appropriation by the town, for 
the purposes of laying and relaying water mains of less than 
sixteen inches in diameter, one hundred and ten thousand 
dollars from the balance of three hundred and forty thou- 
sand dollars from the proceeds of a loan dated July first, 



250 Acts, 1951. — Chaps. 338, 339, 340. 

nineteen hundred and forty-nine, issued for the purpose of 
laying and relaying water mains of not less than sixteen 
inches in diameter, notwithstanding the provisions of sec- 
tion eight of chapter forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved May 25, 1951. 

Chap. SSS An Act relative to certain elected public officials 

IN THE ARMED FORCES OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Chapter 803 of the acts of 1950 is hereby amended by 
striking out section 10 and inserting in place thereof the 
following section: — Section 10. The term "elected officer", 
as used in this act, shall mean an officer elected by and from 
all the voters of the commonwealth, a county, city, town 
or district, respectively, and shall include a member of a 
body, board or commission, and shall also mean an officer 
elected by and from all the voters of a ward in a city to the 
board of aldermen, common council or city council. 

Approved May 25, 1951. 

C hap. SS9 An Act changing the name of eastern edison electric 
company, inc. to eastern edison company. 

Be it enacted, etc., as follows: 

The name of Eastern Edison Electric Company, Inc., a 
Massachusetts corporation incorporated under general law 
on February sixteenth, nineteen hundred and fifty-one, with 
power to carry on the business of an electric company in the 
commonwealth of Massachusetts and to own the stock and 
other securities of Blackstone Valley Gas and Electric Com- 
pany, a Rhode Island corporation, is hereby changed to 
Eastern Edison Company, which corporation shall have said 
powers. Approved May 25, 1951. 

Chap.S^O An Act authorizing the city of lynn to sell certain 
playground land in the rear of conomo avenue in 
said city. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authorities, 
may sell, transfer and convey to Richard E. Hawkes and 
Alva L. Hawkes, husband and wife, of said city, twenty-two 
hundred and fifty square feet of land, more or less, heretofore 
acquired by said city for playground purposes, bounded and 
described as follows : — Beginning at a point on the division 
line between land of the city of Lynn (library lot) and land 
of the city of Lynn (playground) a distance of one hundred 
and fifty-nine and seventy hundredths feet easterly from 
Broadway, marked by a stone monument, the land is 
bounded: northerly by other land of the city of Lynn a 



Acts, 1951. — Chap. 341. 251 

distance of seventy-five feet; easterly by land of the city of 
Lynn (schoolhouse lot) a distance of thirty feet; southerly 
by land of the city of Lynn (playground lot) a distance of 
seventy-five feet; westerly by land of the city of Lynn 
(playground lot) a distance of thirty feet; containing twenty- 
two hundred and fifty square feet, more or less, and shown 
on plan entitled, "Subdivision Plan of Land, Lynn, Massa- 
chusetts, Being a Subdivision of Lot 2B Shown on Land 
Court Plan 12562 A," dated April thirteen, nineteen hundred 
and fifty-one, signed by Frank E. Gowdy, City Engineer, 
and on file in the office of said City Engineer. 

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 May 25, 1951. 



An Act providing for the establishment of a right of 

WAY for public ACCESS TO FIVE MILE POND IN THE CITY 
OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden 
county are hereby authorized and directed to lay out a right 
of way for public access to Five Mile Pond in the city of 
Springfield, in accordance with plans to be approved by the 
department of public works and showing the location and 
dimensions of such right of way. If it is necessary to acquire 
land for the purpose of laying out such right of way, said 
county commissioners shall at the time such right of way is 
laid out take such land by eminent domain under chapter 
seventy-nine of the General Laws. Any person sustaining 
damages in his property by the laying out of such right of 
way, or by specific repairs or improvements thereon, shall be 
entitled to recover the same under said chapter seventy- 
nine; provided, that the right to recover damages, if any, 
by reason of the laying out of such right of way, shall vest 
upon the recording of the order of taking by said county 
commissioners, and that no entry or possession for the pur- 
pose of constructing a public way on land so taken shall be 
required for the purpose of validating such taking or for the 
payment of damages by reason thereof. 

Section 2. The city of Springfield, from time to time, 
may make specific repairs on or improve such right of way 
to such extent as it may deem necessary, but neither the 
county of Hampden nor any city or town therein shall be 
required to keep such right of way in repair, nor shall they 
be liable for injurj^ sustained by persons traveling thereon; 
provided, that sufficient notice to warn the public is posted 
where such way enters upon or unites with an existing pub- 
lic way. 

Section 3. All expenses incurred by said county com- 
missioners in connection with such right of way shall be 



ChapMl 



252 Acts, 1951. — Chap. 342. 

borne by the county of Hampden, or by such cities and towns 
therein, and in such proportions, as said county 'commis- 
sioners may determine. 

Section 4. Said right of way shall not be discontinued 
or abandoned without authority therefor from the general 
court. 

Section 5. Nothing in this act shall be construed to 
limit the powers of the department of public health, or of 
any local board of health, under any general or special law. 

Approved May 25, 1951. 

Chap.S42 An Act providing for the establishment of a right of 

WAY FOR PUBLIC ACCESS TO LAKE LORRAINE IN THE CITY 
OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden 
county are hereby authorized and directed to lay out a right 
of way for pubHc access to Lake Lorraine in the city of 
Springfield, in accordance with plans to be approved by the 
department of public works and showing the location and 
dimensions of such right of way. If it is necessary to ac- 
quire land for the purpose of laying out such right of way, 
said county commissioners shall at the time such right of 
way is laid out take such land by eminent domain under 
chapter seventy-nine of the General Laws. Any person 
sustaining damages in his property by the laying out of 
such right of way, or by specific repairs or improvements 
thereon, shall be entitled to recover the same under said 
chapter seventy-nine; provided, that the right to recover 
damages, if any, by reason of the laying out of such right of 
way, shall vest upon the recording of the order of taking by 
said county commissioners, and that no entry or possession 
for the purpose of constructing a public way on land so taken 
shall be required for the purpose of validating such taking 
or for the payment of damages by reason thereof. 

Section 2. The city of Springfield, from time to time, 
may make specific repairs on or improve such right of way 
to such extent as it may deem necessary, but neither the 
county of Hampden nor any city or town therein shall be 
required to keep such right of way in repair, nor shall they 
be liable for injury sustained by persons traveling thereon; 
provided, that sufficient notice to warn the public is posted 
where such way enters upon or unites with an existing pub- 
lic way. 

Section 3. All expenses incurred by said county com- 
missioners in connection with such right of way shall be 
borne by the county of Hampden, or by such cities and towns 
therein, and in such proportions, as said county commis- 
sioners may determine. 

Section 4. Said right of way shall not be discontinued 
or abandoned without authority therefor from the general 
court. 



Acts, 1951. — Chap. 343. 253 

Section 5. Nothing in this act shall be construed to 
limit the powers of the department of public health, or of 
any local board of health, under any general or special law. 

Approved May 25, 1951. 



An Act providing for the establishment of a right 
of way for public access to loon pond in the city 
of springfield. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden 
county are hereby authorized and directed to lay out a 
right of way for public access to Loon pond in the city of 
Springfield, in accordance with plans to be approved by the 
department of public works and showing the location and 
dimensions of such right of way. If it is necessary to acquire 
land for the purpose of laying out such right of way, said 
county commissioners shall at the time such right of way 
is laid out take such land by eminent domain under chapter 
seventy-nine of the General Laws. Any person sustaining 
damages in his property by the laying out of such right of 
way, or by specific repairs or improvements thereon, shall 
be entitled to recover the same under said chapter seventy- 
nine; provided, that the right to recover damages, if any, 
by reason of the laying out of such right of way, shall vest 
upon the recording of the order of taking by said county 
commissioners and that no entry or possession for the pur- 
pose of constructing a public way on land so taken shall be 
required for the purpose of validating such taking or for 
the payment of damages by reason thereof. 

Section 2. The city of Springfield, from time to time, 
may make specific repairs on or improve such right of way 
to such extent as it may deem necessary, but neither the 
county of Hampden nor any city or town therein shall be 
required to keep such right of way in repair, nor shall they 
be hable for injury sustained by persons traveling thereon; 
provided, that sufficient notice to warn the public is posted 
where such way enters upon or unites with an existing 
public way. 

Section 3. All expenses incurred by said county com- 
missioners in connection with such right of way shall be 
borne by the county of Hampden, or by such cities and towns 
therein, and in such proportions, as said county commis- 
sioners may determine. 

Section 4. Said right of way shall not be discontinued 
or abandoned without authority therefor from the general 
court. 

Section 5. Nothing in this act shall be construed to 
limit the powers of the department of public health, or of 
any local board of health, under any general or special law. 

Approved May 25, 1951. 



Chap. 3^3 



254 Acts, 1951. — Chaps. 344, 345, 346. 



C/iap. 344 An Act providing for the weighing of motor vehicles 

AND trailers. 

Be it enacted, etc., as follows: 

G^L.^Ter. Section 19A of chapter 90 of the General Laws, inserted 

§ 19A, etc., by section 1 of chapter 397 of the acts of 1946, is hereby 

amended. amended by adding at the end the following paragraph: — 

Weighing of Every operator of a motor vehicle operated on a way 

vehicles and shall, upon requcst or direction of any officer authorized to 

trailers. enforcc the provisions of this chapter, operate such motor 

vehicle with any trailer which may be attached thereto to 

and upon the nearest scales within a distance of not more 

than three miles and permit the weighing thereof together 

with its load. Whenever such vehicle has been so weighed 

and is found to weigh in excess of the limits provided by 

this chapter, no person shall further operate it upon a way 

unless the gross weight shall have been reduced to comply 

with said limits by removal of the excess weight. 

Approved May 25, 1951. 

Chap. 345 An Act providing for the licensing of shooting gal- 
leries. 

Be it enacted, etc.. as follows: 
G^L. (Ter. Chapter 140 of the General Laws is hereby amended by 

new'§56A, inserting after section 56 the following section: — Section 
added. 56 A. The licensing authorities of any city or town may 

conduct shoot- grant and may suspend or revoke at pleasure a license to 
inggaiienes. couduct a shootiug gallery upon such terms and conditions 
as they deem proper. Before the granting of a license here- 
under, the applicant for the license shall file with the clerk 
of such city or town, a bond running to the city or town, 
with sureties approved by the treasurer thereof, for such 
penal sum, not exceeding five thousand dollars, as the 
licensing authority granting the license shall determine to be 
necessary, such bond to be conditioned upon the payment of 
any loss, damage or injury resulting to persons or property 
by reason of the conduct of such shooting gallery. The 
term "shooting gallery", as used in this section, shall mean 
a public resort equipped with appliances for target shooting. 
Licenses issued hereunder shall expire on May first following 
the date of issue. The fee for each original license shall be 
five dollars and for each renewal thereof two dollars. Who- 
ever conducts a shooting gallery unless licensed hereunder 
shall be punished by a fine of not more than one hundred 
dollars. Approved May 25, 1951. 

Chap. 34:6 ^^ Act providing for a five day week for members of 
the police forces in certain cities and towns. 

pr?ambre°^ Whcveas, The deferred operation of this act would tend to 

defeat its purpose, which in part is to make its provisions 
effective without delay, therefore it is hereby declared to be 



Acts, 1951.— Chap. 346. 255 

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

Be it enacted, etc., as follows: 

Section 1. Chapter 147 of the General Laws is hereby aL. (Ter. 
amended by inserting after section 16B, inserted by sec- new §\^6C, 
tion 2 of chapter 426 of the acts of 1938, the following sec- ^^^^^ 
tion: — Section 16C. Members of the police department of ^'J^^^lor 
every city or town which accepts this section by vote of the police in 
city council, subject to the provisions of the charter, or by and'towns!^^ 
vote of the town at an annual town meeting, as the case 
may be, or, if said city council or town fails to accept this 
section, by vote of the voters thereof as hereinafter provided, 
shall be excused from duty for two days out of every seven 
without loss of pay. 

Upon petition of not less than ten per cent of the regis- Question to 
tered voters in a city or to-wn, duly certified by the registrars ^° °" 
of voters and filed -with the city or town clerk not less than 
thirty days before the regular municipal election of such 
city in any year, or before the annual town election of such 
town in any year, or if such petition is filed with the state 
secretary not less than ninety days before a biennial state 
election, the city or town clerk or the state secretary, as the 
case may be, shall cause to be printed upon the official ballot 
to be used in such city or town at such election the follow- 
ing question: — "Shall the city (or town) accept the pro- 
visions of section sixteen C of chapter one hundred and 
forty-seven of the General Laws providing for 
a five day week for members of the police forces 
in cities and towns? ". If a majority of the votes 
in answer to said question in any city or town is in the affirma- 
tive, this section shall take full effect therein, but not other- 
wise. 

Section 2. Section 17 of said chapter 147, as amended by g. l. (Xer. 
section 3 of said chapter 426 of the acts of 1938, is hereby f^jiltli 
further amended by striking out, in line 3, the word "five" amended.' 
and inserting in place thereof the word: — six, — and by in- 
serting after the words "sixteen B", in line 23, the words: — 
, or one hundred and four in each year in a town subject to 
section sixteen C, — so as to read as follows: — Section 17. General 
The time and manner of excusing members of police depart- p'"°'''^'°°* 
ments from duty in any town subject to any of the six pre- 
ceding sections shall be determined by the chief, superin- 
tendent or other officer or board at the head of the pohce 
department. A member so excused shall be exempt from 
duty and from attendance at a poUce station or other place, 
but otherwise shall be subject to all laws, rules and regula- 
tions relating to members of the department to which he 
belongs. The chief, superintendent or other officer or board 
at the head of the police department of any such town may, 
in case of any public emergency, or of any unusual demand 
for the services of the police in that town, prevent any mem- 
ber of the department from taking the day off at the time 



YES. 
NOT 







256 Acts, 1951. — Chap. 347. 

when he is entitled thereto, or at the time assigned therefor, 
provided that such day off shall be granted to him as soon 
thereafter as is practicable. In no case shall the number of 
such days off be less than twelve in each year in a town sub- 
ject to section fourteen, or twenty-four in each year in a 
town subject to section fifteen, or forty-five in each year in 
a town subject to section sixteen, or fifty-two in each year 
in a town subject to section sixteen A, or sixty in each year 
in a town subject to section sixteen B, or one hundred and 
four in each year in a town subject to section sixteen C, and 
they shall be in addition to any annual vacation now or 
hereafter allowed to members of the said departments, and 
such annual vacation shall not be diminished on account 
thereof. Approved May 28, 1951. 



Chap.S47 An Act extending the time for filing applications 

FOR ABATEMENT OF, AND EXEMPTION FROM, TAXES, AND 
APPEALS TO THE APPELLATE TAX BOARD, IN RESPECT TO 
CERTAIN PROPERTIES. 

prTambi^^* WherBtts, The deferred operation of this act would tend 

to defeat its purpose, which in part is to provide that the 
authority granted thereby may be exercised 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: 

In respect to properties involved in the case of Knights 
of Columbus Religious, Educational, Charitable and Be- 
nevolent Association of Worcester v. Board of Assessors of 
Worcester, now pending before the appellate tax board 
under Docket No. 28216, an application for abatement of, 
or exemption from, taxes assessed for years subsequent to 
those involved in said appeal, and in the case of The Master, 
Wardens and Members of the Grand Lodge of Masons in 
Massachusetts v. Board of Assessors of Boston, now pending 
before said appellate tax board under Docket No. 27255, 
an appeal for the abatement of, and exemption from, the 
tax to said board, by filing a petition or petitions with said 
board for years subsequent to those involved in said appeal, 
may be filed within thirty days from the date of the final 
determination of said appeal or appeals by said board or the 
supreme judicial court, respectively, in each case with the 
same validity and effect as if filed seasonably pursuant to the 
provisions of sections fifty-nine, sLxty-four and sixty-five of 
chapter fifty-nine of the General Laws; provided, that the 
same shall be filed not later than three years after the 
effective date of this act. Approved May 28, 1951. 



Acts, 1951.— Chaps. 348, 349. 257 

An Act authorizing the town of Manchester to borrow (7/^^79.348 
money for school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing funds for an 
enlargement of a school building now under construction, the 
town of Manchester may borrow, from time to time within 
a period of five years from the passage of this act, such sums 
as may be necessary not exceeding in the aggregate three 
hundred thousand dollars, and may issue bonds or notes 
therefor which shall bear on their face the words, Manchester 
School Building Enlargement Loan, Act of 1951. Each au- 
thorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in ex- 
cess of the statutory limit, but shall, except as herein pro- 
vided, 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 be submitted for acceptance to 
the voters of said town at any town meeting held within 
three years after its passage in the form of the following 
question which shall be placed on the official ballot for the 
election of town officers if action is to be taken at an annual 
town meeting, or on a printed ballot to be used in connection 
with the voting list if action is taken at a special town meet- 
ing: — "Shall an act passed by the general court in the year 
nineteen hundred and fifty-one, entitled, 'An Act authoriz- 
ing the town of Manchester to borrow money for school 
purposes', be accepted?" If a majority of the votes in an- 
swer to said question is in the affirmative, this act shall there- 
upon take full effect, but not otherwise. 

Approved May 28, 1951. 

An Act providing for the extension of the boundaries Chan. 3^9 

OF THE north DIGHTON FIRE DISTRICT IN THE TOWN OF ^ 
DIGHTON. 

Re it enacted, etc., as follows. ■ 

Section 1. Chapter 671 of the acts of 1912 is hereby 
amended by inserting after section 1 the following section: — 
Section lA. Upon a petition in writing addressed to the 
prudential committee requesting that certain real estate ac- 
curately described therein, located in the town of Dighton, 
bounded and described as follows, to wit : — beginning in 
the westerly line of Forest street, at the boundary line be- 
tween the town of Dighton and the city of Taunton ; thence 
westerly by said boundary line three hundred feet from the 
westerly line of Forest street to a corner; thence by a line 
three hundred feet westerly from the westerly line of said 
Forest street and parallel thereto proceeding southwesterly 
to a corner on the boundary of the Dighton AVater District 



258 Acts, 1951.— Chaps. 350, 351. 

and thence easterly by said boundary of the Dighton Water 
District to the southwest corner of the present North 
Dighton Fire District in the Town of Dighton, which is four 
hundred feet west of the westerly line of Lincoln avenue; 
thence in a general northerly and northwesterly direction, 
bounded easterly, northerly and easterly by the present North 
Dighton Fire District in the Town of Dighton to the point 
of beginning, — and abutting on said district and not other- 
wise served by a public water supply, be included within the 
limits thereof of said North Dighton Fire District in the 
Town of Dighton, and signed by the owners of said real 
estate, or a major portion of such real estate, said prudential 
committee shall cause a duly warned meeting of the fire dis- 
trict 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 the town of Dighton and with the 
state secretary an attested copy of said petition and vote; 
and thereupon, said real estate shall become and be a 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 31, 1951. 

Chap. 350 An Act relative to the retirement rights of cer- 
tain DIRECTORS AND DEPUTY DIRECTORS OF VETERANS' 
SERVICES. 

Be it enacted, etc., as follows: 

Notwithstanding any provisions of law to the contrary, 
any person who serves two or more cities or towns as the 
director or deputy director of veterans' services shall be 
entitled to become a member of the county retirement 
system of the county in which the largest town which he 
serves is located. Approved May 31, 1951. 

Chav.351 An Act authorizing the retirement by the town of 

WINTHROP OF certain CALL MEMBERS OF ITS FIRE DE- 
PARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Winthrop are 
hereby authorized to retire from active service every call 
fireman in the fire department of said town who, prior to 
the effective date of this act has attained, or thereafter shall 
attain, the age of sixty-five; provided, that such call fireman 
has served in said department at least thirty-five years and 
is not ehgible for retirement under any other provision of 
law. Every call fireman so retired shall annually receive 
from said town a pension at such rate, not exceeding two 
hundred and fifty dollars, as the town may authorize. 



Acts, 1951. — Chaps. 352, 353. 259 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Winthrop voting thereon at a regular or special town 
meeting, but not otherwise. Approved May 31, 1951. 

An Act increasing the penalty for violating certain C}iav.^b2 

ORDINANCES AND BY-LAWS PROHIBITING OR REGULATING 
THE REMOVAL OF SOIL, LOAM, SAND AND GRAVEL. 

Be it enacted, etc., as follows: 

Paragraph (17) of section 21 of chapter 40 of the General Ed.)', 40.1'2i, 
Laws, inserted by chapter 98 of the acts of 1949, is hereby etc, 'amended'. 
amended by adding at the end the follomng sentence : — 
The penalty for violation of any ordinance or by-law made Penalty. 
hereunder shall be as follows: — for the first offence, fifty 
dollars ; for the second offence, one hundred dollars ; and for 
each subsequent offence, two hundred dollars. 

Approved May 31, 1951. 

An Act relative to the use of firearms. Chav 353 

Be it enacted, etc., as folio ws: 

Chapter 131 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 85 the following three sections: — nfw'§r85A, 
Section 85 A . Whoever uses any firearm, bow and arrow or ^dded"'* ^^^' 
other weapon in a careless or negligent manner so as to cause penalty for 
bodily injury to another while engaged in hunting, target by'^^Jg/i^Mt' 
practice or other field sport, shall be punished by a fine of use of fire- 
not more than five hundred dollars or by imprisonment for '"■'"^' ''^'^ 
not more than sixty days, or both. Any person causing in- 
jury or death to any other person by reason of the use of 
any firearm, bow and arrow or other weapon and any per- 
son having knowledge of such injury or death shall immedi- 
ately report the same to the state or local police who shall 
in turn submit a copy of such report to the division of law 
enforcement. 

Any person convicted of any violation of the first sentence 
of this section or any person failing to make the report re- 
quired by this section who is the holder of any hunting or 
sporting license issued under the provisions of this chapter 
shall forthwith lose any rights thereunder, and said license 
shall be surrendered to any officer empowered to enforce the 
provisions of this chapter and no other hunting or sporting 
license shall be granted to him for a period of five years. 

Section 85B. Whoever uses any firearm, bow and arrow Penalty for 
or other weapon or article in a careless or negligent manner Samage^y 
so as to cause damage to property or livestock of another, "f|'j.^|r^g^^ 
or commits any act of vandalism while so engaged in hunt- ° 
ing, fishing, trapping or target practice shall be punished by 
a fine of not more than one hundred dollars or by imprison- 
ment for not more than thirty days, or both, and shall be 
liable in tort to the owner for loss of such property for the 



260 Acts, 1951. — Chaps. 354, 355. 

amount of the damage, which may be in addition to any 
other penalty imposed by any other provision of law. 
?ee?*s^eMon Section 85C . Whoever during the open season on deer 

shaiiwear hunts or euters the woodlands or fields of the commonwealth 
""^^^ for the purpose of hunting shall wear on his head or about 

his shoulders or back some form of clothing the color of 
which shall be red or upon such clothing shall affix in a con- 
spicuous manner a material the color of which shall be red. 
Any violation of any provision of this section shall be pun- 
ished by a fine of not less than ten nor more than fifty dollars. 

Approved May 31, 1961. 

Chap.S54: An Act designating the boston central artery to be 

CONSTRUCTED UNDER THE ACCELERATED HIGHWAY PRO- 
GRAM AS THE JOHN F. FITZGERALD EXPRESSWAY, 

Be it enacted, etc., as follows: 

Section 1. The Boston Central Artery, so called, to be 
constructed by the commonwealth under the accelerated 
highway program, shall be known and designated as the 
John F. Fitzgerald Expressway, and suitable markers bear- 
ing said designation shall be erected along said artery by the 
state department of public works. 

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

Approved June 7, 1951. 

Chap.S55 An Act authorizing insurance companies to invest 

in the securities of the corporation CONTRACTING 
FOR THE CONSTRUCTION AND OPERATION OF A GARAGE 
UNDER BOSTON COMMON. 

^rTam^iT"^ ^hcreas. The deferred operation of this act would tend 

to defeat its purpose, which is to abate the serious traffic 
congestion in the streets of the city of Boston by the con- 
struction and maintenance of a garage under Boston Com- 
mon, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public safety 
and convenience. 

Be it enacted, etc., as follows: 

Chapter 294 of the acts of 1946 is hereby , amended by 
inserting after section 2B, inserted by section 1 of chapter 
654 of the acts of 1948, the following section: — Section 2C. 
Any general or special law to the contrary notwithstanding, 
any insurance company authorized to do business within the 
commonwealth may invest its reserve in an amount not 
exceeding one fourth of one per cent of its invested assets, 
including cash in banks, as shown by its latest annual state- 
ment filed with the commissioner of insurance, in the bonds, 
notes or other obligations, whether or not primarily or sub- 
stantially revenue obligations, payable solely from revenues, 
of the private corporation mentioned herein, when such 
bonds, notes or other obligations are secured by a mortgage 



Acts, 1951. — Chaps. 356, 357. 261 

or assignment of the leasehold authorized herein, or of all 
but the last day of the term thereof, and when said leasehold 
is for a terra of not less than forty years. The provisions of 
sections sixty-three and sixty-five of chapter one hundred and 
seventy-five of the General Laws shall not be deemed to 
prohibit any such company from making any investment 
under the authority of and in compliance with this section. 

Approved June 7, 1951. 



Ax Act authorizing the town of Lincoln to borrow Chav.d5& 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing an addition to the elementary 
school, the town of Lincoln 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 thousand dollars, and may 
issue bonds or notes of the town therefor which shall bear on 
their face the words, Lincoln School Loan, Act of 1951. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twenty years from their 
dates. Indebtedness incurred under this act shall be in ex- 
cess of the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws 
exclusive of the limitation contained in the first paragraph 
of section seven thereof. 

Section 2. Any action taken at any town meeting within 
the current year relative to the incurrence of indebtedness for 
the purposes of this act shall be as valid as though this act 
were already in force and effect at the time the warrant for 
such meeting was posted. 

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

Approved June 7, 1951. 



An Act increasing the amount of money which the 
town of lunenburg may borrow for school pur- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 283 of the acts of 1949 
is hereby amended by striking out, in line 5, the word "two" 
and inserting in place thereof the word : — five, — so as to 
read as follows: — Section 1. For the purpose of construct- 
ing and originally equipping and furnishing a new school 
building, the town of Lunenburg may borrow, from time to 
time, within a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding, in the 
aggregate, five hundred and fifty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Lunenburg School Building Loan, Act of 1949. 



Chap.S57 



262 Acts, 1951. — Chaps. 358, 359. 

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 June 7, 1951. 

Chap. 358 An Act increasing the amount of money which the 

CITY OF LYNN MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 75 of the acts of 1950 is 
hereby amended by striking out, in line 8, the words "two 
and a half million" and inserting in place thereof the words: 
— four million, eight hundred and fifty thousand, — so as 
to read as follows : — Section 1 . For the purpose of acquir- 
ing land for and constructing school buildings and an addition 
to the Pickering junior high school building, and originally 
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, four million, eight hundred and fifty thousand 
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. Indebtedness incurred under this act shall be in 
excess of the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws, 
including the limitation contained in the first paragraph of 
section seven thereof. 

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

Approved June 7, 1951. 

Chap.S59 An Act authorizing the city of lynn to borrow money 

FOR THE PURPOSE OF REMODELING AND RECONSTRUCTING 
PICKERING JUNIOR HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling and recon- 
structing, including the installation of new plumbing, heat- 
ing, ventilating and fighting equipment and fixtures, in the 
existing Pickering junior high school, to co-ordinate the same 
with and form part of the new Pickering elementary school 
and Pickering junior high school addition, the city of Lynn 
may borrow from time to time, during the current year, such 
sums as may be necessary, not exceeding, in the aggregate, 
four hundred and fifty thousand dollars, and may issue bonds 



Acts, 1951. — Chap. 360. 263 

or notes therefor, which shall bear on their face the words, 
City of LjTin Remodeling and Reconstruction Loan, Act of 
1951. Each authorized issue shall constitute a separate loan, 
and such loans shall be paid in not more than five years from 
their dates. No loan shall be authorized under this act unless 
a sum equal to an amount not less than ten per cent of the 
loan so authorized is voted for the same purpose to be pro- 
vided from taxation or available revenue funds in the year 
when authorized. Indebtedness incurred under authority 
of this act shall be in excess of the statutory limit but shall, 
except as provided herein, be subject to the applicable pro- 
visions of chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved June 7, 1951. 



An Act relative to violations of laws relating to 
marine fish and fisheries or of rules and regula- 



TIONS made under authority THEREOF. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make available at once the p'^eambic. 
authority granted therein, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 2 of chapter 130 of the General Laws is hereby g. l. (Ter. 
amended by striking out the second paragraph, as most ftc'^'ameiJed 
recently amended bj^ section 1 of chapter 628 of the acts of " 
1950, and inserting in place thereof the following para- 
graph : — 

Unless otherwise specifically provided by law, every license, suspended 
permit or certificate, issued under any provision of this chap- ''censes. 
ter or any other provisions of law relating to marine fish and 
fisheries or of any rules and regulations made under authority 
thereof, held by any person convicted of a violation of any 
of the laws relating to marine fish and fisheries or any rule or 
regulation made under authority thereof by a court of com- 
petent jurisdiction, shall be suspended and inoperative for 
one month for the first offence, three months for the second 
offence, and for one year for any subsequent offence. All 
suspended or void licenses, permits or certificates shall be 
surrendered forthwith to any officer authorized to enforce 
the laws relating to marine fish and fisheries. No person 
whose license, permit or certificate has become suspended or 
void shall be given a new license, permit or certificate under 
authority of any provision of law relating to marine fish and 
fisheries during the period of suspension, and any license, 
permit or certificate so issued shall also be void and shall be 
surrendered forthwith on demand of any officer authorized 
to enforce the laws relating to marine fish and fisheries. No 



for violation 
of laws 



264 Acts, 1951.— Chaps. 361, 362. 

fee received for a license, permit or certificate suspended or 
Boats and made void under this section shall be refunded. All traps, 
imp'oSifded^ trawls, pots, buovs, Hues, boats or other fishing gear used in 
violation of the laws relating to lobsters may be impounded 
by the division of law enforcement for a period of not less 
than thirty days nor more than one year from and after the 
date on which the owner, lessee or person in possession of such 
traps, trawls, pots, buoys, lines, boats or other fishing gear 
is convicted of such violation; provided, nevertheless, that 
no license, permit or certificate shall become suspended or 
inoperative hereunder in any case where the court has ac- 
cepted a plea of nolo contendere by the party accused. 

Approved June 7, 1951. 



Chap.'^%\ An Act providing that certain sewerage bonds may be 

ISSUED BY THE CITY OF WORCESTER PRIOR TO JANUARY 
FIRST, NINETEEN HUNDRED AND FIFTY-THREE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 407 of the acts of 1946, as amended 
by chapter 537 of the acts of 1947, is hereby further amended 
by inserting after section 1 the following section : — Sec- 
tion lA. The bonds of the city of Worcester authorized by 
section one may be issued at any time prior to January first, 
nineteen hundred and fifty-three, and the purposes thereof 
shall be deemed to include the construction of tide traps, 
pumping stations and force mains. 

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

Approved June 7, 1951. 



Chav.3Q2 An Act designating the new admissions building at 

THE GARDNER STATE HOSPITAL AS THOMPSON HALL. 

Be it enacted, etc., as follows: 

Section 1. The new admissions building at the Gardner 
state hospital shall be known and designated as Thompson 
Hall as a tribute to Dr. Charles E. Thompson who retired 
from the service of the commonwealth on January thirty- 
first in the year nineteen hundred and forty-nine after serving 
more than forty years as superintendent of said hospital. 
The commissioner of mental health shall cause a suitable 
tablet bearing said designation and commemorating said 
service to be placed in said building. 

Section 2. Chapter 496 of the acts of 1949 is hereby 
repealed. 

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

Approved June 7, 1951. 



Acts, 1951. — Chaps. 363, 364, 365. 265 



An Act designating the swimming pool at magazine n^Q^^ 353 

BEACH IN THE CITY OF CAMBRIDGE AS THE SERVICEMEN'S ^' 

MEMORIAL POOL. 

Be it enacted, etc., as follows: 

Section 1. The swimming pool at Magazine beach, in 
the city of Cambridge, shall be known as the Servicemen's 
Memorial Pool, and a suitable tablet bearing said designation, 
and the names of all persons from ward five in said city who 
lost their lives while serving in the armed forces of the 
United States during AVorld War II, shall be erected and 
maintained at said pool by the metropohtan district com- 
mission. 

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

Approved June 7, 1951. 



An Act requiring the organization of certain boards C/iai>.364 
OF assessors. 

Be it enacted, etc., as follows. • 

Chapter 41 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 24, as amended by section 1 of chapter ^tt! 'amended. 
136 of the acts of 1945, and inserting in place thereof the 
following section: — Section 34. There shall be three, five, organization 
seven or nine assessors in every city and thi-ee or five assessors °i ^f^^"^^^ 

,-j-«j . . 1 1 ii assessors. 

m every town. The assessors in every city and town shall 
be elected or appointed as otherwise provided by law; but 
as nearly one third of their number as may be shall be elected 
or appointed annually, each to hold office for three years 
and thereafter until his successor is duly elected or ap- 
pointed. As soon as may be after such annual election or 
appointment, the assessors of every city and town shall 
organize by choosing one of their number as chairman and 
another as secretary or clerk of their board. None of the 
foregoing provisions shall apply to the city of Boston. In 
no city or town, including Boston, shall an assessor hold the 
office of collector of taxes. Approved June 7, 1951. 



An Act designating the new state highway in the Qhav 365 

TOWN OF LENOX AS THE VETERANS' MEMORIAL HIGHWAY. ^' 

Be it enacted, etc., as follows: 

The new state highway in the town of Lenox, commonly 
referred to as the Lenox by-pass, shall be known and desig- 
nated as the Veterans' Memorial Highway, and suitable 
tablets and markers bearing said designation shall be erected 
along said highway by the state department of public works. 

Approved June 7, 1951. 



266 Acts, 1951. — Chaps. 366, 367, 368. 



Chap.SQQ -^N Act designating a plot of land bordering on fells- 
way EAST in the city OF MALDEN AS THE MONSIGNOR 
RICHARD NEAGLE MEMORIAL PARK. 

Be it enacted, etc., as follows: 

The plot of land on the westerly side of Fellsway East 
between Pleasant street and Middlesex Fells parkway in 
the city of Maiden shall be known and designated as the 
Monsignor Richard Neagle Memorial Park, and a suitable 
tablet or marker bearing said designation shall be erected on 
said plot of land by the metropoHtan district commission. 

Approved June 7, 1951. 

C hap. 3Q7 An Act providing for the elimination of traffic 

hazards in LECHMERE square in the city of CAMBRIDGE. 

Be it enacted, etc., as follows. • 

The metropolitan district commission is hereby authorized 
and directed to make such structural and other changes in 
Lechmere square in the city of Cambridge, particularly that 
portion thereof where the elevated structure of the Metro- 
politan Transit Authority crosses the public highway, for 
the purpose of eliminating the serious traffic hazards existing 
thereat. The commission may contract with the Metro- 
politan Transit Authority for the performance of such parts 
of the structural work as the Authority is particularly fitted 
to perform and the Authority is authorized to so contract 
and perform such work. The provisions of general or special 
laws requiring the advertising and letting of such contract 
to the lowest responsible bidder and the provisions of sec- 
tions twenty-six to twenty-seven D, inclusive, of chapter 
one hundred and forty-nine of the General Laws in so far as 
said provisions apply to the payment of wages, shall not 
apply to such contract or to the work performed thereunder, 
but wage rates paid shall be those established by collective 
agreements between organized labor and the Authority. 
For said purposes, said commission may expend such sums 
as may be appropriated therefor. Approved June 7, 1961. 

Chap.S68 An Act designating a portion of the state highway 

BETWEEN MILLERS FALLS IN THE TOWN OF MONTAGUE 
AND NORTH AMHERST IN THE TOWN OF AMHERST AS THE 
REVEREND PATRICK E. CAREY HIGHWAY. 

Be it enacted, etc., as follows: 

That portion of the state highway numbered Route 63 
extending from Millers Falls in the town of Montague to 
North Amherst in the town of Amherst shall be known and 
designated as the Reverend Patrick E. Carey Highway, 
and suitable markers bearing said designation shall be 
erected and maintained along said highway by the state de- 
partment of public works. Approved June 7, 1951. 



Acts, 1951. — Chaps. 369, 370, 371. 267 

An Act relative to the hours of duty of permanent nh„^ ogg 

MEMBERS OF THE FIRE DEPARTMENT IN THE TOWN OF ^' 

AMHERST. 

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 Amherst, 
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-seven, fifty- 
eight A and fifty-nine of chapter forty-eight of the General 
Laws shall not apply to the permanent members of the 
uniformed fire fighting force in said town. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at its next annual town meeting 
in the form of the following question, which shall be placed 
upon the official ballot to be used for the election of town 
officers at said meeting: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty-one, 
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 in answer to said question is in the 
affirmative, this act shall thereupon take full effect, but not 
otherwise. Approved June 7, 1951. 

An Act requiring the display of a red light or a red ^t o7n 

FLAG ON LOADS EXTENDING FOUR FEET OR MORE BEYOND ^f^P'^*^ 
THE REAR OF A MOTOR VEHICLE OR TRAILER. 

Be it enacted, etc., as follows. • 

Section 7 of chapter 90 of the General Laws, as amended, g. l. (Ter. 
is hereby further amended by inserting after the ninth ^tc^! 'amended. 
sentence, as amended by chapter 235 of the acts of 1951, the 
following sentence: — Every motor vehicle or trailer so certain motor 
operated which carries a load or object extending four feet ^fg'^'fa^^gd 
or more beyond the bed or body of such vehicle shall display light when 
at the extreme rear end of such load or object a red light ?ain^io°adr'" 
plainly visible from a distance of at least five hundred feet 
to the sides and rear, and shall display in place thereof a 
red flag or cloth not less than twelve inches square during 
the period when motor vehicles are not required to display 
lights. Approved June 7, 1951. 

An Act authorizing the city of Cambridge to increase /^r^ 071 

THE AMOUNT OF ANNUAL PENSION PAYABLE TO COR- ^"'^V'*^* ^ 
NELIUS F. NOONAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the city of Cambridge is hereby authorized to increase 
the annual pension of Cornelius F. Noonan, former employee 



268 Acts, 1951. — Chaps. 372, 373. 

of the city of Cambridge, from nine hundred and thirty-six 
dollars to twelve hundred dollars. 

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

Approved June 7, 1951. 

Chap. 372 An Act authorizing the city of Worcester to pay an 

ANNUITY TO THE WIDOW OF BENJAMIN HERMAN, A FORMER 
MEMBER OF THE POLICE DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester, for the purpose of 
promoting the public good, is hereby authorized to appro- 
priate and to pay to Mary Herman, widow of Benjamin Her- 
man, who died on January thirty-first, nineteen hundred and 
twenty- two, from injuries received in the performance of 
duty as a member of the poUce department of said city, an 
annuity, for life, of the sum of one thousand dollars, the same 
to be paid in equal monthly installments. 

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

Approved June 7, 1961. 

Chap.373 An Act further regulating the sale of firearms 

AND OTHER DANGEROUS WEAPONS, AND AMMUNITION 
THEREFOR. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter 140 of the General Laws is hereby 

flao/et!:', amended by striking out section 130, as amended by chap- 

amended. ^gj. 132 of the acts of 1945, and inserting in place thereof the 

Penalty for followiug section I — Scction ISO. Whoever sells or fur- 

fSwms^to' nishes to an unnaturaUzed foreign born person, or whoever, 

DMDor or without the written permission of the parent or guardian of a 

minor, sells or furnishes to such minor, excepting a minor 

possessing and displaying a license then in force to carry a 

pistol or revolver issued to him under section one hundred 

and thirty-one, any firearm with a muzzle velocity of over 

four hundred feet per second, or other dangerous weapon or 

ammunition therefor shall, except as provided by section 

one hundred and twenty-eight, be punished by a fine of not 

less than one hundred nor more than five hundred dollars; 

but instructors and teachers may furnish military weapons 

to pupils for instruction and drill. The officers specially 

charged with the enforcement of chapter one hundred and 

thirty-one shall take cognizance of violations of this section 

and enforce the provisions thereof, and they shall have all 

the powers necessary therefor. 

gj^. (Ter. Section 2. Said chapter 140 is hereby further amended 

new '§ laoA, by inserting after section 130 the following section : — Sec- 

added. 



Acts, 1951.— Chaps. 374, 375. 269 

tion 130 A. Whoever sells at retail any firearm, as defined [(fbe attached 
in section one hundred and twenty-one, or any rifle or shot- to firearms 
gun shall attach thereto a tag on which shall be printed a "*""" ^"'"^ 
brief statement of the liability of a parent for any harm 
done by a minor as a result of the careless use of such weapon. 
The form and size of such tag shall be approved by the 
commissioner of public safety. This section shall not apply 
to the sale of antique firearms incapable of use as firearms. 

Approved June 7, 1951. 

An Act relative to the control of the monponsett nfifiy 374 

LAKES IN THE TOWN OF HALIFAX. ' ' 

Be it enacted, etc., as follows: 

Section 1. The town of Halifax, through its board of 
selectmen, may from time to time make rules and regula- 
tions as to the erection, maintenance and control of all public 
bath houses on the shores of the Monponsett lakes 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 the IMonponsett lakes in said town. Such rules and 
regulations relative to fishing shall be subject to the approval 
of the division of fisheries and game of the department of 
conservation, and such other rules and regulations shall be 
subject 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 lakes and shall have authority 
to arrest any person violating any law of the commonwealth 
in, on or adjacent to the waters of said lakes or violating 
any rule or regulation established under this act. 

Section 4. The violation of any rule or regulation estab- 
lished 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 eflfect upon its passage. 

Approved June 12, 1961. 

An Act providing for a five day work week for police nunv 375 
officers of the town of franklin. ^' 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provisions of 
general or special law, the services of all police officers of the 
town of Franklin 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 ofl&cers, 
service in excess of five days in any one week may be author- 



270 Acts, 1961. — Chap. 376. 

ized by the chief of poUce. The compensation payable to 

any police officer shall not be reduced by reason of this act. 

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

Approved June 12, 1951. 



Chap.S7Q An Act amending and clarifying certain sections of 

THE ACT PROVIDING THREE OPTIONAL PLANS OF CITY 
GOVERNMENT IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 452 of the acts of 1948 is hereby 
amended by striking out sections 10 to 20, inclusive, and 
inserting in place thereof the following sections : — Sec- 
tion 10. The form of government provided in sections eleven 
to twenty, inclusive, and the method of nominating and 
electing officials thereunder provided in sections fifty-three 
to sixty-five, inclusive, shall constitute and be known as 
Plan A under this act. When Plan A is adopted, said sec- 
tions eleven to twenty, inclusive, and fifty-three to sixty- 
five, inclusive, shall become and be operative, subject to the 
provisions of section four. 

Section 11. There shall be in the city a mayor who shall 
be the chief executive officer of the city, a city council of 
nine members which shall be the legislative body of the city, 
and a school committee of five members which shall have the 
powers and duties conferred and imposed by law. 

Section 11 A. Every person elected mayor and every per- 
son elected or chosen city councillor or school committee- 
man shall, before entering upon the duties of his office, take, 
and subscribe in a book to be kept by the city clerk for the 
purpose, the oath of allegiance and oath of office prescribed 
in the constitution of this commonwealth and an oath to sup- 
port the constitution of the United States. Such oaths shall 
be administered, to a person elected mayor, by a justice of 
the supreme judicial court, a judge of a court of record com- 
missioned to hold such court within the city or a justice of 
the peace, and to a person elected or chosen city councillor 
or school committeeman, by the mayor or any of the persons 
authorized to administer said oaths to a person elected mayor. 

Section 11 B. Whenever the mayor is absent from the 
city or unable from any cause to perform his duties, and 
whenever there is a vacancy in the office of mayor from any 
cause, the president of the city council, while such absence, 
inability or vacancy continues, shall perform the duties of 
mayor. If there is no president of the city council or if he also 
is absent from the city or unable from any cause to perform 
such duties, they shall be performed, until there is a mayor 
or president of the city council or the mayor or president of 
the city council returns or is able to attend to said duties, by 
such member of the city council as that body by a vote which, 
for the purposes of section seventeen D, shall be deemed to 
be a vote electing an official, may elect, and until such elec- 



Acts, 1951.— Chap. 376. 271 

tion by the city clerk. The person upon whom such duties 
shall devolve shall be called "acting mayor" and he shall 
possess the powers of mayor only in matters not admitting 
of delay, but shall have no power to make permanent ap- 
pointments. 

Section 12. At the next regular municipal election follow- 
ing the adoption of Plan A and at every second regular munic- 
ipal election after a regular municipal election at which a 
mayor is elected, a mayor shall be elected at large to hold 
office for the four municipal years following the municipal 
year in which he is elected and thereafter until his successor 
is elected and quahfied. 

Section IS. If a vacancy occurs in the office of mayor 
within sixteen weeks prior to a regular municipal election 
other than a regular municipal election at which a mayor is 
elected, or within sixteen months after a regular municipal 
election, or if there is a failure to elect a mayor or a person 
elected mayor resigns or dies before taking office, the city 
council shall forthwith adopt an order calling a special munic- 
ipal election for the purpose of electing at large a mayor for 
the unexpired term, which election shall be held on such 
Tuesday, not less than one hundred and twenty days nor 
more than one hundred and forty days after the adoption of 
such order, as the city council shall in such order fix. If a 
vacancy occurs in the office of maj'or at any other time, a 
mayor shall be elected at large at the next regular municipal 
election to hold office for a term expiring at ten o'clock in the 
forenoon on the first Monday of the fourth January following 
his election. A person elected mayor under either of the fore- 
going provisions shall take and subscribe the oaths required 
by section eleven A as soon as conveniently may be after the 
issuance to him of his certificate of election. Such person 
shall hold office from the time of taking and subscribing such 
oaths until the expiration of his term and thereafter until his 
successor is elected and qualified. The provisions of this 
section shall not apply if a vacancy occurs in the office of 
mayor in the period beginning on the date of a regular munic- 
ipal election at which a new mayor is elected and ending at 
the time he takes office. 

Section ISA. The mayor shall be paid an annual salary 
of twenty thousand dollars or such other sum as may from 
time to time be fixed by ordinance. The mayor shall not 
receive for his services any other compensation or emolu- 
ment whatever; nor shall he hold any other office of emolu- 
ment under the city government. 

Section 14- At the next regular municipal election follow- 
ing the adoption of Plan A and at every regular municipal 
election thereafter, there shall be elected at large nine city 
councillors, each to hold office for the two municipal years 
follomng the municipal year in which he is elected. 

Section 15. If at any time a vacancy occurs in the city 
council from any cause, the city clerk shall forthwith notify 
the city council thereof; and thereupon the remaining city 



272 Acts, 1951. — Chap. 376. 

councillors shall, by a majority vote, choose, as city council- 
lor for the unexpired term, a registered voter of the city duly 
qualified to vote for a candidate for the office of citj'' council- 
lor. If there is a failure to elect a city councillor or a person 
elected city councillor resigns or dies before taking office, the 
city clerk shall, as soon as conveniently may be after the 
remaining city councillors elect take office, notify the city 
council of such failure to elect, resignation or death; and 
thereupon the members thereof shall, by a majority vote, 
choose such a registered voter as city councillor for the un- 
expired term. If in either of the aforesaid events a choice is 
not made as hereinbefore provided within thirty days after 
the notification of the city council by the city clerk, the 
choice shall be made by the mayor, or, if there is no mayor, 
by the city councillor senior in length of service, or, if there 
be more than one such, by the city councillor senior both in 
age and length of service. For the purposes of section seven- 
teen D, votes of the city council under the provisions of this 
section shall be deemed to be votes electing officials. 

Section 16. Every city councillor shall be paid an annual 
salary of five thousand dollars; and no other sum shall be 
paid from the city trea.sury for or on account of any personal 
expenses directly or indirectly incurred by or in behalf of 
any city councillor. 

Section 17. The city council shall be the judge of the 
election and qualifications of its members; shall elect from 
its members by vote of a majority of all the members a 
president who when present shall preside at the meetings 
thereof; and shall from time to time establish rules for its 
proceedings. The member eldest in years shall preside until 
the president is chosen, and in case of the absence of the 
president, until a presiding officer is chosen. 

Section 17 A. The mayor may, whenever in his judgment 
the good of the city requires it, summon a meeting or meet- 
ings of the city council although said council stands ad- 
journed to a more distant day, and shall cause suitable 
written notice of such meeting or meetings to be given to 
the city councillors. 

Section 17 B. The city council may, subject to the ap- 
proval of the mayor, from time to time establish such offices, 
other than that of clerk, as it may deem necessary for the 
conduct of its affairs and at such salaries as it may deter- 
mine, and abolish such offices or alter such salaries; and 
without such approval may fill the offices thus estabKshed 
and remove the incumbents at pleasure. The city clerk shall 
act as clerk of the city council. 

Section 17C. All elections by the city council under any 
provision of law, including the choosing of a city councillor 
under section fifteen, shall be made by a viva voce vote, each 
member who is present answering to his name when it is 
called by the clerk or other proper officer, and stating the 
name of the person for whom he votes, or decUning to vote, 
as the case may be; and the clerk or other proper officer 



Acts, 1951. — Chap. 376. 273 

shall record every such vote. No such election shall be 
valid unless it is made as aforesaid. 

Section 17 D. Every order, ordinance, resolution and vote 
of the city council (except special municipal election orders 
adopted under section thirteen, votes relating to the in- 
ternal affairs of said council, resolutions not alfecting legal 
rights, votes electing officials, and votes confirming appoint- 
ments by the mayor) shall be presented to the mayor for 
his approval. If he approves it, he shall sign it; and there- 
upon it shall be in force. If he disapproves it, he shall, by 
fiUng it with the city clerk with his objections thereto in 
writing, return it to the city council which shall enter the 
objections at large on its records. Every order, ordinance, 
resolution and vote authorizing a loan or appropriating 
money or accepting a statute involving the expenditure of 
money, which is so returned to the city council, shall be 
void, and no further action shall be taken thereon; but the 
city council shall proceed forthwith to reconsider every 
other order, ordinance, resolution and vote so returned, and 
if, after such reconsideration, tw^o thirds of all the city coun- 
cillors vote to pass it notwithstanding the disapproval of the 
mayor, it shall then be in force; but no such vote shaU be 
taken before the seventh day after the city council has 
entered the objections at large on its records. Every order, 
ordinance, resolution or vote required by this section to be 
presented to the mayor which, within fifteen days after 
such presentation, is neither signed by him nor filed with 
his written objections as hereinbefore provided, shall be in 
force on and after the sixteenth day following such presen- 
tation. 

Every order, ordinance, resolution or vote required by 
this section to be presented to the mayor shall be approved 
as a whole or disapproved as a whole; except that, if the 
same authorizes a loan or appropriates money, the mayor 
may approve some of the items in whole or in part and dis- 
approve other of the items in whole or in part; and such 
items or parts of items as he approves shall, upon his signing 
the same, be in force and such items or parts of items as he 
disapproves by fihng with the city clerk his written objec- 
tions thereto shall be void, and such items or parts of items 
as he neither signs nor so disapproves within fifteen days 
after the order, ordinance, resolution or vote shall have been 
presented to him shall be in force on and after the sixteenth 
day following such presentation. 

Section 17 E. The mayor from time to time may make to 
the city council in the form of an ordinance or loan order 
filed with the city clerk such recommendations other than 
for school purposes as he may deem to be for the welfare of 
the city. The city council shall consider each ordinance or 
loan order so presented and shall either adopt or reject the 
same within sixty days after the date when it is filed as 
aforesaid. If such ordinance or loan order is not rejected 
within said sixty days, it shall be in force as if adopted by 



274 Acts, 1951. — Chap. 376. 

the city council unless previously withdrawn by the mayor. 
Nothing herein shall prevent the mayor from again present- 
ing an ordinance or loan order which has been rejected or 
withdrawn. The city council may originate an ordinance or 
loan order and may reduce or reject any item in any loan 
and, subject to the approval of the mayor, may amend an 
ordinance. All sales of land other than school lands, all 
appropriations for the purchase of land other than for school 
purposes, and all loans voted by the city council shall require 
a vote of two thirds of all the city councillors and shall be 
passed only after two separate readings and by two separate 
votes, the second of said readings and votes to be had not 
less than fourteen days after the first, except that in the 
case of loan orders for temporary loans in anticipation of 
taxes the second of said readings and votes may be had not 
less than twenty-four hours after the first. No amendment 
increasing the amount of land to be sold or the amount to be 
paid for the purchase of land, or the amount of loans, or 
altering the disposition of purchase money or of the proceeds 
of loans shall be made at the time of the second reading and 
vote. If a petition signed by three city councillors request- 
ing that action be taken forthwith upon a loan order pre- 
sented by the mayor is filed in the office of the city clerk not 
earlier than fourteen days after the presentation of such 
loan order, action shall be taken by the yeas and nays on the 
question of the adoption of such loan order at the next meet- 
ing of the council, or, if one vote has already been taken 
thereon, at the next meeting after the expiration of the re- 
quired interval after such vote; provided, that such action 
thereon has not sooner been taken or such loan order has 
not been withdrawn by the mayor. 

Section 17 F. The city council at any time may request 
from the mayor specific information on any municipal mat- 
ter within its jurisdiction, and may request his presence to 
answer written questions relating thereto at a meeting to be 
held not earlier than one week from the date of the receipt 
of said questions, in which case the mayor shall personally, 
or through a head of a department or a member of a board, 
attend such meeting and pubHcly answer all such questions. 
The person so attending shall not be obliged to answer ques- 
tions relating to any other matter. The mayor at any time 
may attend and address the city council in person or through 
the head of a department, or a member of a board, upon such 
subject as he may desire. 

Section 17G. Except as otherwise provided in chapter 
four hundred and eighty-six of the acts of nineteen hundred 
and nine, neither the city council nor any member, com- 
mittee, officer or employee thereof shall directly or indirectly 
on behalf of the city or of the county of Suffolk take part in 
the employment of labor, the making of contracts, or the 
purchase of materials, supplies or real estate; nor in the 
construction, alteration, or repair of any public works, build- 
ings, or other property; nor in the care, custody, or manage- 



Acts, 1951. — Chap. 376. 275 

ment of the same; nor in the conduct of the executive or 
administrative business of the city or county; nor in the 
appointment or removal of any city or county employee; 
nor in the expenditure of public money except such as may 
be necessary for the contingent and incidental expenses of 
the city council. Any person violating any provision of this 
section shall be punished by imprisonment for not more 
than one year, or by a fine of not more than one thousand 
dollars, or both. 

Section 17H. No city councillor nor any person elected 
city councillor shall, during the term for which he is elected 
or chosen, be appointed to, or hold, any office or position 
which is under the cit}^ government or the salary of which is 
payable out of the city treasury except the office of city 
councillor and any office held ex officio by virtue of being a 
member, or president, of the city council; provided, how- 
ever, that nothing herein contained shall prevent a city 
councillor or any person elected city councillor from, during 
the term for which he is elected or chosen, being appointed 
by the governor, with or without the advice and consent of 
the council, to, and holding, any such office or position if 
before entering upon the duties of such office or position he 
resigns as city councillor or city councillor elect. 

Section 18. At the next regular municipal election follow- 
ing the adoption of Plan A and at every regular municipal 
election thereafter, there shall be elected at large five school 
committeemen, each to hold office for the two municipal 
years following the municipal year in which he is elected. 

Section 19. If at any time a vacancy occurs in the school 
conmiittee from any cause, the mayor, the president of the 
city council and the remaining school committeemen, meet- 
ing in joint convention, shall, by a majority vote, choose, as 
school committeeman for the unexpired term, any registered 
voter of the city duly qualified to vote for a candidate for 
the office of school committeeman. If there is a failure to 
elect a school committeeman or a person elected school 
committeeman resigns or dies before taking office, the re- 
maining school committeemen elect upon taking office and 
the then mayor and the then president of the city council 
shall meet in joint convention and by a majority vote choose 
such a registered voter as school committeeman for the 
unexpired term. 

Section 20. The members of the school committee shall 
meet and organize on the first Monday of January following 
their election. The school committee shall be the judge of 
the election and quafifications of its members. The members 
of the school committee shall serve without compensation. 

Section 2. Said chapter 452 is hereby further amended 
by striking out sections 53 to 65, inclusive, and inserting in 
place thereof the following sections : — Section 53. Every 
municipal officer required by sections twelve, thirteen, 
fourteen and eighteen to be elected at large shall be elected 
at a biennial municipal election, or, in the case of a mayor 



276 Acts, 1951. — Chap. 376. 

for an unexpired term, at a special municipal election, after, 
in either case, nomination at a preliminary municipal elec- 
tion, except as other'wise provided in section fiftj^-seven C. 
In sections fift3^-three to sixty-five, inclusive, the term 
"regular election" shall be construed to refer to the biennial 
municipal election or the special municipal election, as the 
case may be, and the term "preliminary election" to the 
preliminary municipal election held for the purpose of 
nominating candidates for election at such regular election. 
Every preliminary election shall, unless dispensed with 
under said section fifty-seven C, be held on the sixth Tuesday 
preceding the regular election. 

Section 5J^. Any person who is a registered voter of the 
city duly quahfied to vote for a candidate for an elective 
municipal office therein may be a candidate for nomination 
to such office; provided, that a petition for the nomination 
of such person is obtained, signed and filed as provided in 
sections fifty-five, fifty-five A, and fifty-six, and signatures 
of petitioners thereon, to the number required by section 
fifty-six, certified as provided in section fifty-seven by the 
board of election commissioners, in sections fifty-five to 
sixty-five, inclusive, called the election commission. 

Section 55. A nomination petition shall be issued only 
to a person subscribing after the thirteenth Tuesday, and 
before the eighth Tuesday, preceding the preliminary elec- 
tion, in a book kept for that purpose by the election com- 
mission, a statement of candidacy in substantially the fol- 
lowing form : — 

THE COMMONWEALTH OF MASSACHUSETTS 

CITY OF BOSTON 

Statement of Candidacy. 

I, {name with first or middle name injull), under the pains and penal- 
ties of perjury declare that I reside at {street and number, if any) in Ward 
{number) of the City of Boston; that I am a registered voter of said 
City duly qualified to vote for a candidate for the office hereinafter 
mentioned; that I am a candidate for nomination for the office of 
(Mayor or City Councillor or School Committeeman); that I request 
that my name be printed as such candidate on the official ballot to be 
used at the preliminary municipal election to be held on Tuesday, 
, 19 , for the purpose of nominating candidates for elec- 
tion to such office; and that I also request that my nomination petition 
contain the following statement (not exceeding eight words) concerning 
the elective public offices now or formerly held by me: — 



Signature of Candidate. 

Section 55 A. A nomination petition shaU be issued by 
the election commission not later than twelve o'clock noon 
on the second day (Saturdays, Sundays and legal hohdays 
excluded) after the subscription of a statement of candidacy, 



Acts, 1951. — Chap. 376. 277 

except that no such petition shall be issued before the 
eleventh Tuesday preceding the preliminary election. A 
nomination petition shall not relate to more than one candi- 
date nor to more than one office, A nomination petition 
may state the elective public offices which the candidate 
holds or has held under the government of the common- 
wealth, the county of Suffolk or the city of Boston or in the 
congress as a representative or senator from the common- 
wealth; provided, that such statement shall not exceed 
eight words and shall, with respect to each such office, con- 
sist solely of the title, as hereinafter given, of such office, 
preceded, if the candidate is the then incumbent thereof, by 
the word "Present", otherwise, by the word ''Former", 
and followed, if, but only if, the office is that of city coun- 
cillor, by the words "at Large" or "for Ward (here insert 
ward number in numerals, which shall he counted as one ivord) ", 
as the case may be. For the purposes of such statement, 
the titles of the elective public offices which may be stated 
shall be deemed to be as follows : — city councillor, school 
committeeman, mayor, district attorney, sheriff, register of 
deeds, register of probate, county clerk of superior (criminal) 
court, county clerk of superior (civil) court, county clerk of 
supreme judicial court, state representative, state senator, 
governor's councillor, attorney general, state auditor, state 
treasurer, state secretary, lieutenant governor, governor, 
congressman, and United States senator. 

If the candidate is a veteran as defined in section twenty- 
one of chapter thirty-one of the General Laws, his nomina- 
tion petition may contain the word "Veteran", which, in 
the case of a candidate holding or having held elective public 
office as aforesaid, shall, for the purposes of this section and 
sections fifty-five, fifty-eight and sixty-two, be counted as a 
part of the statement concerning the elective public offices 
held by him, and, in the case of a candidate who does not 
hold and has never held elective public office as aforesaid, 
shall, for the purposes of said sections, be deemed to be a 
statement concerning the elective pubhc offices held by him. 

A nomination petition may consist of one or more sheets; 
but each sheet shall be in substantially the following form: — 



THE COMMONV/EALTH OF MASSACHUSETTS 
CITY OF BOSTON 

Nomination Petition. 

Whereas {name oj candidate) residing at {street and number, if any) 
in Ward (number) of the City of Boston, (here insert amj lawfully re- 
quested statement conx^erning the elective public offices held by candidate) 
is a candidate for nomination for the office of (Mayor or City Councillor 
or School Committeeman), the undersigned, registered voters of the 
City of Boston, duly qualified to vote for a candidate for said oflSce, 
do hereby request that the name of said (name of candidate) as a candi- 
date for nomination for said office be printed on the oflBcial ballot to 



278 



Acts, 1951. — Chap. 376. 



be used at the preliminary municipal election to be held on Tuesday, 
, 19 . 

Each of the undersigned does hereby certify that he or she has not 
subscribed (if the petition relates to the office of mayor, here insert: — any 
other nomination petition for said office; if the petition relates to the 
office of city councillor, here insert: — more than eight other nomination 
petitions for said office; and if the petition relates to the office of school 
committeeman, here insert: — more than four other nomination petitions 
for said office). 

In case the above-named candidate withdraws his name from nomi- 
nation or is found to be ineUgible or dies, we authorize {names and resi- 
dences of a committee of not less than five persons) or a majority thereof 
as our representatives to fill the vacancy in the manner prescribed 
by law. 



Signatures of 
Nominators. 

(To be signed in person 
with name as regis- 
tered.) 



Residence 
January 1, 19 . 

(If registered after above 
date, residence vvhien 
registered.) 



Pre- 
cinct. 



Present Residence. 



Suffolk, ss. 



The Commonwealth of Massachusetts 
Boston, 



19 



The undersigned, being the circulator or circulators of this sheet, 
severally certify, under the pains and penalties of perjury, that the 
persons whose names are written upon the lines the niunbers of which 
appear opposite our signatures below, signed the same in person. 



Names and Addresses of Persons 
Circulating This Sheet. 


Numbers of Lines Upon Which 
Appear Signatures as to Which 


Name. 


Address. 


Certification is Made Hereby. 









{Add here or at some other convenient place on the nomination petition 
sheet the following.) 

I hereby accept the nomination. 



Signature of Candidate. 



This nomination petition sheet filed by 



Signature of Filer. 



Number. Street. City. 



Every nomination petition sheet shall, before issuance, be 
prepared by the election commission by printing or inserting 



Acts, 1951. — Chap. 376. 279 

thereon the matter required by the first two paragraphs of 
the foregoing form. Not more than three hundred nomina- 
tion petition sheets shall be issued to any candidate for 
nomination to the office of mayor under Plan A; not more 
than one hundred and fifty such sheets shall be issued to any 
candidate for nomination to the office of city councillor under 
Plan A or D; and not more than two hundred such sheets 
shall be issued to any candidate for nomination to the office 
of school committeeman under Plan A or D. No nomination 
petition sheet shall be received or be valid unless prepared 
and issued by the election commission; nor shall any such 
sheet be received or be valid unless the written acceptance 
of the candidate thereby nominated is endorsed thereon, 
anything in section three A of chapter fifty of the General 
Laws to the contrary notwithstanding. 

Section 56. The nomination petition shall be signed, in 
the case of a candidate for mayor, by at least three thousand 
registered voters of the city qualified to vote for such candi- 
date at the preliminary election, in the case of a candidate 
for city councillor, by at least fifteen hundred registered 
voters of the cit,y qualified to vote for such candidate at such 
election, and, in the case of a candidate for school committee- 
man, by at least two thousand registered voters of the city 
qualified to vote for such candidate at such election. 

Every voter signing a nomination petition shall sign in 
person, with his name as registered, and shall state his resi- 
dence on January first preceding, or his residence when regis- 
tered if subsequent thereto, and the place where he is then 
living, with the street and number, if any; but any voter 
who is prevented by physical disability from writing may 
authorize some person to write his name and residence in his 
presence. No voter may sign as petitioner more than one 
nomination petition for the office of mayor, nor more than 
nine nomination petitions for the office of city councillor, nor 
more than five nomination petitions for the office of school 
committeeman. If the name of any voter appears as peti- 
tioner on more nomination petitions for an office than pre- 
scribed in this section, his name shall, in determining the 
number of petitioners, be counted, in the case of the office of 
mayor, only on the nomination petition sheet bearing his 
name first filed with the election commission, in the case of 
the office of city councillor, only on the nine nomination 
petition sheets bearing his name first filed with said commis- 
sion, and, in the case of the office of school committeeman, 
only on the five nomination petition sheets bearing his name 
first filed with said conmiission. If the name of any voter 
appears as petitioner on the same nomination petition more 
than once, it shall be deemed to appear but once. The signa- 
ture of any petitioner which is not certified by the circulator 
of the sheet as provided in the form set forth in section fifty- 
five A shall not be counted in determining the number of 
petitioners. 

The separate sheets of a nomination petition may be filed 



280 Acts, 1951. — Chap. 376. 

all at one time or in lots of one or more from time to time, but 
shall all be filed ^\ath the election commission at or before five 
o'clock in the afternoon on the eighth Tuesday preceding the 
preliminar}^ election. Every nomination petition sheet shall 
be filed by a responsible person, who shall sign such sheet 
and, if he is other than the candidate, add to his signature 
his place of residence, giving street and number, if any ; and 
the election commission shall require satisfactory identifica- 
tion of such person. 

The names of candidates appearing on nomination petitions 
shall, when filed, be a matter of public record; but no nomi- 
nation petition shall be open to public inspection until the 
signatures on all nomination petitions for the same office have 
been certified. 

Section 57. Upon the filing of each nomination petition 
sheet the election commission shall check each name to be 
certified by it on such sheet and shall certify thereon the 
number of signatures so checked which are the names of 
registered voters of the city qualified to sign the same; pro- 
vided, however, that said commission shall not certify, in 
connection with a single nomination petition, a greater num- 
ber of names than required by section fifty-six with one tenth 
of such number added thereto. Names not certified in the 
first instance shall not thereafter be certified on the same 
nomination petition. All nomination petitions not containing 
names certified pursuant to this section, to the number re- 
quired by said section fifty-six, shall be invalid. The election 
commission shall complete the certification required by this 
section at or before five o'clock in the afternoon on the thirty- 
fourth day preceding the preliminary election. 

Section 57 A. A nomination petition which has been filed 
and is in apparent conformity with law shall be valid unless 
written objection thereto is made by a registered voter of 
the city. Such objection shall be filed with the election 
commission at or before five o'clock in the afternoon on the 
twenty-eighth day preceding the preliminary election. Ob- 
jections filed with the election commission shall forthwith 
be transmitted by it to the Boston ballot law commission. 
Certification pursuant to section fifty-seven shall not pre- 
clude a voter from filing objections to the validity of a 
nomination petition. 

Section 57 B. Any candidate may withdraw his name 
from nomination by a request signed and duly acknowledged 
by him; provided, however, that all withdrawals shall be 
filed with the election commission at or befoie five o'clock 
in the afternoon on the twenty-eighth day preceding the pre- 
liminary election. If a candidate so withdraws his name 
from nomination or is found to be ineUgible or dies, the 
vacancy may be filled by a committee of not less than five 
persons or a majority thereof, if such committee be named 
and so authorized in the nomination petition; provided, 
however, that all certificates of substitution, except any 
certificate of substitution for a deceased candidate for mayor 



Acts, 1951. — Chap. 376. 281 

under Plan A, shall be filed with the election commission at 
or before five o'clock in the afternoon on the twenty-seventh 
day preceding the preliminary election. 

The certificate of substitution for a deceased candidate 
for mayor under Plan A shall be filed with the election com- 
mission (a) at or before five o'clock in the afternoon on the 
first Tuesday preceding the prehminary election if he dies 
on or before the second Friday preceding such election, (b) 
at or before five o'clock in the afternoon on the first Fri- 
day following the preliminary election if he dies after the 
second Friday preceding such election and before the closing 
of the polls at such election, (c) at or before five o'clock in 
the afternoon on the first Tuesday preceding the regular 
election if he dies after the closing of the polls at the pre- 
liminary election and on or before the second Friday pre- 
ceding the regular election, and (d) at or before five o'clock 
in the afternoon on the first Friday following the regular 
election if he dies after the second Friday preceding such 
election and before the closing of the polls at such election; 
provided, however, that no certificate of substitution for 
such a deceased candidate shall be filed after the closing of 
the polls at the preliminary election unless such candidate, 
if living, would be deemed under either section fifty-seven C 
or sixty-one to have been nominated for the office of mayor 
under Plan A. 

If a certificate of substitution for a deceased candidate for 
mayor under Plan A is filed at or before five o'clock in the 
afternoon on the first Tuesday preceding the preliminary 
election, the ballots for use at such election shall be printed 
with the name, residence and ward of the substitute in the 
place of the name, residence and ward of the deceased; and 
the voting machine ballot labels for use at such election, if 
not previously printed, shall be printed vvith the name, 
residence and ward of the substitute in the place of the name, 
residence and ward of the deceased, and, if previously 
printed, shall have a slip containing the name, residence and 
ward of the substitute pasted over the name, residence and 
ward of the deceased. If such a certificate is filed after five 
o'clock in the afternoon on the first Tuesday preceding the 
preliminary election, all ballots and voting machine ballot 
labels for use at such election shall bear the name, residence 
and ward of the deceased but shall be deemed as a matter of 
law to bear the name, residence and ward of the substitute 
in the place of the name, residence and ward of the deceased, 
and a vote for the deceased at such election shall be counted 
as a vote for the substitute. If such a certificate is filed at 
or before five o'clock in the afternoon on the first Tuesday 
preceding the regular election, the ballots for use at such 
election other than absent voting ballots shall be printed 
with the name, residence and ward of the substitute in the 
place of the name, residence and ward of the deceased ; and 
the absent voting ballots for use at such election, if not 
previously printed, shall be printed with the name, residence 



282 Acts, 1951.— Chap. 376. 

and ward of the substitute in the place of the name, residence 
and ward of the deceased and, if previously printed, shall be 
deemed as a matter of law to bear the name, residence and 
ward of the substitute in the place of the name, residence 
and ward of the deceased so that a vote thereon for the de- 
ceased shall be counted as a vote for the substitute; and 
the voting machine ballot labels for use at such election, if 
not previously printed, shall be printed with the name, resi- 
dence and ward of the substitute in the place of the name, 
residence and ward of the deceased, and, if previously 
printed, shall have a slip containing the name, residence and 
ward of the substitute pasted over the name, residence and 
ward of the deceased. If a candidate for mayor under Plan 
A in whose nomination petition a committee of not less than 
five persons or a majority thereof is authorized to fill a va- 
cancy dies after the second Friday preceding the regular 
election and a certificate of substitution is not filed at or 
before five o'clock in the afternoon on the first Tuesday pre- 
ceding such election, such election, so far, but only so far, 
as it is for the purpose of electing a person for the office of 
mayor, shall be postponed for four weeks and no vote cast 
for any candidate for mayor at the originally scheduled 
election shall be counted. 

Every certificate of substitution shall state: — (1) the 
name of the substitute, (2) his residence, with street and 
number, if any, and ward, (3) the office for which he is to be 
a candidate, (4) the name of the original candidate, (5) the 
fact of his death, withdraw^al or ineligibility, and (6) the 
proceedings had for making the substitution. The chairman 
and secretary of the committee shall sign and make oath to 
the truth of the certificate; and it shall be accompanied by 
the written acceptance of the candidate substituted. A 
certificate of substitution shall be open to objection in the 
same manner, so far as practicable, as a nomination petition. 

Section 57C. On the first day, other than a legal hohday 
or Saturday or Sunday, following the expiration of the time 
for filing withdrawals and the final disposition of any ob- 
jections filed, the election commission shall post in a con- 
spicuous place in the city hall the names, residences and 
wards of the candidates for nomination for mayor under 
Plan A and for city councillor and school committeeman 
under Plans A and D who have duly qualified as such candi- 
dates, as they are to appear on the official ballots to be used 
at the preliminary election, except as to the order of the 
names. If there are so posted the names of not more than 
two candidates for the office of mayor under Plan A, the 
candidates whose names are so posted shall be deemed to 
have been nominated for said office, and the preliminary 
election for the purpose of nominating candidates therefor 
shall be dispensed with; if there are so posted the names of 
not more than eighteen candidates for the office of city 
councillor under Plan A or D, the candidates whose names 
are so posted shall be deemed to have been nominated for 



Acts, 1951.— Chap. 376. 283 

said office, and the preliminary election for the purpose of 
nominating candidates therefor shall be dispensed with; 
and if there are so posted the names of not more than ten 
candidates for the office of school committeeman under 
Plan A or D, the candidates whose names are so posted shall 
be deemed to ha-\^e been nominated for said office, and the 
preliminary election for the purpose of nominating candi- 
dates therefor shall be dispensed with. 

Section 58. On the day of the posting provided for by 
section fifty-seven C, or as soon thereafter as conveniently 
may be, the election commission shall draw by lot the posi- 
tion of the candidates on the ballot. Each candidate shall 
have an opportunity to be present at such drawing in person 
or by one representative. As soon as conveniently may be 
after such drawing, the election commission shall cause the 
ballots to be printed. Said ballots shall, in addition to the 
directions and numbers provided for by section fifty-nine, 
contain, in the order drawn by the election commission, the 
names posted as aforesaid (except those of candidates deemed 
under section fifty-seven C to have been nominated), and no 
others, with a designation of residence and ward and the title 
and term of the office for which the person named is a candi- 
date, and the statement, if any, contained in his nomination 
petition concerning the elective public offices held by him. 
Said ballots shall be official and no others shall be used at the 
preliminary election. Said ballots shall be headed as follows: 

OFFICIAL PRELIMINARY MUNICIPAL ELECTION 

BALLOT. 

Candidates for nomination for the offices of in the 

City of Boston at the preliminary municipal election to be held on 
Tuesday, ,19 . 

The heading of said ballots shall be varied in accordance with 
the offices for which nominations are to be made. 

Section 59. At every preHminary election, and every 
regular election, under Plan A, each voter shall be entitled to 
vote for not more than one candidate for the office of mayor, 
not more than nine candidates for the office of city coun- 
cillor, and not more than five candidates for the office of 
school committeeman. On the ballots and voting machine 
ballot labels for use at each of said elections, there shall, as 
a direction to the voter, be printed in capital letters, near 
the title of each office to be voted for, the words '' vote for 
{here insert in words the number of candidates specified, in this 
section with respect to such office) ". The election commission, 
when drawing under section fifty-eight the position on the 
ballot of the candidates for nomination at every preliminary 
election, shall draw the positions of all candidates for mayor, 
if any are to be drawn, before drafting the position of any 
candidate for city councillor or school committeeman and 
shall draw the positions of all candidates for city councillor, 
if any are to be drawn, before drawing the position of any 
candidate for school committeeman. The election commis- 



284 Acts, 1951.— Chap, 376. 

sion shall number consecutively, regardless of office, all can- 
didates drawn, — the candidate first drawn being assigned 
the number 1 and the candidate last drawn being assigned 
the last number assigned. No position shall be drawn for, 
nor shall any number be assigned to, any candidate deemed 
• under section fifty-seven C to have been nominated; nor 
shall any number be assigned to any blank space provided 
under section sixty-four or to any sticker candidate, so called; 
and no vote by sticker, which term shall not be construed 
to include the slip provided for by section fifty-seven B, 
shall be counted if any candidate number appears thereon. 
The numbers assigned under this paragraph shall be separate 
and distinct from the alphabetical or numerical code of any 
voting machine. On the ballots and voting machine ballot 
labels for use at every preliminary election, there shall, as 
an aid to the voter, be printed in numerals, before the name 
of each candidate and with type the same size as the name, 
the number assigned to the candidate by the election com- 
mission under this paragraph. 

Section 60. The election officers shall, immediately upon 
the closing of the polls at preliminary elections, count the 
ballots and ascertain the number of votes cast in the several 
voting places for each candidate, and forthwith make return 
thereof upon the total vote sheets or, if voting machines are 
used, the general or precinct record sheets, as the case may 
be, to the election commission which shall forthwith canvass 
said returns and, subject to the provisions of the first sentence 
of section one hundred and thirty-seven of chapter fifty-four 
of the General Laws, determine and declare the result thereof, 
publish said result in one or more newspapers in the city, and 
post the same in a conspicuous place in the city hall. 

Section 61. The two persons receiving at a preliminary 
election under Plan A the highest number of votes for nom- 
ination for the office of mayor shall be deemed to have been 
nominated for said office; and the eighteen persons receiv- 
ing at such an election under Plan A or D the highest number 
of votes for nomination for the office of city councillor shall 
be deemed to have been nominated for said office; and the 
ten persons receiving at such an election under Plan A or D 
the highest number of votes for nomination for the office of 
school committeeman shall be deemed to have been nom- 
inated for said office. If a preliminary election under Plan A 
or D results in a tie vote among candidates for nomination 
receiving the lowest number of votes, which, but for said tie 
vote, would entitle a person receiving the same to be deemed 
to have been nominated, all persons participating in said 
tie vote shall be deemed to have been nominated, although 
in consequence there be printed on the official ballot to be 
used at the regular election names to a number exceeding 
twice the number to be elected. 

Section 62. The name of every person deemed under sec- 
tion fifty-seven C or section sixty-one to have been nomi- 
nated, together with his residence and ward and the title and 



Acts, 1951.— Chap. 376. 285 

term of the office for which he is a candidate, and the state- 
ment, if any, contained in his nomination petition concern- 
ing the elective pubUc offices held by him, shall, in addition 
to the directions provided for by section fifty-nine, be printed 
on the official ballots to be used at the regular election ; and 
said persons shall be the sole candidates whose names may 
be printed on such ballots. As soon as conveniently may be 
after the sixth Tuesday preceding every regular election, 
the election commission shall draw by lot the position of said 
names on said ballots; and said names shall be printed on 
such ballots in the order so drawn. Each candidate shall 
have an opportunity to be present at such drawing in per- 
son or by one representative. 

Section 63. No ballot used at any preliminary or regular 
election shall have printed thereon any party or political 
designation or mark, and there shall not be appended to 
the name of any candidate any such party or political desig- 
nation or mark or anything showing how he was nominated 
or indicating his views or opinions. 

Section 64- On eveiy ballot to be used at a preHminary 
or regular election, there shall be left, at the end of the list 
of candidates for each office, blank spaces equal to the num- 
ber for which a voter may vote for such office, in which 
blank spaces the voter may insert the name of any person 
not printed on the ballot for whom he desires to vote for 
such office. 

Section 65. At every preliminary election, and every 
regular election under Plan D, each voter shall be entitled 
to vote for not more than six candidates for the office of city 
councillor and not more than three candidates for the office 
of school committeeman. On the ballots for use at both of 
said elections, there shall be printed directions to the voters 
that each voter shall not vote for more than the number of 
candidates specified in this section. 

Section 3. Section 1 of chapter 349 of the acts of 1905, 
as most recently amended by section 1 of chapter 142 of the 
acts of 1939, is hereby further amended by striking out the 
first sentence and inserting in place thereof the following: — 
The school committee of the city of Boston shall hereafter 
consist of five members, to be elected by such persons as 
shall be qualified to vote for school committee in said city. 

Section 4. The person elected mayor at the biennial 
municipal election held in the city of Boston in the year 
nineteen hundred and forty-nine shall hold office until, but 
only until, the qualification of a mayor elected under the 
provisions of sections eleven to twenty, inclusive, and sec- 
tions fifty-three to sixty-four, inclusive, of chapter four hun- 
dred and fifty-two of the acts of nineteen hundred and forty- 
eight, as amended by this act. 

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

Approved June 12, 1961. 



286 Acts, 1951. — Chaps. 377, 378, 379. 

Chap.S77 An Act authorizing the town of swampscott to retire 

AND pension WILLIS E. SHEPHARD. 

Be it enacted, etc., as follows: 

For the purpose of promoting the pubhc good, and in 
consideration of his long and meritorious service, the town 
of Swampscott, acting by its board of selectmen, may retire, 
upon an annual pension, WilHs E. Shephard, who has served 
said town faithfully for many years as dog officer. Said 
pension shall be in the amount of four hundred dollars per 
annum and shall be paid in equal monthly instalments. 

Approved June 12, 1951. 

Chap.37H An Act authorizing the conveyance of certain park 

LAND BY THE CITY OF LAWRENCE TO THE LAWRENCE 
HOUSING AUTHORITY FOR VETERANS' HOUSING PURPOSES. 

Be it enacted, etc., as follows. • 

Section 1. The conveyance by the city of Lawrence to 
the Lawrence Housing Authority, a body politic and cor- 
porate, of a portion of a certain park known as Bodwell park, 
now John J. Mullaney park, being a portion of a certain way 
known as Richmond street, so called, belonging to said city 
and designated as Parcel 12a on a plan entitled "Property 
Line Map, State Aided Housing Project, Lawrence Housing 
Authority, Lawrence, Commonwealth of Massachusetts, 
drawn by David J. McCracken, Sr., Surveyor, recorded in 
North Essex District Registry of Deeds on April 6, 1951, 
being Document No. 2355, and included in an Order of 
Taking recorded by said Lawrence Housing Authority in 
said Registry of Deeds on April 6, 1951, being Document 
No. 129, is hereby authorized, approved, ratified and con- 
firmed. The land so conveyed shall be used by said Au- 
thorit}^ exclusively for the construction, maintenance and 
operation of a veterans' housing project or projects under 
and in accordance with chapter one hundred and twenty-one 
of the General Laws. 

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

Approved June 12, 1951. 

Chap.S79 An Act relative to the payment of certain annuities 

TO .CERTAIN MEMBERS OF THE TEACHERS' RETIREMENT 
SYSTEM. 

Be it enacted, etc., as follows. • 

Ed K 32!" 13 Section 1. Subdivision (1) of section 13 of chapter 32 
etc!, amended', of the General Laws is hereby amended by striking out para- 
graph (a), as appearing in section 1 of chapter 658 of the acts 
of 1945, and inserting in place thereof the following: — 
TenSn^annui- (^) Payments under any annuity, pension or retirement al- 
lies, etc. 



Acts, 1951. — Chap. 380. 287 

lowance provided for under this chapter and in effect on 
December thirty-first, nineteen hundred and forty-five, shall 
continue to be due and payable in the same amounts, under 
the same conditions and at the same intervals of time as 
were in effect on such date, except that such payments to 
members of the teachers' retirement system shall be due and 
payable monthly, and the teachers' retirement board is 
authorized to increase on December first, nineteen hundred 
and fifty-one, if necessary, the annual rate of the retirement 
allowance of any such member of the teachers' retirement 
system by an amount not exceeding sixteen cents to provide 
equal monthly instalments of annuity and pension. 

Section 2. This act shall take effect on December first, 
nineteen hundred and fifty-one. Approved June 12, 1951. 



An Act authorizing the city of pittsfield to use cer- 
tain PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

The cit}^ of Pittsfield is hereby authorized to use for the 
erection of a pubHc school building and for other school uses, 
and for all purposes incidental thereto, the following premises 
now owned and held by said city for park, playground or 
recreation center purposes : — Beginning at a point in the 
easterly Hne of North street, at the southwest corner of land 
now or formerly of one Frederick G. Stebbins, and being 
also the northwest corner of the second parcel of land 
described in Land Court Transfer Certificate of Title No. 
1515 registered in the records of registered land at the Berk- 
shire Middle District Registry of Deeds in Book 8, page 457, 
and which is further described and identified in said Cer- 
tificate of Title as Lot B on a plan drawn by Barnes and 
Farnham, Surveyors, dated May 10, 1904, as approved by 
the Land Court, filed in the land registration office, a copy 
of a portion of which is filed with Certificate of Title No. 8 
in said Registry of Deeds; thence southerly along the 
easterly line of said North street, eight hundred fifty-one 
and three tenths feet to the southwesterly corner of said 
Lot B above mentioned; thence easterly in the southerly 
line of said Lot B above mentioned, and in an extension 
easterly of said line in a straight line, a total distance of one 
thousand four hundred twenty-one and two tenths feet dis- 
tant from said easterly line of North street; thence northerly 
a distance of about one thousand three hundred forty-seven 
and fifty-five one hundredths feet to a point in the southerly 
line of land of the Hillcrest Hospital, said point being three 
hundred thirty-nine and seven tenths feet easterly in said 
fine from the northeast corner of the land of said Stebbins; 
thence westerly in the southerly line of the land of the Hill- 
crest Hospital, a distance of three hundred thirty-nine and 
seven tenths feet to the northeast corner of the land of said 
Stebbins; thence southerly in the easterlj'- line of the land of 
said Stebbins, four tiundred ninety-four and three tenths 



Chap.SSO 



288 Acts, 1951. — Chap. 381. 

feet to the southeast corner of the land of said Stebbins, it 
being also the northeast corner of said Lot B mentioned 
above; thence westerly along the southerly line of the land 
of said Stebbins, it being also the northerly line of said 
Lot B mentioned above, a distance of one thousand one hun- 
dred sixty and three tenths feet to the place of beginning. 

The above description includes all of said Lot B men- 
tioned above, and which is the second parcel described in 
said Transfer Certificate of Title No. 1515, and in addition 
thereto it includes a portion of the land acquired by the city 
of Pittsfield from Anne Wilde Pierce by an Order of Taking 
adopted by the board of park commissioners of the city of 
Pittsfield on May 1, 1939, and recorded in the Berkshire 
Middle District Registry of Deeds in Book 482, page 377. 

Approved June 12, 1951. 



Chap.SSl 



An Act redefining the period of the present emer- 
gency IN THE SHORTAGE OF HOUSING AND THEREBY 
EXTENDING THE EXISTENCE OF THE EMERGENCY HOUSING 
COMMISSION AND THE BROADER POWERS OF LOCAL BOARDS 
OF APPEAL. 

^r^ambre"^ TT/iereas, The deferred operation of this act would tend to 

defeat its purpose, which is to continue without interruption 
the broader powers of local boards of appeal and the existence 
of the emergency housing commission during the period of 
the present emergency in the shortage of housing, therefore 
it is hereby declared to be an emergency law, necessarj^ for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 2 of chapter 592 of the acts of 1946, as most re- 
cently amended by section 1 of chapter 567 of the acts of 
1948, is hereby further amended by striking out, in line 3, 
the word "five" and inserting in place thereof the word: — 
six, — so as to read as follows : — Section 2. During the 
period of the present emergency, whicli, unless changed by 
the general court, shall be deemed to extend for a period of 
six years from the effective date of this act, a board of ap- 
peals of a city or town referred to or appointed under section 
thirty of chapter forty of the General Laws may grant a 
variance with respect to a particular parcel of land from the 
terms of an ordinance or by-law adopted under section 
twenty-five of said chapter forty under the following circum- 
stances and conditions: (1) That the application relates to 
the construction or alteration of a building designed to con- 
tain when the work thereon is completed a dwelling place or 
dwelling places. (2) That if the variance relates to the al- 
teration of an existing building so that it may accommodate 
more famiUes, the cubical content of the building and its 
width, length and height shall not be substantially increased, 
and its exterior shall be changed as little as possible. (3) That 
the variance may be granted without substantial detriment 



Acts, 1951. — Chap. 382. 289 

to the public good and without substantially derogating 
from the intent and purpose of such ordinance or by-law. 
(4) That the variance be granted without discrimination 
among applicants and as far as possible in accordance with 
the principles set forth in the fourth paragraph of section 
twenty-five of said chapter forty. 

Approved June 13, 1961. 



An Act authorizing the city of Cambridge to transfer QJ^q^j) 3C2 

TO THE METROPOLITAN DISTRICT COMMISSION A PORTION ^' 

OF MASSACHUSETTS AVENUE IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge is hereby authorized 
to convey to the metropolitan district commission by deed, 
without consideration, a portion of Massachusetts avenue in 
Cambridge shown on a plan dated February 10, 1932, 
drawn by Ed\\'in H. Rogers, to be recorded with said deed, 
such land being bounded and described, according to said 
plan, a.s follows: — Beginning at a point in northerly line of 
Memorial Drive at its intersection with the westerly line of 
Massachusetts avenue; thence, easterly by said northerly 
line of Memorial Drive ninety and twenty-five one hun- 
dredths (90.25) feet to a point in the westerly hne of Massa- 
chusetts avenue ; thence, turning and running southerly two 
hundred and fifty-five one hundredths (200.55) feet to a 
point in the face of the coping in the southerly Une of Memo- 
rial Drive; thence, turning and running westerly by said 
southerly line of Memorial Drive ninety and twenty-five 
one hundredths (90.25) feet to a point; thence, turning and 
running northerly parallel to and distant ninety (90.0) feet 
from the line above described as being two hundred and 
fifty-five one hundredths (200.55) feet long, two hundred 
and fifty-five one hundredths (200.55) feet to the point of 
beginning. Containing eighteen thousand fifty (18,050) 
square feet. All the above dimensions and area being more 
or less. 

The above described parcel of land is shown upon a plan 
entitled "Plan of Massachusetts Avenue from Harvard 
Bridge to the Northerly Side of Memorial Drive to be 
Transferred by the City of Cambridge to the Commonwealth 
of Massachusetts for Care and Control", dated February 10, 
1932, drawn by Edwin H. Rogers, Director of Park Engi- 
neering, M. D. C, a copy of which is on file in the office of 
the City Engineer, Cambridge, Massachusetts, being num- 
bered 6787. 

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

Approved June I4, 1951. 



290 Acts, 1951. — Chap. 383. 

C hap. S8S An Act to provide foe the proper care, custody and 

PRESERVATION OF FLAGS CARRIED IN TIME OF WAR BY 
ORGANIZATIONS OF MASSACHUSETTS MEN OR WOMEN IN 
THE MILITARY OR NAVAL SERVICE OF THE UNITED STATES 
AND TO MAKE THE ADJUTANT GENERAL THE CUSTODIAN 
THEREOF. 

Be it enacted, etc., as folloivs: 

Section 1. Notwithstanding any provision of law to 
the contrary, the adjutant general is hereby designated as 
the custodian of the flags carried in time of war by organi- 
zations of Massachusetts men or women in the military or 
naval service of the United States, which flags are now in the 
possession of the commonwealth or which in the future may 
come into such possession. 

Section 2. The adjutant general shall exercise proper 
care, custody and preservation of such flags, and shall, 
forthwith, conduct a survey and inventory of all such flags 
and all records pertaining thereto, and shall keep on file 
at all times, open to public inspection, such details con- 
cerning such flags and including such pictorial representations 
as he may deem proper, and shall give an account thereof, 
each year, in his annual report. 

Section 3. The adjutant general shall have supervision 
over the Hall of Flags, and all cases and cabinets therein, 
and over all cases and cabinets in Doric Hall or elsewhere 
in the state house wherein any such flags as are referred to 
herein are now or may in the future be on pubHc display. 
The state superintendent of buildings shall render to the 
adjutant general such assistance and services as said ad- 
jutant general may require in the maintenance, repair, 
pohcing and general upkeep of the said Hall of Flags and 
the said cases and cabinets, and said state superintendent 
of buildings shall, forthwith, turn over to said adjutant 
general all records, documents, memoranda and other 
papers relating to the Hall of Flags and said cases and 
cabinets, and flags now in his custody. 

Section 4. The adjutant general may provide proper 
streamers and marks of insignia for identification of any 
of the flags referred to herein. The standard given to the 
regiment of Massachusetts volunteers in Mexico by General 
Winfield Scott, and now in the quarters of the senate, shall 
be retained therein, and the adjutant general shall cause a 
proper case or cabinet to be provided therefor. In the 
event that other flags of the Mexican War, the Civil War, 
the Spanish-American War or World War I shall come into 
the possession of the commonwealth, the adjutant general 
shall cause suitable provision to be made for their preserva- 
tion with the other flags of the respective units involved. 
In the event that flags of World Wai^ II shall come into the 
possession of the commonwealth, the adjutant general shall 
cause proper cases or cabinets to be provided therefor, 
either in the Hall of Flags or in Doric Hall. 



Acts, 1951.— Chaps. 384, 385. 291 

Section 5. The flags referred to herein shall not be 
removed from the state house without the express permission 
of the general court. 

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

Approved June 14, 1951. 

An Act providing for the cancellation of inactive Qfidj) 334 

PERMITS HELD BY CONTRACT CARRIERS OF PROPERTY BY 
MOTOR VEHICLE. 

Whereas, The deferred operation of this act would in part ^^ambiT^ 
defeat its purpose, which is to make it effective on July first ^'^*'*"" 
in the current year, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 159B of the General gj^fjg^g 
Laws, as amended, is hereby further amended by adding at § 4", etc.. 
the end the following paragraph : — amended. 

Any contract carrier by motor vehicle, who, during any cancellation 
period of not less than one year since the first day of July, pe/mlft 
nineteen hundred and fifty-one, fails or has failed to render certain oon- 
any part of the service authorized by his permit, except for *"^''*'* °*^«**- 
the reason that the ways over which he must operate are 
impassable because of floods, conditions of the highway or 
for other reasonable causes, shall be deemed to have aban- 
doned that part of the service authorized by his permit, and 
if, after a hearing, the department finds that such carrier has 
so failed to render service in accordance with his permit, 
and not for any reason set forth in the foregoing exceptions, 
his rights thereto, to the extent of his failure to render serv- 
ice, shall be forfeited and the department shall reissue his 
permit subject to the resulting limitations. 

Section 2. This act shall take effect on July first, nine- Effective 
teen hundred and fifty-one. Approved June I4, 1951. ^^^^ 

An Act authorizing the city of Worcester to borrow Phny 355 

money for converting private ways into PUBLIC WAYS. l^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of converting private ways 
into public ways and the laying out and construction thereof, 
the city of Worcester may borrow, from time to time within 
a period of five years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, three 
milhon five hundred thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Worcester Street Improvement Loan, Act of 1951. Each au- 
thorized issue shall constitute a separate loan, and such loans 
shall be payable in not more than ten years from their dates, 
but no loan shall be authorized in any year under this act 
unless a sum equal to twenty-five cents on each one thou- 



292 Acts, 1951. — Chap. 386. 

sand dollars of the assessed valuation of the city of Worcester 
for the preceding year, exclusive of the value of motor vehi- 
cles, has been appropriated from available revenue funds or 
voted to be raised by taxation for the same purpose. Indebt- 
edness incurred under this act shall be in excess of the amount 
authorized by chapter two hundred and eleven of the Special 
Acts of nineteen hundred and sixteen, as amended by chapter 
one hundred and thirty-eight of the acts of nineteen hun- 
dred and twenty, and in excess of the amount authorized by 
chapter forty-four of the General Laws. 

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

Approved June 14, 1951. 



Chap. 386 An Act continuing certain taxes in order to provide 

FUNDS FOR certain NECESSARY STATE ACTIVITIES. 

Eme^ency Whcreas, The additional revenue which will be- provided 

by the provisions of this act is urgently needed, 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 1 of chapter 674 of the acts of 1949 
is hereby amended by striking out the last sentence and in- 
serting in place thereof the following : — This section shall 
apply only to taxes levied in or on account of the calendar 
years nineteen hundred and fifty, nineteen hundred and 
fifty-one, nineteen hundred and fifty-two and nineteen hun- 
dred and fifty-three. The surtaxes imposed upon corpora- 
tions of the classes named in this section by section nine of 
chapter seven hundred and twenty-nine of the acts of nine- 
teen hundred and forty-one and by section two of this act 
shall apply to the taxes imposed by this section. 

Section 2. Said chapter 674 is hereby further amended 
by striking out section 2 and inserting in place thereof the 
following: — Section 2. There is hereby imposed, in addi- 
tion to the taxes levied under the provisions of chapter sixty- 
two of the General Laws, and all acts in amendment thereof 
and in addition thereto, and taxes levied under the pro\a- 
sions of sections thirty to sixty, inclusive, of chapter sixt}^- 
three of the General Laws, and all acts in amendment thereof 
and in addition thereto, an additional tax equal to twenty 
per cent of the taxes levied under the pr9visions of said sec- 
tions, acts and chapters in or on account of each of the cal- 
endar years nineteen hundred and fifty, nineteen hundred 
and fifty-one, nineteen hundred and fifty-two and nineteen 
hundred and fifty-three, and all provisions of law relative to 
the assessment, payment, collection and abatement of said 
taxes shall apply to the taxes imposed by this section. 

Section 3. Section 3 of said chapter 674 is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following: — All propei-ty subject to a 
legacy and succession tax under the provisions of chapter 



Acts, 1951. — Chap. 386. 293 

sixty-five of the General Laws, and of any further amend- 
ments thereof or additions thereto, shall be subject to an 
additional tax of twenty per cent of all taxes imposed by said 
provisions with respect to property or interests therein pass- 
ing or accruing upon the death of persons who died during 
the period beginning January first, nineteen hundred and 
fifty, and ending December thirty-first, nineteen hundred 
and fifty-three. 

Section 4. Said chapter 674 is hereby further amended 
by striking out section 4 and inserting in place thereof the 
following: — Section 4- There is hereby imposed, in addi- 
tion to the taxes levied under the provisions of chapter sixty- 
three A of the General Laws, and all acts in amendment 
thereof and in addition thereto, an additional tax equal to 
twenty per cent of the taxes assessed under the provisions 
of said chapter and acts in or on account of each of the cal- 
endar years nineteen hundred and fifty, nineteen hundred 
and fifty-one, nineteen hundred and fifty-two and nmeteen 
hundred and fifty-three, and all provisions of law relative to 
the assessment, payment, collection and abatement of the 
said taxes shall apply to the taxes imposed by this section. 

Section 5. Said chapter 674 is hereby further amended by 
striking out section 7, as amended by chapter 823 of the 
acts of 1950, and inserting in place thereof the following: — 
Section 7. Notwithstanding the provisions of section two of 
chapter sixtj^-three of the General Laws, as most recently 
amended by section three of chapter five hundred and nine 
of the acts of nineteen hundred and forty-one, every bank 
taxed thereunder shall pay annually a tax assessed in the 
calendar years nineteen hundred and fifty, nineteen hundred 
and fifty-one, nineteen hundred and fifty-two and nineteen 
hundred and fifty-three, measured bj' its net income, as de- 
fined in section one of said chapter sixty-three at the rate 
assessed upon other financial corporations; provided, that 
such rate shall not be higher than the highest of the rates 
assessed upon mercantile and business corporations doing 
business in the commonwealth; and proxnded, further, that 
such rates shall not be higher than eight per cent. During 
the period that the provisions of this section are in effect, 
trust companies having a savings department shall not be 
subject to the excise imposed by section eleven of said chap- 
ter sixty-three, nor to the requirements of sections eleven to 
sixteen, inclusive, of said chapter sixty-three. 

Section 6. Said chapter 674 is hereby further amended 
by striking out section 8 and inserting in place thereof the 
following : — Section 8. Notwithstanding the provisions of 
section twenty-two of chapter sixty-three of the General 
Laws, as most recently amended by section one of chapter 
three hundred and eighty-seven of the acts of nineteen hun- 
dred and forty-six and in lieu thereof, every domestic insur- 
ance company coming within the scope of the definition of a 
domestic company in section one of chapter one hundred and 
seventy-five of the General Laws, except life insurance com- 



294 Acts, 1951. — Chap. 387. 

panics with respect to business taxable under section twenty, 
and marine, or fire and marine, insurance companies with 
respect to business taxable under section twenty-nine A, 
shall annually pay for the years nineteen hundred and fifty, 
nineteen hundred and fifty-one, nineteen hundred and fifty- 
two and nineteen hundred and fifty-three an excise of two 
per cent upon the gross premiums for all policies written or 
renewed, all additional premiums charged, and all assess- 
ments made by such company on pohcyholders during the 
preceding calendar year, exclusive of reinsurance; but such 
premiums and assessments for policies written or renewed 
for insurance, exclusive of reinsurance, of property or inter- 
ests in other states or countries where a tax is actually paid 
by such company, or its agents, shall not be so taxed. 

Section 7. Section 10 of said chapter 674 is hereby 
amended by striking out the first five lines and inserting in 
place thereof the following : — There is hereby imposed an 
additional excise on the sale of alcoholic beverages and alco- 
hol, other than malt beverages, for the period beginning 
July first, nineteen hundred and forty-nine, and ending June 
thirtieth, nineteen hundred and fifty-three, as follows: — 

Section 8. Section 1 of chapter 608 of the acts of 1950 
is hereby amended by striking out the third sentence and 
inserting in place thereof the following : — This section shall 
apply only to taxes levied in or on account of the calendar 
years nineteen hundred and fifty -one, nineteen hundred and 
fifty-two and nineteen hundred and fifty-three. 

Section 9. Section 1 of chapter 771 of the acts of 1949 
is hereby amended by striking out the first sentence and in- 
serting in place thereof the following sentence: — In addition 
to the excise tax imposed by chapter sixty-four C of the 
General Laws, and in addition to the additional excise tax 
imposed by section nine of chapter seven hundred and thirty- 
one of the acts of nineteen hundred and forty-five, there is 
hereby imposed a further additional excise tax of one half 
of one mill for each cigarette sold in the commonwealth dur- 
ing the four-year period beginning September first, nineteen 
hundred and forty-nine, the same to be levied and collected 
as provided in said chapter sixty-four C, and the provisions 
of said chapter shall apply to said further additional excise 
to the same extent as to the normal excise levied thereunder. 

Approved June 14, 1951. 

Chap.S87 An Act relative to the uniform of certain employees 
OF the division of law enforcement of the depart- 
ment OF conservation. 

Emergency Whereas, The deferred operation of this act would in 

preamble. p^^ ^^^^ ^^ defeat its purposc, which is to make immedi- 
ately effective certain regulations prescribing a standard 
form of uniform, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 



Acts, 1951. — Chaps. 388, 389. 295 

Be it enacted, etc., as follows: 

Chapter 21 of the General Laws is hereby amended by g. l. (Xer. 
inserting after section 5 the follo-vi-ing section: — Section 5 A. fli'.^'d^* 
The director of the division of law enforcement may, with Director may 
the approval of the commissioner, prescribe by rules and standard 
regulations a standard form or forms of uniform to be worn uniform for 
by members of the enforcement units. Such uniform or any unit'"^""* 
distinctive part thereof so prescribed shall be worn only by 
personnel of said division entitled thereto under said rules 
and regulations. Violation of this section shall be punished 
by a fine of not less than ten nor more than one hundred 
dollars. Approved June I4, 1951. 

An Act extending the time within which veterans of Chav. 3S8 

■WORLD WAR n ARE EXEMPT FROM CERTAIN REQUIREMENTS 
OF LAW AS TO EDUCATIONAL OR EXPERIENCE QUALIFICA- 
TIONS FOR AUTHORITY TO ENGAGE IN A TRADE OR OCCUPA- 
TION. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to immediately exempt veterans p'"^™*''^- 
of World War II from certain requirements of law as to the 
educational or experience quahfications of apphcants for 
authority to engage in a trade or occupation, 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: 

So much of the provisions of any law relative to the 
granting of licenses or permits to persons for authority to 
engage in any trade or occupation as became effective on or 
after September sixteenth, nineteen hundred and forty and 
originally imposed upon apphcants therefor educational or 
experience qualifications, or made educational or experience 
qualifications already imposed thereon more strict, shall not 
apply to apphcants for such hcenses or permits who shall 
have served in the armed forces of the United States during 
World War II and make application therefor within four 
years after their discharge or release, other than a dishon- 
orable one, from such service, or within one year after the 
effective date of this act, whichever is the later. Such 
apphcants shall be subject only to such educational and 
experience qualifications as were required by the provisions 
of law in force immediately prior to said September sixteenth, 
nineteen hundred and forty. Approved June I4, 1951. 

An Act authorizing the county commissioners of (Jfidj) 339 

BRISTOL COUNTS' TO ACQUIRE LAND AND ERECT AND FUR- 
NISH AN ADDITION TO THE SUPERIOR COURT HOUSE IN THE 
CITY OF NEW BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Chapter 332 of the acts of 1950 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . The county 



296 Acts, 1951. — Chap. 390. 

commissioners of Bristol county are hereby authorized to 
raise and expend a sum not exceeding three hundred thousand 
dollars for the taking of land described in section one A and 
for the erection thereon and on land now owned by said 
county in the city of New Bedford of an addition to the 
superior court house located 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 county, together with a 
court room for said court, for providing reasonably con- 
venient quarters for women jurors and for providing addi- 
tional space for the law library now located in said court 
house. 

Section 2. Said chapter 332 is hereby further amended 
by inserting after section 1 the following two sections : — 
Section lA. The county commissioners of Bristol county 
are hereby authorized to acquire, by purchase or otherwise, 
a parcel of land with the buildings thereon lying southerly 
from and adjoining land now occupied and owned by the 
county of Bristol and occupied by the superior court house 
in the city of New Bedford in said county. Said parcel 
being a part of the property now or formerly of Frank 
Kulesza, and being approximately eighty-nine feet by sixty 
feet and containing approximately twenty-four square rods, 
and to be used for additional courthouse facilities. For said 
purposes, the county commissioners may expend out of any 
appropriation for building county building and purchase of 
land, a sum not exceeding twenty thousand dollars. 

Section IB. The county commissioners of Bristol county 
are hereby authorized to sell bonds in the amount of one 
hundred and twenty-five thousand dollars plus any ac- 
cumulated interest, now held in the Post- War Rehabilitation 
Fund, estabhshed under the provisions of chapter five of the 
acts of nineteen hundred and forty-three. The proceeds of 
such sale may be used for the purposes of this chapter. 

Section 3. Section 2 of said chapter 332 is hereby 
amended by striking out, in line 6, the words "one hundred 
and twenty-five" and inserting in place thereof the words: — 
one hundred and seventy-five. Approved June IJf, 1951. 

Chap. 3^0 An Act relative to residence requirements on aid to 

DEPENDENT CHILDREN. 

Be it enacted, etc., as follows. • 

Ed V 1 /s "^ (> -> Section 2 of chapter 1 18 of the General Laws, as most re- 
etc^.'amemied'. ccutly amended by chapter 418 of the acts of 1948, is hereby 
further amended by striking out the first sentence and in- 
Aid to serting in place thereof the following sentence : — In every 

ch5d?i°^ town the board of public welfare, subject to the supervision 
of the department and in compliance with the rules and 
regulations adopted by the department pursuant to the pro- 
visions of this chapter, shall aid eveiy parent in properly 
bringing up, in liis or her own home, each dependent child 



Acts, 1951.— Chaps. 391, 392. 297 

if such parent is fit to bring up such child, but no aid shall be 
granted under this chapter for or on account of any child 
unless (1) such child has resided in the commonwealth one 
year immediately preceding the application for such aid, or 
(2) such child was born within one year immediately pre- 
ceding such application, if its parent has resided in the com- 
monwealth for one year immediately preceding the birth. 

Approved June 14, 1951. 

An Act designating the infirmary building at the nhn^ qqi 

BELCHERTOWN STATE SCHOOL AS THE McPHERSON MEM- ^' 

ORIAL INFIRMARY. 

Be it enacted, etc., as follows: 

The infirmary building at the Belchertown state school 
shall be known and designated as the McPherson Memorial 
Infirmary as a tribute to the late Dr. George E. McPherson, 
who retired from the service of the commonwealth on June 
fifteenth, nineteen hundred and forty-three, after serving 
more than twenty years as the fii'st superintendent of said 
school. The commissioner of mental health shall cause a 
suitable tablet bearing said designation and commemorating 
said service to be erected within the said building, and he 
shall also cause suitable lettering to be placed upon the out- 
side of said building bearing said designation. 

Approved June 14, 1951. 

An Act relative to the exclusion of persons or estates c;hn^ 390 

FROM fire districts. ^' 

Be it enacted, etc., as follows: 

Section 79 of chapter 48 of the General Laws, as amended Edt'48^'79 
by chapter 133 of the acts of 1948, is hereby further amended etc!,*amMided'. 
by inserting after the word "district", in line 12, the words: 
— ; and provided, further, that such exclusion shall not be 
granted by the district if the petitioner or his estate is so 
situated as to be able to benefit either from the fire facilities 
or the water facilities owned by the district, — so that the 
first sentence will read as follows : — A district, at a meeting Districts may 
called therefor, may annex adjacent territory and its in- or'^MtllM^"'*^ 
habitants, if a majority of the voters of said territory petition 
therefor, defining the hmits thereof; or may, on the peti- 
tion of any person, with the ass&nt of the town containing 
such district, exclude him or his estate therefrom; provided, 
however, that such exclusion shall be granted by the dis- 
trict without such assent of the towTi if the petitioner or his 
estate is so situated as to be unable to benefit from any fire 
or water facihties owned by the district, or is so situated as 
to be more accessible to the fire or water facilities of another 
fire district; and provided, further, that such exclusion shall 
not be granted by the district if the petitioner or his estate 
is so situated as to be able to benefit either from the fire 
facilities or the water facilities owned by the district. 

Approved June I4, 1951. 



298 



Acts, 1951.— Chaps. 393, 394, 395. 



G. L. (Ter. 
Ed.). 146. 
§ 67, etc., 
amended. 

License iu 
force for two 
years unless 
suspended or 
revoked. 



Chap.3Q3 An Act further regulating the issuance of licenses 
OF engineers, firemen or operators of hoisting 
machinery. 
Be it enacted, etc., as follows: 

Chapter 146 of the General Laws is hereby amended by 
striking out section 67, as most recently amended by chap- 
ter 180 of the acts of 1946, and inserting in place thereof the 
following section : — Section 67. A license shall continue in 
force for two years from the date of issue unless suspended 
or revoked for incompetence or untrustworthiness of the 
licensee, except that a special hcense shall not continue in 
force after the holder thereof ceases to be employed in the 
plant specified in the hcense. The fee for the renewal of a 
hcense shall be four dollars. Licenses not renewed at expira- 
tion date shall become void, and shall be reinstated only by 
re-examination of the licensee. A notice of the date of ex- 
piration of a hcense shall, at least thirty days prior to such 
date, be sent to the hcensee. The inspector of the division 
for the town where a licensee resides may issue a renewal 
license. A person whose license is suspended or revoked 
shall surrender his hcense to the chief or an inspector of the 
division. If a new license of a different grade is issued, the 
old license shall be destroyed by the examiner. 

Approved June 14, 1951. 



C/wzp.394 An Act providing that inmates of penal institutions 

MAY BE permitted TO ATTEND THE FUNERALS OF CERTAIN 
relatives AND VISIT SUCH RELATIVES IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter 127 of the General Laws is hereby amended by 
striking out section 90A, as amended by chapter 65 of the 
acts of 1938, and inserting in place thereof the following : — 
Section 90 A. The warden, superintendent or officer in 
charge of any prisoner may permit, in the custody of an 
officer of the institution, such prisoner to attend the funeral 
of his father, mother, child, brother, sister, husband or wife 
within the commonwealth, or to visit such relative during 
his illness upon certification by a physician that death be 
imminent, under such conditions and rules as the warden, 
superintendent or officer in charge may prescribe. Any ex- 
penses incurred under the provisions of this section shaU be 
paid by the institution wherein the prisoner is imprisoned. 

Approved June 14, 1951. 



G. L. (Ter. 
Ed.), 127, 
§ 90A, etc., 
amended. 

Attendance 
at funerals b. 
inmates of 
penal insti- 
tution.s. 



C/ia». 395 An Act providing for the granting without fee to 

BLIND PERSONS OF SPECIAL LICENSES TO ACT AS HAWKERS 
OR PEDLERS. 

Be it enacted, etc., as folloxos: 
G. L. (Ter. Section 24 of chapter 101 of the General Laws, as most 

§ 24," ltl\ recently amended by section 4 of chapter 493 of the acts of 
amended. 1948, is hereby further amended by inserting after the word 



Acts, 1951. — Chap. 396. 299 

"service", in line 11, as appearing in section 1 of chapter 
493 of the acts of 1945, the words : — , and to any bUnd per- 
son resident in the commonwealth and approved by the 
director of the division of the blind, — so that the first sen- 
tence will read as follows : — The director may grant without Special state 
fee, on pi*oof of identity, a special state or county hcense to uceM^o^ 
act as hawker or pedler, subject otherwise to this chapter, to pg^'^'^na. 
any soldier or sailor resident in the commonwealth for a 
period of not less than one year immediately preceding the 
date of apphcation for such hcense who served in the army or 
navy of the United States during World War I or World 
War II and received an honorable discharge or a release 
therefrom, and who is wholly or partly disabled by reason 
of wounds or injury received, or disease contracted, during 
such service, and to any blind pei-son resident in the com- 
monwealth and approved by the director of the division of 
the bhnd; provided, that no hcense under this section shall 
authorize the holder thereof to act as hawker or pedler on any 
public street or sidewalk in any city or town unless and 
untn he shall have received wTitten authority so to do from 
the chief of pohce or other official having charge of the 
pohce therein. Approved June 14, 1951. 

An Act authorizing the county commissioners of the nhnji qqa 

COUNTY OF PLYMOUTH TO PARTICIPATE IN CO-OPERATIVE ^' 

SHORE PROTECTION AND REPAIR OF DAMAGE IN CERTAIN 
TOWNS IN SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Plymouth are hereby authorized to participate in the work 
of shore protection and repair of damage done by storms in 
certain towns in said county, and for such purpose may pay 
such sums as may be necessary, not to exceed twenty-five 
per cent of the cost of such work, in co-operation with the 
commonwealth and with the towns in which such work is 
done, or in co-operation with the commonwealth and said 
towns and the federal government. 

Section 2. For the purpose aforesaid, the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county such sums as 
may be necessary, not exceeding, in the aggregate, eighty 
thousand dollars, and may issue bonds or notes of the county 
therefor, which shall bear on their face the words Plymouth 
County Shore Protection Loan, Act of 1951. Each author- 
ized issue shall constitute a separate loan and such loans 
shall be payable not more than five years from their dates. 
The bonds or notes shall be signed by the county treasurer 
and countersigned by a majority of the county commis- 
sioners. The county may sell the said securities at pubhc 
or private sale, upon such terms and conditions as the county 
commissioners may deem proper, but not for less than their 
par value. Indebtedness incurred hereunder shall, except 



300 Acts, 1951. — Chap. 397. 

as herein provided, be subject to chapter thirty-five of the 
General Laws. 

Section 3. The county treasurer of said county, with 
the approval of the county commissioners, may issue tem- 
porary notes of the county, payable in not more than one 
year from their dates, in anticipation of the serial bonds or 
notes under this act, but the time within which such serial 
bonds or notes shall become due and payable shall not, by 
reason of such temporary notes, be extended beyond the 
time fixed by this act. Any notes issued in anticipation of 
the serial bonds or notes shall be paid from the proceeds 
thereof. 

Section 4. In the event that any work authorized by 
section one is performed by the commonwealth or by a town 
the money to be contributed by the county of Plymouth 
shall be paid into the state treasuiy or the town treasury 
from time to time as requested by the state department of 
public works or by the department, board or ofiicer of the 
town having similar powers and duties, as the case may be, 
but no such work shall be commenced until the contribution 
or contributions so requested have been so paid and no 
money so contributed shall be used for any other purpose. 

Section 5. This act shall take full effect upon its ac- 
ceptance, during the current year, by the county commis- 
sioners of the county of Plymouth, but not otherwise. 

Approved June 14, 1951. 



C hap. S97 An Act providing that the supervisor of public records 

SHALL be a member OF THE BOARD AUTHORIZED TO SELL 
OR DESTROY CERTAIN BOOKS AND RECORDS OF THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows. • 
G. L. (Ter. Chapter 30 of the General Laws is hereby amended by 

fttjamended. Striking out scctlon 42, as most recently amended by chap- 
ter 21 of the acts of 1948, and inserting in place thereof the 
Disposal of following section: — Section ^2. The state librarian or a 
ob^dete*^ **"'' person in his department designated by him, an assistant 
re«jyd8,^^^ attorney general designated by the attorney general, the 
supervisor of public records and the chairman of the corn- 



document 

etc. 



Supervisor missiou on administration and finance or a person in his 
records'to be department designated by him, acting as a board, after 
board.*^'^ °' consultatiou with the chairman of any board or commission 
or the head of any department or institution which may be 
interested, may, either of their own motion or upon the 
request of said chairman or head, sell any duplicate volumes 
or documents, the property of the commonwealth, which 
are held in the state library or any other department, and 
sell or destroy, from time to time, obsolete or worthless 
records, books and documents, and sell or destroy vouchers 
after the expiration of ten years from the date of payment 
thereof, and destroy books and papers of insolvent insurance 



Acts, 1951. — Chaps. 398, 399. 301 

companies deposited with the commissioner of insurance 
under section one hundred and seventy-eight of chapter one 
hundred and seventy-five, after the expiration of six years 
from the date of such deposit. At least thirty days before 
selUng or destroying any such records, books, vouchers or 
documents, the board shall publish in a daily newspaper in 
Boston a notice of its intention so to do, containing a brief 
description or summary of the articles to be sold or destroyed, 
and it shall give such other and further notice as it deems 
advisable to historical societies or persons interested in the 
matter. It may, and upon petition of twenty-five or more 
citizens of the commonwealth shall, before selling or destroy- 
ing any particular records, books, vouchers or documents, 
give a public hearing to all persons interested, and ten days' 
notice of such hearing shall be given in a daily newspaper 
published in Boston. Any money received from sales under 
this section shall be paid to the commonwealth. 

Approved June 14, 1951. 

An Act further regulating the fee for a license as an Q^qj) 393 

inspector of boilers for an insurance company. ^' 

Be it enacted, etc., as follows: 

Section 60 of chapter 146 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by j^g^; im^nded. 
striking out, in line 4, the word "fifteen" and inserting in 
place thereof the word : — twentj^ — so as to read as follows : 
— Section 60. The application of a person desiring to act as AppUcation 
inspector of boilers for an insurance company shall be accom- ^°^ license. 
panied by a written request of said company for an examina- 
tion of such person, together with a fee of twenty dollars. 

Approved June I4, 1951. 

An Act relative to the number of great ponds which ChoLV 399 

^LA.Y BE occupied BY THE DIRECTOR OF THE DIVISION OF 
FISHERIES AND GAME FOR PURPOSES OF SCIENTIFIC STUDY 
OR EXPERIMENT. 

Be it enacted, etc., as follows: 

Section 14 of chapter 131 of the General Laws is hereby g. l. (Ter. 
amended by striking out the sixth paragraph, inserted by §^4; ^^^' 
chapter 400 of the acts of 1948, and inserting in place thereof etc amended, 
the following paragraph : — 

Occupy not more than four great ponds within the com- Taking of 
inon wealth at any one time for the purpose of scientific study ^^^' ''^euiated. 
or experiment ; make rules and regulations relative to fishing 
within said waters, such rules and regulations being subject 
to section thirty-seven of chapter thirty; provide a penalty, 
consisting of a fine not to exceed twenty dollars, for any vio- 
lation 'of any such rule or I'egulation; and from time to time 
close or open such waters, or any part thereof, for fishing; 
provided, that no great pond shall be occupied as aforesaid 
unless notice of such proposed occupation shall have been 



302 Acts, 1951. — Chaps. 400, 401, 402. 

given, at least thirty days prior thereto, by the director to 
the mayor of the city and the selectmen of the town where 
the pond is located, and the director shall have held a pubUc 
hearing with respect thereto upon a petition therefor signed 
by not less than twenty-five persons. 

Approved June 14, 1951. 

ChapAOO An Act providing for the removal from civil service 

OF THE OFFICE OF CHIEF, AND THE POSITIONS OF REGULAR 
AND CALL MEMBERS, OF THE FIRE DEPARTMENT OF THE 
TOWN OF WRENTHAM. 

Be it enacted, etc., as follows: 

Section 1. The provisions of the civil service laws and 
rules shall no longer apply to the office of chief, and the posi- 
tions of regular and call members, of the fire department of 
the town of Wrentham. 

Section 2. This act shall be submitted for acceptance to 
the voters of said town at the annual town meeting in the 
year nineteen hundred and fifty-two in the form of the follow- 
ing question, which shall be placed upon the official ballot 
to be used for the election of town officers at said meeting: 
"Shall an act passed by the General Court in the year nine- 
teen hundred and fifty-one, entitled 'An Act providing for 
the removal from civil service of the ofiice of chief, and the 
positions of regular and call members, of the fire department 
of the town of Wrentham', be accepted?" If a majority of 
the votes in answer to said question is in the afiirmative, this 
act shall thereupon take full effect, but not otherwise. 

Approved June 14, 1951. 

ChapAOl An Act authorizing the department of public works 

TO ADVERTISE FOR SEALED PROPOSALS FOR WORK UNDER 
ITS SUPERVISION. 

Be it enacted, etc., asfolloios: 
G^L. (Ter The first sentence of section 8 A of chapter 29 of the Gen- 

eto!, 'amended.' eral Laws, as amended by section 1 of chapter 547 of the 
acts of 1941, is hereby further amended by adding at the 
end thereof the following : — ; and provided, further, that 
in the case of work under the supervision or control of the 
department of pubhc works, the commissioner of pubhc 
works shall prescribe the newspaper or newspapers and/or 
trade periodical or periodicals in which said notice shall be 
published, having regard to the locality of the work involved. 

Approved June 14, 1951. 

ChapA02 An Act authorizing the city of boston to lay out a 

public way over certain LAND OF THE COMMONWEALTH. 

Be it enacted, etc., as folloios: , 

For the purpose of widening Brookhne avenue between 
Fenwood road and the Riverway in the city of Boston, said 
city, acting by and through its board of street commissioners, 



Acts, 1951. — Chaps. 403, 404. 303 

with the approval of its mayor, may, without becoming liable 
to the commonwealth for damages, take by eminent domain 
under chapter seventy-nine of the General Laws for pubUc 
way purposes an easement in such land belonging to the 
commonwealth as the commissioner of mental health, with 
the approval of the governor and council, may designate. 

Approved June 14, 1951. 

An Act to clarify the law relating to the commence- Qfidj) 493 

MENT OF ACTIONS ARISING OUT OF TORT AND CONTRACT. ^' 

Be it enacted, etc., as folloivs: 

Chapter 231 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 1, as appearing in the Tercentenary ne'^w i^la'. 
Edition, the following section: — Section lA. Causes of ac- added, 
tion may be commenced and joined in a single writ when mentTf'"'^" 
they arise out of the same matter. actions. 

Approved June I4, 1951. 

An Act further defining group life insurance and (7/ia7?.404 

THE terms used IN CONNECTION THEREWITH. 

Be it enacted, etc., as follows: 

Section 1. Section 133 of chapter 175 of the General Ed.xiK'" 
Laws, as amended, is hereby further amended by striking § 133, etc., 
out clause (a), as most recently amended by chapter 54 of '''"®°^^- 
the acts of 1948, and inserting in place thereof the following 
clause : — (a) not less than twenty-five employees, with or Group life 
without medical examination, written under a policy issued f^Se?"^' 
to the employer, or to the trustees of a fund established by defined, 
the employer, the premium on which is to be paid by the 
policyholder, either wholly from the employer's funds or 
funds contributed by him, or partly from such funds and 
partly from funds contributed by the insured employees, 
and insuring only all of the emplo3^ees of the employer, or 
all of any class or classes thereof determined by conditions 
pertaining to their employment, or by duration of service 
in which case no employee shall be excluded if he has been 
for one year or more in the employ of the employer, or for 
such period longer than one year as may be required by any 
pension plan under or in connection with which the pohcy 
is taken out, for amounts of insurance based upon some plan 
precluding individual selection, and for the benefit of persons 
other than the employer, provided, that when part of the 
premium is to be derived from funds contributed by the 
insured employees and the benefits of the poUcy are offered 
to all eligible employees, not less than seventy-five per cent 
of such employees may be so insured, or not less than forty 
per cent if each employee belonging to the insured group has 
been medically examined and found acceptable for ordinary 
insurance by an individual policy; or 

Section 2. Said section 133 of said chapter 175, as o. l. (Ter. 

' Ed.). 176, 



304 



Acts, 1951.— Chap. 404. 



§ 133, etc. 

further 

amended. 



Group 

insurance for 
members of 
trade unions. 



G. L. (Ter. 
Ed.), 175, 
§ 133, etc., 
further 
amended. 



Group 

insurance for 
industries, 
trade unions, 
etc. 



amended, is hereby further amended by striking out clause 
(b), as amended by section 1 of chapter 424 of the acts of 
1943, and inserting in place thereof the following clause: — 
(fo) the members of any trade union or other association of 
wage workers described in section twenty-nine, with or 
without medical examination, written under a policy issued 
to such union or association, the premium on which is to be 
paid by the union or association or by the union or associa- 
tion and the members thereof jointly, and insuring all of the 
members of such union or association, or all of any class or 
classes thereof determined by conditions pertaining to their 
employment, or to membership in such union or association, 
or to both, for amounts of insurance based upon some plan 
which will preclude individual selection, and for the benefit 
of persons other than the union or association or any officers 
thereof, provided, that when the premium is to be paid by 
the union or association and its members jointly and the 
benefits of the policy are offered to all eligible members, 
not less than seventy-five per cent of such members may be 
so insured, and provided further that any member or mem- 
bers insured under the policy may apply for amounts of 
insurance additional to those granted by said policy, in 
which case any percentage of the members may be insured 
for additional amounts if they pass satisfactoiy medical 
examinations; or 

Section 3. Said section 133 of said chapter 175, as 
amended, is hereby further amended by striking out clause 
(e), as most recently amended by chapter 195 of the acts 
of the current year, and inserting in place thereof the follow- 
ing clause : — ; or (e) all the employees of two or more em- 
ployers in the same industry, or the members of one or more 
trade unions or associations of wage workers described in 
section twenty-nine, or the employees of one or more em- 
ployers in the same industry and the members of one or 
more such trade unions or such associations, or all of any 
class or classes thereof determined by conditions pertaining 
to their employment, or to membership in the union or 
unions or association or associations, or to both, with or 
without medical examination, written under a policy issued 
to the trustees of a fund established by two or more em- 
ployers in the same industry or by one or more such trade 
unions or such associations, or by one or more employers 
and one or more such trade unions or associations, which 
trustees shall be deemed to be the policyholder, the premium 
on which is to be paid by the trustees, either wholly from 
funds contributed by the employer or employers of the 
insured persons, or by the union or association or unions 
or associations, or by both, or, with respect to a poficy 
issued to the trustees of a fund established by one or more 
employers and one or more such trade unions or associations, 
partly from such funds contributed by the employers, unions 
or associations, or both, and partly from funds contributed 
by the insured persons specifically for their insurance, for 



Acts, 1951. — Chap. 404. 305 

amounts of insurance based upon some plan precluding 
individual selection either by the insured persons or by the 
pohcyholder, or employers, or union or unions or association 
or associations, and for the benefit of persons other than the 
employer or employers, or the union or unions or association 
or associations or any officers thereof, provided that when 
part of the premium is to be contributed by the insured 
persons specifica% for their insurance and the benefits of 
the pohcy are offered to all eligible persons, not less than 
seventy-five per cent of such eligible employees of the 
employer or employers or of such eligible members of the 
union or unions or association or associations, who remit 
funds for premium payments to the trustees may be so in- 
sured; provided that the policy shall, at date of its issue, 
cover at least one hundred persons. 

Section 4. Said chapter 175 is hereby further amended ^jV |^|^ 
by striking out section 134 and inserting in place thereof § 134, 
the following section: — Section 134- No pohcy of group life '*'"^"'^''d 
insurance shall be issued or dehvered in the commonwealth i^-^ue of 
until a copy of the form thereof has been on file for thirty fn°urance 
days with the commissioner, unless, before the expiration of ^°gu/^'ri 
said thirty days, he shall have approved the pohcy in \mting; 
nor if the commissioner notifies the company in writing, 
within said thirty days, that in his opinion the form of the 
pohcy does not comply with the laws of the commonwealth, 
specifying his reasons therefor, provided, that this action of 
the commissioner shall be subject to re\'iew by the supreme 
judicial court; nor shall any such policy be so issued or 
dehvered unless it contains in substance the following 
provisions : 

1. That the pohcy shall be incontestable after two years 
from its date of issue except for non-pajmaent of premiums or 
violation of the conditions of the policy relating to mihtary 
or naval service in time of war. 

2. That the pohcy, the application of the employer and 
the individual apphcations, if any, of the employees insured 
shall constitute the entire contract between the parties, 
and that no statement made by the employer or any em- 
ployee or on their behalf shall be used in defence to a claim 
under the policy unless contained in a written applica- 
tion. 

3. That the premium or the amount of insurance payable 
in the event of a misstatement of the age of an employee shall 
be equitably adjusted. 

4. Except in the case of a pohcy issued under subdivision 
(c) of section one hundred and thirty-thi-ee, that the com- 
pany will issue to the employer, for delivery to each employee 
whose life is insured under the policy, an individual certificate 
specifying his insurance coverage under the pohcy, the 
amount thereof and to whom payable, together with a pro- 
vision to the effect that if his insurance, or any portion of it, 
ceases because of (1) termination of emplojonent or of 
membership in the class or classes eligible for coverage 



306 Acts, 1951. — Chap. 404. 

under the policy, or (2) termination of the poUcy or amend- 
ment of the pohcy to terminate the insurance or any part 
thereof on the class of insured persons to which he then 
belongs after he has been insured thereunder for five or more 
years immediately preceding any such termination date, 
the employee shall continue to be insured thereafter for a 
period of thirty-one days, for the amount of Ufe insurance 
which he is entitled to have issued to him under an individual 
poUcy in accordance with the provisions which follow; and 
that he shall be entitled to have issued to him by the com- 
pany, without evidence of insurability, upon written appli- 
cation in a form satisfactory to the company and upon the 
payment of the premium applicable to the class of risk to 
which he belongs and to the form and amount of the poHcy 
at his then attained age, both within said period of thirty- 
one days, an individual policy of life insurance without dis- 
abihty or other supplementary benefits, effective at the 
expiration of said period, in any one of the forms of life 
policies then customarily issued by the company, except a 
term pohcy, for an amount not in excess of the amount of the 
insurance which ceases because of any such termination, or, 
at the option of the company, in the case of any termination 
described in clause (2), an amount which shall in no event 
exceed the lesser of (i) the amount of such employee's insur- 
ance ceasing because of such a termination less any amount 
of life insurance for which he may be or may become efigible 
under any group policy issued by the same or another com- 
pany within thirty-one days after such a termination and 
(ii) two thousand dollars; provided, that any amount of 
insurance which shall have matured on or before the date 
of any termination described in clause (1) or (2), as an 
endowment payable to him, whether in one sum or in instal- 
ments or in the form of an annuity, shall not, for the purposes 
of this provision, be included in the amount which is con- 
sidered to cease because of any such termination; and, for 
the purposes of this provision, the date of termination of 
the policy in case of its expiration by its own terms shall be 
the effective date of such expiration irrespective of any grace 
period specified in the policy for the payment of any premium 
falhng due on such date. 

5. That to the group or class thereof originally insured 
shall be added from time to time all new employees of the 
employer ehgible to insurance in such group or class. 

6. That the employer is entitled to a grace period of 
thirty-one days for the payment of any premium due except 
the first, during which grace period the death benefit coverage 
shall continue in force, unless the employer shall have given 
the company wiitten notice of discontinuance in advance 
of the date of discontinuance and in accordance with the 
terms of the pohcy and, at the option of the company, a 
provision that the employer shall be hable to the company 
for the payment of a pro rata premium for the time the 
policy was in force during such grace period. 



Acts, 1951. — Chap. 404. 307 

7. Except in the case of a policy issued under subdivision 
(c) of section one hundred and thirty-three, that any sum 
becoming due by reason of the death of the employee insured 
shall be payable to the beneficiary designated by the em- 
ployee insured, that in the event no designated beneficiarj' 
as to all or any part of such sum is living at the death of the 
employee insured, any such sum shall be paid to the executors 
or administrators of the employee, and, that the company 
may, at its option, pay such sum to any one or more of the 
following surviving relatives : wife, husband, mother, father, 
child or children, brothers or sisters, and may pay a part of 
such sum not exceeding two hundred and fifty dollars to any 
person appearing to the company to be equitably entitled 
thereto by reason of having incurred funeral or other ex- 
penses incident to the last illness or death of the employee 
insured. 

A pohcy shall be deemed to contain any such provision 
in substance when, in the opinion of the commissioner, the 
provision is stated in terms more favorable to the employee, 
or at least as favorable to the employee and more favorable 
to the employer, than are herein set forth. 

The word "employer", as used in this section, section 
one hundred and thirty-four A and section one hundred 
and thirty-seven shall include the trustees of a fund estab- 
hshed as provided in clause (a) of section one hundred and 
thirty-three, a trade union or association of wage workers, a 
financial or other institution including subsidiary or afiihated 
institutions, a vendor of any property, an assignee of the 
indebtedness, an association of state, county or municipal 
employees, and the trustees of a fund established as pro- 
vided in clause (e) of section one hundred and thirty-tlu-ee, 
in the case of a pohcy issued under clause (a), (6), (c), (d) 
or (e), respectively, of section one hundred and thirty-three. 
The word "employee", as used in this section and section 
one hundred and thirty-five, shall include a member of such 
a trade union or other association of wage workers or of such 
an association of state, county or municipal employees, 
and, as used in this section, shall include a borrower from 
such a financial or other institution including subsidiary 
or affiliated institutions, and a purchaser from such a 
vendor. 

In any pohcy issued under subdivision (a) of section one 
hundred and thirty-three, the word "employees" may 
include the officers, managers and employees of subsidiary 
or affihated corporations and the individual proprietors, 
partners and employees of affihated individuals and firms, 
if the business of the employer and of such subsidiary or 
affiliated corporations, firms or individuals is under common 
control, through stock ownership, contract or otherwise. 

Any pohcy issued under section one hundred and thirty- 
three may provide that the term "employee" shall include 
retired employees, and the partners or individual proprietors 
if an employer is a pai-tnership or an individual proprietor, 



308 Acts, 1951. — Chap. 405. 

if such partnei*s 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, and if, in the case 
of a poHcy issued under subdivision (e) of section one hundred 
and thii'ty-three, the poKcy insures not less than an average 
of five persons, other than the partners or individual pro- 
prietors, per employer unit. 

In case the premium for insurance on the life of a borrower 
under a policy issued under subdivision (c) of section one 
hundred and thirty-three is paid by him to the creditor, such 
payment shall not be deemed to constitute a charge upon a 
loan in violation of the last sentence of section one hundred of 
chapter one hundred and forty, if the rate upon which such 
premium is based is no greater than the usual or prevailing 
rate for similar insurance obtainable in the commonwealth. 

Approved June 1 4, 1951. 



ChapA05 An Act increasing the fees for sporting, hunting, 

FISHING AND TRAPPING LICENSES. 

Be it enacted, etc., as follows. ■ 

EdViJr§8 Section 1. Chapter 131 of the General Laws is herebj^ 
etc!, 'amended', amended by striking out section 8, as most recently amended 
by chapter 233 of the acts of 1950, and inserting in place 
^«p«- thereof the following section : — Section 8. Sporting, hunt- 

ing, fishing and trapping licenses shall be issued to the fol- 
lowing classes of persons upon payment of fees as hereinafter 
provided : — 

(1) A citizen of the United States, resident in this common- 
wealth for at least six consecutive months immediately 
prior to his apphcation for such license, or a non-resident 
citizen coming within one of the two following classes : — 

Class A. Owner of real estate in the commonwealth as- 
sessed for taxation at not less than one thousand dollars, or 
person commissioned or enlisted in the military or naval 
service of the United States and stationed within the com- 
monwealth. 

Class B. Member of any club or association incorporated 
for the purpose of hunting, fishing or trapping, or for any 
combination of such purposes; provided, that said corpora- 
tion owns land in the commonwealth assessed for taxation 
in a total amount which is at least equal to one thousand 
dollars for each member, and that the membership fist of 
the corporation shall be filed from time to time upon request, 
and at least annually, with the clerks of the several cities and 
towns within which such land, or any portion thereof, is 
located and with the director; 

For which licenses the fees shall be as follows: — 

For a sporting license, five dollars and twenty-five cents; 

For a hunting license, three dollars and twenty-five cents; 

For a fishing license, three dollars and twenty-five cents, 
except that for such a hcense issued to a minor between the 



Acts, 1951.— Chap. 406. 309 

ages of fifteen and eighteen, the fee shall be one dollar and 
twenty-five cents, and to a female over eighteen, two dollars 
and twenty-five cents; 

For a trapping license, five dollars and twenty-five cents, 
except that for such a license issued to a minor between the 
ages of fifteen and eighteen the fee shall be two dollars and 
twenty-five cents. 

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 issued 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. 

(2) A citizen of the United States, who does not come 
within the provisions of clause (1) of this section, for which 
licenses the fees shall be as follows : 

For a sporting license, twenty dollars and twenty-five 
cents; 

For a hunting license, fifteen dollars and twenty-five cents; 

For a fishing hcense, seven dollars and seventy-five cents, 
except that for such a license issued to a minor between the 
ages of fifteen and eighteen the fee shall be two dollars and 
twenty-five cents; 

For a fishing license covering all the inland waters and 
good for three consecutive days specified on the license, two 
dollars and seventy-five cents. Said days may be so specified 
on the license and the duration of the license may be so 
limited, notwithstanding any provision of sections six and 
thirteen; 

For a trapping license, fifteen dollars and twenty-five 
cents. 

No person shall be granted a sporting, hunting or trapping 
license unless he files with the city or town clerk or the 
director, as the case may be, a written report upon blanks 
furnished by the director stating the number of birds or 
mammals, if any, taken by him within the commonwealth 
during the preceding year. The city or town clerk shall on 
the first Monday of each month forward such reports to the 
director. Nothing herein shall be deemed to prohibit the 
director, upon written order to city and town clerks, to sus- 
pend the requirement of any such written report, and sec- 
tion thirty-seven of chapter thirty shall apply to such order. 

Section 2. This act shall take effect on January first. Effective 
nineteen hundred and fifty-two. Approved June 14, 1951. '^''^• 



An Act to establish the selectmen-town manager form 

OF government in the town of holden. 
Be it enacted, etc., as follows: ChapAOQ 

Section 1. Acceptance. — This act shall be submitted 
for acceptance to the qualified votere of the town of Holden 
at the first annual town election after passage of this act, or 



310 Acts, 1951. — Chap. 406. 

at a special town election called for the purpose not less than 
ninety days before the date of said annual election. The 
vote shall be taken by ballot in accordance with the provi- 
sions of the General Laws, so far as the same shall be appli- 
eable, in answer to the question, which shall be placed upon 
the ballot to be used at said election: — ''Shall an act passed 
by the General Court in the year nineteen hundred and fifty- 
one, entitled * An act to establish the selectmen-town manager 
form of government in the town of Holden' be accepted by 
the town? " If a majority of the voters voting on this ques- 
tion shall vote in the affirmative, said act shall take effect 
immediately for the purposes of the next following annual 
town election, and for all things relating thereto, and shall 
take full effect beginning with said election. It shall be the 
duty of all town officials having duties to perform with re- 
spect to elections and holding office at the time of acceptance 
to do, in compliance with law, all things necessary for the 
nomination and election of officers first to be elected under 
this act. 

If this act is rejected when so submitted, it shall be sub- 
mitted for the second time at the next following annual town 
election, and if accepted shall take effect as hereinbefore 
provided. 

If this act is again rejected when so submitted for the 
second time, it shall again be submitted at the next following 
annual town election, and if accepted shall take effect as 
hereinbefore provided. If this act is again rejected when so 
submitted for the third time, it shall thereupon become void. 

Section 2. By-laws. — Any by-laws in force in the town 
of Holden at the time of acceptance of this act, in so far as 
they are consistent with the provisions thereof, shall not be 
affected thereby; but any such by-laws, or portions thereof, 
inconsistent therewith shall be null and void. 

Section 3. Contracts. — No contract existing and no 
action at law or suit in equity or other proceeding pending 
at the time this act is accepted or at the time of revocation 
of such acceptance shall be affected by such acceptance or 
revocation. 

Section 4. Election of Officers. — At the first annual 
town election following acceptance of this act, and annually 
thereafter, the registered voters shall continue to elect a 
moderator, selectmen, town and district school committees 
and trustees of Damon Memorial, and, unless otherwise 
provided by by-law, the moderator shall continue to appoint 
a finance committee and board of appeals. The term of 
office of any office, board or commission so continued shall 
not be interrupted. Every other elective or appointive office, 
board or commission shall be terminated as hereinafter pro- 
vided, any other provision of the law to the contrary notwith- 
standing. The term of office of any person elected to any 
office, board or commission existing at the time of such 
acceptance and terminated hereunder shall continue until 
such following town election and until the appointment and 



Acts, 1951. — Chap. 406. 311 

qualification of his successor, if any, and thereafter the said 
offices, boards or commissions shall be abohshed and all 
powers, duties and obHgations conferred or imposed thereon 
by law, except as hereinafter provided, shall be conferred 
and imposed upon the selectmen and exercised by the town 
manager. 

Sectiox 5. Selectmen. — The selectmen shall appoint 
and may remove a town manager as hereinafter provided, 
constables, election officers, and registrars of voters except 
the town clerk. 

Section 6. School Committees. — Nothing in this act shall 
be construed to affect the powers and duties of the town or 
district school committees as provided by law; provided, 
however, that either of said committees may make an agree- 
ment with the selectmen whereby the town manager shall be 
assigned responsibility for the maintenance or repair of school 
buildings or grounds, the purchase of any supplies or equip- 
ment, or the preparation of any plans for construction or 
improvement of school buildings or property or the super- 
vision of such work. 

Section 7. Damon Memorial. — The board of trustees of 
Damon Memorial shall have and exercise all of the powers, 
duties and obligations conferred or imposed by law on trustees 
of town libraries or by the terms of any gift or bequest appli- 
cable to such board; pro\'ided, however, that the town mana- 
ger shall exercise and perform such duties relative to the 
administration and management of the public library, the 
Damon Memorial and its property as may be agreed upon 
between said board and the selectmen. 

Section 8. Certain Officers. — The town clerk, town ac- 
countant, town treasurer, town collector, planning board, 
town assessors, and trustees of trust funds shall possess all 
the powers and rights and be subject to all the duties and 
liabilities specifically conferred or imposed upon them by any 
provision of law, but in the performance of their duties they 
shall be subject to the general supervision and direction of 
the town manager. They shall be sworn to the faithful per- 
formance of their duties by the chairman of the selectmen. 

Section 9. Multiple Offices. — A member of the board of 
selectmen, or of the to\\Ti school committee, or of the finance 
committee shall, during the term for which he was elected or 
appointed, be ineligible either by election or appointment to 
hold any other town office. Any other person appointed by 
the town manager to any town office under the provisions of 
this act or of any general or special law shall be eligible dur- 
ing the term of said office to election or appointment to any 
other town office, except that the town accountant shall not 
be eligible to hold the position of town treasurer or the posi- 
tion of town collector. The town manager, subject to any 
applicable provision of the General Laws relating thereto, 
may assume the duties of any office which he is authorized 
to fill by appointment. 

Section 10. Appointment of Town Manager. — The se- 



312 Acts, 1951. — Chap. 406. 

lectmen shall appoint, as soon as practicable, for a term not 
exceeding three years, a town manager who shall be a person 
especially fitted by education, training and experience to 
perform the duties of the office. He need not be a resident 
of the town or of this commonwealth when appointed, and 
shall not during the twelve months prior to his appointment 
have held any elective office in the town of Holden, but shall 
reside in the town during his term of office. He may be 
appointed for successive terms of office. Before entering 
upon the duties of his office, the town manager shall be sworn 
to the faithful and impartial performance thereof by the 
chairman of the selectmen. He shall execute a bond in 
favor of the town for the faithful performance of his duties 
in such sum and with such surety or sureties as may be fixed 
or approved by the selectmen. 

Section 11. Appointment of Temporary Manager. — 
Pending the appointment of a town manager or the filling of 
any vacancy, the selectmen shall appoint a suitable person 
to perform the duties of the office. 

Section 12. Removal of Manager. — The selectmen, by a 
majority vote of the full membership of the board, may re- 
move the town manager. Thirty days before such proposed 
removal shall become effective, the selectmen shall file a 
preliminary written resolution with the town clerk setting 
forth in detail the specific reasons for his proposed removal, 
a copy of which resolution shall be delivered to the town 
manager. The manager, in writing within thirty days from 
the filing of said resolution, may request a public hearing. 
If the manager so requests, the board of selectmen shall hold 
a public hearing not earlier than twenty days nor later than 
thirty days following receipt of such request. After such 
public hearing, if any, otherwise at the expiration of thirty 
days following the filing of the preliminary resolution, and 
after full consideration, the selectmen by a majority vote of 
the full membership of the board may adopt a final resolu- 
tion of removal. In the preliminary resolution, the select- 
men may suspend the manager from duty, but shall in any 
case cause to be paid to him forthwith any accrued salary, 
and may, at their discretion, pay his salary for a period not 
exceeding three months following the filing of the preliminary 
resolution. 

Section 13. Compensation of Manager. — The town man- 
ager shall receive such compensation, not exceeding the 
amount appropriated therefor, as the selectmen shall de- 
termine. 

Section 14. Powers and Duties of Manager. — In addi- 
tion to specific powers and duties provided in this act, the 
town manager shall have the general powers and duties 
enumerated in this section : — 

(a) The town manager shall supervise and direct the ad- 
ministration of all departments, commissions, boards and 
offices of the town, except those elected by the voters, or 
appointed by the selectmen or by the moderator. 



Acts, 1951. — Chap. 406. 313 

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

(c) Except as otherwise provided by this act, the town 
manager shall appoint upon merit and fitness alone, and sub- 
ject to the provisions of chapter thirty-one of the General 
Laws where applicable, may remove a town accountant, a 
town clerk, a town collector, a town treasurer who may act 
as town collector, a town counsel, a welfare agent, a plan- 
ning board and assessors. He may in like manner appoint 
and remove such other officers and employees as he deems 
necessary to carry out the powers and duties imposed upon 
him by this act. Permanent officers and employees not 
subject to the provisions of said chapter thirty-one shall not 
be removed by the town manager except on five days' notice 
in wi'iting, setting forth the cause of such removal. 

(d) The town manager shall fix the compensation of all 
town officers and employees appointed by him, subject to 
any applicable provisions of chapter thirty-one and, if 
adopted, of section one hundred and eight A of chapter 
forty-one of the General Laws. 

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

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

(g) The town manager shall keep the selectmen fuU}^ ad- 
vised as to the needs of the town and shall recommend to 
the selectmen for adoption such measures requiring action by ' 
them or by the tov/n as he may deem necessary or expedient. 

(h) The town manager sh;di have jurisdiction over and be 
responsible for the planning, construction, reconstruction, 
alteration, repair, improvement, use and rental of all town 
property except as hereinbefore provided wth respect to 
schools and the Damon Memorial, and except as otherwise 
specificall}^ voted by the town. 

(0 Except as otherwise provided by this act, the town 
manager shall purchase all supplies, materials and equip- 
ment, and shall award all contracts for all departments and 
activities of the town. 

(/■) The town manager shall administer, either directly 
or through a person or persons appointed by him in ac- 
cordance with this act, all provisions of general and specific 
laws applicable to said town, all by-laws and all regulations 
by the selectmen. 



314 Acts, 1951. — Chap. 406. 

(k) The town manager shall, with the approval of the 
selectmen, have the authority to prosecute, defend and com- 
promise all litigation to which the town is a party, and to 
employ special counsel whenever in his judgment it may be 
necessary. 

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

(m) The town manager shall have access to all town books 
and papers for information necessary for the proper perform- 
ance of his duties, and may without notice cause the affairs of 
any department or activity under his control or the conduct 
of any officer or employee appointed by him to be examined. 

Section 15. Acting Manager. — The town manager shall, 
by letter filed with the town clerk, designate, subject to the 
approval of the selectmen, a qualified officer of the town to 
perform his duties during his temporary absence or disabilit3^ 
In the event the town manager fails to make such designation, 
the selectmen shall so designate a qualified town officer to 
perform the duties of the town manager until he shall re- 
turn or his disabihty shall cease. 

Section 16. Approval of Warrants. — The town man- 
ager shall be the chief fiscal officer of the town. Warrants 
for the payment of town funds prepared by the town ac- 
countant in accordance with the provisions of section fifty-six 
of chapter lorty-one of the General Laws shall be submitted 
to the town manager. The approval of any such warrant 
by the town, manager shall be sufficient authority to author- 
ize payment by the town treasurer, but the selectmen shall 
approve all warrants in the event of the absence of the town 
manager or a vacancy in the office of town manager. 

Section 17. Investigation of Claims. — Whenever any pay 
roll, bill or other claim against the town is presented to the 
town manager he shall, if the same seem^s to him to be of 
doubtful validity, excessive in amount, or otherwise contrary 
to the interests of the town, refer it to the selectmen, who shall 
• immediately investigate the facts and determine what pay- 
ment, if any, should be made. Pending such investigation and 
determination by the selectmen, payment shall be withheld. 

Section 18. Certain Ojfficers not to make Contract with 
the Town. — It shall be unlawful for any selectman, the town 
manager or any other elective or appointive official of the 
town, directly or indirectly, to make a contract with the 
town, or to receive any commission, discount, bonus, gift, 
contribution or reward from, or any share in the profits of, 
any person or corporation making or performing such a con- 
tract, unless the official concerned, immediately upon learn- 
ing of the existence of such contract, or that such a contract 
is proposed, shall notify the selectmen in writing of the con- 
tract and of the nature of his interest therein and shall ab- 
stain from doing any official act on behalf of the town in 
reference thereto. In case such interest exists on the part of 
an officer whose duty it is to make such a contract on behalf 



Acts, 1951. — Chap. 406. 316 

of the town, the contract may be made by another officer of 
the town duly authorized thereto by vote of the selectmen. 
Violation of any provision of this section shall render the 
contract in respect to which such violation occurs voidable 
at the option of the town. 

Section 19. Annual Budget. — All officers, boards and 
commissions of the to^Ti shall submit to the town manager 
in writing detailed estimates of appropriations required for 
the efficient and proper conduct of their respective depart- 
ments and offices and such further information, in such form 
and at such times as the manager may require. On or before 
the fifteenth day of December of each year the town manager 
shall prepare and submit to the finance committee a budget 
for the ensuing year and all supplementary information in 
such form and detail as they deem necessary or the town 
may require by by-law. 

Section 20. Investigations or Surveys. — For the purpose 
of making investigations or surveys the selectmen or the 
towTi manager may expend such sums for the employment 
of experts, counsel and other assistants, and for other ex- 
penses in connection therewith, as the town may appropriate 
for such purposes. 

Section 21. Revocation. — At any time after the ex- 
piration of three years from the date of acceptance of this 
act, a petition signed b}'' not less than ten per cent of the 
registered voters of the towTi may be filed \\dth the select- 
men, requesting that the question of revoking the acceptance 
of this act be submitted to the voters at the following annual 
town election. The selectmen shall thereupon direct the 
town clerk to cause the said question to be printed on the 
official ballot to be used at the next annual town election in 
the following form: — "Shall the acceptance by the town of 
Holden of an act passed by the General Court in the year 
nineteen hundred and fifty-one, entitled 'An Act to estabhsh 
the selectmen-to'U'n manager form of government in the 
town of Holden', be revoked?" If such revocation is 
favored by a majority of the voters voting thereon, this act 
shall cease to be operative beginning with the next annual 
town election, except as hereinafter provided. All general 
laws relative to town government and town officers shall 
thereupon apply to the town of Holden, and any special 
laws relative to said town, the operation of which has been 
suspended or superseded by acceptance of this act, shall be 
revived by such revocation. By-laws in force when such 
revocation takes effect, so far as they are consistent with 
general laws relative to towTi government and town officers 
and with special laws relating to said town, shall not be af- 
fected thereby, but any other by-laws inconsistent with such 
general or special laws shall become null and void. If such 
revocation is not favored by a majority of the voters voting 
thereon, no further petition therefor shall be filed under this 
section oftener than once in every three years thereafter. 

Approved June 14, 1951. 



316 



Acts, 1951. — Chap. 407. 



Chav 407 ^^ "^^^ ^^ provide for the proper application of money 
^' IN the special fund for military service credit in the 

CASE OF veterans WHO WITHDRAW FROM A RETIREMENT 
SYSTEM OR WHO DIE BEFORE ANY RETIREMENT ALLOWANCE 
BECOMES EFFECTIVE. 



G. L. (Ter. 
Ed.), 32, § 22, 
etc., amended. 



.Application 
of military 
service credit 
funds. 



Be it enacted, etc., as follows: 

Section 22 of chapter 32 of the General Laws is hei'eby 
amended by striking out paragraph (c) of subdi\ision (4), 
as most recently amended by section 2 of chapter 560 of the 
acts of 1949, and inserting in place thereof the following: — 

(c) In the event of the mthdrawal from the system of any 
member who is a veteran for whom a liability has been 
established in the special fund for military service credit, or 
in the event of his death before any retirement allowance 
becomes effective for him, any amount being held to the 
credit of his account in the special fund for military service 
credit shall be released and shall be used to reduce the amount 
of the next appropriation for the pension fund of the govern- 
mental unit by which such member was employed while on 
mihtary leave of absence; provided, that if such member 
shall later be reinstated in the system or become a member 
of another retirement sj\stem, and shall deposit in full the 
amount he withdrew with accumulated interest, said govern- 
mental unit shall add the amount of such reduction, with 
regular interest, to the amount of its next appropriation for 
the special fund for military service credit; and further 
provided, that if the person is a meml^er of the teachers' re- 
tirement system, the whole or portion of the said amount, 
as the case may be, which was paid by a city or town shall be 
returned to the city or town with accumulated interest, and 
the portion, if anv, of the said amount which was paid by the 
commonwealth shall be transferred to the pension fund of 
said system. If a former member of said system, on whose 
account such an adjustment has been made, is later rein- 
stated a member of said system, and returns in full the 
amount he withdrew with accumulated interest, the city or 
town which received the refund as pro\dded above shall be 
notified, and it shall pay to the special fund for military 
service credit of said system the amount it received from said 
fund, with accumulated interest at three per cent to the date 
of payment to said fund, and the portion, if any, which was 
transferred to the pension fund of said system shall be trans- 
ferred from said pension fund with three per cent accumu- 
lated interest to the said special fund for militar}^ service 
credit, and these amounts shall again be held for the credit 
of the member, to be used only for retirement purposes. 

Approved June 14, 1951. 



Acts, 1951.— Chaps. 408, 409. 317 



Ax Act further defining short lobsters, regulating ChapAOS 

THE sale and possession THEREOF, AND RELATIVE TO THE 
MEASUREMENTS OF LOBSTERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 130 of the General Laws is hereby o. l. (Ter. 
amended b.y strildng out section 44, as most recently amended f'\li l^^] 
by section 2 of chapter 628 of the acts of 1950, and inserting amended.' 
in place thereof the following section: — Section 44- Who- Penalty for 
ever sells, or offers for sale, or has in possession for a period ^tJ.^; ^f°fho^i°"' 
longer than is necessary for measuring, or for any purpose lobsters. 
other than legally disposing of the same, at any time up to 
and including December first, nineteen hundred and fifty- 
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. If the measurement of any such lobster 
taken from one or the other eye sockets is of the required 
length, such lobster shall be deemed to be a legal lobster. In 
all prosecutions under this section any mutilation of any 
lobster which affects its measurement 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 possession for the purpose of trans- 
portation. 

Section 2. This act shall take effect on December first Effective 
in the year nineteen hundred and fifty-one. 

Approved June 14, 1951. 



An Act relative to the fees payable to the state ChavAO% 

SECRETARY FOR CERTAIN COMMISSIONS. 

Be it enacted, etc., as follows: 

Chapter 30 of the General Laws is hereby amended by g l. (Ter. 
striking out section 13, as appearing in the Tercentenary amende^d. ^^' 
Edition, and inserting in place thereof the following : — 
Section IS. Before the delivery of a commission to a person Fees. 
appointed commissioner under section three or four of chap- 
ter two hundred and twenty-two, notary public, master in 
chancery or justice of the peace, he shall pay to the state 
secretary a fee of seven dollars, except that a person whose 
acts as a notary public or a justice of the peace have been 
vaUdated by the general court shall pay a fee of twenty-five 
dollars before the delivery of the first commission for either 
of said offices to be delivered after such validation. Upon 



318 



Acts, 1951— Chaps. 410, 411. 



the change of name of any woman, who has been appointed 
and qualified as a notary pubhc, she shall re-register under 
her new name and shall pay to the state secretary a fee of 
one dollar. Approved June 14, 1951. 



ChapAlO An Act increasing the fees for drug store permits. 

Be it enacted, .etc., as follows: 

Section 39 of chapter 112 of the General Laws, as amended 
by chapter 138 of the acts of 1939, is hereby further amended 
by striking out, in line 11, the word "five" and inserting in 
place thereof the word : — seven, — so as to read as follows : 
— Section 39. The board may, upon application made in 
such manner and form as it shall determine, register a store 
for the transaction of the retail drug business and issue to 
such person as it deems quahfied to conduct such store, a 
permit to keep it open; but no such registration shall be 
made or permit issued in the case of a corporation unless it 
shall appear to the satisfaction of the board that the man- 
agement of the drug business in such store is in the hands of 
a registered pharmacist. Such permit shall expire on Jan- 
uary first following the date of its issue, and the fee therefor 
shall be seven dollars. Approved June 14, 1951. 



G. L. (Ter 
Ed.). 112, 
§ 39, etc., 
amended. 



Fees for 
drug store 
permits. 



G. L. (Ter. 
Ed.). 71, § 47, 
etc., amended. 



hup>ervision 
and control 
of athletic 
and other 
school or- 
ganizations, 
appropriations, 
etc. 



Cha'pAW An Act authorizing appropriations by cities and towns 

FOR CERTAIN PURPOSES IN CONNECTION WITH PHYSICAL 
EDUCATION AND SCHOOL BANDS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 71 of the General Laws is hereby 
amended by striking out section 47, as most recently amended 
by chapter 658 of the acts of 1950, and inserting in place 
thereof the following section : — Section 47. The committee 
may supervise and control all athletic and other organizations 
composed of public school pupils and bearing the school 
name or organized in connection therewith. It may directly 
or through an authorized representative determine under 
what conditions the same may compete with similar organi- 
zations in other schools. Expenditures by the committee 
for the organization and conduct of physical training and 
exercises, athletics, sports, games and play, for providing 
proper apparatus, equipment, supplies, athletic wearing 
apparel, including appropriate souvenir garments and 
trophies, and facilities for the same in the buildings, yards 
and playgrounds under the control of the committee, or 
upon any other land which it may have the right or privilege 
to use for this purpose, and for the employment of experienced 
athletic directors to supervise said physical training and 
exercises, athletics, sports, games and play, shall be deemed 
to be for a school purpose. Cities and towns may appropriate 
for the employment of coaches to supervise in public schools 
physical training and exercises, athletics, sports, games and 
play, and for the transportation of public school athletic 



Acts, 1951. — Chap. 412. 319 

teams, coaches, cheerleaders, and bands bearing the school 
name, formed in pursuance of the school purposes authorized 
by this section, within and without the commonwealth to 
places where athletic contests or said physical exercises, 
sports, games or play are held, and for the purchase of uni- 
forms and musical instruments for the members of bands 
composed of public school pupils and bearing the school 
name organized in conjunction with the school purposes as 
aforesaid. All receipts by the committee in connection with 
the conduct of activities provided for under this section 
shall be deposited with the treasurer of such town and held 
as a separate account and expended by said school com- 
mittee without further appropriation notwithstanding the 
provisions of section fifty-three of chapter forty-four. No 
moneys may be expended from an appropriation or from the 
separate fund authorized by this section except upon the 
approval of the school committee for travel to states ad- 
joining the commonwealth, or, with the approval of the 
selectmen in to-v^ms and mayors in cities, to other states. 

Section 2. Section 2A of chapter 224 of the acts of 
1936, inserted by section 1 of chapter 334 of the acts of 
1948, is hereby amended by striking out clause (a) and 
inserting in place thereof the f olloA\^ng clause : — 

(a) Organizing and conducting physical training and 
exercises, athletics, sports, games and play; employing 
athletic directors and coaches to supervise in public schools 
said physical training and exercises, athletics, sports, games 
and play; providing apparatus, equipment, supplies, athletic 
wearing apparel, appropriate souvenir garments and trophies, 
and facilities for the same in buildings, yards and play- 
grounds under the control of said committee, or upon any 
other land which said committee may have the right to 
use for this purpose under the provisions of chapter two 
hundred and ninety-five of the acts of nineteen hundred and 
seven and acts in amendment thereof and in addition thereto ; 
transporting public school athletic teams, coaches, cheer- 
leaders, and bands bearing the school name, formed in 
pursuance of the school purposes authorized by this clause, 
within and without the commonwealth to places where 
athletic contests or said physical exercises, sports, games or 
play are held, and purchasing uniforms and musical instru- 
ments for the members of bands composed of public school 
pupils and bearing the school name organized in conjunction 
with the school purposes aforesaid. 

Approved June 14, 1951. 

An Act authorizing the continuation by the depart- ChapA12 

MENT or public WORKS OF CERTAIN WORK TO ALLEVIATE 
THE TRAFFIC CONGESTION ON STREETS NEAR THE STATE 
HOUSE. 

Whereas, The deferred operation of this act would tend ^^"^^^^f^^ 
to defeat its purpose, which is to provide forthwith for the ^"^^^^ 
alleviation of the traffic congestion on streets near the state 



320 Acts, 1951. — Chap. 413. 

house, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
safety and convenience. 
Be it enacted, etc., as follows: 

Section 1. In addition to the work authorized by chap- 
ter five hundred and eighty-four of the acts of nineteen 
hundred and fifty, the department of public works is hereby 
authorized and directed to (1) cut back the sidewalk in 
front of the state house from Bowdoin street to the boundary 
of the state property nearest Joy street to facilitate traffic 
in said area; (2) remove the present sidewalk and wall 
adjoining the state house on Bowdoin street; (3) construct 
an exit from the state house on Bowdoin street; (4) re- 
construct certain sidewalks on Mount Vernon, Bowdoin 
and Beacon streets. 

Section 2. The state superintendent of buildings is 
hereby authorized and directed to construct or reconstruct 
receiving and shipping facilities for a service entrance to 
the state house. Approved June 20, 1951. 

ChavAlS An Act authorizing the Worcester county institution 

FOR SAVINGS TO MAKE FURTHER INVESTMENTS IN THE 
PURCHASE AND IMPROVEMENT OF REAL ESTATE IN THE 
CITY OF WORCESTER TO BE USED FOR THE TRANSACTION 
OF ITS BUSINESS. 

Be it enacted, etc., as folloivs: 

Section 1. The Worcester County Institution for Sav- 
ings, incorporated by chapter fifty of the acts of eighteen 
hundred and twenty-seven, may, subject to the approval 
of the commissioner of banks and for the convenient trans- 
action of its business, invest in land and buildings in the 
city of Worcester for use in whole or in part as a branch 
office or offices, a sum not exceeding one hundred and 
twenty-five thousand dollars in addition to any sums hereto- 
fore authorized, which sum shall from time to time be in- 
creased by all sums reahzed by it from any sale or other 
disposal of such a building or any part thereof and by sums 
charged off by it for depreciation, obsolescence or amortiza- 
tion to the extent approved by the commissioner. 

Section 1A. Said corporation, in connection with exer- 
cise of the authority granted by this act, shall not permit 
or authorize, within two years after the effective date of 
this act, the demolition or removal of any building used for 
family dwelling purposes unless and until the occupants 
thereof have found other suitable dwelling accommodations 
at rentals equal or nearly equal to those paid by them while 
occupying the dwellings proposed to be demolished or re- 
moved, or unless and until said corporation shall have 
found for said occupants other suitable dwelling accommo- 
dations for said occupants at rentals as aforesaid. 

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

Approved June 20, 1951. 



Acts, 1951.— Chap. 414. 321 



An Act relative to the licensing of diebel fuel dis- C/iap. 414 

TRIBUTORS. 

Whereas, The deferred operation of this act would tend freambi""'^ 
to defeat its purpose which is to make certain desirable 
corrections and additions in the law relating to the taxation 
of Diesel engine fuel and the collection of revenue there- 
from, therefore this act is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 64 A of the General pjV^Jl*"- 
Laws, as most recently amended by section 1 of chapter 492 u', kc. ' 
of the acts of 1948, is hereby further amended by striking "^^e^ded. 
out paragraph (d) and inserting in place thereof the 
following : — 

(d) "Fuel" shall mean all products commonly or com- -Fuel' 
mercially known or sold as gasoline (including casing-head '^•'fi"^- 
and absorption or natural gasoline) regardless of their 
classification or uses; and any liquid prepared, advertised, 
offered for sale, or sold for use as or commonly and com- 
mercially used as a fuel in internal combustion engines, 
which when subjected to distillation in accordance with 
the standard method of test for distillation of gasoline, 
naphtha, kerosene and similar petroleum products (American 
Society for Testing Materials Designation D-86) show not 
less than ten per cent distilled (recovered) below 347° Fahren- 
heit (175° Centigrade) and not less than ninety-five per 
cent distilled (recovered) below 464° Fahrenheit (240° 
Centigrade); provided, that the term "fuel" shall not 
include industrial solvents or naphthas which distill, by 
American Society for Testing Materials Method D-86, 
not more than nine per cent at 176° Fahrenheit, and which 
have a distillation range of 150° Fahrenheit, or less, or 
liquefied gases which would not exist as liquids at a tem- 
perature of 60° Fahrenheit and a pressure of 14.7 pounds per 
square inch absolute. 

"Special fuels" shall mean and include all petroleum 
products, combustible gases and liquids used in an internal 
combustion engine or motor for the generation of power to 
propel motor vehicles of any kind or character on the public 
highways, including Diesel engine fuel, except such fuels as 
are defined in the preceding paragraph. 

Section 2. Said chapter 64 A is hereby further amended i^j^/'eJl!' 
by striking out section 4A, as appearing in section 2 of § 4A, etc.' 
chapter 744 of the acts of 1949, and inserting in place thereof ''"'*'"*^^*^- 
the following section : — Section I^A . Every person selling, Distributors 
transferring or deUvering special fuels into the fuel tank eng'i'ne^fliei. 
of a vehicle or using special fuels for propelhng vehicles over 
the highways shaU, for the purpose of this chapter, be 
deemed a distributor of special fuels thereunder. It shall 
be unlawful for any person to operate a special fuel propelled 



excise. 



322 Acts, 1951. — Chap. 415. 

vehicle upon or over such highways or to sell, transfer or 
deliver special fuels into the fuel tank of a vehicle without 
first obtaining a hcense as a special fuel distributor from the 
License, commissioner. Such license shall be issued for the calendar 

pt^"ent of year or remaining part thereof, and shall be renewed annually. 
The fee for such license and for each renewal thereof, to be 
collected by the commissioner at time of issue, shall be one 
dollar. The application for such license shall contain such 
information as the commissioner shall reasonably require. 
The commissioner as a condition of issuing such hcense may 
require the licensee to display such evidence of having been 
Hcensed as the commissioner shall prescribe and may require 
that such licensee shall in his application for a license to 
be signed under the penalties of perjury state that he will 
purchase special fuels in the commonwealth only from a 
distributor hcensed under this chapter. Such special fuel 
distributor shall file returns at the times and in the manner 
as prescribed by the commissioner, showing whatever in- 
formation the commissioner may reasonably require and 
shall pay to the commissioner a tax on such special fuels 
sold, transferred or delivered or used as aforesaid at the time 
of filing such return at the same rate for each gallon as 
specified in section four. All the provisions of this chapter 
relative to the collection, payment, abatement, verification, 
administration, including penalties and disposition of collec- 
tions, shall be apphcable to the tax imposed by this section. 

Approved June 20, 1951. 



ChapAlb An Act authorizing the trustees of the tewksbury 

STATE HOSPITAL AND INFIRMARY TO SELL CERTAIN PROP- 
ERTY OF THE COMMONWEALTH IN THE TOWN OF TEWKS- 
BURY. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Tewksbury state hospital 
and infirmary, on behalf of the commonwealth, are hereby 
authorized, subject to the approval of the governor and 
council, to sell and convey to the town of Tewksbury land 
owned by the commonwealth and situated in said town and 
bounded and described as follows : — Beginning at a point 
on the southerly side of North street at the center line of a 
brook, at land of James Matthews, said center line of brook 
being 40.6 feet westerly from a concrete highway bound; 
thence south 46 degrees 12 minutes west, 366.36 feet, by the 
southerly line of North street to a concrete highway bound; 
thence still westerly by the southerly side of North street, 
249.59 feet, in a curved line with a radius of 744.81 feet, to 
a concrete highway bound; thence south 27 degrees west, 
452.0 feet more or less, by the southerly side of North street, 
to the land now or formerly of Fred Swansberg; thence 
south 77 degrees east, 391 feet more or less, by land now or 
formerly of said Fred Swansberg to a fence post; thence 



Acts, 1951. — Chaps. 416, 417. 323 

south 54 degrees 45 minutes east, 330 feet more or less, by 
land now or formerly of Fred Swansberg to the center of a 
brook and other land of the Commonwealth of Massachu- 
setts; thence north 50 degrees 15 minutes east and further 
north 34 degrees 15 minutes east by the center line of said 
brook and other land of the commonwealth a distance of 730 
feet more or less; thence north 64 degrees 45 minutes, 131.0 
feet more or less, by the center line of said brook and land 
of the commonwealth to a junction with another brook; 
thence north 50 degrees 45 minutes west, 855 feet more or 
less, by land of the commonwealth and land of James 
Matthews to the point of beginning. Containing seventeen 
acres more or less. 

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

Approved June 20, 1951. 



An Act to include the inspection of rear windows of nh„jj 416 

MOTOR vehicles IN THE PERIODIC INSPECTION OF MOTOR ^' 

VEHICLES. 

Be it enacted, etc., as follows: 

Section 7 A of chapter 90 of the General Laws, as most Sj^iJ^,^ 
recently amended by chapter 525 of the acts of 1950, is hereby etc'. 'amended.' 
further amended by inserting after the word "plates", in 
line 7, the words : — , and rear windows, — so that the first 
sentence will read as follows : — The registrar shall include inspection of 
in the rules and regulations prepared by him under section ^^^^ ^^ndow8. 
thirty-one, rules 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, muffler, steering gear, windshield, windshield cleaner 
and number plates, and rear windows, and also rules and 
regulations in respect to school buses, providing, in place 
of the periodic inspections hereinbefore referred to, for the 
inspection of those not subject to the jurisdiction of the de- 
partment of public utilities, during the first week of the 
months of January, March, May, September and November 
in each year. Approved June 20, 1951. 



An Act exempting certain physicians from the law ChavAll 

PROHIBITING THE PAYMENT OF COMPENSATION TO FORMER 
PUBLIC EMPLOYEES WHO HAVE BEEN RETIRED. 

Be it enacted, etc., as folloivs: 

Section 91 of chapter 32 of the General Laws is hereby g. l. (Xer. 
amended by striking out the first sentence, as most recently fgi/et^c'.. 
amended by chapter 656 of the acts of 1950, and inserting in amended. 
place thereof the following sentence : — No person while Pensionej-s 
receiving a pension or retirement allowance from the com- Fo°r*4rutn''*"' 
monwealth or from any county, city or town, shall, after the 



services. 



324 Acts, 1951.— Chaps. 418, 419. 

date of his retirement be paid for any service rendered to the 
commonwealth or any county, city, town or district, except 
upon his return and restoration to active service as ordered 
by the appropriate retirement board after re-examination in 
case of retirement for disability, for jury service, or for 
service rendered in an emergency under section sixty-eight, 
sixty-nine or eighty-three, or for service in a pubhc office to 
which he has thereafter been elected by direct vote of the 
people, or for service rendered by an appointee under sec- 
tion sixteen of chapter two hundred and eight or section 
fifty-six A of chapter two hundred and fifteen, or for service 
as a member of the executive council after having been 
chosen or appointed under the provisions of Article XXV of 
the Amendments to the Constitution of the commonwealth, 
or for service in a confidential capacity under section seven 
of chapter thirty in the executive department, or in the de- 
partment of the state secretary, the state treasurer, the 
state auditor or the attorney general, or for service as a 
physician or as a member of a medical panel or similar board 
under this chapter aggregating not more than thirty days in 
any year; provided, that there shall be deducted from the 
compensation for the services of any person employed in a 
confidential capacity as aforesaid an amount equal to the 
retirement allowance or pension received by him. 

Approved June 20, 1951. 



ChapAlS An Act relative to the business of buying and selling 

SO-CALLED RENEWED, REBUILT OR RECONSTRUCTED AUTO- 
MOBILE ENGINES. 

Be it enacted, etc., as folloios: 

Ed.^'90?'^' Section 32A of chapter 90 of the General Laws is hereby 

§ 3'2A. etc, amended by striking out the next to the last sentence of the 
amen e paragraph added by chapter 321 of the acts of 1949, and in- 

Records. sertiug in place thereof the following sentence : — The li- 

censee shall forward to the registrar within seven days a copy 
of said record as to all engines acquired from any one other 
than a hcensee under this section and a copy of said record 
as to all engines sold. Approved June 20, 1951. 



C/iap.419 An Act providing minimum standards for the con- 
struction AND equipment OF SCHOOL BUSES. 
Be it enacted, etc., as follows: 
G- 1- 'Ter. Section 1. Section 7C of chapter 90 of the General Laws 

§ 7C, etc.. is hereby amended by inserting after the word "buses", in 
amended. jj^g 4^ ^^ appearing in chapter 307 of the acts of 1948, the 
words : — , which shall apply to all school buses without 
regard to any prior date when they were operated as such, — 
School buBPB, so that the first sentence will read as follows : — The registrar, 
coMtAIctV^r after a public hearing, may make, alter, rescind or add to 
of. etc. rules and regulations establishing minimum standards for 



Acts, 1951. — Chaps. 420, 421. 325 

construction and equipment of school buses, which shall 
apply to all school buses without regard to any prior date 
when they were operated as such. 

Section 2. Rules and regulations made by the registrar Effective 
of motor vehicles under section seven C of chapter ninety of '^***' 
the General Laws, as amended by section one of this act, so 
far as they relate to school buses operated as such prior to 
July first, nineteen hundred and forty-six, shall become 
effective on September first, nineteen hundred and fifty-two. 

Approved June 20, 1961. 



An Act relative to transfers of certain officers or (Jfi^y 420 

EMPLOYEES UNDER THE CIVIL SERVICE LAWS IN CERTAIN ^' 

CASES. 

Be it enacted, etc., as follows: 

Section 461 of chapter 31 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 12 of the acts of 1947, is hereby f 46i,^eVc., 
further amended by adding at the end thereof the following amended, 
paragraph : — 

If the functions of an office or position occupied by a per- Transfers of 
son holding permanent civil service status are transferred to officer". 
another department, division, board or commission, the in- 
cumbent of the office or position shall at his o^vn request, in 
lieu of being placed on a re-employment list, be transferred, 
upon the approval of the director, to such department, di- 
vision, board or commission, to a similar office or position 
without loss of seniority, retirement or other rights. 

Approved June 20, 1951. 



An Act establishing the boylston water district in Chav.4i2\ 

THE town of boylston. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Boylston, 
liable to taxation in said town and residing within the terri- 
tory comprised within the following boundary fines, to wit: 
— beginning at a point at the Boylston-West Boylston town 
line which point is due west of a point three hundred feet 
northerly of South road; thence to Sewall street following 
three hundred feet northerly of and parallel to South road; 
thence to a point three hundred feet easterly from the easterly 
boundary of Sewall street opposite South road; thence due 
east to a point three hundred feet easterly of Cross street; 
thence northerly following three hundred feet easterly of and 
parallel to Cross street to a point three hundred feet easterly 
of the intersection of Cross street and Main street; thence 
due west to the Boylston-West Boylston town line; thence 
southerly by said town line to the point of beginning, — 
shall constitute a water district and are hereby made a body 
corporate by the name of the Boylston Water District, here- 
inafter called the district, for the purpose of supplying 



326 Acts, 1951. — Chap. 421. 

themselves with water for the extinguishment of fires and 
for domestic and other purposes, with power to establish 
foimtains 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 necessarj'^ 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- 
wise provided herein. The district shall have power to prose- 
cute and defend all actions relating to its property and affairs. 
Section 2. For the purposes aforesaid, the district, act- 
ing by and through its board of water commissioners here- 
inafter provided for, may contract with any municipality, 
acting through its water department, or with any water 
company, or with any water district, for whatever water may 
be requii'ed, authority to furnish the same being hereby 
granted, and may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, pur- 
chase or otherwise, and hold, the waters, or any portion 
thereof, of any pond, spring or stream, or of any ground 
sources of supply by means of driven, artesian or other wells, 
within the town of Boylston, and not already appropriated 
for the purposes of a pubhc supply, and the water and flow- 
age rights connected with any such water sources; and for 
said purposes may take as aforesaid, or acquire by purchase 
or otherwise, and hold, all lands, rights of way and other 
easements necessary for collecting, storing, holding, purify- 
ing and preser\dng the purity of the water and for conveying 
the same to any part of said district ; provided, that no source 
of water supply or lands necessary for preserving the quahty 
of the water shall be so taken or used without first obtaining 
the advice and approval of the 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 may construct and main- 
tain on the lands acquired and held under this act proper 
dams, wells, springs, reservoirs, standpipes, tanks, pumping 
plants, buildings, fixtures and other structures, including 
also the establishment and maintenance of filter beds and 
purification works or systems, and may make excavations, 
procure and operate machinery and provide such other 
means and appliances, and do such other things as may be 
necessary for the estabhshment and maintenance of com- 
plete and effective water works; and for that purpose may 
construct pipe lines, wells and reservoirs and establish pump- 
ing works, and may construct, lay, acquire and maintain 
aqueducts, conduits, pipes and other works under or over 
any land, water courses, railroads, railways and pubhc or 
other ways, and along such ways, in said town, in such man- 
ner as not unnecessarily to obstruct the same; and for the 



Acts, 1951. — Chap. 421. 327 

purposes of constructing, lajdng, maintaining, operating and 
repairing such aqueducts, conduits, pipes and other works, 
and for all proper purposes of this act, the district may dig 
up or raise and embank any such lands, highways or other 
ways in such manner as to cause the least hindrance to pubhc 
travel on such ways; provided, that the manner in which 
all things are done upon any such way shall be subject to 
the direction of the selectmen of the town of Boylston. The 
district shall not enter upon, or construct or lay any con- 
duit, pipe or other works within, the location of any raUroad 
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 pubhc 
utilities. The district may enter upon any lands for the pur- 
pose of making surveys, test wells or pits and borings, and 
may take or otherwise acquire the right to occupy tempo- 
rarily 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 bj^ any taking under this act or any other thing done 
under authority thereof may recover such damages from the 
district under said chapter seventy-nine, but the right to 
damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water is 
actually withdrawn or diverted under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than ex- 
penses of maintenance and operation, the district may borrow 
from time to time such sums as may be necessary, not ex- 
ceeding, in the aggregate, one hundred thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Boylston Water District Loan, Act of 1951. 
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 dis- 
trict, and to make such payments on the principal as may be 
required under this act, shall without further vote be assessed 
upon the district by the assessors of said town of Boylston 
annually thereafter until the debt incurred by said loan or 
loans is extinguished. 

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



328 Acts, 1951.— Chap. 421. 

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 puiposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall assess 
the same on property within the district in the same manner 
in all respects in which town taxes are required by law to be 
assessed; provided, that no estate shall be subject to any 
tax assessed on account of the system of water supply under 
this act if, in the judgment of the board of water commis- 
sioners hereinafter provided for, after a hearing, due notice 
whereof shall have been given, such estate is so situated that 
it will receive no aid in the extinguishment of fire from the 
said system of water supply, or if such estate is so situated 
that the buildings thereon, or the buildings that might be 
constructed thereon, could not be supplied with water from 
said system in any ordinary or reasonable manner; but all 
other estates in the district shall be deemed to be benefited 
and shall be subject to such tax. A certified hst 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 assess- 
ment shall be committed to the town collector, who shall 
collect said tax in the manner provided by law for the col- 
lection of town taxes, and shall deposit the proceeds thereof 
with the district treasurer for the use and benefit of the dis- 
trict. The district may collect interest on overdue taxes in 
the manner in which interest is authorized to be collected on 
town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to be 
held prior to the acceptance of this act, and any meeting of 
the voters of the district to be held prior to the qualification 
of a majority of the water commissioners, shall be called, on 
petition of ten or more legal voters therein, by a warrant from 
the selectmen of said town, or from a justice of the peace, 
directed to one of the petitioners, requiring him to give 
notice of the meeting by posting copies of the warrant in 
two or more public places in the district seven days at least 
before the time of the meeting. Such justice of the peace, 
or one of the selectmen, shall preside at such meeting until 
a clerk is chosen and sworn, and the clerk shall preside until 
a moderator is chosen. At any meeting held hereunder prior 
to the acceptance of this act, after the choice of a moderator 
for the meeting, the question of the acceptance of this act 
shall be submitted to the voters, and if it is accepted by a 
majority of the voters present and voting thereon it shall there- 
upon take effect, and the meeting may then proceed to act 
on the other articles in the warrant. After the qualification 
of a majority of the water commissioners, meetings of the dis- 
trict shall be called by warrant under their hands, unless some 
other method be provided by by-law or vote of the district. 



Acts, 1951.— Chap. 421. 329 

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

Section 10. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
shall prescribe the time and manner of payment. The income 
of the water works shall be appropriated to defray all oper- 
ating expenses, interest charges and payments on the prin- 
cipal as they shall accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said water 
commissioners may recommend, and in case a surplus should 
remain after payment for such new construction the water 
rates shall be reduced proportionately. Said water com- 
missioners shall annually, and as often as the district may 
require, render a report upon the condition of the works 
under their charge, and an account of their doings, including 
an account of receipts and expenditures. 



330 Acts, 1951. — Chap. 422. 

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 apphcation 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 estabhsh rules and regulations for the management 
of its water works, not inconsistent with this act or with 
any other provision of law, and may choose such other 
officers not provided for in this act as it may deem necessary 
or proper. 

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

Section 13. Upon a petition in writing addressed to 
said board of water commissioners requesting that certain 
real estate, accurately described therein, located in said 
town and abutting on said district and not otherwise served 
by a pubhc water supply be included within the limits 
thereof, and signed by the owners of such real estate, or a 
major portion of such real estate, said water commission- 
ers 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 afiirmative 
the district clerk shall within ten days file with the town 
clerk of said town and with the state secretary an attested 
copy of said petition and vote; and thereupon said real 
estate shall become and be part of the district and shall be 
holden under this act in the same manner and to the same 
extent as the real estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act present 
and voting thereon, by the use of a check list, at a district 
meeting called, in accordance with section eight, within four 
years after its passage. Approved June SO, 1961. 

ChapA22 An Act relative to the term of office and the salary 

OF THE MAYOR OF THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 340 of the Special Acts 
of 1917 is hereby amended by striking out, in hne 3, the 
word "two" and inserting in place thereof the word: — 
four, — so as to read as follows : — Section S. The chief 



Acts, 1951. — Chaps. 423, 424. 331 

executive officer of the city shall be a mayor, elected by and 
from the qualified voters of the city, for the term of four 
years from the first Monday of January following his election 
and untn his successor is elected and qualified, except as 
is pro\'ided in section fifty-seven. 

Section 2. Section 17 of said chapter 340, as amended 
by section 1 of chapter 258 of the acts of 1943, is hereby 
further amended by striking out, in fine 3, the word "six" 
and inserting in place thereof the word : — ten, — so as to 
read as follows : — Section 1 7. The mayor shall receive in 
full compensation for all services to the city a salary of ten 
thousand dollars a year. The council may, by yea and nay 
vote, establish a salary for its members, not exceeding one 
thousand dollars a year, which shall not be increased or 
diminished to take effect during the current municipal year. 

Section 3. There shall be placed upon the official ballot 
to be used at the biennial municipal election in the city of 
Lynn in the current year the following questions : — 

Question {!). — "Shall the term of office of the mayor of 
this city be increased from two years to four years?" 

Question (2). — "Shall the salary of the mayor of this 
city be increased from six thousand dollars a year to ten 
thousand dollars a year?" 

If a majority of the votes in answer to Question (1) is in 
the affirmative, then section one of this act shall take full 
effect, but not otherwise. 

If a majority of the votes in answer to Question (2) is in 
the affirmative, then section two of this act shall take full 
effect, but not otherwise. Approved June 20, 1951. 

An Act authorizing the city of Cambridge to retire Chav 423 

HARRY A. PENNIMAN ON HALF PAY. 

Be it enacted, etc., as folloios: 

Section 1. The city of Cambridge is hereby authorized 
to retire Harry A. Penniman, who has been election com- 
missioner of said city continuously since the year nineteen 
hundred and twenty, and to pay to him a pension equal to 
one half of the salary received by him as such commissioner 
at the time of his retirement. The retiring authority under 
this act shall be the city manager. 

Section 2. Chapter 247 of the acts of 1946 is hereby 
repealed. 

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

Approved June 21, 1961. 

An Act making changes in the law relative to repre- ChapA24i 
sentative town government by limited town meet- 

INGS, in the town OF STOUGHTON. 

Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 213 of the acts of 1949 
is hereby amended by striking out, in lines 10 and 11, the 
words "first day of the annual town meeting" and inserting 



332 Acts, 1951. — Chaps. 425, 426. 

in place thereof the words : — annual town election, — so 
that the second sentence will read as follows : — The first 
third, in the order of votes received, of members so elected 
shall serve three years, the second third, in such order, shall 
serve two years, and the remaining third, in such order, 
shall serve one year, from the annual town election. 

Section 2. Section 14 of said chapter 213 is hereby 
amended by striking out, in line 11, the word "meeting" 
and inserting in place thereof the word: — election, — so 
that the fourth sentence will read as follows: — A town 
meeting member who removes from the town shall cease to 
be a town meeting member, and a town meeting member who 
removes from the district from which he was elected to 
another district may serve only until the next annual town 
election. 

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

Approved June 21, 1951. 



ChapA25 An Act validating the election of town meeting 

MEMBERS AT THE ANNUAL TOWN MEETING AND ELECTION 
OF THE TOW^N OF STOUGHTON, IN THE YEAR NINETEEN 
HUNDRED AND FIFTY-ONE. 

Be it enacted, etc., as folloros: 

Section 1. The election of town meeting members and 
other proceedings at the annual town election of the in- 
habitants of the town of Stoughton, held on Monday, 
March fifth, nineteen hundred and fifty-one, if otherwise 
valid, are hereby validated and confirmed, notwithstanding 
that the nomination papers of said town meeting members 
from their respective districts were filed on or before February 
twelfth, nineteen hundred and fifty-one, and that said dis- 
tricts were not established by vote of the town until February 
thirteenth, nineteen hundred and fifty-one, at a special town 
meeting. 

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

Approved June 21, 1951. 



ChavA26 An Act authorizing the town of barnstable to appro- 

PRIATE AND PAY A CERTAIN SUM OF MONEY TO DEFRAY THE 
expenses OF A REPRESENTATIVE OF THE TOWN IN A VISIT 
TO BARNSTAPLE, ENGLAND. 

Be it enacted, etc., as follows: 

Section 1. The town of Barnstable is hereby authorized 
to appropriate and pay a sum of money to defray the ex- 
penses of Chester A. Crocker, former chairman of the board 
of selectmen, or any other individual chosen by said town, 
to represent the town in a visit to Barnstaple, England to 
repay the visit of the mayor of Barnstaple, England to the 
town of Barnstable in the year nineteen hundred and thirty- 



Acts, 1951. — Chaps. 427, 428. 



333 



Section 2. Any action taken at any town meeting by 
the town of Barnstable in the current year shall be as valid 
and effective as if this act were in effect at the time of the 
posting of the warrant for said meeting. 

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

Approved June 21, 1951. 

An Act further regulating the fees payable by appli- Qfidj) 427 

CANTS FOR registration AS HAIRDRESSERS, BEAUTY SHOPS ^' 

AND MANICURISTS. 

Be it enacted, etc., as follows: 

Section 87CC of chapter 112 of the General Laws is g. l. (Ter. 
hereby amended by striking out the schedule, as appearing f 87cc,^etc., 
in section 8 of chapter 565 of the acts of 1943, and inserting amended, 
in place thereof the following : — 



Applicaxt. 



School 

Beauty shop 

Manicure shop 

Hairdressers' 

Hairdressers' 

Hairdressers (non-residents) 

Operators 

Operators (re-examination) . 
Operators (non-residents) 

Manicurist 

Manicurist (re-examination) 
Manicurists (non-residents) . 

Instructors 

Instructors (re-examination) 

Demonstrators 

Duplicate certificate of registration, $1.00. 



Original. 



$50 00 


$25 00 


10 00 


5 00 


10 00 


5 00 


5 00 


2 00 


10 00 


2 00 


25 00 


2 00 


10 00 


2 00 


3 00 


2 00 


20 00 


2 00 


3 00 


200 


2 00 


200 


5 00 


2 00 


15 00 


2 00 


10 00 


2 00 


5 00 


2 00 



' $5.00 fee on hairdressers apply to such operators who have paid the $10.00 fee for exami- 
nation or the non-resident operators who have paid the $20.00 fee. 

' $10.00 fee on hairdressers. This applies to such operators who have paid only $5.00 for 
the operator's examination, or a $15.00 fee for the non-resident operator's examination. 



Approved June 21, 1951. 



An Act authorizing the commissioner of public health Cfid^n 428 

TO DISPOSE OF CERTAIN PROPERTY AT CERTAIN INSTITU- 
TIONS UNDER THE CONTROL OF THE DEPARTMENT OF PUB- 
LIC HEALTH. 

Be it enacted, etc., as follows: 

The commissioner of pubUc health is hereby authorized 
to dispose of, by sale, transfer or otherwise, upon recom- 



334 



Acts, 1951. — Chaps. 429, 430. 



mendation of the commission on administration and finance, 
and with the approval of the governor and council, certain 
properties, including land and buildings, under its jurisdiction 
and which have been operated as farms at the institutions 
of the department in Westfield, Rutland, North Reading 
and Lakeville, and certified by the commissioner that such 
land and buildings are no longer necessary in the operation 
of the institution. Approved June 21, 1951. 



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



Certain 
records, when 
kept and 
filed. 



C/iap.429 An Act relative to the keeping of certain records by 

FUR BUYERS. 

Be it enacted, etc., as follows: 

Section 103 of chapter 131 of the General Laws is hereby 
amended by striking out the tenth paragraph, as appearing 
in section 2 of chapter 599 of the acts of 1941, and inserting 
in place thereof the following paragraph : — 

An accurate account of all dealings subject to this section 
shall be kept by each licensee hereunder, on a form prescribed 
by the director, of all persons from whom skins have been 
obtained, or to whom skins have been sold or otherwise 
disposed of, including names, post office addresses, trap 
registration numbers or fur license dealer's numbers, either 
or both as the case may be ; or in the case of a non-registered 
landowner trapping on his own property, his name and post 
office address; and a copy of such portions of the records so 
kept, as may be required by the director, shall be filed with 
him not later than April first of each calendar year; pro- 
vided, however, that the director shall not require that the 
names of persons so dealt with be submitted to him in said 
report; and provided, further, that such records of skins 
sold or otherwise disposed of shall not require a detailed 
accounting of the disposition of individual skins. Said 
records shall be open for inspection at all reasonable times 
by the director or his authorized agents and by the director 
of the division of law enforcement or his authorized agents. 

Approved June 21, 1951. 



Chap 



G. L. (Ter. 
Ed.), 143, 
§ 2A. etc.. 
amended. 

Safety 
regulations 
to apply to 
state house. 



.430 An Act extending the application of the state safety 
code for window cleaners. 

Be it enacted, etc., as follows: 

Section 2A of chapter 143 of the General Laws, inserted 
by section 1 of chapter 582 of the acts of 1948, is hereby 
amended by inserting at the end the following sentence : — 
Notwithstanding any other provision of law to the contrary, 
the provisions of the state safety code for window cleaners 
shall also be applicable to the state house and Ford building 
in the same manner and to the same extent as such provisions 
apply to privately owned or controlled buildings. 

Approved June 21, 1951. 



Acts, 1951. — Chaps. 431, 432, 433. 335 

An Act placing the offices of assessors in the city of ChapASl 

MEDFORD UNDER THE CIVIL SERVICE LAWS. ^' 

Be it enacted, etc., as follows: 

Section 1, The offices of assessors of the city of Medford 
are hereby made subject to the civil service laws and niles, 
and the tenure of office of the incumbents thereof shall be 
unlimited, subject, however, to said laws; provided that 
said incumbents shall have served for twelve years or more 
in said offices. Any person holding the office of assessor 
in said city on the first day of January, nineteen hundred 
and fifty-one, who has served for twelve years or more in 
such office shall be considered an incumbent for the purposes 
of this act. 

Section 2. This act shall be submitted to the voters of 
the city of Medford at the next city election in the form of 
the following question, which shall be placed upon the official 
ballot to be used at said election: — "Shall an act passed 
by the General Court in the year nineteen hundred and 
fifty-one, entitled 'An Act placing the offices of assessors 
in the city of IMedford under the civil service laws', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, this act shall take full effect, but 
not otherwise. Approved June 21, 1951. 

An Act providing for the appointment of assistant Cha7)AS2 

DISTRICT attorneys IN THE MIDDLE DISTRICT AND ESTAB- 
LISHING THEIR SALARIES. 

Be it enacted, etc., as follows: 

Section 1. Section 14 of chapter 12 of the General Edw^J^*^' 
Laws, as most recently amended by section 2 of chapter 423 § li" etc'., 
of the acts of 1948, is hereby further amended by striking '^™«'>'i«^- 
out, in hnes 9, 10 and 11, the words "For the middle district, Assistants 

'. ',.. ' 1 . ,.. appointed by 

an assistant district attorney, a second assistant district district 
attorney and a third assistant district attorney" and in- ''"°''°«y« 
serting in place thereof the words: — For the middle district, 
four assistant district attorneys. 

Section 2. Section 16 of said chapter 12 is hereby o. l. (Ter. 
amended by striking out the fifth paragraph, as appearing f te,' e\^c.. 
in section 4 of said chapter 423, and inserting in place thereof amended, 
the following paragraph : — 

For the middle district, one assistant, four thousand Salaries. 
three hundred and twenty dollars; one assistant, three 
thousand six hundred dollars; two assistants, two thousand 
eight hundred and eighty dollars. A pproved June 21 , 1 951 . 

An Act providing for the annual renewal of the C/iap.433 

LICENSES OF VETERINARIANS. 

Be it enacted, etc., as follows: 

Section 1. Section 55 of chapter 112 of the General Edt,ii2T' 
Laws, as amended, is hereby further amended by inserting § s^-' «tc.,' 
after the first paragraph the following paragraph : — *'"®° 



336 Acts, 1951.— Chaps. 434, 435. 

ucenmfof Eveiy registered veterinarian shall, annually, before 

veterinarians jMarch first, pay to the board a license fee of five dollars, in 
default of which the board may revoke his license and his 
authority to practice veterinary medicine thereunder, after 
a hearing as provided by section sixty-one ; but the payment 
of said fee at or before the time of hearing, with such addi- 
tional sum, not exceeding ten dollars, as may be fixed by the 
board, shall remove the default. A veterinarian duly regis- 
tered and licensed to practice in this commonwealth, whose 
license has not been revoked, but who shall have temporarily 
retired from practice or removed from the commonwealth 
for not exceeding five years, and shall have notified the 
board of such retirement or removal, may register upon 
paying the lapsed annual license fee and filing with the 
board his affidavit as to the facts aforesaid. Applications 
for renewals of licenses hereunder shall be upon forms 
prescribed by the board, and shall, not less than thirty days 
prior to March first in each year, be mailed to each veteri- 
narian registered with the board. 
Effective Section 2. This act shall take effect on January first, 

nineteen hundred and fifty-two. Approved June 21, 1951. 

ChapAS4: An Act relative to sending auxiliary police of a city 
OR town for service in another city or town. 

Be it enacted, etc., as follows: 

Section 11 of chapter 639 of the acts of 1950 is hereby 
amended by adding at the end the following paragraph: — 

(d) Auxiliary police shall not be sent to another city or 
town pursuant to the provisions of paragraphs (6) and (c) 
of this section or any other provisions of law, except upon 
the order of the head of the police force of the city or town 
in which such auxihary police were appointed; provided, 
that auxiliary police shall not be so dispatched to another 
city or town unless they are authorized by the appointing 
authority to exercise or perform the full powers or duties 
of police officers, except that auxiliary police appointed in 
a town shall not, while performing their duties in a city, 
exercise the powers conferred by section ten of this act upon 
members of regular, special or reserve police forces of said 
town. When on such service, auxiliary police shall have the 
same powers, duties, immunities and privileges, except as pro- 
vided above, as if they were performing their duties within 
their respective cities and towns. Approved June SI, 1951. 

ChapAS5 An Act making changes in the law relative to a town 

MANAGER FORM OF GOVERNMENT FOR THE TOWN OF 
STOUGHTON. 

Be it enacted, etc., as follows: 

Section 5 of chapter 400 of the acts of 1921 is hereby 
amended by inserting after the word "therefor", in line 5, 
the words: — , including all of the powers and duties of a 



Acts, 1951. — Chap. 436. 337 

planning board under sections eighty-one C to and including 
eighty-one X of chapter forty-one of the General Laws, — 
so as to read as follows : — Section 6. At the first annual 
town election following the acceptance of this act, the voters 
shall elect, by official ballot, five members of the finance 
commission, which shall also act as the planning board of 
the town and shall have all necessary powers therefor, 
including all of the powers and duties of a planning board 
under sections eighty-one C to and including eighty-one X 
of chapter forty-one of the General Laws, one of whom shall 
be chosen for the term of three years, two for the term of 
two years and two for the term of one year; and at each 
annual town election thereafter they shall elect, for the 
term of three years, either one or two finance commissioners 
according as the term of one or two of such commissioners 
is about to expire. 

A vacancy in said commission shall be filled in the manner 
pi-ovided in section eleven of chapter forty-one of the General 
Laws for fiUing vacancies in a board consisting of two or 
more members. Approved June 21, 1961. 



An Act authorizing the city of holyoke to borrow QhapASQ 

MONEY FOR GAS AND ELECTRIC PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of providing funds for 
extending or enlarging its gas or electric plants, including 
extensions for selling and distributing steam generated by 
such plants, or establishing, extending, enlarging or con- 
verting its gas plant so as to provide facilities for the pur- 
chase, sale and distribution of natural gas, the city of Hol- 
yoke 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 million 
dollars, and may issue bonds or notes of the city therefor 
which shall bear on their face the words, Holyoke Gas and 
Electric Loan, Act of 1951. 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 
hmits prescribed by clause eight of section eight and by 
section ten of chapter forty-four of the General Laws, but 
shall, except as provided herein, be subject to the appHcable 
provisions of said chapter forty-four, exclusive of the Umita- 
tions contained in the first paragraph of section seven 
thereof. 

Section 2. The municipal gas and electric commission 
of the city of Holyoke may authorize its manager, or any 
other person or corporation acting in its behalf, to enter 
the premises of its private consumers and make such changes 
of and adjustments to the gas appliances and fixtures therein 
as may be necessary for the service of natural gas. The 



338 Acts, 1951.— Chaps. 437, 438. 

work of making such changes and adjustments of customers' 
appUances and fixtures shall be considered to be necessary 
in providing faciUties essential to the sale and distribution 
of natural gas, and the cost of the same may be paid from 
the depreciation fund of the municipal lighting plant as 
provided for in chapter one hundred and sixty-four of the 
General Laws, or the cost of such work, including the cost 
of equipment or parts to be attached to appliances or fixtures 
of consumers to permit the use of natural gas, shall be 
deemed to be necessary and incidental to the conversion of 
the gas plants so as to provide facilities for the purchase, 
sale and distribution of natural gas for which the said city 
may borrow money under the provisions of section one of 
this act, and funds borrowed for such purposes may also 
be used to pay the cost of such work in addition to any 
funds available in the depreciation fund. 

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

Approved June 28, 1951. 



ChapAS7 ^ ■^^'^ "^O AUTHORIZE THE TOWN OF UXBRIDGE TO CONSTRUCT 
A SCHOOL BUILDING OR BUILDINGS ON LAND KNOWN AS THE 
UXBRIDGE FAIR GROUNDS NOW USED AS AN ATHLETIC 
FIELD. 

Be it enacted, etc., as follows: 

Section 1. The town of Uxbridge is hereby authorized 
to use such part of the Uxbridge fair grounds, known as the 
Uxbridge Athletic Field, as may be approved by the Uxbridge 
Athletic Field Commission for constructing and maintaining 
a school building or buildings thereon. 

Section 2. Action taken in the current year by the town 
of Uxbridge appropriating money for school construction 
prior to the effective date of this act shall be as effective 
and vaUd as though this act had been in full force and effect 
at the time of the posting of the warrant for the meeting at 
which such action was taken. 

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

Approved June 28, 1951. 



Chap. 4:^8 -^N Act further extending the opportunity to cities 

AND TOWNS TO BORROW UNDER THE ACT CREATING THE 
emergency FINANCE BOARD. 

Emergency Whereas, The provisions of law sought to be extended 

preamble. ^^ ^j^.^ ^^^ would, but for this act, shortly cease to be effec- 
tive, but the circumstances and conditions which made 
advisable their enactment still continue and it is accordingly 
desirable that said provisions continue in effect without 
intenoiption ; therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the pubUc convenience. 



Acts, 1951.— Chap. 438. 339 



Be it enacted, etc., as follaws: 

Section 1. Chapter 49 of the acts of 1933 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 79 of the acts of 1949, and inserting 
in place thereof the following section : — Section 2. The 
treasurer of any city or town, if authorized by a two thirds 
vote, as defined by section one of chapter forty-four of the 
General Laws, and with the approval of the mayor or the 
selectmen, may, on behalf of such city or town, petition 
the board to approve of its borrowing money from the com- 
monwealth for ordinary maintenance expenses and revenue 
loans, and the board may, if in its judgment the financial 
afifairs of such city or town warrant, grant its approval to 
the borrowing as aforesaid of specified sums not at any time 
exceeding, in the aggregate, the total amount represented 
by tax titles taken or purchased by such city or town and 
held by it; provided, that such borrowing is made at any- 
time or times prior to July first, nineteen hundred and fifty- 
three. In case of such approval, the treasurer of such city 
or town shall, without further vote, issue notes, with inter- 
est at such rate as may be fixed hy the treasurer with the 
approval of the board, in the amount approved by the 
board, for purposes of sale to the commonwealth only, and 
said notes, upon their tender to the state treasurer, shall 
forthwith be purchased by the commonwealth at the face 
value thereof. Such notes shall be payable in not more 
than one year, and may be renewed from time to time, if 
authorized by the board, but no renewal note shall be for a 
period of more than one year, and the maturity of any loan 
or renewal shall not be later than July first, nineteen hundred 
and fifty-four. Such notes shall be general obligations of 
the city or town issuing the same, notwithstanding the fore- 
going provisions. Indebtedness incurred by a city or town 
under authority of this act shall be outside its limit of in- 
debtedness as fixed by chapter forty-four of the General 
Laws. The excess, if any, of the amount of interest payments 
received by the commonwealth on account of notes issued 
by cities and towns hereunder over the cost to the common- 
wealth for interest on money borrowed under section five, 
expenses of the board, including compensation paid to its 
appointive members, and expenses of administration of the 
funds provided by sections three and five shall be distributed 
to such cities and towns in November, nineteen hundred 
and fifty-five, or earlier at the discretion of the board, in the 
proportion which the aggregate amounts payable by them 
on account of interest on such notes bear to the total amounts 
so payable by all cities and towns hereunder. 

Section 2. Said chapter 49 is hereby further amended 
by striking out section 5, as most recently amended by 
section 2 of said chapter 79, and inserting in place thereof 
the following section: — Section 5. The state treasurer, 
with the approval of the governor and council, may borrow 



340 Acts, 1951. — Chaps. 439, 440. 

from time to time, on the credit of the commonwealth, such 
sums as may be necessary to provide funds for loans to 
municipalities as aforesaid, and may issue and renew notes 
of the commonwealth therefor, bearing interest payable at 
such times and at such rate as shall be fixed by the state 
treasurer, with the approval of the governor and council; 
provided, that the total indebtedness of the commonwealth 
under this section, outstanding at any one time, shall not 
exceed ten million dollars. Such notes shall be issued for 
such maximum term of years as the governor may recom- 
mend to the general court in accordance with section 3 of 
Article LXII of the amendments to the constitution of the 
commonwealth, but such notes, whether original or renewal, 
shall be payable not later than June thirtieth, nineteen 
hundred and fifty-six. All notes issued under this section 
shall be signed by the state treasurer, approved by the 
governor and countersigned by the comptroller. 

Approved June 28, 1951. 



ChapAS9 An Act validating proceedings of the annual meeting 

OF THE LYNNFIELD WATER DISTRICT IN THE TOWN OF 
LYNNFIELD. 

Be it enacted, etc., as follows: 

Section 1. All proceedings at the annual meeting of the 
LjTinfield Water District in the town of Lynnfield held on 
the eleventh of April in the current year are hereby validated 
and confirmed. 

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

Approved June 28, 1951. 



ChavA40 An Act relative to establishing first aid facilities 

IN THE STATE HOUSE. 

Emergency Whercas, The deferred operation of this act would tend 

pream e ^^ defeat its purpose, which is to make available forthwith 

the services provided for therein, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public convenience. 

Be it enacted, etc., as follows: 
G. L. (Ter. SECTION 1. Chapter 7 of the General Laws is hereby 

feB, added, amended by inserting after section 6A the following sec- 

Establishmi 

ffcmtieB'hi qualified and licensed medical doctor as state house physician 



Establishment tion : — SectioH 6B. The commission shall appoint a duly 
ffcmtieefn Qualified and licensed medical doctor as state house physician 
ho^r**" *^ serve under the commission and at its pleasure. He shall 

be provided with suitable quarters in the state house for the 
sole purpose of rendering necessary first aid and emergency 
medical treatment in and about the state house in accordance 
with such rules and regulations as the commission may from 
time to time prescribe. He shall receive such salary as may 
be established by the commission and may employ, subject 



Acts, 1951. — Chap. 441. 341 

to the approval of the commission, such nursing and other 
assistants as he deems necessary. 

Section 2. Upon the effective date of this act the person state house 
acting as assistant director of local health administration appointment 
and physician to the general court shall become the state "f 
house physician authorized by section six B of chapter seven 
of the General Laws and he shall be deemed to be perma- 
nently appointed as such physician without being required 
to take any examination under the civil service laws and 
rules. 

Section 3. AU future appointments to the office of state Future 
house physician shall be filled subject to chapter thirty-one =^i'P°'"t"icnts. 
of the General Laws. Approved June 28, 1951. 



An Act further defining the meaning of the word QfiQ/n 4.4.1 

"veteran" as used in the laws relative to providing 
housing for veterans. 

Whei'eas, The deferred operation of this act would tend ^rer^br*^^ 
to defeat its purpose, which is to make the provisions con- 
tained herein effective forthwith, 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 L Section 26 J of chapter 121 of the General gjV'iJr' 
Laws, as amended, is hereby further amended by striking § 26J. etc.. 
out the paragraph defining "Veteran", as appearing in sec- *™®"*^^^' 
tion 1 of chapter 624 of the acts of 1950, and inserting in 
place thereof the following: — 

"Veteran", a person who has served in the active military j^p'^^j*" 
or naval service of the United States under the flag of the 
United Nations at any time on or after June twenty-fifth, 
nineteen hundred and fifty, or is so serving; also a person 
who has served in the active mihtary or naval service of the 
United States at any time on or after September sixteenth, 
nineteen hundred and forty, and prior to July twenty-sixth, 
nineteen hundred and forty-seven, or at any time on or after 
April sixth, nineteen hundred and seventeen, and prior to 
November eleventh, nineteen hundred and eighteen, and who 
was discharged or released therefrom under conditions other 
than dishonorable. The term shall also include the wife, 
widow, mother or other dependent of such person. 

Section 2. Section 3 of chapter 372 of the acts of 1946 
is hereby amended b}-^ striking out the paragraph defining 
"Veteran", as appearing in section 2 of said chapter 624, and 
inserting in place thereof the following : — 

"Veteran", a person who has served in the active military 
or naval service of the United States under the flag of the 
United Nations at any time on or after June twenty-fifth, 
nineteen hundred and fifty, or is so serving; also a person 
who has served in the active military or naval service of the 
United States at any time on or after September sixteenth, 



342 Acts, 1951. — Chaps. 442, 443. 

nineteen hundred and forty, and prior to July twenty-sixth, 
nineteen hundi'ed and forty-seven, or at any time on or after 
April sixth, nineteen hundred and seventeen, and prior to 
November eleventh, nineteen hundred and eighteen, and 
who was discharged or released therefrom under conditions 
other than dishonorable. The term shall also include the 
wife, widow, mother or other dependent of such person. 

Approved June 28, 1951. 



ChapA4o2 An Act relating to the abolishing of a grade crossing 

IN THE CITY OF JALEM. 

Be it enacted, etc., as follows. • 

Section 1. The agreement between the city of Salem and 
the Boston and Maine Railroad Corporation dated August 
twenty-first, nineteen hundred and fifty, relating to the 
abolishing of the North street grade crossing in said city, is 
hereby vaHdated and for the purpose of meeting its share of 
the cost of abolishing said grade crossing, including meeting 
its obligations under said contract, said city may use the 
one hundred and seventy-five thousand dollars appropriated 
by the order of the city council, approved by the mayor on 
March ninth, nineteen hundred and fifty-one, including the 
proceeds of the one hundred and sixty thousand dollar bonds 
authorized by said order under clause (5) of section seven 
of chapter forty-four of the General Laws. 

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

Approved June 28, 1951. 

ChapA4iS An Act providing for a five day work week for members 

OF the POLICE DEPARTMENT OF THE TOWN OF NAHANT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of gen- 
eral or special law, all members of the police department of 
the town of Nahant shall be excused from duty for two days 
out of every seven, without loss of pay. A member so ex- 
cused shall be exempt from duty and from attendance at a 
police station or other place, but otherwise shall be subject 
to all laws, rules and regulations relating to members of the 
department. The chief of the police department or the board 
of selectmen of said town, in case of any public emergency, 
or of any unusual demand for the services of the police, 
may prevent any member of the department from taking 
the days off at the time when he is entitled thereto, provided 
that such days off shall be granted to him as soon thereafter 
as is practicable. 

Section 2. This act shall be submitted to the registered 
voters of the town of Nahant for acceptance at the annual 
town election in the year nineteen hundred and fifty-two, 
in the form of the following question which shall be placed 
on the ofl&cial ballot to be used in said town at said election : 



Acts, 1951. — Chaps. 444, 445, 446. 343 

— "Shall an act passed by the general court in the year 
nineteen hundred and fifty-one, entitled *An Act providing 
for a five day work week for members of the police depart- 
ment of the town of Nahant', be accepted?" If a majority 
of votes in answer to said question is in the affirmative, then 
this act shall take full effect, but not otherwise. 

Approved June 28, 1951. 

An Act relative to the placing of poison or poisoned ChavA4i4i 

FOOD FOR the CONTROL OF RATS, MICE OR OTHER RODENTS. 

Be it enacted, etc., as follows: 

Chapter 270 of the General Laws is hereby amended by Edo'm'^ 
inserting after section 3 the following section: — Section SA. newj 3a', 
WTioever negligently or maliciously places any poison or niegai use 
poisoned food for the control of rats, mice or other rodents of poison, 
in any place where it may cause injury to any human bemg 
or domestic animal shall be punished by a fine of twenty- Penalty. 
five dollars. The officers charged with the enforcement of 
the laws relating to fish, birds and mammals under chap- 
ter one hundred and thirty-one shall take cognizance of 
violations of this section and enforce the provisions thereof, 
and they shall have all powers necessary therefor. 

Approved June 28, 1951. 

An Act increasing the fee for the filing of certain Chav.4A5 

STATEMENTS WITH THE STATE SECRETARY CONCERNING 
TRUST RECEIPT TRANSACTIONS. 

Be it enacted, etc., as follows: 

Subsection 3 of section 13 of chapter 255A of the General |j^- ^J|^- 
Laws, as appearing in chapter 264 of the acts of 1936, is § 13,' etc.. ' 
hereby amended by striking out, in fine 7, the words "one ''"''''*'*^'^- 
dollar" and inserting in place thereof the words: — three 
dollars, — so as to read as follows: — 

3. The state secretary shall cause each statement filed ^^««- 
to be marked with a consecutive file number, and with the 
date and hour of filing, to be kept in a separate file, and to 
be noted and indexed in a suitable index, arranged accord- 
ing to the name of the trustee and containing a notation of 
the trustee's chief place of business as given in the state- 
ment. The fee for filing any such statement shall be three 
dollars. Approved June 28, 1951. 

An Act requiring the approval of the department of QhapA'^'^ 

PUBLIC utilities ON CONTRACTS FOR THE PURCHASE OF 
GAS BY THE BOSTON CONSOLIDATED GAS COMPANY. 

Be it enacted, etc., as follows: 

Chapter 417 of the acts of 1903 is hereby amended by 
striking out section 6 and inserting in place thereof the fol- 
lowing section : — Section 6. Said Boston Consohdated Gas 



344 Acts, 1951. — Chap. 447. 

Companj' shall not contract for the purchase of any gas for 
a period of more than thirty days without having first 
proved to the reasonable satisfaction of the department of 
public utilities at a public hearing that such contract and 
its terms and conditions are in the public interest. No con- 
tract which said Boston Consohdated Gas Company shall 
make for the purchase of any portion of its gas shall in any 
respect affect any authority previously or hereafter con- 
ferred on said department to fix the price to be charged by 
said company for gas. Approved June 28, 1951. 



ChapA^7 An Act relative to financial assistance to cities and 

TOWNS IN the construction OF SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

The fourth paragraph of section 8 of chapter 645 of the 
acts of 1948, as appearing in section 1 of chapter 528 of the 
acts of 1950, is hereby amended by striking out, in line 21, 
the words "been authorized to borrow money" and insert- 
ing in place thereof the words : — incurred indebtedness, — 
so as to read as follows : — 

Any city or town which has received, in accordance with 
the provisions of the preceding section, notice of approval 
and an estimate of the amount of school construction grant 
to which such city or town may be entitled, may, during 
the time this chapter remains in effect, borrow from time 
to time for said approved school project an amount not ex- 
ceeding said estimated grant, or such larger amount as may 
be approved by the emergency finance board estabhshed 
under chapter forty-nine of the acts of nineteen hundred and 
thirty-three, and may issue bonds or notes therefor which 
shall bear on their face the words, (name of 

city or town) School Project Loan, Act of 1948. Each 
authorized issue shall constitute a separate loan and such 
loans shall be paid in not more than tv/enty years from their 
dates. Indebtedness incurred under this act shall be in ex- 
cess of the statutor}' limit, but shall, except as herein pro- 
vided, be subject to the applicable provisions of chapter 
forty-four of the General Laws, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 
This paragraph shall not apply to a citj^ or town which has 
incurred indebtedness outside the limit of indebtedness for 
school construction purposes since January first, nineteen 
hundred and forty-six. The members of the aforesaid emer- 
gency finance board when acting under this paragraph shall 
receive from the commonwealth compensation to the same 
extent as provided under chapter three hundred and sixty- 
six of the acts of nineteen hundred and thirty-three, as 
amended, including chapter seventy-four of the acts of nine- 
teen hundred and forty-five. Approved June 28, 1951. 



Acts, 1951.— Chap. 448. 345 

An Act making further provision for the protection (^/^^j 44c 

OF PUBLIC WATER SUPPLIES. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 111 of the General g-^ l. (Ter 
Laws, as amended by section 6 of chapter 265 of the acts etc^.'araended" 
of 1938, is hereby further amended by adding at the end the 
following paragraph : — 

"Inland waters" shall include any and all lakes, ponds, "inland 
streams, tidal waters and flats, and underground waters. de'fined. 

Section 2. Section 159 of said chapter 111, as appearing g. l. (Tpp. 
in the Tercentenary Edition, is hereby amended by striking ftso/^'' 
out, in line 2, the words "and ponds" and inserting in place amended, 
thereof the words : — , ponds and underground waters, — 
and by inserting after the word "company", in line 4, the 
words: — or any person, — so as to read as follows: — »Srec- supervision 
tion 159. The department shall have the general oversight water^'* 
and care of all inland waters and of all streams, ponds and 
underground waters used by any city, town, water supply 
or fire district or public institution or by any water or ice 
company or any person in the commonwealth as sources of 
ice or water supply and of all springs, streams and water- 
courses tributary thereto. It shall be provided with maps, 
plans and documents suitable for such purposes, and shall 
keep records of all its transactions relative thereto. It shall 
give notice to the attorney general of any violation of law 
relative to the pollution of water supplies and inland waters. 

Section 3. Section 160 of said chapter HI, as so appear- g. l. (Ter. 
ing, is hereby amended b}^ inserting after the word "regula- fteo/^^' 
tions", in line 5, the words: — and issue such orders as in amended, 
its opinion may be necessary, — and by inserting after the 
word "health", in line 16, the words: — and to restrain the 
use of such waters to the extent as in its opinion such use 
will not tend to adversely affect the public health, — so as 
to read as follows: — Section 160. The department may Examination 
cause examinations of such waters to be made to ascertain ll^^^y^ 
their purity and fitness for domestic use, or the possibility 
of their impairing the interests of the public or of persons 
lawfully using them or of imperilling the public health. It 
may make rules and regulations and issue such orders as in Rules, 
its opinion may be necessary to prevent the pollution and 
to secure the sanitar^^ protection of all such waters used as 
sources of water supply. It may delegate the granting and 
withholding of any permit required by such rules or regula- 
tions to state departments, boards and commissions and to 
selectmen in towns, and to boards of health, water boards 
and water commissioners in cities and towns, to be exercised 
by such selectmen, departments, boards and commissions, 
subject to such recommendation and direction as shall be 
given from time to time by the department; and upon com- 
plaint of any person interested, the department shall investi- 
gate the granting or withholding of any such permit, and 
make such orders relative thereto as it may deem necessary 



346 



Acts, 1951. — Chap. 449. 



Penalty for 
violation. 



G. L. (Ter. 
Ed.), Ill, 
§ 162. 
amended. 

Removal of 
causes of 
pollution. 



G. L. (Ter. 
Ed.). Ill, 
§ 163, 
amended. 



Appeal. 



for the protection of the public health and to restrain the 
use of such waters to the extent as in its opinion such use 
will not tend to adversely affect the pubUc health. Who- 
ever violates any such orders, rules or regulations shall be 
punished by a fine of not more than five hundred dollars, to 
the use of the commonwealth, or by imprisonment for not 
more than one year, or both. 

Section 4. Section 162 of said chapter 111, as so appear- 
ing, is hereby amended by inserting after the word "spring", 
in fine 6, the words : — , underground waters, — so that the 
first sentence will read as follows : — Upon petition to the 
department by the mayor of a city or the selectmen of a 
town, the managing board or officer of any public institu- 
tion, or by a board of water commissioners, or the president 
of a water or ice company, stating that manure, excrement, 
garbage, sewage or any other matter pollutes or tends to 
pollute the waters of any stream, pond, spring, underground 
waters, or watercourse used by such city, town, institution 
or company as a source of water supply, the department shall 
appoint a time and place within the county where the nui- 
sance or pollution is alleged to exist for a hearing, and after 
notice thereof to parties interested and a hearing, if in its 
judgment the public health so requires, shall, by an order 
served upon the party causing or permitting such pollution, 
prohibit the deposit, keeping or discharge of any such cause 
of pollution, and shall order him to desist therefrom and to 
remove any such cause of pollution; but the department 
shall not prohibit the cultivation and use of the soil in the 
ordinary methods of agriculture if no human excrement is 
used thereon. 

Section 5. Section 163 of said chapter 111, as so appear- 
ing, is hereby amended by striking out, in hnes 1 and 2, the 
words "the preceding section" and inserting in place thereof 
the words: — section one hundred and sixty or section one 
hundred and sixty-two, — so as to read as follows: — Sec- 
tion 163. Whoever is aggrieved by an order made under 
section one hundred and sixty or section one hundred and 
sixty-two may appeal therefrom as provided in section one 
hundred and forty-seven ; but such notice as the court shall 
order shall also be given to the board of water commissioners 
and mayor, or chairman of the selectmen, or president or 
other officer of the water or ice company interested in such 
order. While the appeal is pending the order of the depart- 
ment shall be complied with, unless otherwise authorized 
by it. Approved June 28, 1951. 



Chap.4A9 An Act authorizing the city of medford to appropriate 

AND PAT A SUM OF MONEY TO RICHARD ROUSAY. 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of discharging a moral 
obligation, the city of Medford is hereby authorized to 
appropriate and pay to Richard Rousay the sum of two 



Acts, 1951.— Chaps. 450, 451. 347 

hundred and eighty dollars to reimburse said Rousay for 
medical expenses incurred by him as a result of injuries 
which he sustained on October seventh, nineteen hundred 
and forty-seven, while on duty as a police officer of said city. 

Section 1A. No payments shall be made under the 
provisions of section one unless and until receipted vouchers 
for medical expenses incurred by the said Richard Rousay 
have been filed with the city auditor. 

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 June 28, 1951. 

An Act authorizing the city of medford to appro- (JJku) 450 
priate and pay a sum of money to dora a. nicoll, ^' 

administratrix of the estate of oliver c. nicoll. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Medford is hereby authorized to 
appropriate and pay to Dora A. Nicoll, administratrix of 
the estate of Oliver C. Nicoll the sum of four hundred and 
thirty-five dollars and sixty-eight cents to reimburse said 
administratrix for medical expenses incurred by said Oliver 
C. Nicoll as a result of injuries which he sustained in the 
line of duty as a fireman of said city. 

Section 1A. No pajonents shall be made under the 
provisions of section one unless and until receipted vouchers 
for medical expenses incurred by the said Oliver C. Nicoll 
have been filed with the city auditor. 

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 June 28, 1951. 

An Act authorizing the town of holbrook to use a QfiQj) 451 
portion of the holbrook playgrounds, so called, ^' 

for school purposes. 

Re it enacted, etc., as follows: 

Section 1. The town of Holbrook is hereby authorized 
to use for school purposes land situated on the easterly side 
of South Franklin street in said town, and adjacent to the 
Sumner High School lot, being a portion of a playground 
known as the "Holbrook Playgrounds" and under the 
direction of the park department of said town, and being 
bounded and described as follows : — Starting at a point on 
the easterly side of Franklin street, as shown on plan of 
land in Holbrook, JMassachusetts, entitled "Plan of Land in 
Holbrook, Massachusetts now or formerly owned by Charles 
E. Moore 1910", and running in an easterly direction along 
other land of the town of Holbrook three hundred thirty- 
nine and twentj'-five one hundredths feet to a point, thence 



348 Acts, 1951.— Chaps. 452, 453. 

turning and running in a northerly direction one hundred 
and eighty-four feet to a drill hole at land now or formerly 
of J. T. South worth; thence turning and running in a 
westerly direction along land now or formerly of said J. T. 
Southworth three hundred and sixty-eight and thirty-five 
one hundredths feet to said Franklin street; thence turning 
and running along the easterly line of Franldin street one 
hundred and eighty-eight and eight tenths feet to the point 
of beginning. Containing an area of one and fifty-one 
hundredths acres. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by a majority of the regis- 
tered voters of the to^vn of Holbrook voting thereon at a 
special town meeting called for the purpose, or upon its 
acceptance b}^ a majority of the registered voters voting 
thereon at the next annual town meeting, but not otherwise. 

Approved June 28, 1951. 

ChapA52 An Act to bring certain provisions of the income tax 

LAW INTO CONFORMITY W^TH CERTAIN OTHER PROVISIONS 
OF LAW. 

Be it enacted, etc., as foUoivs: 

Ed.V.'6?§3o. Section 1. Section 30 of chapter 62 of the General 

etc!, amended! Laws, as amended by chapter 152 of the acts of 1935, is 

hereby further amended by striking out, in line 3, the word 

"two" and inserting in place thereof the word: — three, — 

Verification SO that the first sentence will read as follows : — In order 

to verify any return made pursuant to this chapter the 

commissioner raay, within three years after September first 

of the year in which such return was due, direct by special 

authorization a deputy or other agent to verify the return; 

and for the purpose of such verification the books and 

papers of the person shall be open to the examining officer, 

or shall be produced for the purpose upon a summons, which 

the commissioner, or the examining officer, may issue. 

Ed^'eJ^ls" Section 2. Section 32 of said chapter 62, as appearing 

amended. "' in the Tercentenary Edition, is hereby amended by striking 

out, in line 8, the word "two" and inserting in place thereof 

the word : — three, — so that the tliird sentence will read 

Preservation as follows : — Said retums shall be preserved for three 

of returns. years, and thereafter until the commissioner orders them 

destroyed. Approved June 28, 1951. 

ChapAbS An Act providing that the department of public w^orks 

SHALL CONTROL THE LAND AND RIGHTS IN LAND TAKEN 
IN BBHALF OF A CITY OR TOWN UNTIL THE COMPLETION 
OF THE WORK. 

Be it enacted, etc., as follows: 

EdV'a?" Section 7A of chapter 81 of the General Laws, as amended 

J 7A. etc.. by chapter 448 of the acts of 1948, is hereby further amended 
amended. ^^ inserting before the last sentence the following sentence: 



of return. 



Acts, 1951.— Chaps. 454, 455, 456. 349 

— Control of the land or rights in the land acquired under Control of 
this section shall not vest in the city or town until such 
time as the work for which the land or rights in land have 
been acquired has been completed by said department. 

Approved June 28, 1951. 



An Act authorizing the city of Worcester to pay an (7/jaT>.454 

ADDITIONAL FOUR DOLLARS TO ALL ELECTION PRECINCT ^ ^' 
WORKERS EMPLOYED AT THE LAST BIENNIAL STATE ELEC- 
TION. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized 
to appropriate and pay to each election precinct worker em- 
ployed to work, and who did work at the last biennial state 
election, the sum of four dollars in addition to the sixteen 
dollars per diem rate, so that the total compensation for 
each such worker at said election shall be twenty dollars. 

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

Approved June 28, 1951. 

An Act providing for the indemnification by the com- r^hn^ 455 

MONWEALTH OF CERTAIN OF ITS EMPLOYEES FOR CERTAIN ^' 

expenses OR DAMAGES INCURRED BY THEM. 

Be it enacted, etc., as follows: 

The last paragraph of section 7 of chapter 7 of the General g l. (Ter 
Laws, as most recently amended by chapter 512 of the acts etc!, 'amended. 
of 1950, is hereby further amended by adding at the end the 
following: — ; provided, that the rules regarding sick leave indemnifica- 
credits shall provide that employees, who receive bodily in- [|^'?° [nluHea 
juries, while in the performance of duty, resulting from acts 
of violence of patients or prisoners in their custody, and who 
as a result of such injury would be entitled to benefits under 
chapter one hundred and fifty-two, may be paid the differ- 
ence between the weekly cash benefits to which they would 
be entitled under said chapter one hundred and fifty-two 
and their regular salary without using any sick leave benefit 
credits which such employee may have prior to such injury 
although such injury caused such employee was for less than 
eight days' duration. Approved June 28, 1951. 

An Act relative to the reserve fund for the payment (jfiQj) 456 

OF CERTAIN OBLIGATIONS INCURRED BY A HOUSING AU- "* 

THORITY IN STATE-AIDED HOUSING PROJECTS. 

Whereas, The deferred operation of this act would tend ^^^^^^^'^^ 
to defeat its purpose, which is to provide low rent housing '"^^*" 
forthwith for veterans of World War II, therefore this act 
is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 



350 



Acts, 1951. — Chap. 457. 



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



Creation of 
reserve fund. 



Be it enacted, etc., as follows: 

Section 26NN of chapter 121 of the General Laws is 
hereby amended by striking out the last sentence of the 
first paragraph, as appearing in section 3 of chapter 200 of 
the acts of 1948, and inserting in place thereof the following 
sentence: — Each project developed under this section and 
section twenty-six 00 shall be administered for occupancy 
in accordance with section twenty-six FF, except clause (c), 
and except that for each project the authority shall create, 
during not less than the twelve years immediately succeed- 
ing its issuance of any bonds, notes or other evidence of 
indebtedness, a reserve sufficient to meet the largest principal 
and interest payments which will be due on such bonds in 
any one year thereafter and shall maintain such reserve; 
and except that each such project shall be occupied ex- 
clusively by veterans and their famihes and priority shall be 
given fii'st to veterans of World War II of low income, then 
to veterans of low income, such low income to be determined 
from time to time by the board. 

Approved June 30, 1951. 



Chap 



Ad7 An Act redefining the port of boston and transfer- 
ring ALL rights, powers AND DUTIES IN RESPECT TO 
CERTAIN TIDEWATERS AND TIDELANDS FROM THE PORT OF 
BOSTON AUTHORITY TO THE DEPARTMENT OF PUBLIC 
WORKS. 

^rTambi"*"^ TFAerefls, The deferred operation of this act would tend 

to defeat its purpose which is to provide for the immediate 
transfer of all rights, powers and duties in respect to certain 
tidewaters and lands under water from the Port of Boston 
Authority to the department of public works, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows. ■ 

Section 1. Chapter 91 A of the General Laws is hereby 
amended by striking out section 2, as appearing in section 3 
of chapter 619 of the acts of 1945, and inserting in place 
thereof the following : — Section 2. For the purposes of 
this chapter, the Port of Boston is defined to be all of the 
tidewater lying westerly of the following described line: 
Point Allerton to the northeasterly side of Green Island, 
thence to the southerly point of Deer Island, thence to the 
northeasterly corner of President Roads anchorage basin, 
thence along the northerly side of said anchorage basin, 
thence along the westerly end of said anchorage basin and a 
line in extension thereof to the northerly line of the thirty- 
five-foot main ship channel, thence along the northerly fine 
of the main ship channel to the Bird Island anchorage basin, 
thence along the easterly end and northerly side of said 
Bird Island anchorage basin to an intersection of the south- 



G. L. (Ter. 
Ed.). 91A, § 2, 
etc., amended. 



"Port of 
Boston", 
defined. 



Acts, 1951.— Chap. 457. 351 

easterly side line of Jeffries street extended southwesterly, 
thence northeasterly along said line extended and the south- 
easterly side Hne of Jeffries street to Maverick street, except- 
ing therefrom all of the tidewater now or formerly in the 
cities of Somerville, Cambridge and Boston bounded on the 
seaward side by a Hne beginning at a point in the Charles- 
town section of the city of Boston having co-ordinates 
X = 718,435.88 and Y = 499,894.43 on the Massachusetts 
Co-ordinate System (Mainland Zone) as established by 
chapter forty-seven of the acts of nineteen hundred and 
forty-one, and extending thence, crossing the Charles river 
by a hne bearing south 27° 50' 07" east, parallel to and ap- 
proximately sixty feet easterly from the center line of the 
Charlestown bridge to the northerly street line of Commer- 
cial street; thence following said street line northeasterly, 
easterly and southeasterly to the easterly street line of 
Atlantic avenue; thence following said hne of Atlantic ave- 
nue and an extension thereof southerly to a point on the 
extension of a hne parallel to the center line of the Northern 
avenue bridge and approximately fifty feet distant south- 
westerly therefrom; thence following said line parallel to 
the center line of Northern avenue bridge south 61° 23' 02" 
east to the intersection of said line and the harbor line of the 
westerty side of Fort Point channel as established by sec- 
tion two of chapter one hundred and seventy of the acts of 
eighteen hundred and eighty; thence southwesterly by said 
harbor line to point I of the harbor line established by sec- 
tion two of said chapter one hundred and seventy; thence 
southwesterly by the harbor hne by the arc of a circle having 
a radius of three hundred and thirty-eight feet about one 
hundred and fifty-seven feet to point H' as established by 
section one of chapter two hundred and seventy-eight of 
the acts of nineteen hundred and twenty-nine; thence by 
the harbor line to the left by the arc of a circle having a 
radius of seven hundred and fifty feet to a point G', said 
G' being the intersection of said arc and the harbor line as 
estabhshed by section one of chapter two hundred and 
thirty-two of the acts of eighteen hundred and seventy- 
three. 

Section 2. Section 3 of said chapter 91A, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in lines 8 to 10, f s/^t^.^' 
inclusive, the words: — "and land of the commonwealth amended, 
between Nashua street and the Charles river". 

Section 3. All the rights, powers and duties on the Transfer of 
effective date of this act pertaining to the Port of Boston pf^.er's, 
Authority, hereinafter referred to as the Authority, in re- duties. ' 
spect to lands, rights in lands, flats, shores, waters and rights 
belonging to the commonwealth in tidewaters and in lands 
under water within that portion of the Port of Boston, as 
such term was heretofore defined, which has been excepted 
therefrom by section one of this act, hereinafter referred to 
as the excepted portion of the Port of Boston, and any other 
rights and powers heretofore vested by the laws of the com- 



352 Acts, 1951.— Chaps. 458, 459. 

monwealth in the Authority in respect to such excepted 
portion of the Port of Boston are hereby transferred to and 
hereafter shall be vested in and exercised by the department 
of public works. The said department shall also assume and 
take over, on behalf of the commonwealth, any rights, 
powers and duties of the Authority under any contracts 
heretofore assumed or made for the improvement, filling, 
sale, use or other disposition of the lands, flats or waters of 
the commonwealth within such excepted portion of the Port 
of Boston, including any structures which, on said effective 
date, are existing or being built therein or thereon. The 
Authority shall deliver to the department of public works 
such maps, charts, plans and documents now in its custody 
relating to the waters and lands placed in charge of said 
department by this act as may be practicable; and said 
department shall at all times have access to any other maps, 
charts, plans and documents relating to said waters and 
lands, in the office of said Authority or in the office or cus- 
tody of any other public board, commission or official. 
dutiS^^""'^ Section 4. The department of public works shall have 

in respect to the excepted portion of the Port of Boston all 
powers and duties under sections three to seven, inclusive, 
and under section fifteen of chapter ninety-one of the Gen- 
eral Laws which it had prior to the effective date of section 
eight of chapter six hundred and nineteen of the acts of 
nineteen hundred and forty-five. 

Approved June 30, 1951. 

ChapA58 ^^ ^^t relative to the division of ward two in the 

CITY OF EVERETT INTO FOUR PRECINCTS IN THE CURRENT 
YEAR. 

Be it enacted, etc., as foUoivs: 

Section 1. So much of section two of chapter fifty-four 
of the General Laws, as amended by section one of chapter 
four hundred and eleven of the acts of nineteen hundred 
and forty-three, as provides that "Except as provided in 
section three, when new precincts are established, the new 
division shall take effect on the thirty-first day of December 
next following", shall not apply to any action taken prior 
to the first day of June, nineteen hundred and fifty-one by 
the board of aldermen of the city of Everett to divide ward 
two of said city into four precincts under said section two. 
Any such action of the board of aldermen shall take effect 
immediately. 

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

Approved June 30, 1951. 

ChapA5Q An Act extending the time during which the youth 
service board may maintain a place of custody in 
the city of boston. 

Emergency Whevcas, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose, which is to make its provisions effective 



Acts, 1951. — Chap. 460. 353 

forthwith, 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 1 of chapter 542 of the acts of 1948, 
as amended by section 1 of chapter 549 of the acts of 1950, 
is hereby further amended by striking out, in line 20, the 
word "fifty-one" and inserting in place thereof the word: — 
fifty-two, — so as to read as follows: — Section 1. Upon its 
organization the youth service board established by section 
sixty-four of chapter six of the General Laws, as inserted by 
section two of chapter three hundred and ten of the acts 
of the current year, hereinafter called the board, shall forth- 
with establish in the city of Boston for use during the limited 
period hereinafter specified, one or more places of custody 
which shall be completely separate from any lockup, police 
station or house of detention in said city, which shall be 
used solely for the temporary care, custody and study, under 
sections sixty-six, sixty-seven and sixty-eight of chapter one 
hundred and nineteen of the General Laws, of delinquent 
and wayward children between the time of their arrest or 
taking into custod}" and the final disposition of their case, 
and shall be maintained by the board until the board has 
developed a program for the care, custody and study of 
such children between the time of their arrest or taking 
into custody and the final disposition of their case; but in 
no event shall said place or places of custody be maintained 
longer than July first, nineteen hundred and fifty-two. 

Section 2. Said chapter 542 is hereby further amended 
by striking out section 2, as amended by section 2 of said 
chapter 549, and inserting in place thereof the following: — 
Section 2. For establishing and maintaining a place or 
places of custody under this act, the board may expend such 
sums as may be appropriated therefor. Not later than 
October first in each of the years nineteen hundred and 
fifty-one and nineteen hundred and fifty-two, the board 
shall certify to the state treasurer the total amount expended 
by it under this act during the preceding fiscal year. One 
half of such amount shall be assessed on the city of Boston 
as provided by section twenty of chapter fiftj^-nine of the 
General Laws. Approved June 30, 1951. 

An Act relative to the civil liability of persons own- C/?ap.460 

ING OR controlling REAL ESTATE OR OTHER PREMISES 
USED FOR CIVIL DEFENSE SHELTERS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is, in part, to relieve persons own- p'^^^'^bie. 
ing or controlling real estate or other premises used for civil 
defense purposes from ci\al liability under certain circum- 
stances, and to assure adequate ci\al defense protection, 
therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public convenience. 



354 



Acts, 1951.— Chap. 461. 



Be it enacted, etc., as follows: 

Chapter 639 of the acts of 1950 is hereby amended by in- 
serting after section 12 the following section: — Section 12 A. 
Any person owning or controlling real estate or other premises 
who voluntarily and without compensation grants to a city 
or town a license or privilege, or otherwise permits a city or 
town, to inspect, designate and use the whole or any part or 
parts of such real estate or premises for the purpose of 
sheltering persons during an actual, impending or mock 
enemy attack shall, together with his successors in interests, 
if any, not be civilly liable for neghgently causing the death 
of, or injury to, any person, or for loss of, or damage to, the 
property of such person on or about such real estate or 
premises under such license, privilege or other permission; 
and section fifteen of chapter one hundred and eighty-six of 
the General Laws shall not be deemed to apply to any agree- 
ment granting such license or privilege or to such other per- 
mission, whether such agreement is executed, or such other 
permission is given, before or after the effective date of this 
section. Approved June SO, 1951. 



ChapA&l An Act changing the design of railroad warning 

SIGNS AT GRADE CROSSINGS. 



G. L. (Ter. 
Ed.). 160, 
§ 142, etc., 
amended. 



Design of 

railroad 

warning 



Be it enacted, etc., as follows: 

Section 1. Section 142 of chapter 160 of the General 
Laws is hereby amended by striking out the second and third 
sentences, as appearing in section 1 of chapter 584 of the 
acts of 1947, and inserting in place thereof the following: — 
The signs shall consist of a metal disc thirty inches in diam- 
eter, the field thereof to be enamelled yellow, with an en- 
amelled black border line five eighths of an inch wide, set in 
three eighths of an inch from the edge of the sign, and with 
an enamelled black diagonal cross in lines three inches wide; 
the reverse side of the disc to be colored yellow. In each of 
the side quarterings shall appear, in black enamel, the letter 
"R", seven inches high, five and nine sixteenths inches wide, 
the lines to be of one and three sixteenths inches stroke., — 
so as to read as follows: — Section lJf2. Eveiy county, city 
and town shall, except as hereinafter provided, and the de- 
partment of public works shall, unless in any case it deems 
it unnecessary or impracticable so to do, place and main- 
tain warning signs on every public way subject to its juris- 
diction, where the way crosses the tracks of a railroad at 
grade. The signs shall consist of a metal disc thirty inches 
in diameter, the field thereof to be enamelled yellow, with an 
enamelled black border line five eighths of an inch wide, set 
in three eighths of an inch from the edge of the sign, and with 
an enamelled black diagonal cross in lines three inches wide; 
the reverse side of the disc to be colored yellow. In each of 
the side quarterings shall appear, in black enamel, the letter 
"R", seven inches high, five and nine sixteenths inches wide. 



Acts, 1951.— Chaps. 462, 463. 355 

the lines to be of one and three sixteenths inches stroke. 
The department of public utilities may, in respect to any 
such pubUc way, after notice and hearing, by order require 
that said signs shall also be equipped with reflector buttons 
or any other reflecting de\'ice. The said signs shall be placed 
in a conspicuous situation beside the public way, on each 
side of the crossing, and at a distance of not less than three 
hundred feet from the nearest rail of the crossing. 

Section 2. Every railroad warning sign maintained, on Change, 
the effective date of this act, by a count}^, city, town or the TfFe^c'tive. 
department of pubhc works may continue to be so main- 
tained until such time as replacement, due to deterioration, 
is made necessary-; provided, that at any time the depart- 
ment of pubhc utihties may, in respect to any public way 
after notice and hearing, by order require that said signs shall 
comply with the provisions of section one hundred and 
forty-two of chapter one hundred and sixty of the General 
Laws, as amended by section one of this act. 

Approved June 30, 1951. 

An Act granting permanent civil service status to ChapA62 

WILLIAM VENEZIA AS A LABORER IN THE DEPARTMENT OF 
PUBLIC WORKS. 

Be it enacted, etc., as follows: 

WiUiam Venezia, who sustained the loss of a portion of 
his hand while employed as a laborer in the state depart- 
ment of public works, shall, upon request of the commis- 
sioner of pubhc works, and upon the filing of a certificate of a 
registered physician with the director of civil service stating 
that he is physically qualified to perform the duties of perma- 
nent laborer, be certified by said director and appointed by 
said commissioner to the position of permanent laborer in 
said department, notwithstanding any provision of the civil 
service laws and rules. Approved June 30, 1951. 

An Act authorizing the city of Worcester to pay an C/ia«.463 

ANT^JUITY TO THE WIDOW OF WILLIAM B. DEEDY, A FORMER 
MEMBER OF THE POLICE DEPARTMENT OF SAID CITY, 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester, for the purpose of 
promoting the public good, is hereby authorized to pay to 
Catherine M. Deedy, widow of William B. Deedy, who died 
on October fifth, nineteen hundred and twenty, from injuries 
received in the performance of duty as a member of the 
police department of said city, an annuity, for life, of the 
sum of one thousand dollars, the same to be paid in equal 
monthly installments. 

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 June SO, 1951. 



356 Acts, 1951. — Chap. 464. 



ChnpA64: ^^ ^^'^ '^^ establish the wheelwright water district 
IN the town of hardwick. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Hardwick 
liable to taxation in said town and residing within the 
territory comprised within the following boundary lines, 
to wit: — beginning at a point northerly of the intersection 
of the easterly hne of the Boston and Albany Railroad 
Company right of way and the northerly line of Barre road 
at Scoop's Crossing, said point also being on the easterly 
line of said Boston and Albany Railroad Company right of 
way ; thence S 52° E in a line parallel and two hundred feet 
northerly of Church street to the west bank of the Ware 
river; thence S 5® W along the west bank of the Ware river 
to the easterly line of a right of way of the Boston and 
Maine Railroad Company ; thence S 70° W along the easterly 
line of the right of way of the said Boston and Maine Rail- 
road Company to the fire break, so called, at the southerly 
line of land of Edward Magee; thence N 42° 30' W along 
the southerly line of land of said Edward Magee to the 
southwesterly comer of said Magee's land; thence from 
the said Magee's southwesterly comer in a westerly direction 
to the southeasterly comer of the school lot; thence 
N 30° 30' W along the southerly line of the school lot across 
the highway to the easterly line of the right of way of the 
Boston and Albany Railroad Company ; thence N 58° E along 
the easterly line of the right of waj'- of said Boston and 
Albany Railroad Company to the point of beginning — shall 
constitute a water district and are hereby made a body 
corporate by the name of the Wheelwright water district, 
hereinafter called the district, for the purpose of supplying 
themselves with water for domestic and other purposes, 
with power to estabhsh 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 otherwise 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 required, authority to furnish the same being hereby 
granted, and may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, 
purchase or otherwise, and hold, the waters, or anj^ portion 



Acts, 1951. — Chap. 464. 357 

thereof, of any pond, spring or stream, or of any ground 
sources of supply by means of driven, artesian or other 
wells, within the town of Hardwick not already appropriated 
for the purposes of a pubHc water supply, and the water and 
flowage rights connected with any such water sources, and 
for said purposes may take as aforesaid, or acquire by pur- 
chase 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 pre- 
serving the quahty of the water shall be so taken or used 
without first obtaining the advice and approval of the de- 
partment of public health, and that the location and arrange- 
ment of all dams, reservoirs, springs, wells, pumping, puri- 
fication and filtration plants and such other works as may 
be necessary in carrying out the provisions of this act shall 
be subject to the approval of said department. The district 
may construct and maintain on the lands acquired and held 
under this act proper dams, wells, springs, reservoirs, 
standpipes, tanks, pumping plants, buildings, fixtures and 
other structures including also the establishment and mainte- 
nance of filter beds and purification works or systems, and 
may make excavations, procure and operate machinery 
and provide such other means and appfiances, 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 reser- 
voirs and establish pumping works, and may construct, 
lay, acquire and maintain aqueducts, conduits, pipes and 
other works under or over any land, water coui-ses, railroads, 
railways and public or other waj^s, and along such ways, in 
said town, in such manner as not unnecessarily to obstruct 
the same; and for the purposes of constructing, laying, 
maintaining, operating and repairing such aqueducts, con- 
duits, pipes and other works, and for all proper purposes of 
this act, the district may dig up or raise and embank any 
such lands, highways or other ways in such manner as to 
cause the least hindrance to public travel on such ways; 
provided, that the manner in which all things are done upon 
any such way shall be subject to the direction of the select- 
men of the town of Hardwick. The district shall not enter 
upon, or construct or lay any conduit, pipe or other works 
within, the location of any railroad corporation except at 
such time and in such manner as it may agree upon with 
such corporation, or, in case of failure so to agree, as may 
be approved by the department of pubHc utiUties. The 
district may enter upon any lands for the purpose of making 
surveys, test wells or pits and borings, and may take or 
otherwise acquire the right to occupy temporarily any lands 
necessary for the construction of any work or for any other 
purpose authorized by this act. 
Section 3. Any person sustaining damages in his prop- 



358 Acts, 1951. — Chap. 464. 

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 actually withdrawn or diverted under authority of this act. 

Section 4. For the purpose of paying the necessary 
expenses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the district may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, forty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Wheelwright Water District Loan, Act of 
1951. 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 outside the statutory limit for water loans but 
otherwise shall be subject to the applicable 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 this act, shall without further vote 
be assessed upon the district by the assessors of said town 
of Hardwick annually thereafter until the debt incurred by 
said loan or loans is extinguished. 

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

Section 7. Said district, with the advice and approval 
of the department of public health, may sell at public or 
private sale or may exchange any real property, or any 
easements, whether taken by eminent domain or otherwise, 
no longer needed for works under its charge. 

Section 8. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to any tax assessed on account of the system of water supply 
under this act if, in the judgment of the board of water 
commissioners hereinafter provided for, after a hearing, due 
notice whereof shall have been given, such estate is so situ- 



Acts, 1951. — Chap. 464. 359 

ated that it will receive no aid in the extinguishment of fire 
from the said system of water suppty, 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 ordinaiy 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 9. 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 quahfication 
of a majority of the water commissioners, shall be called, on 
petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a mod- 
erator for the meeting the question of the acceptance of this 
act shall be submitted to the voters, and if it is accepted by 
a majority of the voters present and voting thereon it shall 
thereupon take effect, and the meeting may then proceed 
to act on the other articles in the warrant. After the 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. 

Sectiox 10. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same meet- 
ing 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 an- 
nual 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- 



360 Acts, 1951. — Chap. 464. 

niissioner shall be elected by ballot for the term of three 
years. The date of the next annual meeting shall be fixed by 
by-law or by vote of the board of water commissioners, but 
in no event shall it be later than fifteen months subsequent 
to the date on which the water commissioners were first 
elected. All the authority granted to said district by this 
act, except sections four and five, and not otherwise specifi- 
cally provided for, shall be vested in said board of water 
conlmissioners, who shall be subject, however, to such in- 
stnictions, rules and regulations as the district may by vote 
impose. At the meeting at which said water commissioners 
are first elected and at each annual district meeting held 
thereafter, the district shall elect by ballot, each for a term 
of one year, a clerk and a treasurer of the district. The 
treasurer shall not be a water commissioner, and shall give 
bond to the district in such an amount as may be approved 
by said water commissioners and with a surety company 
authorized to transact business in the conmaon wealth as 
surety. A majority of said water commissioners shall con- 
stitute 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 com- 
missioners or a majority of them. 

Section 11. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
shall prescribe the tune and manner of payment. The in- 
come of the water works shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said water com- 
missioner may recommend, and in case a surplus should re- 
main 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 12. The district may adopt by-laws, prescribing 
by whom and how meetings of the district may be called, 
notified and conducted; and, upon the application of ten or 
more legal voters in the district, meetings may also be called 
by warrant as provided in section nine. The district may 
also estabUsh rules and regulations for the management of 
its water works, not inconsistent with this act or with any 
other provision of law, and may choose such other officere 
not provided for in this act as it may deem necessary or 
proper. 

Section 13. Whoever wilfully or wantonly corrupts, 



Acts, 1951.— Chap. 464. 361 

pollutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, well, stand- 
pipe, aqueduct, pipe or otner 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 as- 
sessed therefor, to be recovered in an action of tort, and upon 
con\Tiction of any of the above wiKul or wanton acts shall be 
punished by a fine of not more than thi-ee hundred dollars or 
by imprisonment for not more than one year, or both. 

Section 14. Upon a petition in writing addressed to said 
board of water commissioners requesting that certain real 
estate, accurately described therein, located in said town 
and abutting on said district and not otherwise served by a 
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 
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 15. Nothing in this act shall authorize the dis- 
trict to supply water for domestic or other purposes to the 
inhabitants of the area served on the effective date of this 
act by the Wheelwright Water Company, without first 
having acquired by purchase, or by eminent domain under 
chapter seventy-nine of the General Laws, all of the prop- 
erties of said Wheelwright Water Company on said date 
appurtenant to the business of water supply and located 
within the area served by said W^heelwright Water Com- 
pany, exclusive of the reservoirs, pipes, valves, hydrants and 
other appurtenances of the fire system of the Wheelwright 
Water Company in the village of Wheelwright. In case of 
dispute as to the area served by said Wheelwright Water 
Company on said date, the department of public utiUties, 
upon appUcation of said district or of said Wheelwright Water 
Company, shall determine such area and such determination 
shall be final. 

Section 16. This act shall take full efifect 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 fist at a dis- 
trict meeting called in accordance with the provision of sec- 
tion eight within four years after its passage, but not other- 
wise. Approved June 30, 1951. 



362 Acts, 1951. — Chaps. 465, 466, 467. 



ChapA65 An Act authorizing the commissioner of mental health 
TO transfer to the control of the department of 

PUBLIC WORKS CERTAIN PROPERTY OF THE COMMONWEALTH 
IN THE CITY OF WORCESTER. 

Be it enacted f etc., as follows: 

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 transfer to 
the control of the state department of public works, for its 
use, a portion of the land situated on the northerly side of 
Belmont street and the westerly side of Lake avenue north 
in the city of Worcester, with a frontage not exceeding three 
hundred and fifty feet on Belmont street and three hundred 
and ten feet on Lake avenue north; said transfer to be sub- 
ject to such conditions and restrictions for the benefit of the 
Worcester state hospital as may seem advisable to said 
commissioner. Approved June SO, 1951. 



ChapAQG An Act authorizing the department of public works 

TO CONVEY A CERTAIN PARCEL OF LAND LOCATED IN THE 
TOWN OF SHEFFIELD. 

Be it enacted, etc., as follows. ■ 

The department of public works, in the name and on be- 
half of the commonwealth, and subject to the approval of 
the governor and council, may convey to Wilham H. Gilligan 
for the sum of seventeen hundred dollars a parcel of land 
containing about six acres located on the northerly side of 
Bow Wow road in the town of Sheffield, which parcel was 
purchased in the year nineteen hundred and forty-nine for 
garage purposes and does not meet present departmental 
requirements. Approved June SO, 1951. 



ChapAQ7 A-N Act relative to the expenditures of funds for the 

WELFARE OF CERTAIN PRISONERS UPON THEIR RELEASE. 

Be it enacted, etc., as follows. • 
G. L. (Ter. Chapter 127 of the General Laws is hereby amended by 

§ i'62, ' striking out section 162, as appearing in the Tercentenary 
amended. Edition, and inserting in place thereof the following: — 
Payment to ^^ Section 162. The warden of the state prison and the super- 
""°""°" """" intendent of the Massachusetts reformatory, the reformatory 
for women, the state prison colony and the state farm may 
expend such sums, not in excess of twenty dollars for any 
prisoner, as may be appropriated for the welfare of prisoners 
who are released therefrom. Approved June SO, 1951. 



prisoners upon 

release, 

authorized 



Acts, 1951.— Chap. 468. 363 



An Act codifying the laws relating to the permanent ChavAQS 

SCHOOL pension FUND IN THE CITY OF BOSTON AND EQUAL- 
IZING PENSIONS THEREUNDER. 

Be it enacted, etc., as follows: 

Section 1. As used in Sections one to ten, inclusive, of 
this act, the following words and phrases shall, unless a dif- 
ferent meaning is plainly required by the context, have the 
following meanings : — 

"City", the city of Boston. 

"Committee" or "school committee", the school com- 
mittee of the city. 

"Fund", the permanent school pension fund established 
under section one of chapter five hundred and eighty-nine of 
the acts of nineteen hundred and eight and continued under 
section two of this act. 

"Member", any member of the teaching or supervising 
staff of the pubhc day schools of the city who, when this act 
takes effect, is neither a member of the Boston retirement 
system nor a member of the State-Boston retirement system 
nor a member of the contributory retirement system for 
teachers known under paragraph (a) of subdivision (2) of 
section twenty of chapter thirty-two of the General Laws as 
the teachers' retirement system. 

"Service", employment on the teaching or supervising 
staff of any public day school. Any period of absence with 
salary shall be included as a period of service in computing 
length of service. 

"Trustees", the trustees constituting the board having 
under section three of this act the charge, control, care and 
investment of the fund. 

The term "teaching or supervising staff", as used in this 
section, shall include the superintendent, assistant superin- 
tendents, supervisors, assistant supervisors, directors, assist- 
ant directors, principals and all other persons permanently 
employed in giving or supervising instruction. 

The term "pubUc day school", as used in this section and 
in section eight of this act, shall include any continuation 
school maintained by the city under the provisions of section 
twenty-one of chapter seventy-one of the General Laws or 
corresponding provisions of earlier laws. 

Section 2. The school committee shall continue the 
permanent school pension fund established under section one 
of chapter five hundred and eighty-nine of the acts of nine- 
teen hundred and eight for the payment of pensions as here- 
inafter set forth to members retired under section five of this 
act, to persons retired before the effective date of this act 
under said chapter five hundred and eighty-nine, as from 
time to time amended, and to any person granted before the 
effective date of this act a pension under section four of 
chapter six hundred and seventeen of the acts of nineteen 
hundred and ten, as amended. 



364 Acts, 1951. — Chap. 468. 

Section 3. The charge, control, care and investment of 
the fund, including any ^ts or legacies thereto and all sums 
paid thereto under section four of said chapter five hundred 
and eighty-nine prior to its amendment by section five of 
chapter two hundred and six of the Special Acts of nineteen 
hundred and nineteen, shall be in a board of three trustees 
consisting of the chairman of the board of commissioners of 
sinking funds of the city, ex officio, a person elected by the 
school committee, and a person elected by the board of 
trustees of the teachers' retirement fund established under 
chapter two hundred and thirty-seven of the acts of nineteen 
hundred. The elective tmstees in ofiice when this act takes 
effect shall serve, in the case of the trustee elected by the 
school committee, for a term expiring July first, nineteen 
hundred and fifty-three, and, in the case of the other elective 
trustee, for a term expiring July first, nineteen hundred and 
fifty-two. As the term of any elective trustee in ofiice when 
this act takes effect, or of any subsequent elective trustee, 
expires, his successor shall be elected in Uke manner as such 
trustee for a term of five years. Any vacancy in the office of 
an elective trustee shall be filled in the same manner for the 
unexpired term. Every elective trustee shall continue after 
the expiration of his term to hold office until the qualification 
of his successor. The election of a successor to a trustee 
holding over after the expiration of his term shall be for the 
remainder of the term which would have begun at such ex- 
piration if the successor had then been elected. All trustees 
shall serve without compensation. 

The secretary of the school committee shall be the secre- 
tary of the trustees and shall have the custody of all records, 
documents and papers relating to the fund. The tmstees 
shall keep a record of their proceedings, and shall annually 
on the first day of February, or as soon thereafter as may be, 
make a written report to the school committee of the amount 
and condition of the fund and of the income thereof for the 
preceding fiscal year of the city. All records, documents and 
papers relating to the fund and all records of the proceedings 
of the trustees and all securities of the fund shall at all times 
be subject to the inspection of the school conmiittee. 

Section 4. The trustees shall have power to invest and 
reinvest the fund in securities in which the funds of savings