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

ACTS 

AND 

RESOLVES 

PASSED BY THE 

General ^m\i of HHajJsatlmsdts 

IN THE YEAR 

1953 

TOGETHER WITH 

TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY 



EDWARD J. CRONIN 
Secretary of the Commonwealth 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 
1953 



ACTS AND RESOLVES 

OF 

MASSACHUSETTS 

1953 



^P The General Court, which was chosen November 4, 1952, 
assembled on Wednesday, the seventh day of January, 1953, for its 
first annual session. 

The oaths of office were taken and subscribed by His Excellency 
Christian A. Herter and His Honor Sumner G. Whitti,er on 
Thursday, the eighth day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



An Act restricting the number of times the name of Qh^jj \ 
A candidate may appear on official ballots for a ^' 

PARTICULAR OFFICE. 

Whereas, The deferred operation of this act would defeat Emergency 
its purpose, which is to make it applicable to all future P''ea">bie. 
elections, therefore it is hereby declared to be an emergency- 
law, necessary for the immediate preservation of the public 
convenience. 

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

Section 41 of chapter 54 of the General Laws is hereby g. l. (Ter. 
amended by striking out the last sentence, added by chapter fttl'ameidtd. 
128 of the acts of 1952, and inserting in place thereof the 
following sentence : — The name of any person shall not be Number of 
printed on the official ballot or on ballot labels more than ^"If °?:™!. 
once as a candidate for the same office nor more than once on ballots. 
for any office wherein a full term and a partial term are ''^^*'''° ® 
to be filled. Approved January 22, 1963. 

An Act permitting the issuance of one number plate nhnjj o 

FOR each motor VEHICLE. ^' 

Whereas, The deferred operation of this act would delay Emergency 
the accomplishment of one of its principal purposes, which ^^^^'^ ^■ 
is to immediately remove doubt as to the validity of the 
issuance of a single number plate for a motor vehicle, there- 
fore 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. Notwithstanding any provision of chapter 
two hundred and seventy-eight of the acts of nineteen 
hundred and forty-three, the provisions of said chapter shall 
not be deemed to have lapsed and are hereby continued in 
force until January first, nineteen hundred and fifty-four. 

Section 2. Chapter 90 of the General Laws is hereby g. l. (Xer. 
amended by inserting after section 6A the following section : — f gB. added^ 
Section 6B. Notwithstanding any contrary provision of issuance and 
law, the registrar may issue but one number plate, instead of number piate? 
two, for all motor vehicles. Such plate shall be displayed permitted, 
at the rear of the vehicle for which it is issued, and all con- 
sistent provisions of law or of rules and regulations relating 
to number plates shall apply to such plate. 



4 Acts, 1953. — Chaps. 3, 4, 5. 

Effective SECTION 3. Section two of this act shall take effect on 

January first, nineteen hundred and fifty-four. 

Approved J anuanj 26, 195S. 

Chap. 3 An Act authorizing annual rentals or charges for 

THE USE OF THE SEWER SYSTEM OR SYSTEMS IN THE TOWN 
OF FRANKLIN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 613 of the acts of 1912 is hereby 
amended by inserting after section 7 the following section: — 
Section 7 A. Said board of sewer commissioners shall pre- 
scribe for the users of said sewer system or sj'^stems such 
annual rentals or charges based on the benefits derived there- 
from as it may deem proper. Such charges shall be paid by 
every person, including a public or private institution, who 
enters or has entered his or its particular sewer into the 
sewerage system of the said town. All charges imposed 
under authority of this section shall, from the time of assess- 
ment, constitute a lien upon the land connected with the 
common sewer. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of the town of 
Franklin present and voting thereon at an annual town 
meeting, but not otherwise. Approved January 26, 195S. 

Chap. 4 An Act authorizing the town of concord to sell certain 

LAND ACQUIRED FOR PUBLIC PARKING SPACE PURPOSES. 

Be it enacted, etc., as foUoivs: 

Section 1. The town of Concord, by its board of select- 
men and upon such terms and conditions as said board may 
determine, is hereby authorized to sell at public auction or 
private sale, and convey, any part or parts, no longer needed 
for public use, of a certain parcel of real estate situated in 
said town which was acquired for the purpose of a public 
parking space. Said parcel is shown as lot numbered 2 on 
"Subdivision Plan of Land in Concord", dated March 20, 
1947, by Horace F. Tuttle, Surveyor, filed in the Land 
Registration Office. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a two thirds vote of said town at any town 
meeting. Approved January 26, 195S. 

Chap. 5 An Act authorizing the submission to the voters of 

THE TOWN OF AMESBURY OF THE QUESTION OF THE AC- 
CEPTANCE OF CERTAIN PROVISIONS OF LAW^ REGULATING 
THE HOURS OF DUTY OF PERMANENT MEMBERS OF FIRE 
DEPARTMENTS. 

Be it enacted, etc., as folloxos: 

Section 1. Notwithstanding any contrary provisions of 
section fifty-eight B of chapter forty-eight of the General 



Acts, 1953. — Chap. 6. 

Laws, the question of the acceptance of said section may be 
submitted for acceptance to the voters of the town of Ames- 
bury 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 section fifty-eight B of chapter forty- 
eight of the General Laws, providing for a forty-eight hour 
week for permanent members of fire departments, be ac- 
cepted?" If a majority of the votes cast in answer to said 
question is in the affirmative, said section fifty-eight B shall 
take effect in said town ninety days thereafter. 
Section 2. This act shall take effect upon its passage. 
Approved January 27, 1953. 

An Act establishing in the town of amesbury repre- Chap. 

SENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEET- 
INGS. 

Be it enacted, etc., as follows: 

Section L There is hereby established in the town of 
Amesbury the form of representative town government by 
limited town meetings hereinafter set forth. Upon the ac- 
ceptance of this act by the town of Amesbury, as hereinafter 
provided, the selectmen shall forthwith divide the territory 
thereof into not less than six nor more than ten voting 
precincts, each of which shall be plainly designated, and shall 
contain not less than five hundred registered voters. All 
precincts shall contain approximately an equal number of 
registered voters. 

The precincts shall be so established as to consist of com- 
pact and contiguous territory, to be bounded, as far as 
possible, by the center line of known streets and ways or 
by other well-defined limits. Their boundaries shall be re- 
viewed, and, if need be, wholly or partly revised or the num- 
ber of precincts changed within the aforesaid limits by the 
selectmen in December, once in five years, or in December 
of any year when so directed by a vote of a representative 
town meeting not later than November thirtieth of that year. 

The selectmen shall, within twenty days after any es- 
tablishment or revision of the precincts, but not later than 
January twentieth of the succeeding year, file a report of 
their doings with the to^\Ti clerk, the registrars of voters and 
the assessors, with a map or maps or description of the 
precincts and the names and residences of the registered 
voters therein. The selectmen shall also cause to be posted 
at the town hall a map or maps or description of the precincts 
as established or revised from time to time, with the names 
and residences of the registered voters therein. They shall 
also cause to be posted in at least one public place in each 
precinct a map or description of that precinct with the 
names and residences of the registered voters therein. The 
division of the town into voting precincts and any revision 
of such precincts shall take effect upon the date of the filing 



Acts, 1953. — Chap. 6. 

of the report thereof by the selectmen with the town clerk. 
Whenever the precincts are established or revised, the town 
clerk shall forthwith give written notice thereof to the 
state secretary, stating the number and designation of 
the precincts. Meetings of the registered voters of the 
several precincts for elections, for primaries, and for voting 
upon any question to be submitted to all the voters of the 
town, shall be held on the same day and at the same hour 
and at such place or places within the town as may from 
time to time be determined by vote at a representative town 
meeting under an appropriate article in the warrant therefor, 
or, in default of such determination, as the selectmen shall in 
the warrants for such meetings direct. The provisions of 
the General Laws, relating to precinct voting at elections, 
so far as the same are not inconsistent with this act, shall 
apply to all elections and primaries in the town upon the 
establishment of voting precincts as hereinbefore provided. 
Section 2. Other than the officers designated in section 
three as town meeting members at large, the representative 
town meeting membership shall in each precinct consist of 
the largest number divisible by three, which will admit of 
a representation of all precincts by an equal number of 
members, and which will not cause the total elected town 
meeting membership to exceed two hundred. The registered 
voters in every precinct shall, at the first annual town 
election held after the establishment thereof or at a special 
town election held prior to such annual town election, and 
at the first annual town election following any precinct 
revision where the number of precincts is changed, con- 
formably to the laws relative to elections not inconsistent 
with this act, elect by ballot the number of registered voters 
in the precinct, other than the officers designated in section 
three as town meeting members at large, provided for in 
the first sentence of this section, to be town meeting members 
of the town. The first third, in order of votes, received of 
members so elected shall serve three years, the second third 
in such order shall serve two years, and the remaining third 
in such order shall serve one year, from the day of the an- 
nual town election, if elected at such election, and, if elected 
at a special town election, shall also serve from the date of 
such special town election to and including the day of the 
next following annual town election; in case of a tie vote 
affecting the division into thirds as aforesaid, the members 
elected from the precinct shall by ballot determine the same ; 
and thereafter, except as is otherwise provided herein, at 
each annual town election the registered voters of each 
precinct shall, in like manner, elect one third of the number 
of town meeting members to which that precinct is entitled 
for the term of three years, and shall at such election fill for 
the unexpired term or terms any vacancy or vacancies then 
existing in the number of town meeting members in that 
precinct. Upon every revision of the precincts where the 
number of precincts is changed, the terms of office of all 



Acts, 1953. — Chap. 6. 

town meeting members from every precinct shall cease 
upon the election of their successors. The town clerk shall, 
after every election of town meeting members, forthwith 
notify each member by mail of his election. 

Section 3. Any representative town meeting held under 
the provisions of this act, except as otherwise provided 
herein, shall be limited to the voters elected under section 
two, together with the following, designated as town meeting 
members at large; namely, any member of the general 
court of the commonwealth from the town, the moderator, 
the town clerk, the chairman of the board of selectmen, the 
town treasurer, the town counsel, the chairman of the plan- 
ning board, the chairman of the board of assessors, the 
chairman of the board of health, the chairman of the board 
of public welfare, the chairman of the school committee, the 
chairman of the water commissioners, the chairman and the 
secretary of the finance committee and the town accountant. 
The town clerk shall notify the town meeting members of 
the time and place at which representative town meetings 
are to be held, the notices to be sent by mail at least seven 
days before the meeting. 

Section 4. The town meeting members, as aforesaid, 
shall be the judges of the elections and qualifications of the 
members. A majority of the town meeting members shall 
constitute a quorum for doing business; but a less number 
may organize temporarily and may adjourn from time to 
time. Notice of every adjourned representative town meet- 
ing shall be given by the town clerk by publication in a 
newspaper published daily and commonly circulated in the 
town of Amesbury; and the town clerk shall also notify the 
members by mail of the adjournment at least twenty-four 
hours before the time of the adjourned representative town 
meeting, if the period of adjournment will permit. The 
notices shall state briefly the business to be acted upon at 
any meeting and shall include notice of any proposed re- 
consideration. All town meetings shall be public; and, 
subject to such conditions as may be determined from time 
to time by the representative town meeting, any voter of 
the town who is not a town meeting member may speak 
at any representative town meeting, but shall not vote. 
A town meeting member may resign by filing a written 
resignation with the town clerk and such resignation shall 
take effect upon the date of such filing. No elected member 
whose official position entitles him to be a member at large 
shall act as a member at large during such time as he remains 
an elected member. A town meeting member who removes 
from the town shall cease to be a town meeting member, 
and an elected town meeting member who removes from 
one precinct to another, or is so removed by a revision of 
precincts, shall not retain membership after the next annual 
election as an elected member from the precinct from which 
he has or is removed. The town meeting members as such 
shall receive no compensation. 



Acts, 1953. — Chap. 6. 

Section 5. Nomination of candidates for town meeting 
members to be elected under this act shall be made by nom- 
ination papers signed by not less than twenty-five voters 
of the precinct in which the candidate resides, and filed with 
the town clerk at least fifteen days before the election ; pro- 
vided, that any town meeting member may become a 
candidate for re-election by giving written notice thereof 
to the town clerk at least thirty days before the election. 
No nomination papers shall be valid in respect to any candi- 
date whose written acceptance is not thereon or attached 
thereto when filed. 

Section 6. The articles in the warrant for every town 
meeting, so far as they relate to the election of the moderator, 
town officers, town meeting members, and, as hereinafter 
provided, to referenda and all matters to be acted upon and 
determined by ballot shall be acted upon and determined 
by the voters in their respective meetings by precinct. All 
other articles in the warrant for any town meeting, begin- 
ning with the town meeting at which said town meeting 
members are first elected, shall be acted upon and determined 
exclusively by town meeting members at a meeting to be 
held at such time and place as shall be set forth by the select- 
men in the warrant for the meeting, subject to the referendum 
provided for by section nine. 

Section 7. A moderator shall be elected by ballot at 
each annual town meeting, and shall serve as moderator of 
all town meetings, except as otherwise provided by law, until 
a successor is elected and qualified. Nominations for and 
election of a moderator shall be as in the case of other elective 
to"WTi officers, and any vacancy in the office may be filled by 
the town meeting members at a meeting held for that pur- 
pose. If a moderator is absent, a moderator pro tempore 
may be elected by the town meeting members. 

Section 8. Any vacancy in the full number of town 
meeting members from any precinct, whether arising from 
a failure of the registered voters thereof to elect, or from 
any other cause, may be filled, until the next annual election, 
by the remaining to^^^l meeting members of the precinct 
from among the registered voters thereof. Notice of any 
vacancy shall promptly be given by the town clerk to the 
remaining members from the precinct in which the vacancy 
or vacancies exist, and the town clerk shall call a special 
meeting of such members for the purpose of filling any 
vacancy, and shall cause to be mailed to every such member 
not less than seven days before the time set for the meeting, 
a notice specifying the object, time and place of the meeting. 
At the said meeting a majority of the members from such 
precinct shall constitute a quorum, and they shall elect 
from their own number a chairman and a clerk. The choice 
to fill any vacancy shall be by written ballot, and a majority 
of the votes cast shall be required for a choice. The chair- 
man and the clerk shall count the ballots and shall make 
a certificate of the choice and forthwith file the same with 



Acts, 1953. —Chap. 6. 

the town clerk, together with a written acceptance by the 
member or members so chosen, who shall thereupon be 
deemed elected and qualified as a town meeting member or 
members, subject to the right of all the town meeting mem- 
bers to judge of the elections and qualifications of the mem- 
bers, as set forth in section four. 

Section 9. No final vote of any representative town 
meeting passing or rejecting a measure under any article 
in the warrant, except a vote to adjourn or dissolve, or votes 
appropriating money for the payment of notes or bonds 
of the town and interest thereon becoming due within the 
then current financial year or votes appropriating money 
necessary for the performance of any contract entered into 
by the to"\vn in accordance with a vote or vot^s of a town 
meeting previously held or votes for the temporary borrowing 
of money in anticipation of revenue, or a vote declared by 
preamble by a two thirds vote of the town meeting members 
present and voting thereon to be an emergency measure 
necessary for the immediate preservation of the peace, health, 
safety or convenience of the town, shall be operative until 
after the expiration of five days, exclusive of Sundays and 
legal holidays, from the date of dissolution of the meeting. 
Any such measure disposed of by a vote to lay on the table, 
to postpone indefinitely, or by other dilatory vote, shall be 
deemed to have been rejected in the form in which it was 
presented and perfected or changed by such amendments, if 
any, as have been adopted by the said meeting. If, within 
said five days, a petition, signed by not less than twenty- 
five registered voters in each precinct, containing their 
names and addresses as they appear on the list of registered 
voters, is filed with the selectmen requesting that the ques- 
tion or questions involved in any such vote which has not 
become operative as aforesaid be submitted to the voters of 
the town at large, the operation of such vote shall be further 
suspended pending its determination as hereinafter pro- 
vided, and the selectmen, within ten days after the filing 
of the petition, shall call a special meeting, which shall be 
held within fourteen days after the issuing of the call, for 
the purpose of presenting to the voters at large the question 
or questions so involved. 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 ofiicers. The question 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 presented to said representative town meeting by the 
moderator as appears from the records of the said meet- 
ing. If such a petition is not filed within the said period 
of five days, the vote of the representative town meet- 



10 Acts, 1953. — Chap. 7. 

ing shall become operative upon the expiration of the said 
period. 

Section 10. The town of Amesbury, after the acceptance 
of this act and the first election of town meeting members 
thereunder, shall have the capacity to act through and be 
bound by its said town meeting members who shall, when 
convened from time to time as herein provided, constitute 
representative town meetings, and the representative town 
meetings shall exercise exclusively, so far as will conform to 
the provisions of this act, all powers vested in the municipal 
corporation. Action in conformity with all provisions of 
law now or hereafter applicable to the transaction of town 
affairs in town meetings shall, when taken by any representa- 
tive town meeting in accordance with the provisions of 
this act, have the same force and effect as if such action had 
been taken in a town meeting open to all the voters of the 
town as heretofore organized and conducted. 

Section 11. This act shall not abridge the right of the 
inhabitants of the town to hold general meetings, as that 
right is secured to them by the constitution of this common- 
wealth; nor shall this act confer upon any representative 
town meeting in the town the power finally to commit the 
town to any measure affecting its municipal existence or 
changing its form of government, without action thereon 
by the voters of the town at large, using the ballot and the 
check list therefor. 

Section 12. This act shall be submitted to the registered 
voters of the town of Amesbury for acceptance at the annual 
town meeting in nineteen hundred and fifty-three. The 
vote shall be taken by ballot in accordance with the provi- 
sions of the General Laws, so far as the same shall be ap- 
plicable, in answer to the question, which shall be placed 
upon the ofiicial ballot to be used for the election of town 
officers: — "Shall an act passed by the general court in the 
year nineteen hundred and fifty-three, entitled 'An Act 
establishing in the town of Amesbury representative town 
government by limited town meetings', be accepted by 
this town?" This act shall take effect upon its acceptance 
by a majority of the voters voting thereon. 

Section 13. If this act is rejected by the registered 
voters of the town of Amesbury when submitted to said 
voters under section twelve, it may again be submitted 
for acceptance in like manner from time to time to such 
voters at any annual meeting in said town within thi'ee 
years thereafter. Approved January 27, 1953. 

Chap. 7 An Act authorizing the city of Cambridge to use 

CERTAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge is hereby authorized 
to use for the erection of a public school building and for 
other school uses, and for all purposes incidental thereto, the 



Acts, 1953. — Chap. 8. 11 

following described premises now owned and held by said 
city for park, playground or recreation purposes: — 

Beginning at a point in the southerly line of Rindge 
avenue at its intersection with the easterly line of Yerxa 
road; 

Thence easterly by said Rindge avenue, three hundred 
feet to a point in the westerly division line of present Wyman 
school lot; 

Thence southerly by said westerly boundary line of 
Wyman school one hundred and sixty-three and fifty-five 
one hundredths feet to a corner; 

Thence easterly by the southerly boundary line of said 
Wyman school, ninety-six and twenty one hundredths feet 
to a point in the westerly line of Haskell street; 

Thence southerly by said Haskell street, two hundred 
and thirty feet to a point; 

Thence westerly, three hundred and eighty-four feet to 
a point in the easterly line of Yerxa road; 

Thence northerly by said easterly line of Yerxa road, four 
hundred and eighty-five feet to the point of beginning. 

Containing one hundred and forty-five thousand and 
nine hundred and forty-eight square feet, more or less. All 
the above dimensions being more or less. 

The above described parcel of land is shown upon a plan 
entitled "Plan of Part of Rindge Field, Proposed to be 
reserved for new Ellis, Sleeper- Wyman School", dated 
October twenty-third, nineteen hundred and fifty-two, 
drawn by Edgar W. Davis, City Engineer, and on file in the 
office of the City Engineer, Cambridge, Massachusetts. 

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

Section 3. When this act has been accepted as provided 
in section two the city council shall cause a copy of the plan 
referred to in section one to be recorded in the Middlesex 
south district registry of deeds. 

Approved January 27, 1953. 



An Act authorizing the town of Arlington to pay a Chap. 8 

SUM OF money to MARQUES CONSTRUCTION CO., INC., 
OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the town of Arlington may appropriate and 
pay to the Marques Construction Co., Inc., of Cambridge 
the sum of one thousand eight hundred and eighty-six dollars 
and sixty cents for blacktop surfacing of various areas around 
the school buildings in said town during the year nineteen 
hundred and fifty-two at the request of the maintenance 
supervisor of the town of Arlington, which sum is legally 
unenforceable by reason of the failure of said town to comply 



12 Acts, 1953. — Chap. 9. 

with the requirements of law pertaining to contracting for 
said surfacing. 

Section 2. This act shall take effect upon its passage. 
Approved January 29 y 1953. 



Chap. 9 An Act to authorize the use by the municipal gas 

AND ELECTRIC COMMISSION OF THE CITY OF HOLYOKE 
FOR ELECTRIC SUBSTATION PURPOSES 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 
commission of said city for use by said municipal gas and 
electric commission for electric substation purposes. Said 
transfer shall be effected by vote of said park and recreation 
commission describing the particular 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 com- 
mission 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 land referred to in section one is bounded 
and described as follows: — 

Beginning at a point on the northerly side of Dwight street 
in said Holyoke at land of Socony Vacuum Corporation and 
thence running westerly along the northerly side of Dwight 
street seventy-five feet; thence running northerly in a 
straight line to land now or formerly of Max R. Vollert and 
Frieda H. Vollert; thence easterly along said land of Vollert 
to land of Socony Vacuum Corporation and thence southerly 
along said land of Socony Vacuum Corporation one hundred 
eight feet, more or less, to Dwight street and the place of 
beginning. 

Section 3. This act shall take effect upon its acceptance 
by the mayor and city council of the city of Holyoke. 

Approved January 29, 1953. 



Acts, 1953. — Chaps. 10, 11. 13 



An Act authorizing the park department of the city (Jfiaj), 10 
OF malden to transfer certain land to the school 
department of said city for school building purposes. 
Be it enacted, etc., asfolloivs: 

Section 1. The park department of the city of Maiden 
is hereby authorized to transfer to the school department 
of said city the control and charge of the following described 
parcel of land, namely: — 

Beginning at a point on the westerly side of Wescott 
street extended at the land of the city of Maiden thence 
running westerly by land of city of Maiden one hundred 
eighteen and fifty-four hundredths feet; thence turning and 
running northerly by land of city of Maiden park department 
one hundred eighty-two and seventy-eight hundredths feet; 
thence turning and running westerly by land of the city of 
Maiden park department fifty feet; thence turning and 
running northerly by land of said city of Maiden park 
department two hundred eighty-five and sixty-six hundredths 
feet; thence turning and running easterly by land of said 
city of Maiden park department one hundred sixty-eight 
and ninety-three hundredths feet to Wescott street; thence 
turning and running southerly by the westerly side of 
Wescott street four hundred seventy-four and eighty hun- 
dredths feet to the point of beginning, containing seventy 
thousand three hundred seventy-six square feet. 

Said land to be used for the construction of a schoolhouse 
and other school purposes. 

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

Approved January 29, 1953. 

An Act authorizing the town of Arlington to sell. Phn^Q 11 

CONVEY OR otherwise DISPOSE OF A CERTAIN PARCEL OF ^' 

LAND IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Arlington is hereby authorized 
to sell, convey or otherwise dispose of a certain parcel of 
land situated in said town, bounded and described as fol- 
lows: — Beginning at a point on the southwesterly sideline 
of Summer street, said point being a distance of 42.38 feet 
from a stone bound at the intersection of the southwesterly 
sideline of Summer street and the northwesterly sideline of 
Thorn road, thence southeasterly and southerly on a curve 
to the right with a radius of 740.36 feet a distance of 226.30 
feet to a point of tangency on said southwesterly sideline 
of Summer street, thence continuing along said south- 
westerly sideline of Summer street S 1 1°-36'-42" E a distance 
of 23.33 feet to a point of curve on said southwesterly sideline 
of Summer street, thence southerly and southwesterly on 
a curve to the right with a radius of 213.38 feet a distance of 



14 Acts, 1953. — Chaps. 12, 13. 

195.83 feet to a point of tangency on the northwesterly- 
sideline of Forest street, thence S 40°-45'-27" W along the 
said northwesterly sideline of Forest street, a distance of 
129.50 feet to an angle point on the said northwesterly 
sideline of Forest street, thence continuing S 62°-36'-21" W 
along the said northwesterly sideline of Forest street a 
distance of 167.47 feet to a point on said northwesterly 
sideline of Forest street, thence turning and running N 50°- 
19'-09" W a distance of 181.12 feet to an angle point, thence 
running N 50*-33'-35" W a distance of 80.31 feet to a point 
on the northeasterly property line of Lot 18, thence turning 
and running N 45°-55'-51" E a distance of 94.70 feet to an 
angle point, thence running N 43°-18'-21" E a distance of 
187. 12 feet to an angle point, thence running N 42°-31 -21" E 
a distance of 134.41 feet to an angle point, thence running 
N41°-28'-21"E a distance of 165.95 feet to the point of 
beginning and containing 3.48 acres, all as shown on a plan 
entitled "Plan of Land in Arlington, Mass., Owned by 
Charles A. Peirce, Scale l"-40', Jan. 3, 1918, Geo. E. Ahern, 
Town Engineer, Prepared for Commission on School House 
Sites, on file in the office of the Town Engineer, Arlington, 
Mass." 

Section 2. This act shall take full effect upon its ac- 
ceptance at the next annual town meeting by vote of the 
town meeting members of the town of Arlington, but not 
otherwise. Approved January 29, 1953. 

Chap. 12 An Act relative to the renewal of licenses and per- 
mits IN THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Salem may 
delegate to the city clerk of said city, subject to such restric- 
tions as it may impose, the powers vested by law in said 
council to renew licenses and permits. 

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

Approved January 29, 1953. 

Chap. 13 An Act authorizing the town of falmouth to vote 
whether to have its board of water commissioners 

ACT AS sewer commissioners. 

Be it enacted, etc., as follows: 

Section 1. The town of Falmouth is hereby authorized 
to determine upon the official ballot used for the election of 
town officers at the annual town election in nineteen hundred 
and fifty-three whether to have the board of water com- 
missioners of the town of Falmouth act as the board of 
sewer commissioners of the town of Falmouth, said question 
to be placed on the ballot in substantially the following 



Acts, 1953. — Chaps. 14, 15. 15 

form: — "Shall the town vote to have its board 
of water commissioners act as its board of sewer 



YES. 



commissioners r 

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 January SI, 1953. 

An Act providing for non-partisan town elections QJidj)^ 14 

IN THE TOWN OF CANTON. 

Be it enacted, etc., asfolloios: 

Section 1. No primary or caucus for the nomination of 
town officers in the town of Canton shall be held. No ballot 
used at any regular or special town election in said town 
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 political designation or mark. 

Section 2. Except as otherwise provided in this act, the 
laws of the commonwealth governing town elections, special 
elections of town officers and special elections in towns, shall, 
so far as applicable, govern such elections in the town of 
Canton. 

Section 3. This act shall be submitted to the voters of 
the town of Canton at the annual town meeting to be held in 
the year nineteen hundred and fifty-three, in the form of 
the following question, which shall be printed on the official 
ballot used for the election of town officers: — "Shall an 
act passed by the general court in the year nineteen hundred 
and fifty-three, entitled 'An Act providing for non-partisan 
town elections in the town of Canton', 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 February 2, 195S. 

An Act relative to the holding of certain offices or Qfidj) 15 

POSITIONS BY members OF THE CITY COUNCIL IN THE 
CITY OF EVERETT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 355 of the acts of 1892 is hereby 
amended by striking out section 20, as amended bj'- chapter 
259 of the acts of 1949, and inserting in place thereof the 
following section : — Section 20. No member of the city 
council shall during the term for which he is elected hold 
any other office or position the salary or compensation for 
which is payable from the city treasury, nor shall he act as 
counsel or attorney before the city council or before either 
branch or any committee thereof. 

Section 2. This act shall take effect upon its acceptance 
by the mayor and city council of the city of Everett. 

Approved February 2, 195S. 



16 Acts, 1953. — Chaps. 16, 17. 

Chap. 16 An Act changing the type of planning board in the 

TOWN OF MANSFIELD. 

Be it enacted, etc., asfollo^vs: 

Section 1. Chapter 586 of the acts of 1920 is hereby 
amended by striking out section 14 and inserting in place 
thereof the following section: — Section I4. There shall be 
established a planning board under sections eighty-one A 
to eighty-one Y of chapter forty-one of the General Laws, 
hereinafter called the board, except that the board shall 
consist of seven members who shall be appointed by the 
board of selectmen. The members of the board shall be 
appointed for terms of such length and so arranged that the 
term of at least one member will expire on March first of 
each year, and their successors shall be appointed for terms 
of four years each. Any board member may be removed 
by the board of selectmen for cause, after a public hearing 
of which due notice shall be given. Within thirty daj^s after 
a vacancy occurs, by resignation or otherwise, it shall be 
filled for the unexpired term in the same manner as an 
original appointment to the board. The board shall have 
all the powers and duties of planning boards and boards 
of surveys previously established under section seventy and 
section seventy-three of said chapter forty-one of the General 
Laws. The board shall co-operate and collaborate with the 
town manager, the school committee, the board of selectmen 
and other boards, committees, departments and officials who 
may require or request services, plans, studies, surveys, in- 
formation or assistance within the scope of the duties of the 
board. The board shall, of its own volition, have the power 
to conduct studies of any and all proposed public buildings, 
structures and other town projects or other matters con- 
cerning the public health, safety and general welfare as 
deemed advisable by the board, and shall report its findings 
to the board of selectmen. Upon the appointment and 
qualification of the members of the board established here- 
under the terms of office of members of the then existing 
planning board shall terminate. 

Section 2. This act shall take full effect upon accept- 
ance by vote of a majority of the voters of said town voting 
thereon at an annual or special town meeting; provided, 
that the provisions of section thirty-six A of said chapter 
five hundred and eighty-six of the acts of nineteen hundred 
and twenty, inserted by chapter two hundred and five of the 
acts of nineteen hundred and forty-one, are complied with. 
Approved February 2, 1953. 

Chap. 17 An Act authorizing the town of somerset to construct 

AND operate a SYSTEM OR SYSTEMS OF SEWERAGE AND 
SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. The town of Somerset, hereinafter called 
the town, may lay out, construct, maintain and operate a 



Acts, 1953.— Chap. 17. 17 

system or systems of main drains and common sewers for 
a part or the whole of its territory, with such connections 
and other works as may be required for a system or systems 
of sewerage and sewage treatment and disposal, and may 
construct such sewers or drains in said town as may be 
necessary, and, for the purpose of providing better surface 
or other drainage, may make, lay and maintain such drains 
as it deems best; and, for the purposes aforesaid, the town 
may, within its limits, make and maintain subdrains. 

Section 2. The town may make and maintain, in any 
way therein where main drains or common sewers are con- 
structed, such connecting drains, subdrains and sewers within 
the limits of such way as may be necessary to 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. If the town does not so vote at 
said meeting, the town shall elect by ballot, at any town 
meeting not later than the second annual meeting after the 
commencement of construction hereunder of a system or 
systems 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 
quaUfied. Any selectman shall be eligible to election to 
said board. In either case, whether the town votes that its 
selectmen shall act as a board of sewer commissioners or 
elects a board of sewer commissioners, the town may at any 
time thereafter, by any or all the methods permitted by 
general law, provide for the election of a board of three sewer 
commissioners, or that the selectmen may act as a board of 
sewer 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 main drains and sewers under or over 
any bridge, railroad, railway, boulevard or other public 
way, or within the location of any railroad, and may enter 
upon and dig up any private land, public way or railroad 
location, for the purpose of lajdng such drains and sewers 
and of maintaining and repairing the same, and may do any 



18 Acts, 1953. — Chap. 17. 

other thing proper or necessary for the purposes of this act; 
provided, tliat they shall not take in fee any land of a rail- 
road corporation, and that they shall not enter upon or con- 
struct any drain or sewer within the location of any railroad 
corporation except at such time and in such manner as they 
may agree upon with such corporation, or, in case of failure 
to agree, as may be approved by the department of public 
utihties. 

Section 5. Until the board of sewer commissioners has 
first been elected as provided in this act or the selectmen 
have first been authorized by vote to act as such board, as 
the case may be, but not in any event later than the sec- 
ond annual meeting after the commencement of the work 
of construction authorized hereby, the town may carry on 
such work by a duly authorized committee of the town. 
The committee shall serve without pay and shall have all 
the powers and authority given to the board of sewer com- 
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 person injured in his property by any 
action of said board of sewer commissioners under this act 
may recover damages from said town under said chapter 
seventy-nine. 

Section 7. The town shall, by vote, determine what 
proportion of the cost of said system or systems of sewerage 
and sewage disposal the town shall pay; provided, that it 
shall pay not less than one fourth nor more than two thirds 
of the whole cost. In providing for the payment of the 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, abate- 
ment and collection of sewer assessments, to liens therefor 
and to interest thereon shall apply to assessments made 
under this act, except that interest shall be at the rate of 
four per cent per annum. At the same meeting at which it 
determines the proportion of the cost which is to be borne 
by the town, it may by vote determine by which of such 
methods the remaining portion of said cost shall be provided 
for. The collector of taxes of said town shall certify the 
payment or payments of such assessments or apportionments 
thereof to the sewer commissioners, or to the selectmen 
acting as such, who shall preserve a record thereof. 

Section 8. For the purpose of paying the necessary 
expenses and liabilities incurred under this act, the town 
may from time to time, within five years after the passage 
of this act, borrow such sums as may be necessary, not ex- 
ceeding, in the aggregate, two million, five hundred thousand 



Acts, 1953. — Chap. 17. 19 

dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Somerset Sewerage Loan, Act 
of 1953. Each authorized issue shall constitute a separate 
loan and such loans shall be payable in not more than thirty 
years from their dates. Indebtedness incurred under this 
.act shall be in excess of the statutory limit, but shall, except 
as provided herein, be subject to chapter forty-four of the 
General Laws. 

Section 9. The receipts from sewer assessments and 
from payments made in lieu thereof shall be applied to the 
payment of charges and expenses incident to the maintenance 
and operation of said system or systems 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 
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 prescribe 
for the users of said sewer system or systems such annual 
rentals or charges based on the benefits derived therefrom 
as it may deem proper, subject, however, to such rules 
and regulations as may be fixed by vote of the town. 

Section 1L All contracts made by the board of sewer 
commissioners shall be made in the name of the town and 
shall be signed by the board, but no contract shall be made 
or obligation incurred by said board for any purpose in 
excess of the amount of money appropriated by the town 
therefor. 

Section 12. Said board may, from time to time, pre- 
scribe rules and regulations for the connection of estates and 
buildings with main drains and sewers, and for inspection 
of the materials, the construction, alteration and use of all 
connections and drains entering into such main drains or 
sewers, and may prescribe penalties, not exceeding twenty 
dollars, for each violation of any such rule or regulation. 
Such rules and regulations shall be published at least once 
a week for three successive weeks in some newspaper pub- 
lished in the town of Somerset, if there be any, and if not, 
then in some newspaper published in the county of Bristol, 
and shall not take effect until such publications have been 
made. 

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



20 Acts, 1953. — Chaps. 18, 19. 

Section 14, This act shall take full effect upon its 
acceptance 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. 

Section 15. Any action taken by the town of Somerset 
during the current year pursuant to the authority contained 
in this act shall be as valid and effective as though this act 
were in full force and effect at the time of the posting of 
the warrant for said town meeting. 

Approved February 2, 1953. 

Chap. 18 An Act increasing the amount of money the town of 

PLYMOUTH MAY APPROPRIATE FOR MUNICIPAL ADVERTISING 
PURPOSES AND FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 76 of the acts of 1950 
is hereby amended by striking out, in line 2, the word 
" five " and inserting in place thereof the word : — seven, — so 
as to read as follows : — Section 1 . The town of Plymouth 
may, by a majority vote, appropriate each year a sum not 
exceeding seven thousand dollars for advertising the ad- 
vantages of the town and for providing amusements or 
entertainments of a public character. The money so ap- 
propriated by the town shall be expended under the direction 
of the selectmen. 

Section 1A. Any action taken by the town of Plymouth 
during the current year pursuant to the authority contained 
in this act shall be as valid and effective as though this act 
was in full force and effect at the time of the posting of the 
warrant for said meeting. 

Section 2. This act shall take effect upon its passage. 
Approved February 2, 1953. 

Chap. 19 An Act providing for co-operation with tpie federal 
government in the eradication of certain animal 
diseases. 

Emergency WhcreaSy The deferred operation of this act would tend 

preamble. ^^ defeat its purpose, which is in part to take immediate 
steps for the eradication of certain animal diseases, for the 
purposes of meeting the public need and requirements, 
therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of public interest and 
convenience. 
Be it enacted, etc., as follows: 

Ed.)','i29T' Section 1. Chapter 129 of the General Laws is hereby 

new § 14A, amended by inserting after section 14 the following section : — 

Disposal of Section I4A. All domestic animals which are affected with, 

certain dis- or havc been exposed to, vesicular stomatitis or vesicular 



Acts, 1953. — Chap. 19. 21 

exanthema shall be quarantined, appraised by an appraiser eased animaia. 
of the division and an appraiser appointed by the Federal *"* ""'^ " 
Bureau of Animal Industry. 

Animals which are affected with, or have been exposed anJ^p^iym^ents 
to, vesicular exanthema, as determined by the director, shall for animals 
be sold on bid, with the approval of the director, for slaughter- ^«'*^'"°y^'^- 
ing at a slaughtering establishment under federal supervision. 
The products of said animals shall be processed. The com- 
monwealth shall pay to the owner of the animal or animals 
slaughtered under this section one half of the difference 
between the amount received by the owner for the carcass 
of the animal and the value of the animal as determined by- 
appraisal, said payment to be paid from amounts appropri- 
ated therefor; provided, that payment by the common- 
wealth hereunder shall not exceed eighteen dollars for any 
animal ; and further provided, that an owner of such animals 
shall certify to the director that he has been the owner 
thereof for a period of not less than sixty days prior to the 
date of appraisal, except that young animals wliich are less 
than sixty days of age and are offspring of such animals 
may also be eligible to be included in such payments. No 
payment shall be made, as provided in this section, unless 
the director has determined that the owner of such an animal 
has complied with the provisions of this section and other 
applicable provisions of this chapter and rules and regulations 
of the division established thereunder and that the owner 
or his representative has not, in the opinion of the director, 
by willful act or neglect, contributed to the spread of vesicular 
stomatitis or vesicular exanthema. Animals affected with, 
or exposed to, vesicular stomatitis shall be disposed of as 
the director directs. 

The director shall also issue such directions for the cleans- ^"ntrf^^^ 
ing and disinfection of buildings, premises and places in cCntrdied. 
which vesicular stomatitis or vesicular exanthema exists or 
has existed, and of property which may be on or contained 
therein, as in his opinion may be necessary or expedient, and 
no such buildings, premises, places and property shall be 
again used for the raising of such animals until so authorized 
by the director in writing. Any property on such premises 
which may be, in the opinion of the director or of his agents, 
a source of contagion may be destroyed b}'- order of the 
director. The director may appoint persons to make ap- 
praisals on livestock, the destruction or slaughter of which 
is ordered under this section. If the United States govern- 
ment makes an appropriation for payment of a certain por- 
tion of the value of any animals destroyed or slaughtered 
under this section, the payment by the commonwealth for 
such animals shall be limited to the difference between such 
portion and the full value less salvage thereof determined as 
herein provided, which shall not be in excess of fifty per 
cent of such value. 

The director shall make such rules and regulations in 
respect to the importation into the commonwealth of such 



22 Acts, 1953. — Chaps. 20, 21. 

animals or products therefrom as he may deem necessary. 

All determinations of value made hereunder shall be at 

fair market value. 
f^?^re?m-^*''"' SECTION 2. For the reimbursement of owners of livestock 
bwslJ^nt. as provided in this act, there is hereby appropriated from 
authorized. ^j^g General Fund the sum of one hundred thousand dollars, 

subject to the provisions of law regulating the disbursement 

of public funds and the approval thereof. 

Approved February 3, 1953. 

Chap. 20 An Act relative to the construction of a sea wall 

IN THE TOWN OF DUXBURY. 

Be it enacted, etc., as follows: 

Chapter 531 of the acts of 1952 is hereby amended by 
striking out section 5 and inserting in place thereof the 
following section: — Section 5. This act shall take full 
effect upon its acceptance by vote of the town of Duxbury 
at the annual town meeting or a special town meeting held 
in the year nineteen hundred and fifty-three and the filing 
in the office of the department of public works of a certified 
copy of said vote; provided, that the county of Plymouth 
shall have, previously to such acceptance by vote of a town 
meeting, accepted the provisions of this act by a majority 
vote of the county commissioners. 

Approved February 3, 1953. 

Chap. 21 An Act relative to forest fire emergencies. 

Be it enacted, etc., asfolloivs: 

Edo.iJiT' Chapter 131 of the General Laws is hereby amended by 

"^J;etc.,' striking out section 57, as appearing in section 2 of chapter 
599 of the acts of 1941, and inserting in place thereof the 
following section : — Section 57. Whenever it shall appear 
to the governor that by reason of extreme drought there is 
danger of fires resulting from hunting, trapping, fishing or 
other cause, he may, by proclamation suspend the opening or 
continuance of any or all open seasons established by this 
chapter, or any authorized extension thereof, and proclaim 
Close season a closc scasou on any or all birds, fish or mammals, for 
forest'fire such time as he may therein designate, and may therein 
luthfrized^' prohibit hunting, trapping, fishing and the possession of 
Proclamation firearms ou property of another during the same time, and 
ffovl^nor ^® may, by the same or another proclamation, proclaim that 

any or all sections of the woodlands and fields in the com- 
monwealth where danger of fire might exist shall be closed 
for such time as he may therein designate to hunters, trap- 
pers, fishermen and such other persons as he deems proper 
under the circumstances, except the owners or tenants of 
such property and their agents and employees, or persons 
holding written permission from any such owner or tenant 
to enter thereon for any lawful purpose other than hunting, 
trapping or fishing. As soon as the fire hazard is deemed to 



governor. 



Acts, 1953. — Chap. 22. 23 

be over the governor, for the purpose of providing just and 
reasonable facihties for hunting, trapping and fishing, in 
hke manner may extend any such open season for a period 
or periods not exceeding, in the aggregate, the time of such 
suspension, and if by reason of any such extension such open 
season in whole or in part coincides with any other open 
season in such manner as to cause any conflict in the laws 
relating thereto, he may, in like manner, postpone such 
other open season for such time as may be necessary to 
avoid such conflict. 

Every such proclamation shall take effect as therein 
stated. A proclamation issued under this section shall be 
published in such newspapers or posted in such places and 
in such manner under the direction of the department as 
the governor may order; but failure to comply with this 
paragraph shall not in any way invalidate any proclamation 
made under authority of this section. This section shall 
not apply to hunting on coastal waters. 

Approved February 3, 1953. 

An Act providing for the application of certain laws Chap. 22 

AFFECTING VETERANS AND THEIR ORGANIZATIONS TO THE 
ITALIAN-AMERICAN WORLD WAR VETERANS OF THE UNITED 
STATES, INC. 

Be it enacted, etc., as follows: 

Section 9 of chapter 5 of the General Laws, as most recently g. l. (Ter. 
amended by chapter 474 of the acts of 1951, is hereby further ^tl! 'amended, 
amended by inserting after the word "AM VETS", in line 7, 
the words: — , Italian-American World War Veterans of 
the United States, Inc., and by inserting after the word 
"AMVETS", in line 30, the words: — , one copy of the 
volume relating to the Italian-American World War Veterans 
of the United States, Inc. to each post of the Itahan-American 
World War Veterans of the United States, Inc., — so as to 
read as follows: — Section 9. The state secretary shall ^^fe^to^P''' 
annually procure copies of the proceedings of the annual ^^^f^^^ 
encampments of the departments of Massachusetts, Grand w™riTwar 
Army of the Republic, United Spanish War Veterans, The 7he uXd^ 
American Legion, Disabled American Veterans of the World states. 
War, Marine Corps League, American Veterans of World 
War II, AMVETS, Italian-American World War Veterans 
of the United States, Inc., Jewish War Veterans of the 
United States and Veterans of Foreign Wars of the United 
States, held in that year, with 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 com- 
monwealth. He shall annually cause copies thereof, in- 
cluding 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 committee of the national en- 
campment, to be printed and bound; and shall cause one 
printed and bound copy of each to be sent to each town 



24 Acts, 1953. — Chaps. 23, 24. 

library in the commonwealth. He shall also send one copy 
of each volume relating to the Grand Army of the Repubhc 
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 detach- 
ment of the Marine Corps League, one copy of the volume 
relating to the American Veterans of World W^ar II, AM- 
VETS, to each post of the American Veterans of World 
War II, AMVETS, one copy of the volume relating to the 
Italian-American World War Veterans of the United States, 
Inc. to each post of the Italian-American World War Vet- 
erans of the United States, Inc., one copy of the volume 
relating to the Jewish War Veterans of the United States to 
each post of the Jewish War Veterans of the United States, 
and one copy of the volume relating to the Veterans of 
Foreign AVars 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 4, 1953. 

Chap. 23 An Act authorizing the town of phillipston to vote 

APPROPRIATIONS FROM A CERTAIN INSURANCE FUND. 

Be it enacted, etc., asfolloius: 

Section L The town of Phillipston is hereby authorized 
to vote appropriations from the workmen's compensation 
insurance fund established and maintained under the provi- 
sions of section thirteen A of chapter forty of the General 
Laws for any other municipal purpose. 

Section 2. Any action taken by the town of Phillipston 
during the current year pursuant to the authority contained 
in this act shall be as valid and effective as though this act 
was in full force and effect at the time of the posting of 
the warrant for said meeting. 

Section 3. This act shall take effect upon its passage. 
Approved February 4, 1953. 

Chap. 24 An Act removing in part a restriction on the loca- 
tion OF A PROPOSED SCHOOL BUILDING IN THE CITY OF 
WORCESTER. 

Be it enacted, etc., as follows: 

Section L Section 1 of chapter 273 of the acts of 1952 
is hereby amended by striking out, in line 7, the words 
"the westerly side of", — so that the first paragraph will 
read as follows : — The city of W^orcester may borrow from 
time to time, within a period of five years from the passage 



Acts, 1953. — Chaps. 25, 26. 25 

of this act, such sums as may be necessary, not exceeding, in 
the aggregate, nine hundred thousand dollars for the purpose 
of acquiring any necessary land by purchase or eminent 
domain and for constructing a school building or buildings 
on land on Prescott street in said city, including the cost of 
any surveys, architectural and engineering services, and 
landscaping and originally equipping and furnishing said 
school building or buildings, and may issue bonds or notes 
therefor which shall bear on their face the words, Worcester 
Industrial School Building Loan, Act of 1952. 

Section 2. This act shall take effect upon its passage. 
Approved February 4, 1953. 



An Act relating to members of the school committee Chap. 25 

OF the city of EVERETT HOLDING OTHER OFFICES OR 
POSITIONS THE SALARY FOR WHICH IS PAID FROM THE 
CITY TREASURY. 

Be it enacted, etc., asfolloivs: 

Section 1. No member of the school committee of the 
city of Everett, except the mayor, shall, while a member 
thereof, hold any other office or position the salary or com- 
pensation for which is payable out of the city treasury. 

Section 2. This act shall be submitted for acceptance 
to the qualified voters of the city of Everett at the next 
regular election in the form of the following question, which 
shall be placed upon the official ballot to be used in said city 
at said election: — "Shall an act passed by the General 
Court in the year nineteen hundred and fifty-three, entitled 
' An Act relating to members of the school committee of the 
city of Everett holding other offices or positions the salary 
for which is paid from the city treasury', be accepted by this 
city?" If a majority of the voters voting thereon vote in 
the afliirmative in answer to said question, then this act shall 
take full effect, but not otherwise. 

Approved February 4, 1953. 

An Act relative to the placing of acceptances of Chap. 26 
nominations on nomination papers and the filing 

OF same. 

Be it enacted, etc., as follows: 

Chapter 50 of the General Laws is hereby amended by ^j^-^J^""- 
striking out section 3A, inserted by chapter 37 of the acts of § sa, etc., 
1947, and inserting in place thereof the following section: — amended. 
Section 3A. Wherever the written acceptance of a candidate written^ 
upon a nomination paper or a signature and place of resi- orone^nomi- 
dence of the person filing the same is required by law, it gufRcreift^" 
shall be sufficient if such acceptance or signature and place Filing of 
of residence is placed upon one nomination paper only of ^^'"®- 
the group of nomination papers required to secure the 
nomination. Approved February 4, 1953. 



26 Acts, 1953. — Chaps. 27, 28. 



Chap. 27 An Act to authorize the placing op the positions of 

THE REGULAR OR PERMANENT MEMBERS OF THE FIRE 
DEPARTMENT OF THE TOWN OF ROCKLAND UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as folloivs: 

Section 1. The positions of the regular or permanent 
members of the fire department of the town of Rockland 
shall, upon the effective date of this act, become subject to 
the civil service laws and rules relating to fire fighters in 
towns, and the tenure of office of any incumbent thereof 
shall be unlimited, subject, however, to said laws, but the 
persons holding said positions on said effective date shall 
continue to serve therein provided they pass qualifying ex- 
aminations to which they shall be subjected by the division 
of civil service. 

Section 2. This act shall be submitted to the voters of 
said town at the next annual town meeting in the form of 
the following question, which shall be placed upon the official 
ballot to be used for the election of town officers at said meet- 
ing: — "Shall an act passed by the general court in the year 
nineteen hundred and fifty-three, entitled, 'An Act to Au- 
thorize the Placing of the Positions of the Regular or Per- 
manent Members of the Fire Department of the Town of 
Rockland under the Civil Service Laws', be accepted?" If 
a majority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon take full effect, but 
not otherwise. Approved February 4, 1953. 

Chap. 28 An Act providing for the initiative and referendum 

FOR THE city OF EVERETT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of chapter 
three hundred and fifty-five of the acts of eighteen hundred 
and ninety-two, the provisions of sections thirty-seven to 
forty-four, inclusive, of chapter forty-three of the General 
Laws shall apply to the city of Everett. 

Section 2. This act shall be submitted for acceptance 
to the qualified voters of the city of Everett at its next regu- 
lar 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-three, entitled 'An Act providing 
for the initiative and referendum for the city of Everett', be 
accepted by this city?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said question, 
then this act shall take full effect, but not otherwise. 

Approved February 4, 1953. 



Acts, 1953. — Chaps. 29, 30, 31. 27 



An Act providing for life tenure for george b. olson, Chap. 29 

INCUMBENT OF THE OFFICE OF SUPERINTENDENT OF 
STREETS AND SEWERS OF THE TOWN OF BELMONT. 

Be it enacted, etc., asfolloios: 

Section 1. The tenure of office of George B. Olson, in- 
cumbent of the office of superintendent of streets and sewers 
of the town of Belmont, shall, upon the effective date of this 
act, be unlimited, but he may be removed therefrom for cause 
after hearing in the manner provided by section forty-three 
of chapter thirty-one of the General Laws. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the current year in 
the form of the following question, which shall be placed 
upon the official ballot to be used for the election of town 
officers at said meeting: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty-three, 
entitled 'An Act providing for life tenure for George B. 
Olson, incumbent of the office of superintendent of streets 
and sewers of the town of Belmont', 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 February 4, 1953. 

An Act providing for life tenure for Joseph w. kales, Chap. 30 
incumbent of the office of town engineer of the 
town of belmont. 

Be it enacted, etc., asfolloios: 

Section 1. The tenure of office of Joseph W. Kales, 
incumbent of the office of town engineer of the town of 
Belmont, shall, upon the effective date of this act, be un- 
limited, but he may be removed therefrom for cause after 
hearing in the manner provided by section forty-three of 
chapter thirty-one of the General Laws. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the current year 
in the form of the following question, which shall be placed 
upon the official ballot to be used for the election of town 
officers at said meeting: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty-three, 
entitled 'An Act providing for hfe tenure for Joseph W. 
Kales, incumbent of the office of town engineer of the town 
of Belmont', 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 February 4, 1953. 

An Act relative to the revival of corporations. Chap. 31 
Be it enacted, etc., as folloios: 

Section 56 of chapter 155 of the General Laws is hereby aL.(Ter. 
amended by striking out the first sentence, as amended by § 56,' etc..' 

amended. 



28 



Acts, 1953. — Chaps. 32, 33. 



Revival of 
certain 
corporations, 
regulated. 



section 2 of chapter 456 of the acts of 1939, and inserting in 
place thereof the following sentence : — If the commissioner 
finds that a corporation has been dissolved subject to the 
provisions of this section by act of the general court or 
under the provisions of section fifty A and that such corpo- 
ration ought to be revived for all purposes or for any limited 
time or for any specified purpose or purposes with or without 
limitation of time, he may, not later than five years after 
the effective date of said act or after the date of the court 
decree dissolving such corporation under authority of said 
section fifty A, as the case may be, upon application by an 
interested party, file in the office of the state secretary a 
certificate, in such form as the commissioner may prescribe, 
reviving such corporation as aforesaid; and provided, fur- 
ther, that if the sole purpose of the revival of such a dis- 
solved corporation is to enable it to convey title to property 
or to sell and convey property and to distribute the proceeds 
among those entitled thereto, and if the revival is for a 
period not exceeding one year, the commissioner may file 
such certificate of revival at any time after the date of 
dissolution. Approved February 4, 1953. 



G. L. (Ter. 
Ed.), 155, 
§ 9, etc., 
amended. 

Use of words 
in corporate 
names, 
regulated. 



Chap. 32 An Act to permit the use of certain words in corporate 

NAMES. 

Be it enacted, etc., as follows: 

Section 9 of chapter 155 of the General Laws, as most 
recently amended by chapter 295 of the acts of 1943, is 
hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentence: — A 
corporation organized under the general laws may assume 
any name which, in the judgment of the commissioner, 
indicates that it is a corporation; but it shall not assume 
the name or trade name of another corporation established 
under the laws of the commonwealth, or of a corporation, 
firm, association or person carrying on business in the 
commonwealth, at the time of incorporation of the corpo- 
ration so organized or within three years prior thereto, or 
assume a name so similar thereto as to be likely to be mis- 
taken for it, except with the written consent of the said 
existing corporation, firm or association or of such person 
previously filed with the commissioner. 

Approved February 4, 1953. 



Chap. 33 An Act relative to the amount of insurance which 
counties may provide for the protection of their 
employees against liability arising out of their 
operation of county owned vehicles. 

Be it enacted, etc., asfolloius: 
Ed.^;35.T28, Section 28 of chapter 35 of the General Laws is hereby 
etc!, 'amended', amended by striking out the first sentence, as most recently 

amended by chapter 80 of the acts of 1952, and inserting in 



Acts, 1953. — Chaps. 34, 35. 29 

place thereof the following sentence : — The county com- insurance 
missioners shall annually prepare estimates of county receipts For°cTrS 
and expenditures for the ensuing year, in the form prescribed l^^y^^^^"^' 
by the director of accounts and upon blanks by him furnished, increased, 
including estimates for construction and repair of county 
buildings and for effecting insurance providing indemnity 
for or protection to the officers and employees of the county 
against loss by reason of their liability to pay damages to 
others for bodily injuries, including death at any time 
resulting therefrom, or for damage to property, caused by 
the operation, within the scope of their official duties or 
employment, of motor or other vehicles owned by the 
county, to an amount not exceeding twenty thousand dollars 
on account of injury to or death of one person, or not ex- 
ceeding one hundred thousand dollars for any one accident, 
and not exceeding ten thousand dollars on account of damage 
to property, or for providing indemnity or protection as 
aforesaid without insurance, with a statement of the cor- 
responding appropriations for the preceding year, and ex- 
penditures for each of the three preceding years, explaining 
any difference between the amount of any such estimate and 
the latest appropriation for the same purpose, and citing 
the laws relating thereto. Approved February 4, 1953. 

An Act relative to the reference to the voters in Chap. 34 

THE TOWN OF SAUGUS OF CERTAIN VOTES OF REPRESENTA- 
TIVE TOWN MEETINGS THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 55 of the acts of 1928, 
as amended by chapter 248 of the acts of 1933, is hereby 
further amended by striking out, in line 8, the words "three 
hundred" and inserting in place thereof the words: — ten 
per cent of the, — so that the second sentence will read as 
follows: — If within said ten days, a petition, signed by not 
less than ten per cent of the 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 forth- 
with call a special meeting for the sole purpose of presenting 
to the registered voters at large the question or questions so 
involved. 

Section 2. This act shall become effective upon its 
acceptance by the town at the next annual town meeting. 
Approved February 4, 1953. 

An Act further regulating reports of boiler and Chap. 35 

AIR tank inspections BY INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section 18 of chapter 146 of the General gl. (xer ^^ 
Laws, as appearing in the Tercentenary Edition, is hereby amended.' 



30 



Acts, 1953. — Chap. 36. 



Reports of 
boiler in- 
spections by 
insurance 
companies. 



G. L. (Ter. 
Ed.), 146, § ; 
amended. 



Reports of 
air tank 
inspections 
by insurance 
companies. 



amended by striking out, in line 3, the word "furnished" 
and inserting in place thereof the word : — approved, — so 
as to read as follows: — Section 18. Every insurance com- 
pany shall forward to the chief, within fourteen days after 
each inspection, reports of all boilers inspected by it. Such 
reports shall be made on blanks approved by the chief, and 
shall contain all orders made by the company regarding 
such boilers. 

Section 2. Section 38 of said chapter 146, as so appear- 
ing, is hereby amended by striking out, in line 5, the word 
"furnished" and inserting in place thereof the word: — 
approved, — so as to read as follows: — Section 38. Every 
insurance company authorized to insure air tanks within 
the commonwealth shall forward to the commissioner, within 
fourteen days after each inspection of an air tank or other 
such receptacle, a report of such inspection. The reports shall 
be made on blanks approved by the division, and shall 
contain all orders and regulations made by the company 
regarding the air tanks or other receptacles so inspected. 

Approved February 4, 1953. 



Chap. 36 An Act authorizing the town of wayland to use cer- 
tain PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Wayland is hereby authorized 
to use for school and school yard purposes and for an access 
road from Pelham Island road to the Wayland high school, 
the park land bounded and described as follows : — 

Northwesterly, by Pelham Island road, one hundred and 
fifty feet, more or less; 

Southeasterly, by park land, on a curve of radius fifty- 
five feet, seventy-two feet more or less; 

Easterly, by park land, one hundred and ninety feet, 
more or less; 

Southeasterly, by the center line of Millbrook, sixty-two 
feet, more or less ; 

Southwesterly, by park land, one hundred and eighty- 
three feet, more or less; 

Southwesterly and southerlj^, on a curve of radius thirty 
feet, fifty-eight feet, more or less. 

All as shown on a plan entitled "Plan of Park Land to be 
Used for School Purposes in Wayland, Mass." dated De- 
cember 2, 1952, by Everett M. Brooks Co., Civil Engineers, 
to be recorded. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 19 58. 



Acts, 1953. — Chaps. 37, 38. 31 

An Act providing for a five day work week for mem- 



Chap. 37 



BERS OF THE POLICE DEPARTMENT OF THE TOWN OF 
NAHANT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of 
general 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 
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 emer- 
gency, 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-three 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-three, entitled 'An Act providing for a 
five day work week for members of the police department 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 efi"ect, but not otherwise. 

Approved February 5, 1953. 



An Act authorizing the submission of a question Qhav. 38 
relating to zoning to the voters of the town of 
hamilton. 

Be it enacted, etc., as folloivs: 

Section 1. At the annual meeting for the election of 
officers in the town of Hamilton to be held in March of the 
current year, there shall be submitted to the voters thereof 
the following question which shall be placed upon the 
official ballot to be used for the election of town officers at 
said meeting: — "Shall zoning by-laws be adopted in this 
town, in accordance with the final report of the planning 
board on file with the town clerk?" 

Section 2. If a majority of the voters present and 
voting on said question at said meeting vote in the affirmative, 
this act shall become effective and zoning by-laws shall be 
deemed to be adopted in this town, subject to the provisions 
of law regulating the adoption of zoning by-laws. 

Approved February 10, 1953. 



32 Acts, 1953. — Chaps. 39, 40. 



Chap. 39 An Act amending the charter of the hebrew teachers 

COLLEGE. 

Eme^ency WJiereas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to make the provisions con- 
tained herein effective forthwith, therefore it is hereby 
declared to be an emergency law, necessarj'- for the im- 
mediate preservation of the public convenience. 

Be it ejiacted, etc., as follows: 

Section 1. Chapter 112 of the acts of 1927 is hereby 
amended by striking out section 1 and inserting in place 
thereof the follo\\dng: — Section 1. Abraham K. Cohen, 
Maurice B. Hexter, Abraham S. Hirshberg, Louis Hurwich, 
Nathan Isaacs, Albert W. Kaffenburgh, Louis E. Kirstein, 
David A. Lourie, Leon S. Medalia, Morris Morse, Nathan 
Pinanski, IN'Iilton J. Rosenau, Meyer J. Sawyer, Max Shool- 
man, Njsson Touroff, and Harry A. Wolfson, and their 
associates and successors, are herebj^ constituted a body 
corporate by the name of the Hebrew Teachers College, for 
the purpose of maintaining an institution to train men and 
women to teach, conduct and supervise Jewish schools; to 
study the Hebrew language, the Hebrew literature, history 
and religion; to study scientifically problems of Jewish 
education; to do research and community work; to ad- 
vance Hebrew scholarship and to make available to the 
general public a constructive knowledge of the Jewish 
spiritual creations and contributions to the world's culture 
and progress; to establish and maintain in connection 
therewith a library and to co-operate with other institutions 
of similar purpose. The said corporation shall have all the 
powers and privileges, and be subject to all the restrictions, 
duties and liabilities, set forth in all general laws now or 
hereafter in force relating to such corporations, except as 
otherwise provided herein. 

Section 2. Said chapter 112 is hereby further amended 
by striking out section 4 and inserting in place thereof the 
following: — Section 4. The corporation hereby constituted 
is authorized and empowered to take by deed, gift, convey- 
ance, lease, devise and bequest, real and personal property 
to the extent of five million dollars, and to hold and devote 
the same and the income arising therefrom for its proper 
uses and purposes. Approved February IS, 1953. 

Chap. 40 An Act relative to the duties of the comptroller. 

Be it enacted, etc., as follows: 
G-L. (Ter. Scctiou 16 of chapter 7 of the General Laws, as amended 

etc!, 'amended, by chaptcr 274 of the acts of 1950, is hereby further amended 

by striking out, in line 1, the word "He" and inserting in 
Comptroller, place thereof the words : — The comptroller, — so that the 
systTm for first sentcuce will read as follows : — The comptroller shall 

commonwealth. 



Acts, 1953. — Chaps. 41, 42. 33 

design and install an accounting system for the common- 
wealth and prescribe the requisite forms and books of ac- 
count to be used by each department, office, commission and 
institution of the commonwealth. 

Approved February 16, 1953. 



An Act relative to rates of pilotage. Chap. 41 

Be it enacted, etc., as follows: 

Chapter 103 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 31, as appearing in the Tercentenary ^meudfd.' ^ ^^' 
Edition, and inserting in place thereof the following section : — 
Section 31 . Rates of pilotage outward and inward for the Rates of 
port of Boston, calculated per foot of draught, shall be as piiot^g^. 
follows: — four dollars for vessels not over five hundred 
tons ; four dollars and fifty cents for vessels over five hundred 
tons and not over one thousand tons ; five dollars for vessels 
over one thousand tons and not over fifteen hundred tons; 
five dollars and fifty cents for vessels over fifteen hundred 
tons and not over two thousand tons; six dollars for ves- 
sels over two thousand tons. The tonnage herein specified 
shall mean the net registered tonnage. 

Vessels inward bound from the sea or outward bound 
from the port, which are detained over twenty-four hours 
in the vicinity of President Roads, shall pay, in addition to 
the rates herein specified, fifty per cent thereof, unless such 
vessel is so detained by fog or stress of weather. 

For shifting a vessel from one dock to another in the 
upper harbor, the pilotage rate shall be twenty-five dollars. 
Approved February 16, 1953. 

An Act relative to the powers of special police of- QJidj) 42 
ficers of the boston terminal corporation. 

Be it enacted, etc., as follows: 

Section 1. Section 89 of chapter 159 of the General g^l.^ctm ^^ 
Laws is hereby amended by striking out, in line 3, as appear- etc!, 'ameAded. ' 
ing in section 1 of chapter 363 of the acts of 1936, the word 
"Company" and inserting in place thereof the word: — Cor- 
poration. 

Section 2. Section 219 of chapter 160 of the General g^^-^^f^- 
Laws, as appearing in the Tercentenary Edition, is hereby § 219, ' 
amended by striking out, in fines 2 and 3, the word "Com- amended, 
pany" and inserting in place thereof the word: — Corpora- 
tion. 

Section 3. Section 220 of said chapter 160, as so appear- g. l. (Xer. 
ing, is hereby amended by striking out, in line 4, the word f 220/*^°' 
"Company" and inserting in place thereof the word: — amended. 
Corporation. 

Section 4. All appointments of police officers purporting Appointments 
to be, or to have been, made by The Boston Terminal Cor- chapte?i59,' 
poration pursuant to said section eighty-nine of chapter f^^'j-jf^^g^^' 



34 Acts, 1953. — Chaps. 43, 44, 45. 

one hundred and fifty-nine of the General Laws are hereby- 
authorized and vaHdated as of the respective appointment 
dates. The authority of the pohce officers so appointed to 
perform the duties and exercise the powers conferred by 
law upon officers duly appointed under said section eighty- 
nine, and all acts of such poHce officers so appointed by The 
Boston Terminal Corporation, done in the lawful performance 
of said duties or exercise of said powers upon and after the 
acquisition by The Boston Terminal Corporation of the 
property in the city of Boston formerly of The Boston 
Terminal Company, generally knoAvn as the South Station, to 
the eftective date of this act, are hereby authorized and 
confirmed. Approved February 16, 1953. 

Chap. 43 An Act authorizing the city of chelsea to expend 
A certain unexpended balance of funds for back 

SALARIES OF CHELSEA SCHOOL EMPLOYEES. 

Be it enacted, etc., as follows. ■ 

Any unexpended balance of the sum authorized by chapter 

five hundred and twenty-eight of the acts of nineteen hundred 

and fifty-two for salaries of administrative personnel and 

janitors may be used for back salaries of day school teachers. 

Approved February 16, 1953. 

Chap. 44 An Act providing for the administration of the oath 
OF office to town and district moderators. 

Be it enacted, etc., as follows: 

Ed^' 41%' 107 Section 107 of chapter 41 of the General Laws, as appearing 

amended. ' iu the Tercentenary Edition, is hereby amended by striking 

out the second sentence and inserting in place thereof the 

Administja- f olloT\dng Sentence : — Every person elected as a moderator 

of°office°to of a town or district or to any other town office designated by 

offidak!°''° name in section one, before entering upon his official duties, 

shall be sworn to the faithful performance thereof either by 

the town clerk in the case of a moderator, and in all other 

cases by the moderator, or by the town clerk, and, unless 

other provision is specifically made by law, shall enter upon 

the performance of his duties on the day after his election, or 

as soon thereafter as he is qualified, and shall hold office 

during the term fixed by law, which shall begin on the day 

after said election, and until another person is quahfied in 

his stead. Approved February 16, 1953. 

Chap. 45 An Act making the provisions of the civil service laws 

applicable to the town of LUDLOW WITH RESPECT TO 
ITS SEWER DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter thirty-one of the 
General Laws and the rules made thereunder, including 
those relative to the employment of laborers designated as 



Acts, 1953. — Chaps. 46, 47, 48. 35 

the "labor service", shall be in force in the town of Ludlow 
with respect to all appointive offices and positions in the 
sewer department of said town. 

Section 2. This act shall be submitted to the voters of 
said to'OTi at the next annual town election in the form of the 
following question, which shall be placed upon the official 
ballot to be used for the election of town officers: — "Shall 
an act passed by the General Court in the year nineteen 
hundred and fifty-three, entitled 'An Act making the provi- 
sions of the civil service laws applicable to the town of 
Ludlow with respect to its sewer department', be accepted?" 
If a majority of the votes cast in answer to said question is 
in the affirmative, then this act shall thereupon take full 
effect, but not otherwise. Approved February 16, 1953. 

An Act authorizing Massachusetts memorial hospitals (^/j^^p 4g 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. ^' 

Be it enacted, etc., as follows: 

Massachusetts Memorial Hospitals, formerly called The 
Massachusetts Homeopathic Hospital and incorporated by 
chapter four hundred and eleven of the acts of eighteen 
hundred and fifty-five, is hereby authorized to hold, for the 
purposes for which it is incorporated, real and personal 
estate to an amount not exceeding twenty-five milhon 
dollars in value, including the amount which it is already 
authorized by law to hold. Approved February 16, 1953. 

An Act authorizing newton-wellesley hospital to Chaj). 47 

HOLD ADDITIONAL REAL AND PERSONAL PROPERTY. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section nine of chapter 
one hundred and eighty of the General Laws, Newton- 
V/ellesley Hospital, a charitable corporation organized under 
the General Laws, may for the purposes provided for in 
said chapter one hundred and eighty hold real and personal 
estate to an amount not exceeding ten milhon dollars, which 
estate, or its income, shall be devoted to the purposes set 
forth in the charter or agreement of association of said 
Newton-Wellesley Hospital or of any amendment thereto. 
Approved February 16, 1953. 

An Act authorizing the city of everett to appropriate QJid^ 48 

MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN UN- 
PAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Everett is hereby authorized to 
appropriate money for the payment of, and after such ap- 
propriation the treasurer of said city is hereby authorized to 
pay, such of the unpaid bills incurred by said city and 
totalhng nine thousand, three hundred and forty-six dollars 
and eighty-two cents, as set forth in the hst on file in the 



36 Acts, 1953. — Chaps. 49, 50. 

office of the director of accounts in the department of cor- 
porations and taxation, as are legally unenforceable against 
said city, either by reason of their being incurred in excess of 
available appropriations or by reason of the failure of said 
city to comply with the provisions of its charter, and as are 
certified for payment by the heads of the departments 
wherein the bills were contracted. 

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 
receives 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 3A. This authorization shall apply only to 
unpaid bills incurred in the years nineteen hundred and 
forty-seven, nineteen hundred and forty-nine and nineteen 
hundred and fifty. 

Section 4. This act shall take effect upon its passage. 
Approved Fehruary 17, 1953. 

Chap. 49 An Act repealing certain provisions of law author- 
izing THE TOWN OF IPSWICH TO RETIRE AND PAY A PENSION 
TO CHARLES A. MALLARD. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 486 of the acts of 1952 is hereby 
repealed. 

Section 2. This act shall take effect upon its passage. 
Approved February 17, 1953. 

Chap. 50 An Act validating and confirming the laying out of 

PUBLIC WAYS IN THE TOWN OF AVON. 

Be it enacted, etc., as follows: 

Section 1. The location and laying out of all highways 
and other ways laid out during the years nineteen hundred 
and thirty-one to nineteen hundred and fifty-one, inclusive, 
by the selectmen of the town of Avon in so far as such loca- 
tion and laying out may be invalid by reason of failure to 
comply with the provisions of chapters seventy-nine, eighty 
and eighty-two of the General Laws, are hereby validated 
and confirmed. 

Section 2. This act shall take effect upon its passage. 
Approved February 17, 1953. 



Acts, 1953. — Chaps. 51, 52, 53. 37 



An Act relative to budgets in cities. Chap. 51 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to place a higher ceiling on the preamble. 
estimated cost of equipment to be purchased by city govern- 
ments made necessary by the general increase in the prices 
of all commodities, 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. • 

Subdivision (2) of the first paragraph of section 32 of Ed ^' ill' 32 
chapter 44 of the General Laws, as appearing in section 2 of etcVamended'. 
chapter 473 of the acts of 1941, is hereby amended by 
striking out, in line 3, the words "three hundred" and in- 
serting in place thereof the words : — one thousand, — so 
as to read as follows : — 

(2) Proposed expenditures for other than ordinary mainte- Budgets in 
nance, including additional equipment the estimated cost of f^^^^- ■"''S"- 
which exceeds one thousand dollars. 

Approved February 17, 1953. 



An Act relative to appropriations by the town of (7/^^r) 52 

CHATHAM FOR MUNICIPAL ADVERTISING PURPOSES. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The town of Chatham may, by a majority 
vote, appropriate each year a sum not exceeding twenty-five 
hundred dollars for advertising the advantages of the town. 
The money so appropriated by said town shall be expended 
under the direction of the selectmen. 

Section 2. Any action taken by a town meeting in the 
town of Chatham pursuant to authority granted by this act 
shall be as valid and effective as though this act was in full 
force and effect at the time of the posting of the warrant for 
said meeting. 

Section 3. This act shall take effect upon its passage. 
Approved February 17, 1953. 



An Act repealing an act relative to loans by the Chav 53 

CITY of WORCESTER, 

Be it enacted, etc., as follows. • 

Section 1. Chapter 211 of the Special Acts of 1916, as 
amended by chapter 138 of the acts of 1920 and by chapter 
130 of the acts of 1952, is hereby repealed. 

Section 2. This act shall take effect upon its passage. 
Approved February 17, 1953. 



38 Acts, 1953. — Chaps. 54, 55, 56. 

rhn'n ^4. An Act for the regulation of the common and town 
u^m/y. o^ landing places in the town of cohasset and of 

COHASSET HARBOR. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Cohasset 
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 commonwealtn as they 
shall deem proper to carry into effect the provisions ot this 
act The selectmen of said town shall have the immediate 
custody of said landings and the duty of enforcmg such by- 
laws, rules and regulations as shall be made or adopted by 
the town, under this section. r r^ u ^ 

Section 2. The inhabitants of the town of Cohasset 
may by by-laws, pro\ade for the regulation and enforcement 
of rules and regulations for the operation of and hmitmg the 
speed of motor boats in Cohasset harbor and cove withm the 
territorial hmits of the commonwealth, and of the mooring 
and anchoring of boats, lobster cars or floats therein, to the 
end that such motor boats shall not be operated m a manner 
which endangers the safety of the.pubhc or is detrunental or 
injurious to the neighborhood or to the value of property 
therein, and the congestion of said harbor and cove is lessened. 
The provisions of this section shall be enforced by the harbor 
master, assistant harbor master and pohce officers authorized 
to make arrests. ^ ^ . , ^ • U4. r 

Section 2A. Section nineteen of chapter eighty-eight ot 
the General Laws relative to pubUcation and penalties shall 
apply to such by-laws, rules and regulations made and 
adopted under the provisions of this chapter. 

Section 3. This act shall take effect upon its passage. 
Approved February 17, WoUS. 

Chn'n ^^ An Act providing that assistant treasurers in cities 
K^nap. oo ^^^ towns may receive compensation. 

Be it enacted, etc., as follows: 
G L (Ter. Sectiou 39A of chapter 41 of the General Laws inserted by 

fi\'itc chapter 89 of the acts of 1939, is hereby amended by stnk- 
Ir^ended"' ing out the kst seutcuce and inserting m place thereof the 

following sentence: — The person appointed as assistant 
salaries for treasurer may receive a salary ^^om the city or town for 
^^S' service as such. Approved F ebruary 17, 19o3. 

and 



rhn^ ^f\ An Act to provide for the filling of vacancies in the 

Ltiap. OD ^^^^ NUMBER OF TOWN MEETING MEMBERS IN THE TOWN 
OF FRAMINGHAM. 

Be it enacted, etc., as follows: 

Section 5 of chapter 143 of the acts of 1949 is hereby 
amended by striking out the third, fourth and fifth sentences 



Acts, 1953. — Chaps. 57, 58. 39 

and inserting in place thereof the three following sentences : — 
In the event that a vacancy occurs in the full number of 
town meeting members from any precinct, the town clerk 
shall at once choose the person who received the highest 
number of votes as a defeated candidate for the office of 
town meeting member in the preceding election in the 
precinct where the vacancy occurs, and shall notify him of 
his election as a town meeting member. If for any reason 
this candidate cannot accept such appointment, the next 
highest in recorded vote shall be appointed. In the event of 
a tie vote the town clerk shall call together the town meeting 
members of the precinct where the vacancy occurs, and they 
shall, by majority vote of those members present, elect any 
registered voter of that precinct to fill such vacancy. 

Approved February 17, 1953. 



An Act repealing the law requiring spittoons in Chap. 57 

FACTORIES AND WORKSHOPS. 

Be it enacted, etc., as follows: 

Section 140 of chapter 149 of the General Laws, as appear- G.L.(Ter.Eci.) 
ing in the Tercentenary Edition, is hereby repealed. repeaLd*"' 

Approved February 17, 1958. 



An Act increasing the amount of money the county Chap. 58 

COMMISSIONERS OF THE COUNTY OF DUKES COUNTY MAY 
EXPEND FOR THE PURPOSE OF PROMOTING THE RECREATION- 
AL ADVANTAGES OF SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 134 of the acts of 1938 is hereby 
amended by striking out section 1, as most recently amended 
by chapter 49 of the acts of 1949, and inserting in place 
thereof the following section : ■ — Section 1 . The county 
commissioners of the county of Dukes county may, for the 
purpose of advertising the recreational advantages of said 
county and for operating information booths in said county, 
expend such sums, not exceeding twenty thousand dollars 
in any one year, as may be appropriated therefor. In ad- 
dition to expenditures for operating information booths, said 
commissioners shall expend such sums only for advertising in 
newspapers, magazines and the hke, or for booklets, posters 
or other forms of advertising. In carrying out the provisions 
of this act, said commissioners may designate an agent or 
agents to act for them or to act jointly with them; provided, 
that all bills incurred shall be accompanied by proper 
vouchers and shall be paid by the county treasurer only on 
warrants approved by the county commissioners or a majority 
of them. Appropriations for the purposes of this act shall be 
included in the county tax, except that the town of Gosnold 
shall not be assessed for any part thereof in the assessment 
of the county tax. 



40 Acts, 1953. — Chaps. 59, 60. 

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

Approved February 17, 1953. 

Chap. 59 An Act relative to the town manager form of govern- 
ment IN the town of stoughton. 

Be it enacted, etc., as follows: 

Section 1. Section .5 of chapter 400 of the acts of 1921, 
as amended by chapter 435 of the acts of 1951, is hereby 
further amended by striking out, in lines 4 to 8, inclusive, 
the words ", which shall also act as the planning board of 
the town and shall have all necessary powers therefor, in- 
cluding 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", — so as to read 
as follows : — Section 5. 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, 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 com- 
missioners according as the term of one or two of such com- 
missioners is about to expire. 

A vacancy in said commission shall be filled in the manner 
provided in section eleven of chapter forty-one of the General 
Laws for filling vacancies in a board consisting of two or more 
members. 

Section 2. Section 6 of said chapter 400 is hereby 
amended by striking out the second paragraph. 

Section 3. This act shall take effect upon the establish- 
ment of a planning board in the town of Stoughton and the 
qualification of the members thereof under section eighty- 
one A of chapter forty-one of the General Laws. 

Approved February 17, 1953. 

Chap. 60 An Act providing that the chairman of the board or 
appeal under zoning by-laws and the chairman of 
the planning board of the town of milford shall 
be town meeting members at large in said town. 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 3 of chapter 
271 of the acts of 1933, as amended by chapter 6 of the acts 
of 1938, is hereb}'^ further amended by inserting after the 
word "commissioners", in line 15, the words: — , the chair- 
man of the board of appeal under zoning by-laws, the chair- 
man of the planning board, — so as to read as follows : — 
Any representative town meeting held under the provisions 
of this act, except as otherwise provided herein, shall be 
limited to the voters elected under section two, together 



Acts, 1953. —Chap. 61. 41 

with the following, designated as town meeting members at 
large; namely, any member of the general court of the com- 
monwealth from the town, the moderator, the town clerk, 
the selectmen, the town treasurer, the town counsel, the 
highway surveyor, the chairman of the trustees of the public 
library, the chairman of the finance committee, the chair- 
man of the school committee, the chairman of the board of 
assessors, the chairman of the board of health, the chairman 
of the park commission, the chairman of the board of town 
cemeteries, the chairman of the registrars of voters, the tax 
collector, the chairman of the board of public welfare, the 
chairman of the board of sewer commissioners, the chairman 
of the board of appeal under zoning by-laws, the chairman 
of the planning board and the town accountant. 

Section 2. Section one of this act shall be submitted 
for acceptance to the town meeting members of the town of 
Milford at the next annual town meeting under an article 
which the selectmen of said town are hereby directed to 
insert in the warrant for such meeting, and shall take full 
effect upon its acceptance by a majority of the town meeting 
members voting thereon. Approved February 17, 1953. 

An Act making certain changes in the law relative Chap 61 
TO the adoption of children. 

Be it enacted, etc., as follow s: 

Chapter 210 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 3, as most recently amended by chapter Unamended. 
352 of the acts of 1952, and inserting in place thereof the 
following section : — Section S. The consent of the persons Adoption of 
named in section two, other than the child or her husband, regulated. 
if any, shall not be required if the person to be adopted is 
of full age, nor shall the consent of any such person other 
than the child be required if such person is adjudged by the 
court hearing the petition to be hopelessly insane, or is im- 
prisoned in any penal institution in this commonwealth 
under sentence for a term of which more than three years 
remain unexpired at the date of the petition; or if he has 
wilfully deserted or neglected to provide proper care and 
maintenance for such child for one year last preceding the 
date of the petition, and the foregoing provision shall be 
applicable to the parent or parents of the child and their 
consent shall not be required notwithstanding the absence 
of a court decree ordering said parent or parents to pay for 
the support of said child, and notwithstanding a court decree 
awarding custody of said child to another; or if he has 
suffered such child to be supported for more than one year 
continuously prior to the petition by an incorporated char- 
itable institution or by a town or by the commonwealth; 
or if he has been sentenced to imprisonment for drunkenness 
upon a third conviction within one year and neglects to 
provide proper care and maintenance for such child; or if 
such person has been convicted of being f^. common night 



42 Acts, 1953. — Chap. 62. 

walker or a lewd, wanton and lascivious person, and neglects 
to provide proper care and maintenance for such child. 
A giving up in writing of a child, for the purpose of adoption, 
to an incorporated charitable institution or the department 
of pubhc welfare shall operate as a consent to any adoption 
subsequently approved by such institution or said depart- 
ment. Notice of the petition shall be given to the depart- 
ment of public welfare, if the child is supported by a town 
or by the commonwealth, and if the child is supported by 
a town, notice shall also be given to the board of pubhc 
welfare thereof, and in Boston said notice shall be given 
both to the overseers of the pubhc welfare in the city of 
Boston and to the institutions department. 

Approved February 17, 1953. 

Chap. 62 An Act providing for the installation of additional 

WATER SUPPLY FACILITIES AND THE PURCHASE OF AD- 
DITIONAL X-RAY EQUIPMENT AT THE HAMPSHIRE COUNTY 
SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of instalhng additional 
water supply facilities, and for the purchase of additional 
X-ray equipment for use at the Hampshire county sana- 
torium, situated in that portion of the city of Northampton 
known as Leeds, the county commissioners of Hampshire 
county may expend a sum not exceeding twenty thousand 
dollars. Said sum shall ultimately be repaid by the counties 
of Hampshire, Franklin and Berkshire in the same, propor- 
tions as are established and set forth for the payment of 
maintenance expenses of said sanatorium in existing contracts 
between the counties of Frankhn, Berkshire and Hampshire 
for the purpose of guaranteeing adequate hospital provision 
for tubercular patients residing in said counties. 

Section 2. To provide funds for the purposes of this 
act, the county treasurer of the county of Hampshire, with 
the approval of the county commissioners, may borrow on 
the credit of the county such sums as may be necessary, not 
exceeding, in the aggregate, twenty thousand dollars, and 
may issue notes of the county therefor, which shall bear on 
their face the words, Hampshire County Sanatorium Water 
Supply and X-ray Equipment Loan, Act of 1953. Such 
notes shall be payable in not more than three years from the 
date of issue. The notes shall be signed by the county 
treasurer and countersigned by a majority of the county 
commissioners. To meet payments of principal and interest 
on account of said notes, each of the counties of Franklin 
and Berkshire shall, upon the certification to the county 
commissioners of said county by the county treasurer of 
Hampshire county, pay such sum into the treasury of Hamp- 
shire county; and, for the purposes hereof, the sum so 
required to be paid by each such county shall be treated as 
tuberculosis hospital maintenance, and the pertinent provi- 



Acts, 1953. — Chap. 63. 43 

sions of section eighty-five of chapter one hundred and 
eleven of the General Laws shall apply to the raising, ap- 
portioning and collection thereof. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by the county commission- 
ers of Hampshire, Frankhn and Berkshire counties, but not 
otherwise. Approved February 17, 1953. 



An Act providing for the initiative and referendum Chap. 63 

FOR THE city OF NORTHAMPTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 250 of the acts of 1883 is hereby 
amended by insertmg after section 40 the following eight 
sections: — Section 4-0 A. A petition conforming to the 
requirements hereinafter provided and requesting the city 
council to pass a measure, except an order granted under 
section seventy or seventy-one of chapter one hundred and 
sixty-four, or chapter one hundred and sixty-six of the 
General Laws, or requesting the school committee to pass 
a measure, therein set forth or designated, shall be termed 
an initiative petition, and shall be acted upon as hereinafter 
provided. In this and the seven following sections, "meas- 
ure" shall mean an ordinance, resolution, order or vote passed 
by a city council, or a resolution, order or vote passed by 
a school committee, as the case may be. 

Section /{.OB. Signatures to initiative petitions need not 
be all on one paper. All such papers pertaining to any one 
measure shall be fastened together and shall be filed in the 
office of the city clerk as one instrument, with the endorse- 
ment thereon of the names and addresses of three persons 
designated as fifing the same. With each signature to the 
petition shall be stated the place of residence of the signer, 
giving the street and number, if any. 

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

The city clerk shah forthwith transmit the said certificate 
with the said petition to the city council or to the school 
committee, according as the petition is addressed, and at the 
same time shall send a copy of said certificate to one or more 
of the persons designated on the petition as fifing the same. 

Section J^OC. If any initiative petition is signed by regis- 
tered voters equal in number to at least twenty per cent 
of the whole number of registered voters, the city council or 
the school committee shaU, within twenty days after the 
date of the certificate of the registrars to that effect : — 

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



44 Acts, 1953. — Chap. 63. 

2. The city council shall call a special election to be held 
on a Tuesday fixed by it not less than thirty nor more than 
forty-five days after the date of the certificate hereinbefore 
mentioned, and shall submit the proposed measure without 
alteration to a vote of the registered voters of the city at 
that election; provided, that if any city election is otherwise 
to occur within ninety days after the date of said certificate, 
the city council may, at its discretion, omit calling the 
special election and submit the proposed measure to the 
voters at such approaching election. 

Section JfOD. If an initiative petition is signed by regis- 
tered voters equal in number to at least eight per cent but 
less than twenty per cent of the total number of registered 
voters, and said measure be not passed without alteration 
within twenty days by the city council or the school com- 
mittee, as provided in section forty C, such proposed meas- 
ure, without alteration, shall be submitted by the city 
council to a vote of the registered voters of the city at the 
next regular municipal election. A measure proposed under 
this section or section forty C shall become effective if it 
shall be approved by registered voters of the city equal in 
number to one third of the whole number thereof and also 
by a majority of the voters voting on such measure, but not 
otherwise. 

Section 40E. The ballots used when voting upon a 
proposed measure under section forty C or forty D, or a 
measure or part thereof protested against under section 
forty F, shall state the nature of the measure in terms suf- 
ficient to show the substance thereof. 

Section 4OF. If, within twenty days after the final 
passage of any measure, except a revenue loan order, by the 
city council or by the school committee, a petition signed by 
registered voters of the city, equal in number to at least 
twelve per cent of the total number of registered voters, is 
presented to the city council or to the school committee, as 
the case may be, protesting against such measure, or any 
part thereof, taking effect, the same shall thereupon and 
thereby be suspended from taking effect; and the city 
council or the school conmiittee, as the case may be, shall 
immediately reconsider such measure or part thereof; and 
if such measure or part thereof is not entirely rescinded, the 
city council shall submit the same, by the method herein 
provided, to a vote of the registered voters of the city, either 
at the next regular city election, or at a special election which 
may, in its discretion, be called for the purpose, and such 
measure or part thereof shall forthwith become null and 
void unless a majority of the registered voters voting on the 
same at such election vote in favor thereof. 

The petition described in this section shall be termed a 
referendum petition, and section forty B shall apply to the 
procedure in respect thereto, except that the words "measure 
or part thereof protested against" shall for this purpose be 
understood to replace "measure" in said section wherever it 



Acts, 1953. — Chaps. 64, 65. 45 

may occur, and "referendum" shall be understood to replace 
the word "initiative" in said section. 

Section l^OG. The city council may, of its own motion, 
and shall, upon request of the school committee if a measure 
originates with that committee and pertains to the affairs 
under its administration, submit to a vote of the registered 
voters of the city for adoption or rejection at a general or 
special city election any proposed measure, or a proposition 
for the repeal or amendment of any measure, in the same 
manner and with the same force and effect as are hereby 
provided for submission on petition. 

Section 40H. If two or more proposed measures passed at 
the same election contain conflicting provisions, the one 
receiving the greater number of affirmative votes shall take 
effect. 

Section 2. This act shall be submitted for acceptance 
to the qualified voters of the city of Northampton at the 
next regular city election in the form of the following ques- 
tion, which shall be placed upon the official ballot to be used 
at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-three, entitled 
'An Act providing for the Initiative and Referendum for 
the City of Northampton', be accepted by this city?" If 
a majority of the voters voting thereon vote in the affirmative 
in answer to said question, then this act shall take full effect, 
but not otherwise. Approved February 17, 1953. 

An Act to provide for bulk sum payment of additional Phn^ 54 

COMPENSATION FOR SPECIFIC INJURY UNDER THE WORK- ^' 

men's COMPENSATION LAW. 

Be it enacted, etc., as follows: 

Section 36 of chapter 152 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 84 of the acts of 1952, is hereby ftt'^/aHnLT' 
further amended by adding at the end the following para- 
graph : — 

The weekly paynaents provided for in this section may at Bulk sum 
the discretion of the board or any member thereof be paid fpJcTfiTi'nj^ies, 
to the employee in a bulk sum. Nothing in this section authorized. 
shall adversely affect the employee's right to any compensa- 
tion which is or may become due under the provisions of 
this or any other section. Approved February 17, 1953. 

An Act authorizing the town of wrentham to supply Qhav. 65 

AND SELL WATER TO THE TOWN OF NORFOLK. 

Be it enacted, etc., as follows: 

The town of Wrentham may supply and sell water for 
domestic and other purposes to the town of Norfolk upon 
such terms and conditions as may be agreed upon between 
said towns, or, in case of failure so to agree, upon such terms 
and conditions as may be fixed by the state department of 



46 Acts, 1953. —Chaps. 66, 67. 

public utilities; and said town of Norfolk is hereby authorized 
to purchase such water. Any installation and extension of 
water mains and other facilities made within the limits of 
the town of Norfolk shall be subject in all respects to the 
approval of the selectmen of said town. 

Approved February 17, 195S. 

Chap. 66 An Act authorizing the city of litstn to sell a certain 

PARCEL OF LAND IN SAID CITY, ACQUIRED FOR PARK PUR- 
POSES. 

Be it enacted, etc., as follows. • 

Section 1. The city of Lynn, by its proper authorities, 
may sell, transfer and convey to Charles T. Vallas a certain 
parcel of land containing eight hundred and forty-three 
square feet, more or less, in said city, heretofore acquired by 
said city for park purposes by a taking by its city council. 
Said land is bounded northerly by land of Charles Vallas 
a distance of seventy-six feet, more or less; easterly by 
Sluice pond a distance of eight and forty one-hundredths 
feet; southerly by Sluice pond a distance of seventy-seven 
and four one-hundredths feet; westerly by Sluice pond a 
distance of twenty-one feet. 

Section 2. This act shall take effect upon its acceptance 
during the current year, by vote of the board of park com- 
missioners of said city, and by vote of the city council 
thereof, subject to the provisions of its charter, but not 
otherwise. Approved February 17, 1953. 

Chap. 67 An Act establishing the office of comptroller in the 

TOWN OF BROOKLINE. 

Be it enacted, etc., as follows: 

Section 1. There shall be in the town of Brookline a 
comptroller who shall be appointed by the selectmen and 
who shall have, in addition to the powers and duties con- 
ferred and imposed upon town accountants, the powers and 
duties prescribed in section two hereof. The person so ap- 
pointed shall be a citizen of the United States and shall have 
had not less than three years' full-time experience in municipal 
or governmental accounting. The comptroller shall devote 
his entire time to the performance of his duties and the 
supervision of the employees of the department. He shall 
be appointed in March for the term of three years from the 
first day of April following and until the quahfication of his 
successor. He may be removed by the selectmen for cause 
and the vacancy filled by appointment for the remainder of 
the unexpired term in the same manner as in the case of an 
original appointment. His salary or compensation shall be 
such as the selectmen may from time to time vote. Subject 
to appropriation and to the provisions of chapter thirty-one 
of the General Laws, he may appoint and employ such 
officers, agents, assistants and employees as may be necessary 



Acts, 1953. — Chap. 67. 47 

for the proper conduct of his office. Nothing herein con- 
tained shall be construed as affecting the civil service rights 
or status of employees in the office of the town accountant 
at the time of the acceptance of this act as provided in section 
five. The position or office of comptroller shall not be subject 
to the laws and rules pertaining to civil service. 

Section 2. The comptroller shall have, in addition to 
the powers and duties conferred and imposed upon town 
accountants, the following powers and duties : — 

(a) He shall prescribe the methods of installation and 
exercise supervision of all accounting records of the several 
officers, boards and commissions of the town; provided, 
however, that any change in the system of accounts shall 
first be discussed with the selectmen and the officers, boards 
and commissions affected, and shall meet the requirements 
of the state director of accounts. 

(6) He shall initiate the preparation and issuance of 
standard practices relating to all accounting matters and 
procedures and the co-ordination of systems throughout the 
town, including clerical and office methods, records, reports 
and procedures as they relate to accounting matters. 

(c) He shall be responsible for a continuous audit of all 
accounts and records of the town wherever located. 

(d) He shall draw all warrants upon the treasurer for the 
payment of bills, drafts and orders chargeable to the several 
appropriations. 

(e) Prior to submitting any warrant to the selectmen, 
he shall examine and approve as not being fraudulent, un- 
lawful or excessive, all bills, drafts and orders covered there- 
by; and in connection with any such examination he may 
make inspection as to the quality, quantity and condition of 
any materials, supphes or equipment delivered to or received 
by any officer, board or commission of the town, and may 
investigate as to the services or labor performed for or 
furnished to any such officer, board or commission, and so 
covered. If upon such examination it appears to the comp- 
troller that any such bill, draft or order is fraudulent, unlaw- 
ful or excessive he shall immediately report such fact to the 
selectmen. 

Section 3. If the office of comptroller is vacant because 
of disability or absence, and he is unable to perform his 
duties, the selectmen may in writing signed by them or by 
a majority of them, which shall be filed in the office of the 
town clerk, appoint a temporary comptroller to hold such 
office and exercise the powers and perform the duties thereof 
until another comptroller is duly appointed or the comptroller 
who was disabled or absent resumes his duties. 

Section 4. Upon the qualification of the comptroller 
first appointed hereunder, the town accountant shall cease 
to serve as such and the office of town accountant shall 
thereupon be abolished. 

Section 5. This act shall take full effect upon its ac- 
ceptance by the town of Brookline by a majority vote of 



48 Acts, 1953. — Chaps. 68, 69, 70. 

the town meeting members present and voting thereon at 
a hmited town meeting called for the purpose within two 
years of the passage of this act, but not otherwise. 

Approved February 18, 1953. 

Chap. 68 An Act providing for a five day work week for mem- 
bers OF THE POLICE FORCE OF THE TOWN OF WEBSTER. 

Be it enacted, etc., as follows: 

Notwithstanding any provision of general or special law 
to the contrary, there shall be printed upon the official ballot 
to be used by the town of Webster at its next annual town 
election the following question: — "Shall the town of 
Webster accept the provisions of section 16C of chapter 147 
of the General Laws, providing for a five day work week for 
members of the police forces in cities and towns?" If a 
majority of the votes in answer to said question is in the 
affirmative, said section 16C shall be effective in said town 
of Webster, but not otherwise. 

Approved February 18, 1953. 

Chap. 69 An Act extending the boundaries of the lynnfield 

WATER district. 

Be it enacted, etc., as follows: 

Section 1. Chapter 445 of the acts of 1924 is hereby 
amended by inserting after section 1 the following section : — 
Section lA. The southerly boundary of said Lynnfield 
Water District is hereby estabhshed as follows : — Beginning 
at the point of the boundary between Lynnfield and Saugus 
on the westerly side of Walnut street and running in a 
southeasterly direction along the Lynnfield and Saugus fine 
to the Lynn line; thence in a northeasterly direction along 
the Lynnfield and Lynn line to the point of the Lynn fine 
which is the present terminus of the easterly boundary of the 
Lynnfield Water District. The inhabitants of the area be- 
tween the southerly boundary estabhshed in section one 
and the boundary estabhshed by this section shall be exempt 
from the payment of water district taxes until such time as 
said area, or any portion thereof, is provided with a pubhc 
water supply. Taxes are only to be assessed on the in- 
habitants of any portion or portions of the area at such time 
as said portion or portions is provided with a pubHc water 
supply. 

Section 2. This act shall take effect upon its passage. 
Approved February 19, 1953. 

Chap. 70 An Act requiring the clerk of the county commis- 
sioners TO FURNISH the COUNTY TREASURER WITH A 
copy op the ESTIMATES OF COUNTY RECEIPTS AND EX- 
PENDITURES. 

Emergency Wkcrcas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to have the provisions con- 



Acts, 1953. — Chap. 71. 49 

tained therein effective forthwith, therefore it is hereby- 
declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 28 of chapter 35 of the General Laws is hereby g. l. (Xer. 
amended by striking out the next to the last sentence, as SI! 'amended. 
most recently amended by chapter 516 of the acts of 1952, 
and inserting in place thereof the following sentence : — 
The clerk of the county commissioners shall record the fore- Estimates of 
going in a book kept therefor, and, on or before January cg""g^and 
thirty-first, shall send a copy thereof, by him attested and expenditures, 
signed by the chairman, to the county treasurer and to the 
said director, who shall analyze and classify said estimates, 
and report the same to the general court not later than 
March first next following. Approved February 19, 1953. 

An Act establishing the Jonathan edwards church of (JJi^nj 71 

NORTHAMPTON AND AUTHORIZING THE TRANSFER TO IT OF 
PROPERTY OF THE FIRST CHURCH IN NORTHAMPTON, THE 
FIRST PARISH IN NORTHAMPTON, AND EDW^ARDS CHURCH 
OF NORTHAMPTON. 

Be it enacted, etc., as follows. • 

Section 1. The First Church in Northampton, a volun- 
tary religious association, affihated with The First Parish in 
Northampton, and sometimes known as The First Congrega- 
tional Church, or The First Church of Christ, or The First 
Parish Church, or by other variations of the name; The 
First Parish in Northampton, a corporation duly organized 
under general law, and sometimes known as The First Parish 
of Northampton or by other variations of the name; and 
Edwards Church of Northampton, a corporation duly or- 
ganized under general law, and sometimes known as The 
Edwards Church or by other variations of the name, upon 
acceptance of this act by a two thirds vote of the members 
present in person and voting at meetings duly called by 
each of said respective organizations for the purpose, and 
by the recording with the secretary of the commonwealth 
and in the registry of deeds for the county of Hampshire of 
certificates of said votes duly made and sworn to by the 
respective clerks of said meetings, shall hereafter be a cor- 
poration by the name of The Jonathan Edwards Church of 
Northampton. Said The Jonathan Edwards Church of 
Northampton shall have all the rights, privileges, powers and 
franchises that each and all of said respective organizations 
have heretofore acquired or enjoyed by statute, vote, gift, 
grant, usage, prescription or otherwise, and shall be subject 
to all the duties and liabilities to which each and all of said 
respective organizations have heretofore been subject. Said 
The Jonathan Edwards Church of Northampton shall have 
all the rights, powers and privileges and be subject to all the 
duties and liabihties, of religious corporations instituted 



50 Acts, 1953. — Chap. 71. 

under general law, and it shall be a continuance of and the 
lawful successor to each and all of said respective organiza- 
tions. Upon the acceptance of this act as aforesaid, all 
members of said The First Church in Northampton, of said 
The First Parish in Northampton, and of said Edwards 
Church of Northampton shall be members of said new cor- 
poration, The Jonathan Edwards Church of Northampton. 

Section 2. The corporation created by section one is 
hereby authorized to receive and hold, or disburse for 
rehgious, benevolent and charitable purposes, gifts, grants, 
bequests and devises of real and personal property to an 
amount, exclusive of all buildings and land pertaining 
thereto, occupied or used by it for said purposes, not exceed- 
ing the sum of five miUion dollars, with full power to sell 
and convey, in accordance with the terms of any trust upon 
which the same is held, any part or the whole of its said 
property, including said land and buildings, for purposes of 
investment and reinvestment, for the improvement, altera- 
tion or relocation of any of its said buildings, or for benevo- 
lences and charities, and upon any such sale the proceeds 
thereof shall be held upon the same trusts upon which the 
property thus sold was held ; and the purchaser shall not be 
responsible for the appUcation of the purchase money. 

Section 3. At any time after the acceptance of this act, 
as provided in section one, said The First Church in North- 
ampton, said The First Parish in Northampton, and said 
Edwards Church of Northampton, or any of them, may by 
a two thirds vote of their respective members present in 
person and voting at meetings duly called for the purpose 
authorize one or more persons in their name and on their 
behalf to execute, acknowledge and deliver proper deeds and 
other instruments conveying and transferring in fee simple 
to the corporation created by section one any and all of 
their property, real or personal, except such as may be held 
or owned by them for or in connection with specific and 
limited charitable uses and trusts. The minister of said 
The First Parish in Northampton and the deacons of said 
The First Church in Northampton are hereby authorized 
to convey and transfer in fee simple to the corporation 
created by section one any and all property, real or personal, 
held or owned by him or them in succession, except such 
as may be so held or owned in connection with specific and 
limited charitable uses and trusts, on the approval by a 
two thirds vote of the members present in person and voting 
at a meeting duly called for the purpose by said The First 
Parish in Northampton in the case of said minister, and by 
said The First Church in Northampton in the case of said 
deacons. Upon the acceptance of said conveyances by the 
corporation created by section one by a two thirds vote of 
its members present in person and voting at a meeting duly 
called for the purpose, there shall be recorded in the registry 
of deeds for the county of Hampshire said deeds and other 
instruments of transfer, together with certificates, duly made 



Acts, 1953. — Chap. 71. 51 

and sworn to by the clerks of said meetings, respectively, of 
said votes authorizing said conveyances and the acceptance 
thereof. 

Section 4. At any time after the acceptance of this 
act, as provided in section one, said The First Church in 
Northampton, said The First Parish in Northampton, and 
said Edwards Church of Northampton, or any of them, as, 
if and when authorized by a decree of a court of competent 
jurisdiction, may by a two thirds vote of their members 
present in person and voting at meetings duly called for the 
purpose, convey and transfer to the corporation created by 
section one property, real or personal, owned or held by 
them for or in connection with any and all specific and 
limited charitable uses and trusts. And hkewise, the minister 
of said The First Parish in Northampton and the deacons of 
said The First Church in Northampton, or either of them, as, 
if and when authorized by a decree of a court of competent 
jurisdiction, may, on approval by a two thirds vote of the 
members present in person and voting at a meeting duly 
called for the purpose by said The First Parish in Northamp- 
ton in the case of said minister and by said The First C5iurch 
in Northampton in the case of said deacons, convey and 
transfer to the corporation created by section one property, 
real or personal, owned or held by him or them in succession 
for or in connection with any and all specific and hmited 
charitable uses and trusts. 

Section 5. The property conveyed to or vested in the 
corporation created by section one, under the provisions of 
this act, shall not, after such conveyance and vesting, be 
apphed or apportioned with reference to the source or the 
religious body aforesaid from which it was derived, but shall 
be administered and apphed by the corporation created by 
section one for its general church and charitable purposes 
as a single consolidated property or fund. 

Section 6. In case of doubt as to the manner in which 
any property, held in trust or otherwise, conveyed to or 
vested in the corporation created bj'- section one, pursuant 
to the provisions of this act, or income thereof, should be 
held, administered or apphed by said corporation, the matter 
may be determined by the supreme judicial court upon the 
application of any person interested or of the attorney 
general; and until said court shall otherwise order, such 
property and the income thereof shall be held, administered 
and applied by the said corporation in accordance with the 
terms of the original trusts or as nearly in accordance there- 
with as is possible. Any person aggrieved by any provision 
of this act may, at any time within six months after the 
recording of such of the various deeds or other instruments 
of transfer, in this act provided for, as is alleged to be the 
cause of such injury, apply by petition to the supreme 
judicial court to have his damages determined by a jury 
therein, or by or under the direction of said court; and 
damages so awarded, with the costs of suit allowed by 



52 Acts, 1953. — Chaps. 72, 73. 

statute in civil cases, attending such award, shall be paid 
by the said corporation created by section one. 

Section 7. After the acceptance of this act as provided 
in section one, all gifts, grants, bequests and devises, made 
to or for the benefit of said The First Church in Northamp- 
ton, said The First Parish in Northampton, or said Edwards 
Church of Northampton, shall vest in the corporation created 
by section one. 

Section 8. This act shall take effect upon its passage. 
Approved February 19, 1953. 

Chap. 72 An Act relative to guaranty funds of co-operative 

BANKS. 

prTambiT^ ^^sreas, The deferred operation of this act would tend 

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

Be it enacted, etc., as follows: 

Chapter 149 of the acts of 1952 is hereby amended by 
striking out, in hne 2, the words "July first, nineteen hundred 
and fifty- three" and inserting in place thereof the words: — 
September first, nineteen hundred and fifty-four, — so as 
to read as follows : — If, during the period from January 
first, nineteen hundred and fifty-two to September first, 
nineteen hundred and fifty-four, at any distribution date 
the guaranty fund and surplus account together amount to 
at least eleven per cent of the share liabiUty of a co-operative 
bank, the transfer to the guaranty fund described in the 
second paragraph of section thirty-eight of chapter one 
hundred and seventy of the General Laws shall not be re- 
quired, provided an equivalent amount is transferred from 
the surplus account to the guaranty fund. 

Approved February 19, 1953. 

Chap. 73 An Act relative to the eastern commercial travelers 

ACCIDENT ASSOCIATION. 

Emergency Wkcrcas, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose, which is to make its provisions effective 

forthwith, therefore it is hereby declared to be an emergency 

law, necessary for the immediate preservation of the public 

convenience. 

Be it enacted, etc., as follows: 

Section 1. The Eastern Commercial Travelers Accident 
Association, a corporation duly estabhshed by law, may 
include within its membership, and extend its benefits to, 
persons engaged in any business or professional occupation, 
subject to the approval of the directors under its by-laws. 

Section 2. Any certificate of membership heretofore 
issued by the Eastern Commercial Travelers Accident As- 



Acts, 1953. — Chaps. 74, 75. 53 

sociation, purporting to be authorized by chapter one hundred 
and seventy-six of the General Laws, or by any special law, 
or any provision of its charter, articles of association and 
by-laws, shall be valid and binding upon it and its members, 
but the rights, duties and obhgation of the parties thereto 
shall be determined by the provisions of said chapter, special 
law, and of its charter, articles of association and by-laws. 
Approved February 19, 1953. 

An Act relative to the names of private ways open QJiqj) 74 
to public travel in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter 55 of the acts of 1951 is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following sentence : — On and after March 
first, nineteen hundred and fifty-five, no private way within 
the limits of the city of Boston which is open to pubhc 
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 pubHc notice stating the 
name proposed to be given. 

Section 2. This act shall take effect upon its passage. 
Approved February 19, 1953. 

An Act providing that notes issued for a term of not Chav. 75 

MORE than one YEAR IN ANTICIPATION OF A SERIAL LOAN 
MAY BE ISSUED BY COUNTY COMMISSIONERS WITHOUT AD- 
VERTISING PROPOSALS FOR THE PURCHASE THEREOF. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make its provisions effective pi'^ambie. 
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 38 of chapter 35 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by insert- amenled.^ ^^' 
ing after the word "thereof", in line 10, the words: — 
, notes issued for a term of not more than one year in an- 
ticipation of a serial loan, — so as to read as follows: — 
Section 38. Before issuing notes or securities increasing issuance of 
county indebtedness, the county commissioners shall invite bOTds^^thout 
proposals for the purchase thereof by advertisements in two ""fo^ogX^ 
or more newspapers published in said county, if any, and by authorfzed. 
advertisements in at least three daily newspapers published 
in Boston. They shall reserve the right to reject any and 
all bids. The bids shall be pubhcly opened and noted in 
their records. If no proposal is made or accepted they may 
award the whole or any part of the loan to any person. 
Notes authorized by section thirty-seven, notes or bonds 



54 Acts, 1953. — Chaps. 76, 77. 

issued to renew or refund indebtedness existing at the time 
of issue thereof, notes issued for a term of not more than 
one year in anticipation of a serial loan, notes or bonds in 
anticipation of reimbursement from cities, towns and others 
in connection with work temporarily financed by the county, 
including tuberculosis hospital maintenance notes under sec- 
tion eighty-five A of chapter one hundred and eleven, shall 
be excepted from the requirement of this section as to ad- 
vertising for bids and may be sold at pubhc or private sale. 
Approved February 19, 1953. 

Chap. 76 An Act further defining the term "private detective". 

Be it enacted, etc., as follows: 
G^L.(Ter. Sectiou 25A of Chapter 147 of the General Laws, in- 

§2'5A,ttc., serted by section 1 of chapter 437 of the acts of 1937, is 
amended. hereby amended by adding at the end the following sen- 
tence : — It shall also include any agency which furnishes 
guard or patrol protection for homes, stores, industrial 
plants and private or public institutions, — so as to read 
"Private^ as follows: — Section 25 A. For the purposes of this chap- 
tother^^ ' ter, the term "private detective " shall include, among others, 
defined. those persous known as inside shop operatives and also per- 

sons known as strikebreakers, — that is, persons who pose 
as shop employees, but who do not undertake direct employ- 
ment whether in shops or otherwise with the owner of a 
place of employment, but who are employed by some inde- 
pendent agency to operate or work in such place of employ- 
ment, or to render reports of efforts to unionize or organize 
employees in such place of employment to the owners of the 
place of employment under the direction of such independent 
agency. It shall also include any agency which furnishes 
guard or patrol protection for homes, stores, industrial plants 
and private or pubhc institutions. 

Approved February 19, 1953. 

Chap. 77 An Act relative to the membership of and further 
defining the corporate powers op the franklin 
foundation. 
Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 569 of the acts of 1908 
is hereby amended by striking out the second and third sen- 
tences and inserting in place thereof the following: — The 
members of said corporation shall be the mayor of the city 
of Boston for the time being, the ministers for the time being 
of the oldest EpiscopaHan, Congregational, and Presby- 
terian churches in Boston, and eight other persons of the 
class designated in said codicil. If at any time any vacancy 
occurs from any cause in the office of an appointive member, 
it shall be the duty of said corporation to apply by petition 
to said court to fill such vacancy; and in such case the ap- 
pointee or appointees of said court shall become members 
of said corporation. 



Acts, 1953. — Chap. 77. 55 

Section 2. Said chapter 569 is hereby further amended 
by striking out section 2 and inserting in place thereof the 
following two sections: — Section 2. The city of Boston 
shall use said corporation as its exclusive agent in adminis- 
tering Frankhn's gift; and said corporation shall, on behalf 
of said city, have the sole care, custody, management and 
control of the institution established from Franklin's gift 
and known originally as the Franklin Union and since the 
passage of chapter two hundred and twelve of the acts of 
nineteen hundred and forty-one as the Franklin Technical 
Institute, as an independent industrial school. Said corpora- 
tion shall appoint and fix the compensation of such instruc- 
tors, officers and subordinates as it may think necessary for 
the proper management and operation of said institution, 
and may remove the same; and may fix and, anything in 
section fifty-three of chapter forty-four of the General Laws 
to the contrary notwithstanding, may collect in its own 
name and for its own account tuition and other charges in 
connection with said institution and expend the same for 
the benefit thereof. Said corporation shall also expend any 
money or estate, and the income of any fund, heretofore or 
hereafter given to said city or said corporation for the bene- 
fit of said institution, such expenditures to be made by said 
corporation in conformity with the will, deed of gift, or other 
legally expressed purpose of the donor, so far as the same 
may legally be done. Said corporation shall also have con- 
trol and charge of the expenditure of all moneys appropriated 
by said city for said institution. In incurring liabiUties to 
be discharged from funds, other than trust funds, of said 
city, and in expending sums appropriated by said city, said 
corporation shall be subject to all applicable statutes and 
ordinances in hke manner as a board or officer of said city; 
but otherwise no statute or ordinance regulating the incur- 
ring of fiabilities, the inviting of bids, the making of con- 
tracts, the payment of pay rolls, bills or claims, or the ex- 
penditure of money by such a board or officer shall apply to 
said corporation. 

Anything in chapter two hundred and twelve of the acts 
of nineteen hundred and forty-one to the contrary notwith- 
standing, said corporation may, by a vote of two thirds of 
its members at a meeting duly called for the purpose, change 
the name of the aforesaid institution estabhshed from Frank- 
lin's gift; provided, that the word "Franklin" shall not be 
stricken from such name. Said corporation shall also have 
such of the following powers, namely, the power to grant the 
degree of associate in science, the power to grant the degree 
of bachelor of science, and the power to grant the degree of 
master of science, as said corporation, by a vote of two thirds 
of its members at a meeting duly called for the purpose, shall 
accept. No vote including in the name of the aforesaid in- 
stitution the term ''junior college", "college" or "uni- 
versity", nor any vote accepting one or more of the afore- 
said degree granting powers shall be effective until approved 



56 Acts, 1953. — Chap. 78. 

by the board of collegiate authority after like investigation, 
notice and hearing as in the case of articles of amendment 
referred to said board under section thirty of chapter sixty- 
nine of the General Laws. 

Section 2 A. Said corporation shall have power to hold 
the legal title to and invest and reinvest any real or personal 
estate at any time given, granted, bequeathed or devised to 
and accepted by it for the maintenance, extension or other- 
wise for the benefit of the aforesaid institution, and also any 
tuition or other income received by it from the operation of 
said institution. 

Section 3. The first sentence of section 4 of said chap- 
ter 569 is hereby amended by striking out, in hues 8 to 18, 
inclusive, the words " ; but the corporation hereby estab- 
lished shall have authority hereafter to hold the legal title 
to and apply any real or personal estate hereafter given, 
granted, bequeathed, or devised to and accepted by it for 
the maintenance, extension, or otherwise for the benefit of 
said Franklin Union, and shall have authority to invest and 
reinvest such real and personal estate in securities in which 
funds of savings banks of this commonwealth may by law 
be invested, and to sell such securities and invest and re- 
invest the proceeds of such sale or sales". 

Approved February 19, 1953. 

Chap. 78 An Act to establish the selectmen-town manager 

FORM OF government IN THE TOWN OF PROVINCETOWN. 

Be it enacted, etc., as follows. • 

Section 1. Election of Selectmen. — At the first annual 
town election following the acceptance of this act the regis- 
tered voters of the town of Provincetown shall elect two 
selectmen for terms of three years, two selectmen for terms 
of two years and one selectman for a term of one year. At 
each annual town election thereafter, the voters shall elect 
selectmen for three-year terms to replace those whose terms 
are about to expire. ^\Tien a vacancy occurs among the 
selectmen by reason of death, resignation, change of resi- 
dence from the town or other disabiUty, the remaining 
selectmen may at any time prior to the next annual town 
election appoint a qualified person to serve as selectman until 
such election, at which election the voters shall elect a 
selectman to serve for the unexpired portion, if any, of the 
original term. The selectmen shall serve until their respec- 
tive successors are qualified. Upon the qualification of 
selectmen first elected under this act, the terms of office of 
the board of selectmen then existing shall terminate. 

Section 2. Other Elective Officials. — At said first an- 
nual town election, and annually thereafter, the registered 
voters shall continue to elect a moderator and a school com- 
mittee, in accordance with any applicable provisions of law, 
and the term of oflBce of any person then in such office whose 
term has not expired shall continue without interruption. 



Acts, 1953. — Chap. 78. 57 

Every other elective office, board, committee or commission 
existing at the time of said election shall be terminated as 
hereinafter provided, any other provision of law to the 
contrary notwithstanding. The powers, duties and re- 
sponsibilities of elected officials shall be as now or hereafter 
provided by applicable statutes and by-laws and votes of 
the town except as herein otherwise provided. 

Section 3. Appointed Officials. — (a) The selectmen shall 
appoint and may remove a town manager as hereinafter 
provided. 

(b) The selectmen shall appoint and may, after such 
notification and hearing as they may deem advisable, re- 
move a board of appeals, election officers, registrars of voters 
other than the town clerk, a historical monuments and 
markers committee, a veterans' graves committee, a shellfish 
committee, a director of civilian defense, a matron of the 
lockup and a matron of the town house, and such other 
officers, boards and committees as they shall hereafter be 
directed to appoint by by-law or vote of the town. 

(c) The selectmen, or the moderator if so directed by 
by-law or vote of the town, shall appoint a finance com- 
mittee in accordance with any applicable provisions of 
law or by-law. 

(d) The moderator shall appoint such officers, boards and 
committees as he shall hereafter be directed to appoint by 
by-law or vote of the town. 

(e) The town manager shall appoint, upon merit and 
fitness alone, and may remove for cause: — 

(1) A town accountant, subject to the approval of the 
selectmen. 

(2) A board of pubHc welfare, a board of health, a plan- 
ning board, trustees of trust funds, cemetery commissioners, 
a board of library trustees, a board of assessors, a town clerk, 
a town collector, a town treasurer who may also act as town 
collector, and all other officers, boards, committees and 
employees of the town, wath the following exceptions : — 

(i) Elected officials specified in sections one and two; 

(ii) Officials, boards and committees appointed by the 
school committee, the selectmen, or the moderator as herein- 
before provided; 

(iii) Employees of (i) and (ii). 

Section 4. Membership, Terms, Powers, Duties, Re- 
sponsibilities, Termination. — The membership of boards 
and committees appointed as provided in section three, the 
length of the term of each member thereof and of officers so 
appointed, and the powers, duties and responsibihties of 
the same shall be as now or hereafter provided by applicable 
statutes and by-laws and votes of the town, except as herein 
otherwise provided. Upon appointment and quahfication 
of the various officials under the provisions of section three, 
the term of office and all powers and duties of each person 
theretofore holding each such office, whether elective or 
appointive, shall cease and be terminated. 



58 Acts, 1953. — Chap. 78. 

Section 5. Multiple Offices. — Neither the moderator 
nor any member of the board of selectmen, the school com- 
mittee, or the fmance committee may, during the term for 
which he was elected or appointed, be elected or appointed 
to any other town office or position, except as othermse 
provided herein. Any person appointed by the town man- 
ager to any town office under the provisions of this act or 
of any other statute of the commonwealth shall be eligible 
during the term of said office to appointment to any other 
town office, except that the town accountant shall not be 
ehgible to hold the position of town treasurer or of town 
collector. Subject to the approval of the selectmen, the 
town manager may assume the powers, duties and responsi- 
bihties of any officer, board or committee which he is au- 
thorized to appoint, such assumption to be evidenced by and 
effective upon the fifing wdth the town clerk of a written 
declaration of such assumption signed by the town manager; 
and thereupon each officer, board or committee whose 
powers, duties and responsibilities are so assumed by the 
town manager shall be discharged and shall have no further 
powers, duties or responsibilities as such. 

Section 6. Investigations and Surveys. — The select- 
men may, by majority vote, undertake an investigation of 
the affairs of any committee, board or official appointed by 
them or by the town manager, and in so doing they shall 
have access to all records and other documents which they 
may deem necessary. For the purpose of making investi- 
gations or surveys, the selectmen, or the to^\Ti manager, shall 
have access to all records and other documents which they 
may deem necessary, and may expend such sums for the 
employment of experts, counsel, and other assistants, and 
for other expenses in connection there^\'ith, as the town may 
appropriate for such purpose. 

Section 7. 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 and training 
and by previous full-time paid experience as manager or 
assistant manager of a municipafity to perform the duties of 
his office. The town manager shall be appointed wthout 
regard to his political beliefs and, during his term of office, 
shall engage in no other paid employment. He need not be 
a resident of the town or of this commonwealth when ap- 
pointed and shall not, during the twelve months prior to his 
appointment, have held any elective office in the town of 
Provincetown, but shall be a resident of the tOT^m 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 town clerk or by a justice of the peace. He 
shall execute a bond in favor of the town for the faithful 
performance of his duties in such sum and with such surety 
or sureties as may be fixed or approved by the selectmen. 



Acts, 1953. — Chap. 78. 59 

Section 8. Appointment of a Temporary Manager. — In 
the event of the temporary absence or disabihty of the town 
manager, he may designate, subject to the approval of the 
selectmen, a qualified officer of the town to perform the 
duties of the manager during such absence or disabifity. 
If the town manager fails to make such appointment or the 
person so appointed fails to serve, the selectmen may appoint 
a suitable person, who may be a selectman, to perform such 
duties. Pending the appointment of a town manager or the 
filHng of any vacancy, or in the event of the suspension of 
the town manager as hereinafter provided, the selectmen 
shall, within seven days, appoint a temporary manager to 
perform such duties. 

Section 9. Removal of Manager. — The selectmen, by 
an affirmative vote of at least three members of the board, 
may remove the toT\Ti manager on written notice delivered 
to him forthwith to become effective in thirty days from the 
date of said notice, copy of which shall be filed with the 
town clerk, setting forth in detail the specific reasons for 
his removal. 

The manager, in writing within said thirty days, may 
request a pubHc 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 pubhc hearing, if any, and 
after full consideration, the selectmen, by an affirmative 
vote of at least three members, may adopt a final resolution 
of removal which shall become effective forthwith. If such 
final resolution is not adopted by the selectmen, any sus- 
pension hereunder shall be terminated and the town man- 
ager shall continue in office as though no action for his re- 
moval had taken place. 

The selectmen maj'-, at any time after a notice of removal 
has been delivered, 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 one month following the notice 
of his removal. 

Section 10. Compensation of Manager. — The town 
manager shall receive such compensation for his services, not 
exceeding the amount appropriated therefor, as the select- 
men shall determine. 

Section 11. Powers and Duties of Manager. — In ad- 
dition to any other powers and duties expressly provided for 
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 and 
shall be responsible for the efficient administration of all 
offices, boards, committees and commissions appointed by 
him and their respective departments. With the approval 
of the selectmen, he may also supervise and direct such 
other activities and undertakings of the town, not subject 
to his control, as may be delegated to him from time to time, 



60 Acts, 1953. — Chap. 78. 

by the office, board or committee having control thereof. 

(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 
direction and supervision, in whole or in part, may estabhsh 
such new departments, commissions, boards and offices as 
he deems necessary and make appointments to such boards, 
subject to the approval of the board of selectmen. He may 
in connection with such transfer of such powers or duties 
transfer the duties and powers of one department, commis- 
sion, board or office to another and may, with the approval 
and consent of the finance committee, transfer the appropria- 
tion of such one department, commission, board or office to 
another. 

(c) Subject to any applicable provisions of chapter thirty- 
one and of section one hundred and eight A of chapter 
forty-one of the General Laws, the town manager shall fix 
the compensation of all town officers and employees ap- 
pointed by him. 

(d) 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 activities 
under his supervision. 

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

(/) With the exception of property under the jurisdiction 
of the school committee, the town manager shall have full 
and exclusive jurisdiction over the rental and use of all town 
property and shall be responsible for the proper maintenance 
and repair thereof; and, upon vote by the school committee, 
he shall be responsible for the maintenance and repair of 
property under its jurisdiction, but only to such extent and 
for such period as the school committee shall from time to 
time specify. He shall be responsible for the preparation of 
plans and the supervision of work on grounds and existing 
and newly constructed buildings, unless the town otherwise 
provides. 

(g) The town manager shall purchase all supphes, ma- 
terials and equipment and shall award all purchase contracts 
for all departments of the town, but he shall make purchases 
for departments not under his supervision only upon requisi- 
tion duly authorized by the head of such department. 

(h) 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 the town and of by-laws and votes of the town, 
within the scope of his duties, and all rules and regulations 
made by the selectmen under authority of law affecting the 
departments and activities under his supervision. 



Acts, 1953. — Chap. 78. 61 

(i) The town manager, subject to the approval of the 
selectmen, shall have authority to prosecute, defend and 
compromise all Utigation, except that which pertains to 
tax assessments and abatements, to which the town is a 
party and to employ counsel whenever in his judgment it 
may be necessary. 

(j) 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. 

(k) The town manager shall have access to all town books 
and papers for information necessary for the proper per- 
formance 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 thereof to be examined. 

Section 12. Powers and Duties of Boards and Officers 
Appointed by Manager. — Officers, boards, commissions and 
committees appointed by the town manager shall possess 
all the powers and rights and shall be subject to all the 
duties and liabilities specifically conferred or imposed by 
any appficable provision of law upon them or upon officers, 
boards, commissions or committees having corresponding 
powers and duties, but, in the performance thereof, they 
shall be subject to the general supervision and direction of 
the town manager. They shall be sworn to the faithful 
performance of their duties by the chairman of the select- 
men or by a justice of the peace. 

Section 13. Approval of Warrants. — The town manager 
shall be the chief fiscal officer of the town. Warrants for the 
payment of town funds prepared by the town accountant in 
accordance with provisions of section fifty-six of chapter 
forty-one of the General Laws shall be submitted to the 
town manager for his approval in fieu of the approval of the 
board of selectmen, but the selectmen shall approve all 
warrants in the event of the absence or disabifity of the 
town manager or a vacancy in the office of town manager. 

Section 14. Investigation of Claims. — Whenever any 
pay roll, bill or other claim against the town is presented to 
the town manager, he shall, if the same seems to him to be 
of doubtful vafidity, excessive in amount, or otherwise 
contrary to the interests of the town, refer it to the select- 
men, who shall immediately investigate the facts and de- 
termine what, if any, payment should be made. Pending 
such investigation and determination by the selectmen, 
payment shall be withheld. 

Section 15. Certain Offlcers 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 that such contract exists or is proposed, shall notify 



62 Acts, 1953. — Chap. 78. 

the selectmen in writing of the contract and of the nature of 
his interest therein and shall abstain from doing any official 
act on behalf of the town in reference thereto. In case such 
interest exists on the part of an officer whose duty it is to 
make such a contract on behalf of the towTi, 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 who wilfully or knowingly violates any provision 
of this section shall be punished by a fine of not more than 
one thousand dollars, or by imprisonment for not more than 
one year, or by both such fine and imprisonment. 

Section 16. Estimates of Expenditures; Annual Budget. 
— 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 efficient and proper conduct of their respec- 
tive departments and offices during the ensuing fiscal year. 
On or before the twentieth day of December of each year, the 
town manager shall submit to each member of the finance 
committee and the board of selectmen 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 indebted- 
ness of the town, and shomng specifically the amount neces- 
sary to be provided for each office, department and activity, 
together with a statement of the expenditures for the same 
purposes in the two preceding years and an estimate of the 
expenditures for the current year. He shall also submit a 
statement showing all revenues received by the town in the 
two preceding years, together with an estimate of the amount 
of income from all sources of revenue exclusive of taxes upon 
property in the current year and the ensuing year. He shall 
also report to said committee and to the selectmen the 
probable amount required to be levied and raised by taxation 
to defray all of the proposed expenditures and HabiUties of 
the towTi, together with an estimate of the tax rate necessary 
to raise such amount. 

Section 17. Effect on Existing Contracts, By-Laws and 
Applicable Statutes. — No contract existing and no action 
at law or suit in equity or other proceedings 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. 
Nothing in this act shall be construed to affect in any manner, 
any by-law of the town in effect at the time of such accept- 
ance or which may thereafter be adopted, or the power of 
the town to amend, alter or adopt any by-law, or the opera- 
tion or applicability to the town of Provincetown of any 
general or special law now or hereafter in effect, except so 
far as may be expressly provided for herein. 

Section 18. Any holder of an elective office may be 



Acts, 1953. — Chap. 78. 63 

recalled therefrom by the registered voters of the town as 
herein provided. 

Section 19. Any ten 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 the petition 
blanks demanding such recall, printed forms of which he 
shall keep available. The blanks shall be issued by the town 
clerk with his signature and official seal attached thereto. 
They shall be dated, shall be addressed to the selectmen, and 
shall contain the names of the ten persons to whom they are 
issued, the name of the person whose recall is sought, the 
grounds of recall as stated in the affidavit, and shall demand 
the election of a successor to the said office. A copy of the 
petition shall be entered in a record book to be kept in the 
office of the town clerk. The recall petition shall be returned 
and filed with the town clerk within twenty days after the 
fihng 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 20. 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, 
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 peti- 
tion 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 21. 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 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 with the provisions of the General Laws ap- 
plicable thereto. 

Section 22. 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). 



64 Acts, 1953. — Chap. 78. 

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 direc- 
tions to voters required by section forty-two of chapter fifty- 
four of the General Laws, and beneath this the names of 
candidates nominated as hereinbefore provided. 

Section 23. If a majority of the votes cast on the ques- 
tion 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. 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 applicable thereto. 

Section 24. 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 25. 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 
wliich his recall was submitted to the voters of the town. 

Section 26. No person who has been recalled from an 
office or who has resigned from office while recall proceedings 
were pending against him, shall be appointed or elected to 
any town office within two years after such recall or such 
resignation. 

Section 27. Submission of Act. — This act shall be 
submitted for acceptance to the qualified voters of the town 
of Provincetown at a special town election to be called for 
that purpose by the selectmen within sixty days after the 
passage of this act. The vote shall be taken by ballot in 
accordance with the provisions of the General Laws, so far 
as the same shall be applicable, in answer to the question, 
which shall be placed upon the official ballot to be used at 
said election: — "Shall an act passed by the General Court 
in the year nineteen hundred and fifty-three, entitled 'An 
act to establish the selectmen-town manager form of govern- 
ment in the town of Provincetown', be accepted by this 
town?" If a majority of the voters voting on this question 
shall vote in the affirmative, said act shall take effect immedi- 
ately for the purposes of the next following annual town 
election, and for all things pertaining thereto, and shall take 
full effect upon the qualification of the selectmen first elected 
as provided in section one. If this act is rejected by the 



Acts, 1953. —Chap. 78. 65 

qualified voters of the town when first submitted under this 
section, it shall be further submitted to the said voters at the 
next following annual town election, and if accepted by a 
majority of the voters voting thereon it shall take effect as 
hereinbefore provided. If a majority of the voters voting 
on this question when so further submitted shall vote in the 
negative, this act shall thereupon become void. 

Section 28. Duties of Certain Town Officials Relative to 
Election. — It shall be the duty of the selectmen and town 
clerk in office and any other town oflncial upon whom by 
reason of his oflflce 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 to 
be elected under this act. 

Section 29. Revocation of Acceptance. — At any time 
after the expiration of three years from the date of accept- 
ance of this act, and not less than sixty days before the date 
of an annual town election, a petition signed by not less 
than ten per cent of the registered voters of the town may 
be filed with the selectmen, requesting that the question of 
revoking the acceptance of this act be submitted to the 
voters. 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 
Provincetown of an act passed by the General Court in the 
year nineteen hundred and fifty-three, entitled 'An act to 
establish the selectmen-town manager form of government 
in the town of Provincetown' be revoked?" If such revo- 
cation is favored by a majority of the voters voting thereon, 
the acceptance of this act shall be revoked and this act shall 
become null and void. The annual town meeting next fol- 
lowing the vote of revocation 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 suc- 
cessors have been duly qualified. At the first annual town 
election following such vote of revocation the registered 
voters of the to^vn 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 oflEice 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 the revocation of this act. The said revoca- 
tion shall not affect any contract then existing or any action 



Acts, 1953. — Chaps. 79, 80. 

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 immediately upon such vote, but who 
shall receive three months' compensation from such date 
following such revocation. All general laws respecting town 
administration and town officers, and any special laws rela- 
tive to the said town, the operation of which has been sus- 
pended or superseded by acceptance of this act, shall be 
revived by such revocation and shall continue to be in full 
force and effect. By-laws in force when such revocation 
takes effect, so far as they are consistent with general laws 
respecting town administration and town officers and with 
special laws relating to said town, shall not be affected 
thereby, but any other by-laws inconsistent -^ith such 
general or special laws shall be annulled. If such revocation 
is not favored by a majority of the voters voting thereon, no 
further petition therefor shall be ffied under this section 
oftener than once in every three years thereafter. 

Approved February 19, 1953. 



Chap. 79 -^N ^CT RELATIVE TO PUBLIC HEARINGS ON THE ANNUAL 

BUDGET IN CITIES. 

Be it enacted, etc., as follows: 

Section 32 of chapter 44 of the General Laws is hereby 
amended by adding at the end the following paragraph : — 

The city council may, and upon written request of at least 
ten registered voters shall, give notice of a pubUc hearing to 
be held on the annual budget, prior to final action thereon, 
but not less than seven days after publication of such notice, 
in a newspaper having general circulation in the city. At 
the time and place so advertised, or at any time or place to 
which such pubhc hearing may from time to time be ad- 
journed, the city council shall hold a pubhc hearing on the 
annual budget as submitted by the mayor, at which all inter- 
ested persons shall be given an opportunity to be heard for 
or against the proposed expenditures or any item thereof. 
Approved February 19, 1953. 



G. L. (Ter. 
Ed.), 44, § 32. 
amended. 

Public hear- 
ings on an- 
nual budgets 
in cities, 
required. 



Chap. 80 An Act relative to the use of ways in the city op 

BOSTON FOR PLAYGROUND PURPOSES. 

Be it enacted, etc., as follows: 

Chapter 45 of the General Laws is hereby amended by 
striking out section 17A, inserted by chapter 220 of the acts 
of 1938, and inserting in place thereof the following section : — 
Section 17 A. For the purpose of promoting recreation, play 
or sport, the city of Boston, by an order adopted by its 
board of recreation and approved by its traffic commission, 
any other city by ordinance and any town by by-law may 
provide for the closing to vehicular traffic, during periods of 



G. L. (Ter. 
Ed.), 45, 
§ 17A, etc., 
amended. 

Use of certain 
ways in 
Boston for 
playground 
purposes, 
regulated. 



Acts, 1953. — Chaps. 81, 82. 67 

time specified in such order, ordinance or by-law, of any 
public way or part thereof within the limits of such city or 
town, except a state highway or a parkway or boulevard, 
having due regard in every instance to the rights of abutting 
owners and the general public in the use of such way or part 
thereof. Approved February 19, 1953. 



An Act authorizing the delegation of traffic powers CJiav 81 

OF CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law, the mayor and aldermen and the city 
council of the city of Springfield may delegate to commis- 
sions or commissioners, boards or heads of departments, the 
power respectively vested in them by the laws of the common- 
wealth relating to the regulation and speed of carriages and 
vehicles, the erection and maintenance of signs, lights, and 
markings, and the signal systems or traffic devices on par- 
ticular ways in said city. 

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

Approved February 19, 1953. 



An Act providing for the creation of a development 

AND industrial COMMISSION FOR THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law to the contrary, the city of Salem may 
appropriate annually for a period of three years commenc- 
ing in the current year, a sum not exceeding twelve thousand 
dollars in any one year, for the purpose of creating a de- 
velopment 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. Members of the commission or its author- 
ized agents may travel within or without the commonwealth 
for the purpose of carrying out the provisions of this act. 
Appointments to this commission shall be made by the 
mayor, subject to confirmation by the city council. Money 
expended hereunder shall be under the direction of the mayor 
in accordance with the city charter. 

Section 2. The commission shall consist of five mem- 
bers. Two of the members shall be representatives of labor, 



Chap. 82 



68 Acts, 1953. — Chaps. 83, 84, 85. 

two of the members shall be representatives of business and 
one member shall be a member of the city council. 

Section 3. 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 February 19, 1953. 

Chap. 83 -^N Act further regulating investments of municipal 

TRUST funds in SAVINGS AND LOAN ASSOCIATIONS. 

Be it enacted, etc., as follows: 

Ed^ 4p§ 54 Section 54 of chapter 44 of the General Laws, as most re- 
etc!, 'amended', ceutly amended by chapter 243 of the acts of 1949, is hereby 
further amended by striking out, in hne 12, the word "five" 
and inserting in place thereof the word: — ten, — so as to 
Investments Tcad as follows : — Section 54- Trust funds, including ceme- 
truTt'hind's!' tery perpetual care funds, unless otherwise provided or 
regulated. directed by the donor thereof, shall be placed at interest in 
savings banks, trust companies incorporated under the 
laws of the commonwealth, banking companies incorporated 
under the laws of the commonwealth which are members of 
the Federal Deposit Insurance Corporation, or national 
banks, or invested by cities and towns in paid-up shares of 
co-operative banks, or in shares of savings and loan associa- 
tions or in shares of federal savings and loan associations 
doing business in the commonwealth to an amount not ex- 
ceeding ten thousand dollars, or in bonds or notes which are 
legal investments for savings banks. This section shall not 
apply to Boston. Approved February 19, 1953. 

Chap. 84 An Act providing for the issuance of a proclamation 

CALLING FOR THE PROPER OBSERVANCE OF MEMORIAL 
DAY. 

Be it enacted, etc., as follows: 

Ed.^' e^new Chapter 6 of the General Laws is hereby amended by in- 

§ 12Q, 'added, serting after section 12P, inserted by chapter 104 of the 
Observance of acts of 1952, the followiug section: — Section 12Q. The 
^emona governor shall annuallj^ issue a proclamation calling for the 

proper observance of May thirtieth as Memorial Day. 

Approved February 19, 1953. 

Chap. 85 An Act relative to the bonds and mortgages of gas 

OR electric COMPANIES. 

Be it enacted, etc., as follows: 

Edti6r§i3 Chapter 164 of the General Laws is hereby amended by 
etc!, 'amended. ' Striking out sectlou 13, as most recently amended by chapter 
237 of the acts of 1950, and inserting in place thereof the 
certato bonds foUowiug scctiou : — Scction IS. A corporation subject to 
andmort- this chapter may, by vote of a majority in interest of its 
or llectrir^ stockholdcrs at a meeting called therefor, and subject to the 
re^^ted^' limitations and restrictions of the following section, issue 



Acts, 1953. — Chaps. 86, 87. 69 

bonds, at not less than par, to an amount equal to its sur- 
plus plus an amount not exceeding its capital stock actually 
paid in at the time of such issue and applied to the purposes 
of the corporation, increased by all cash premiums paid to 
the corporation thereon and likewise so applied, and bearing 
interest at such rate as the department shall approve, and, if 
issued under a mortgage existing on June second, nineteen 
hundred and twenty, by the provisions of which the rate of 
interest on bonds issued thereunder is fixed, at a price and 
with provisions for amortization of any discount approved 
by the department as consistent with the public interest; 
provided, that the terms of the mortgage so permit; and 
may secure the payment of the principal and interest of said 
bonds by a mortgage of its franchise and property. All per- 
sons who acquire any mains, conduits, poles, wires, fixtures 
or other apparatus in, over, under or across public ways by 
virtue of such mortgage shall have the same rights and be 
subject to the same obligations relative to their erection, 
care, maintenance and operation as the corporation would 
have had, or would have been subject to, if the mortgage 
had not been made. Approved February 19, 1953. 

An Act regulating cartons used for the sale of cer- Qfifjp^ gQ 

TAIN COMMODITIES. 

Be it enacted, etc., as follows: 

Section 22 of chapter 98 of the General Laws, as most re- g. l. (Xer. 
cently amended by chapter 59 of the acts of 1941, is hereby J^te!? 'amended. 
further amended by inserting after the word "gallons", in 
line 6, the words : — , three and one half gallons, — so as to 
read as follows : — Section 22. Paper or fibre cartons which cartons used 
are used for the sale by measure of viscous or semi-solid com- oTdrtaln^ 
modities or mixtures of solids and liquids shall contain and ^egXt^d ''^^' 
shall be sold as containing one gill, one half pint, one pint, 
one quart, two quarts, one gallon, two and one half gallons, 
three and one half gallons, and multiples of the gallon, Massa- 
chusetts standard liquid measure. Such cartons shall be of 
such shape and dimensions as may be approved by the direc- 
tor. Whenever the shape and dimensions of any such carton 
have been so approved, the director may authorize the manu- 
facturer to have printed thereon a statement of its capacity 
in terms of Massachusetts standard Hquid measure and with 
such other words and marking as the director may require. 
Such cartons shall be legal measure only for such commodi- 
ties as may be designated by the director and shall be ex- 
empt from the laws requiring the sealing of measures. 

Approved February 19, 1953. 

An Act defining "net profits" of co-operative banks QJiqj) §7 

AND providing FOR THE DISTRIBUTION THEREOF. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make the provisions con- p'«'*'«^'«- 



70 



Acts, 1953. — Chap. 87. 



G. L. (Ter. 
Ed.), 170, § 1, 
etc., amended. 



'Net Profits' 
defined. 



G. L. (Ter. 
Ed.), 170, § 37, 
etc., amended. 



Distribution 
of net profits 
of co-operative 
banks, pro- 
vided. 



tained therein effective immediately, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 170 of the General 
Laws, as most recently amended by sections 1 and lA of 
chapter 168 of the acts of 1952, is hereby further amended 
by adding at the end the following paragraph : — 

"Net Profits", the profits appearing before payment or 
provision for payment of federal taxes based on income, and 
before m.aking the transfers and distributions provided by 
sections thirty-seven and thirty-eight. 

Section 2. Said chapter 170 is hereby further amended 
by striking out section 37, as appearing in section 1 of chap- 
ter 371 of the acts of 1950, and inserting in place thereof the 
following section : — Section 37. The board of directors, at 
each distribution date which shall be quarterly, semi- 
annually or annually on a bank day, shall distribute the net 
profits in the following manner : — 

(a) There shall first be transferred to the guaranty fund 
the amount required under section thirty-eight. 

(6) After such transfer to the guaranty fund, dividends 
and interest shall be distributed to the various classes of 
shares and accounts referred to in section tliirteen, then exist- 
ing, at such dividend and interest rates respectively applicable 
to each class as shall be determined by the directors. No 
such rate shall exceed the rate applicable to serial shares, nor 
shall any such rate exceed five per cent per annum unless at 
that time the aggregate amount of the guaranty fund and 
surplus exceeds ten per cent of the assets of the corporation. 
Such distributions to each class of shares shall be made on 
the basis of their value at that time and shall be computed 
on the basis of a single share fully paid to the date of dis- 
tribution. Distributions to paid-up shares, as to each holder 
thereof, shall be credited or reserved for credit to a savings 
share account or a dividend savings account in his name, or 
shall be paid to him if he or the corporation so elects. Para- 
graph (c) of subsection three of section thirteen shall apply 
to distributions to savings share accounts and to dividend 
savings accounts. Distributions to club accounts shall be in 
accordance with the terms thereof. Any distributions which 
are to be credited to savings share accounts, dividend savings 
accounts and club accounts may, at the option of the direc- 
tors, be reserved for credit at a later date which shall be 
within three months as to savings share accounts and divi- 
dend savings accounts, and within one year as to club ac- 
counts. Nothing contained in this section shall be construed 
as preventing any such corporation from making, within its 
taxable year as determined for federal income tax purposes, 
at least four distributions if on a quarterly basis, or at least 
two distributions if on a semi-annual basis, or at least one 
distribution if on an annual basis. 



Acts, 1953. — Chap. 88. 71 

(c) After such distribution or provision therefor, any bal- 
ance of net profits then remaining shall be transferred to 
one or more of the follo^ving accounts : — to the surplus ac- 
count referred to in section thirty-nine, to the guaranty 
fund, to a reserve for bad debts, to other reserve accounts, 
to a profit and loss account, or to an undistributed earnings 
account; subject, however, to such appropriate adjustments 
of amounts so transferred during the taxable year of such 
corporation as may be made for federal income tax purposes 
prior to or as of the end of such taxable year. No supple- 
mentary or extra distribution of dividends or interest shall 
be made from any amounts so transferred unless, at the time 
of such distribution, the combined guaranty fund, surplus 
account, reserve for bad debts and unallocated reserves, in 
the judgment of the board of directors, shall equal at least 
eleven per cent of the share hability of such corporation. 
Approved February 25, 1953. 

An Act authorizing the county commissioners of the fhrj^) 88 

COUNTY OF DUKES COUNTY TO APPROPRIATE AND EXPEND 
A SUM OF MONEY FOR THE CONSTRUCTION OF AN ADDITION 
TO THE COUNTY COURT HOUSE, AND TO MAKE CERTAIN 
REPAIRS AND ALTERATIONS TO SAID COUNTY COURT BUILD- 
ING. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Dukes county are hereby authorized to raise and expend a 
sum not exceeding one hundred and fifty thousand dollars 
for the erection on land now owned by said county of an 
addition to said county court building, including repairs and 
alterations, located in said county, and the equipping and 
furnishing thereof. 

Section 2. Said county commissioners are hereby author- 
ized to sell bonds in the amount of ten thousand dollars, plus 
any accumulated interest, now held in the post-war rehabili- 
tation fund estabhshed under the provisions of chapter five 
of the acts of nineteen hundred and forty-three. The pro- 
ceeds of such sale shall be included in and considered a part 
of the total amount of the expenditures authorized under 
section one of this act, and shall be used for the purposes set 
forth in said section one. 

Section 3. To provide funds for the erection and fur- 
nishing of the addition mentioned in section one of this act, 
including repairs and alterations, the treasurer of Dukes 
county, with the approval of said county commissioners, may 
borrow from time to time upon the credit of the county such 
sums, not exceeding in the aggregate, one hundred and forty 
thousand dollars, as may be necessary, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Dukes County Court House Addition, Act of 1953. Each 
authorized issue shall constitute a separate loan. Such 
bonds or notes shall be payable in such annual instalments, 



72 Acts, 1953. — Chaps. 89, 90. 

beginning not more than one year from the date thereof, as 
will extinguish each loan in not more than thirty years from 
their dates, and so that the amount of such annual payment 
in any year shall not be less than the amount of the principal 
of the loan payable in any subsequent year. Such bonds or 
notes shall be signed by the treasurer of the county and 
countersigned by a majority of said county commissioners. 
The county may sell said securities at public or private sale 
upon such terms and conditions as said county commission- 
ers may deem proper, but not for less than their par value. 

Section 4. Said county treasurer, with the approval of 
said county commissioners, may issue temporary notes of 
the county, payable in not more than one year from their 
dates, in anticipation of the issue of serial bonds or notes 
under this act, and may renew the same; 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 antici- 
pation of the serial bonds or notes shall be paid from the 
proceeds thereof. 

Section 5. Nothing in this act shall be construed as 
abrogating the provisions of sections forty-four A to forty- 
four D, inclusive, of chapter one hundred and forty-nine of 
the General Laws. 

Section 6. Section thirty-eight of chapter thirty-five of 
the General Laws, so far as applicable, shall apply to pro- 
posals for the purchase of bonds or notes authorized to be 
issued under this act. 

Section 7. This act shall take effect upon its passage. 
Approved February 25, 1953. 

Chav 89 ^'^ ■^^'^ increasing certain bail fees. 

Be it enacted, etc., as follows: 

%d)' ^2\ 24 Section 24 of chapter 262 of the General Laws, as appear- 
amended.' ' iug iu the Tercentenary Edition, is hereby amended by 
striking out, in line 3, the word "two" and inserting in place 
thereof the word: — three, — so as to read as follows: — 
Section 21^. The maximum fee to be charged by any person 
authorized to take bail in the case of a person arrested for 
any misdemeanor shall be three dollars. 

Approved February 25, 195S. 

Chap. 90 An Act relative to the giving of public notice by the 
licensing board for the city of boston in connection 

WITH certain licenses FOR THE SALE OF ALCOHOLIC 
BEVERAGES. 

Be it enacted, etc., as follows: 

In addition to the notice which the licensing board for 
the city of Boston is required by law to give to the public 
concerning new, renewal, change and transfer of hcense appli- 
cations under sections twelve, fifteen, or thirty A of chapter 
one hundred and thirty-eight of the General Laws, it shall 



Maximum 
bail fees. 



Acts, 1953. — Chaps. 91, 92, 93. 73 

also give notice of such applications to the state representa- 
tives of each representative district affected by the applica- 
tion, and also to such persons, groups and organizations as 
have formally requested in writing that such notice be given 
them for hcense apphcations in a designated representative 
district. Approved February 25, 1953. 

An Act to control and curtail the spread of water Qj^nnj qi 
CHESTNUT (Trapa natans). ' ^' 

Be it enacted, etc., as follows. • 

Chapter 128 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 20 the following section: — Section- ^^^-^^20}^, 
20 A.- No person shall knowingly plant, transport, trans- a^ded. 

Protect 
against water 



plant or traffic in plants of water chestnut {Trapa natans) Snst'^" 
or in seeds or nuts thereof nor in any manner cause the chestnut 



spread or growth of such plants. 



{Trapa natans). 



Approved February 25, 1953. 



An Act authorizing cities and towns having parking fhnrt 09 

METERS TO APPLY THE RECEIPTS FROM SAID METERS TO P- ^ 

THE PAYMENT OF ANY DEBT INCURRED FOR THE ACQUISI- 
TION OF OFF-STREET PARKING AREAS AND FACILITIES. 

Be it enacted, etc., as follows: 

Section 22B of chapter 40 of the General Laws, inserted by o. l. (Ter. 
chapter 776 of the acts of 1949, is hereby amended by insert- f 22B!'etc., 
ing after the word "facilities" in Hne 8 the words: — , and amended. 
including any debt incurred for such acquisition, — so as to 
read as follows : — Section 22B. Any city or town having parking meter 
installed parking meters may acquire off-street parking areas be'^l'^^fig'^'*^ 
and facilities by purchase, gift, eminent domain under chap- to payment of 
ter seventy-nine or chapter eighty A, by lease not to exceed ingVacmti'^s'''' 
five years, or otherwise, and may pay for such acquisition or 
lease, including the cost of policing, constructing or recon- 
structing, surfacing, operating and maintaining such areas 
and facilities, and including any debt incurred for such 
acquisition, in whole or in part from any receipts from said 
parking meters; provided, that the off-street parking areas 
and facilities are located not more than six hundred feet 
from a building in which the principal activity is business, 
commercial, manufacturing or industrial in character and 
which building is in a business, commercial, manufacturing 
or industrial zone but is not more than six hundred feet from 
the nearest parking meter of any group of not less than 
thirty parking meters approved by the department of public 
works. Approved February 25, 1953. 

An Act increasing the costs to certain estates of QJiq'Y) 93 

SEWER assessments IN THE CITY OF BOSTON. ^' 

Be it enacted, etc., as follow s: 

Section L Section 7 of chapter 426 of the acts of 1897, 
as most recently amended by section 1 of chapter 511 of the 
acts of 1945, is hereby further amended by striking out the 



74 Acts, 1953. — Chaps. 94, 95. 

first sentence and inserting in place thereof the following 
sentence : — The board of street commissioners of said city 
at any time within six months after any new sewer or drain 
for the collection or disposal of sewage or of surface or 
ground water is completed, shall assess upon the several 
estates especially benefited by such sewer or drain, a propor- 
tional part of the cost thereof, not exceeding in amount the 
sum of six dollars per hnear foot; but no such assessment 
shall exceed the amount of the special benefit received. 

Section 2. Section one of this act shall apply only to 
assessments for sewers and drains the construction of which 
is ordered on or after the effective date of this act. The 
provisions of section seven of chapter four hundred and 
twenty-six of the acts of eighteen hundred and ninety-seven, 
as in effect immediately preceding said date, shall continue 
to apply to assessments for sewers and drains the construc- 
tion of which is ordered prior to said date. Nothing in 
section one of this act shall be held to operate as a repeal, 
either in whole or in part, of the provisions of chapter five 
hundred and twenty-six of the acts of nineteen hundred and 
two. 

Section 3. This act shall take effect on July first in 
the current year. Approved February 25, 1953. 

Chap. 94 An Act authorizing domestic life insurance companies 
TO acquire for investment purposes real property 
to the extent of five per cent of their assets. 

Be it enacted, etc., as folloivs: 

Ed)' iJi'^' Section 66B of chapter 175 of the General Laws, inserted by 

§ e'cB, etc., section 1 of chapter 269 of the acts of 1947, is hereby amended 
amended. ^_^ striking out, in fine 24, the word "three" and insert- 

ing in place thereof the word: — five, — so that the fourth 
Investment seuteuce will read as follows : — No real property shall be 
ufeln^lince purchased, leased, acquired or improved under this section 
?e5'''ro' CTty ^^ ^^® ^°^^ ^^ valuc thereof, or the estimated cost of proposed 
limited. ' improvements thereon, or both of them, as the case may 
be, would exceed one per cent of the assets of such company, 
nor if any such cost or value, plus the book value on the 
date of such purchase, lease or acquisition thereof, of all 
real property held under this section, would exceed five per 
cent of such assets, nor if any such cost or value, together with 
the book value on such date of all real property held by the 
company, would exceed twenty per cent of its assets. 

Approved February 25, 1953. 

Chap. 95 An Act relative to additions to or alterations of 

certain buildings in the city of BEVERLY. 

Be it enacted, etc., as follows: 

Section 36 of chapter 542 of the acts of 1910 is hereby 
amended by striking out, in line 4, the word "five" and 
inserting in place thereof the word : — fifteen, — • so that 



Acts, 1953. — Chaps. 96, 97, 98. 75 

the first sentence will read as follows : — Whenever it shall 
become necessary to erect any building, to make additions 
to or alterations or repairs in any building for the city, the 
estimated cost of which exceeds the sum of fifteen thousand 
dollars, the same shall be erected or done under the super- 
vision and control of a commission of three persons appointed 
for the purpose as follows : — The mayor shall name three 
citizens of Beverly not members of the board of aldermen to 
act as such commission, who shall be confirmed by the board 
of aldermen. Approved February 25, 1953. 

An Act increasing the fees op magistrates for the (JIkuj g(j 

EXAMINATION OF SURETIES, APPROVAL OF BONDS AND 
TAKING OF RECOGNIZANCES. 

Be it enacted, etc., as follows: 

Section 23 of chapter 262 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by amenle^d.' ^ ^^' 
striking out, in Hne 3, the word "two" and inserting in 
place thereof the word: — five, — so as to read as follows: — 
Section 23. The fees of magistrates for the examination of examination 
sureties and approval of bonds or for the taking of recogni- of slJl^eties, etc. 
zances shall be in each case five dollars for the citation, if 
any, and the first day's hearing, and two dollars in addition 
for each adjournment thereof. These fees shall be paid in 
advance. Approved February 25, 1953. 

An Act to authorize minors to contract for life or (Jfiaj) 97 

ENDOWMENT INSURANCE AND TO EXERCISE RIGHTS UNDER 
policies ON THEIR LIVES. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 128, as appearing in the Tercentenary f 128/^^' 
Edition, and inserting in place thereof the following : — amended. 
Section 128. Any minor resident in this commonwealth who Contracts 
shall have attained the age of fifteen years shall be deemed Endowment 
competent to contract for life or endo^vment insurance upon insurance by 
his life, for his own benefit or for the benefit of the husband, authoriz'^dL^'^^' 
wife, children, father, mother, brother, sister or grandparent 
of such minor, and to exercise and enjoy every right, privilege 
and benefit provided by any life or endowment insurance con- 
tract on the fife of such minor, subject to the foregoing limita- Limitation, 
tions as to designation of beneficiary. 

Approved February 25, 1953. 

An Act authorizing contributions by the county of Qjiap. 98 

BARNSTABLE FOR THE CONSTRUCTION OF SEAWALLS OR 
OTHER FORMS OF SHORE PROTECTION FOR TOWNS IN SAID 
COUNTY. 

Be it enacted, etc., as follows: 

Section L The county of Barnstable is hereby author- 
ized to contribute to the cost of constructing seawalls or 



76 Acts, 1953. — Chaps. 99, 100. 

other works to be built by the state department of public 
works during the years nineteen hundred and fifty-three, 
nineteen hundred and fifty-four, nineteen hundred and fifty- 
five and nineteen hundred and fifty-six, under authority of 
section eleven of chapter ninety-one of the General Laws, 
for the protection of the shores of the towns in said county 
from erosion by the sea, and the county treasurer, with the 
approval of the county commissioners, may pay the county's 
proportion of such cost from the highway appropriation for 
the year during which the agreement to make such payment 
is entered into or, for the purpose of so contributing, may 
borrow from time to time on the credit of the county such 
sums as may be necessary, not exceeding, in the aggregate, 
one hundred thousand dollars, and may issue bonds or notes 
of the county therefor, which shall bear on their face the 
words, Barnstable County Shore Protection Loan, Act of 
1953. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than five 
years from their dates. Such bonds or notes shall be signed 
by the county treasurer and countersigned by a majority of 
the county conamissioners. The county may sell such se- 
curities at public or private sale upon such terms and condi- 
tions as the county commissioners may deem proper, but 
not for less than their par value. Indebtedness incurred un- 
der this act shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1953. 

Chap. 99 An Act authorizing a concession stand in the lobby 

OF THE OLD COURT HOUSE OF SUFFOLK COUNTY, 

Be it enacted, etc., as follows: 

Notwithstanding any provision of law to the contrary, 
the commission established under section one of chapter 
three hundred and eighty-three of the acts of nineteen hun- 
dred and thirty-nine may rent, lease or permit a concession 
stand to be located in the lobby of the old court house of 
Suffolk county, located in Pemberton square in the city of 
Boston; provided, however, that said concession stand be 
owned and operated by a disabled and handicapped veteran. 
Approved February 25, 1953. 



Chap.im 



An Act authorizing cities and towns to borrow money 

FOR police and FIRE ALARM SYSTEM PURPOSES, AND FOR 
TRAFFIC SIGNALS. 

Be it enacted, etc., as follows : 

Ed^'iJl'? Section 7 of chapter 44 of the General Laws is hereby 

etc!, 'amended, amended by striking out clause (14), as appearing in sec- 
tion 5 of chapter 224 of the acts of 1936, and inserting in 
place thereof the following : — 
wSchmu-'"^ (14) For traflac signal, fire alarm or pohce communica- 



Acts, 1953. — Chap. 101. 77 

tion installations and for the purpose of extending and im- nioipaiities 
proving such installations, in Boston ten, and in any other ""^^ borrow, 
city or town five years. Approved February 25, 1953. 

An Act authorizing towns to establish a department Q]i(i^ \{)\ 
OF public works exercising the powers of certain ^' 

OTHER departments AND TOWN OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 41 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 69B, inserted by section Mw'§f69C- 
4 of chapter 172 of the acts of 1938, the four following sec- 69f. added. 
tions : — Section 69C. By vote of a town meeting called ni^*nt''^'f ^" 
for the purpose in any town at least ninety days before an department 
annual town meeting, or, in the case of a town which voted wo?ks^in 
thereon and the vote was not in the affirmative, upon request ^oj^'?^, au- 
by petition of ten per cent of the quahfied voters of any '''"^'' ' 
town filed with the selectmen at least sixty days before an 
annual town meeting, the selectmen shall include in the 
warrant for such annual meeting for submission to the 
voters the following question, to be placed on the official 
ballot in towns using such ballots: — "Shall sections sixty- Acceptance 
nine C to sixty-nine F, inclusive, of chapter forty-one of the ^^ '^°*®''^' 
General Laws, providing for the establishment of a board 
of public works exercising the powers of certain other de- 
partments and town officers be accepted?" If a majority of 
the votes cast in answer to such question is in the affirmative, 
this section and sections sixty-nine D to sixty-nine F, in- 
clusive, shall become fully effective beginning with, and for 
the purposes of, the next annual town election. 

Section 69D. Any town which has accepted the provi- ^f ^'SarT^''' 
sions of sections sixty-nine C to sixty-nine F, inclusive, shall 
elect in the follomng manner a board of public works, herein- 
after called the board, to consist of three members. The Election, 
initial members thereof shall be elected, one to serve for et^^'' cation, 
one year, one for two years, and one for three years, from 
the date of the annual meeting at which they are elected, 
and thereafter when the term of any member expires, his 
successor shall be elected to serve for three years. In all 
cases the members shall serve until their successors are 
elected and qualified. The members of the board shall, after 
each election, elect one of their members to act as chairman 
for the ensuing year. 

Upon the election and qualification of the members of the 
board, the board shall have all the powers and duties now or 
from time to time vested by general law or special act in the 
following boards, departments and offices, or in boards, de- 
partments and offices having corresponding powers and 
duties in said town, to wit: — road commissioners, surveyors 
of highways, superintendent of streets, water commissioners, 
sewer commissioners, municipal Ught board or commissioners, 
park commissioners, cemetery commissioners, tree warden, 
moth superintendent and forestry department, and such 



78 



Acts, 1953. — Chap. 101. 



Appointment 
of superin- 
tendent of 
public works. 



Qualifications, 
powers and 
duties. 



Revocation 
of acceptance 
by voters. 



boards, departments and offices shall thereupon be abohshed. 
No contracts or liabihties then in force shall be affected by 
such abolition, but the board of pubhc works shall in all 
respects be the lawful successor of the boards, departments 
and offices so abohshed. 

The board shall have such additional powers with respect 
to the furnishing of engineering services, the collection and 
disposal of garbage and refuse, the maintenance and repair 
of toTVTi buildings and property, and the performance of such 
duties of any other boards, departments and offices of the 
town as may be reasonably related to the duties and re- 
sponsibihties of a board of public works, as the town may, 
from time to time, by by-law provide, any other provisions 
of law to the contrary notwithstanding. 

Section 69E. The board shall appoint and fix the com- 
pensation of a superintendent of public works, who shall 
exercise and perform, under the supervision and direction of 
the board, such of the powers, rights and duties transferred 
to it under section twenty-one as it may from time to time 
designate. He shall be responsible for the efficient exercise 
and performance of such powers, rights and duties and shall 
hold office subject to the will of the board. He shall be 
specially fitted by education, training and experience to 
perform the duties of said office, and may or maj^ not be 
a resident of the town. During his tenure he shall hold no 
elective or other appointive office, nor shall he be engaged in 
any other business or occupation. He shall give to the 
town a bond with a surety company authorized to transact 
business in the commonwealth as surety, for the faithful 
performance of his duties, in such sum and upon such condi- 
tions as the board may require, and shall, subject to the 
approval of the board, appoint such assistants, agents and 
employees as the exercise and performance of his powers, 
rights and duties may require. He shall keep full and com- 
plete records of the doings of his office and render to the 
board as often as it may require a full report of all operations 
under his control during the period reported upon; and 
annually, and from time to time as required by the board, he 
shall make a sjmopsis of such reports for publication. He 
shall keep the board fully advised as to the needs of the 
town within the scope of his duties, and shall furnish to 
the board each year upon its request a carefully prepared and 
detailed estimate in writing of the appropriations required 
during the next succeeding fiscal year for the proper exercise 
and performance of all said powers, rights and duties. 

Section 69F. Any town which has accepted the provisions 
of said sections sixty-nine C to sixty-nine F, inclusive, may, 
after the expiration of three years from the date of such 
acceptance, vote at an annual meeting to revoke such ac- 
ceptance, and the question of such revocation shall be sub- 
mitted to the voters in the form of the following question : — 
"Shall the acceptance by the town of sections sixty-nine C 
to sixty-nine F, inclusive, of chapter forty-one of the General 



Acts, 1953. — Chap. 101. 79 

Laws providing for the establishment of a board of pubhc 
works exercising the powers of certain other departments 
and town officers be revoked?" If a majority of the votes 
cast in answer to said question is in the affirmative, then 
at the next annual town election held after said vote to 
rescind, the town shall elect such officers as are necessary to 
exercise and perform the powers, rights and duties trans- 
ferred to the board of public works by said sections. 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 has been suspended or superseded by 
the acceptance of this act, shall then be in full force and 
effect. Any by-law inconsistent with such special or general 
laws shall be revoked thereby. Any subsequent vote to 
rescind the acceptance of said sections shall not be taken 
more often than once in three years. 

Section 2. Section 21 of said chapter 41 is hereby g. l. (Ter. 
amended by striking out the first paragraph, as appearing in amended.^ ^^' 
the Tercentenary Edition, and inserting in place thereof 
the following paragraph : — 

By vote of a town meeting called for the purpose in any vote au- 
town at least sixty days before an annual meeting, or upon geiectme^n to 
request by petition of ten per cent of the quaUfied voters of "^o-jft^ertaTn 
any town filed with the selectmen thereof at least sixty days officials. 
before an annual town meeting, asking that the selectmen 
act as a water and sewer board, water commissioners, water 
and municipal light commissioners, municipal light board, 
sewer commissioners, park commissioners, board of public 
works, board of health, assessors, commission of pubhc 
safety or board of public welfare, or perform the duties of 
such boards or officers or any of them or that cemetery 
commissioners, assessors, a superintendent of streets, a chief 
of the pohce and fire departments or a tree warden be there- 
after appointed by the selectmen, the selectmen of such 
town shall include in the warrant for such annual meeting 
for submission to the voters such question or questions in 
the following form, to be placed on the official ballot in 
towns using such ballot : — 

Shall the town vote to have its selectmen act as ? 



YES 




NO 





Shall the town vote to have its selectmen appoint 

]no 

Approved February 25, 1953. 



TES 




NO 





80 



Acts, 1953. — Chaps. 102, 103, 104. 



Chap. 102 An Act relative to the assessment of costs in certain 

APPEALS UNDER MUNICIPAL ZONING LAWS. 

Be it enacted, etc., as follow s: 

The next to the last paragraph of section 30 of chapter 40 
of the General Laws, as appearing in section 1 of chapter 
269 of the acts of 1933, is hereby amended by adding at the 
end the following sentence : — Costs shall not be allowed 
against the party appeahng from the decision of the board 
unless it shall appear to the court that said appellant or 
appellants acted in bad faith or with mahce in making the 
appeal to the court. Approved February 25, 1953. 



G. L. (Ter. 
Ed.), 40, § 30, 
etc., amended. 

Costs in 
zoning law 
appeals. 



G. L. (Ter. 
Ed.), 44, § 5.5, 
etc., amended. 



Deposits of 
cities, towns 
and districts 
in banking 
companies, 
regulated. 



C/iap. 103 An Act relative to deposits of cities, towns and dis- 
tricts IN BANKING COMPANIES. 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by 
striking out section 55, as most recently amended by chapter 
59 of the acts of 1951, and inserting in place thereof the 
following : — Section 55. A city or town shall not at any 
one time have on deposit in a bank or trust company or 
banking company an amount exceeding sixty per cent of 
the capital and surplus of such bank or trust company or 
banking company, unless satisfactory security is given to 
it by such bank or trust company or banking company for 
such excess. For the purpose of paying the principal or 
interest due on any bond, note or other obhgation of the 
city of Boston, which is payable or requested to be paid in 
the city of New York, the city of Boston may keep on 
deposit in any national bank or trust company in the city 
of New York a sum not exceeding in the aggregate twenty- 
five thousand dollars; provided, that for a period of two 
weeks prior to the date of any such payment or payments, 
said amount may be increased by a sum or sums sufficient to 
cover the same. A treasurer of a city, town or district may 
invest not more than eighty per cent of the proceeds from 
the issue of bonds and notes, exclusive of temporary notes 
issued in anticipation of revenue or of serial bond or note 
issues, prior to their application to the payment of liabilities 
incurred for the purposes specified in the authorization of 
the loan, in certificates of deposit in trust companies or 
national banks or banking companies or in United States 
treasury bills. Approved February 25, 1953. 



Chap. 104: An Act providing for the admission of material facts 

AND documents IN CERTAIN EMINENT DOMAIN AND BET- 
TERMENT CASES. 

Be it enacted, etc., as follows: 

EdV' 2Jr' Section 145 of chapter 231 of the General Laws, as amended 

§ i'4.5,~etc'., by section 64 of chapter 451 of the acts of 1939, is hereby 
amended. further amended by inserting after the word "sixty-eight", 



Acts, 1953. — Chap. 105. 81 

in lines 3 and 4, the word : — , sixty-nine, — so as to read as 
follows: — Section 14o. Sections six, thirty, thirty-one. Application 
thirty-five, fifty-one, fifty-two, sixty-one, sixty-two, sixty- chapterrof 
three, sixty-four, sixty-five, sixty-six, sixty-seven, sixty- General Laws, 
eight, sixty-nine, seventy-one, eighty-one, eighty-three, 
eighty-seven, eighty-nine, one hundred and eleven, one 
hundred and twelve, one hundred and thirteen, one hun- 
dred and fourteen, one hundred and fifteen, one hundred 
and seventeen, one hundred and eighteen, one hundred and 
nineteen, one hundred and twenty, one hundred and twenty- 
one, one hundred and twenty-two, one hundred and twenty- 
three, one hundred and twenty-four, one hundred and 
twenty-five, one hundred and twenty-six, one hundred and 
twenty-seven, one hundred and twenty-eight, one hundred 
and twenty-nine, one hundred and thirty, one hundred and 
thirty-one, one hundred and thirty-two, one hundred and 
thirty-three, one hundred and thirty-four, one hundred and 
thirty-five, one hundred and thirty-seven and one hundred 
and thirty-nine shall apply to petitions for damages by 
taking by eminent domain under chapter seventy-nine, to 
petitions for abatement of betterment assessments under 
chapter eighty, and to petitions and appHcations brought 
under sections four and nine, respectively, of chapter 
eighty A. Approved February 25, 1953. 

An Act establishing the westhampton water district Chap.l^b 
IN the town of westhampton. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Westhampton» 
liable to taxation in said town and residing within the terri- 
tory comprised within one mile radius of the intersection of 
the center fines of Stage road and North road, shall consti- 
tute a water district and are hereby made a body corporate 
by the name of the Westhampton AVater District, hereinafter 
called the district, for the purpose of supplying themselves 
with water for the extinguishment of fires and for domestic 
and other purposes, with power to establish fountains and 
hydrants and to relocate and discontinue the same, to regu- 
late the use of such water and to fix and collect rates to be 
paid therefor, and for the purposes of assessing and raising 
taxes as provided herein for the payment of such services, 
and for defraying the necessary expenses of 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 
prosecute and defend all actions relating to its property and 
affairs. 

Section 2. For the purposes aforesaid, the district, 
acting by and through its board of water commissioners 
hereinafter provided for, may contract with any munici- 
pality, acting through its water department, or with any 
water company, or with any water district, for whatever 



82 Acts, 1953. — Chap. 105. 

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 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 Westhampton and not al- 
ready appropriated for the purposes of a public supply, and 
the water and flowage rights connected with any such water 
sources; and for said purposes may take as aforesaid, or 
acquire by purchase or otherwise, and hold, all lands, rights 
of way and other easements necessary for collecting, storing, 
holding, purifying and preserving the purity of the water 
and for conveying the same to any part of said district; pro- 
vided, that no source of water supply or lands necessary for 
preserving the quality of the water shall be so taken or used 
without first obtaining the advice and approval of the de- 
partment of public health, and that the location and arrange- 
ment of all dams, reservoirs, springs, wells, pumping, puri- 
fication and filtration plants and such other works as may 
be necessary in carrying out the provisions of this act shall 
be subject to the approval of said department. The district 
may construct and maintain on the lands acquired and held 
under this act proper dams, wells, springs, reservoirs, stand- 
pipes, tanks, pumping plants, buildings, fixtures and other 
structures including also the estabhshment and maintenance 
of filter beds and purification works or systems, and may 
make excavations, procure and operate machinery and pro- 
vide such other means and appliances, and do such other 
things as may be necessary for the establishment and mainte- 
nance of complete and effective water works; and for that 
purpose may construct pipe lines, wells and reservoirs and 
estabhsh pumping works, and may construct, lay, acquire 
and maintain aqueducts, conduits, pipes and other works 
under or over any land, water courses, railroad, railways 
and pubhc or other ways, and along such ways, in said town, 
in such manner as not unnecessarily to obstruct the same; 
and for the purposes of constructing, lajdng, maintaining, 
operating and repairing such aqueducts, conduits, pipes and 
other works, and for all proper purposes of this act, the dis- 
trict may dig up or raise and embank any such lands, high- 
ways or other ways in such manner as to cause the least 
hindrance to public travel on such ways; provided, that the 
manner in which all things are done upon any such way shall 
be subject to the direction of the selectmen of the town of 
Westhampton. The district shall not enter upon, or con- 
struct 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 utihties. 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 



Acts, 1953. — Chap. 105. 83 

to occupy temporarily any lands necessary for the construc- 
tion of any work or for any other purpose authorized by this 
act. 

Section 3. Any person sustaining damages in his prop- 
erty by any taking under this act or any other thing done 
under authority thereof may recover such damages from 
the district under said chapter seventy-nine, but the right 
to damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water 
is actually mthdrawn or diverted under authority of this act. 
, Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than ex- 
penses of maintenance and operation, the district may bor- 
row from time to time such sums as may be necessary, not 
exceeding, in the aggregate, four thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Westhampton Water District Loan, Act of 1953. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than thirty years 
from their dates. Indebtedness incurred under this act shall 
be subject to the provisions of chapter forty-four of the 
General Laws pertaining to such districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with section four of this act; and, when a vote to that 
effect has been passed, a sum which, with the income derived 
from water rates, will be sufficient to pay the annual expense 
of operating its water works and the interest as it accrues on 
the bonds or notes issued as aforesaid by the district, and 
to 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 Westhampton 
annually thereafter until the debt incurred by said loan or 
loans is extinguished. 

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

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to any tax assessed on account of the system of water supply 
under this act if, in the judgment of the board of water com- 
missioners hereinafter provided for, after a hearing, due no- 
tice 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 situ- 
ated that the buildings thereon, or the buildings that might 



84 Acts, 1953. — Chap. 105. 

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 bene- 
fited 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 com- 
missioners to said assessors, at the same time at which the 
clerk shall send a certified copy of the vote as aforesaid. The 
assessment shall be committed to the town collector, who 
shall collect said tax in the manner provided by law for the 
collection of town taxes, and shall deposit the proceeds 
thereof with the district treasurer for the use and benefit of 
the district. The district may collect interest on overdue 
taxes in the manner in which interest is authorized to be 
collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to 
be held prior to the acceptance of this act, and any meeting 
of the voters of the district to be held prior to the quahfica- 
tion of a majority of the water commissioners, shall be 
called, on petition of ten or more legal voters therein, by a 
warrant from the selectmen of said town, or from a justice 
of the peace, directed to one of the petitioners, requiring 
him to give notice of the meeting by posting copies of the 
warrant in two or more pubhc places in the district seven 
days at least before the time of the meeting. Such justice 
of the peace, or one of the selectmen, shall preside at such 
meeting until a clerk is chosen and sworn, and the clerk shall 
preside until a moderator is chosen. At any meeting held 
hereunder prior to the acceptance of this act, after the 
choice of a moderator for the meeting the question of the 
acceptance of this act shall be submitted to the voters, and 
if it is accepted by a majority of the voters present and vot- 
ing thereon it shall thereupon take effect, and the meeting 
may then proceed to act on the other articles in the warrant. 
After the quahfication of a majority of the water commis- 
sioners, meetings of the district shall be called by warrant 
under their hands, unless some other method be provided 
by by-law or vote of the district. 

Section 9. The district shall, after the acceptance of this 
act as aforesaid, elect by ballot, either at the same meeting 
at wliich this act shall have been accepted, or thereafter, at 
an annual meeting or at a special meeting called for the pur- 
pose, three persons, inhabitants of and voters in said district, 
to hold office, one until the expiration of three years, one 
until the expiration of two years, and one until the expira- 
tion of one year, from the day of the next succeeding annual 
district meeting, to constitute a board of water commission- 
ers; and at every annual district meeting following such 
next succeeding annual district meeting one such commis- 
sioner shall be elected by ballot for the term of three years. 
The date of the next annual meeting shall be fixed by by-law 
or by vote of the board of water commissioners, but in no 



Acts, 1953. — Chap. 105. 85 

event shall it be later than fifteen months subsequent to the 
date on which the water commissioners were first elected. 
All the authority granted to said district by this act, except 
sections four and five, and not otherwise specifically pro- 
vided for, shall be vested in said board of water commis- 
sioners, who shall be subject, however, to such instructions, 
rules and regulations as 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 dis- 
trict in such an amount as may be approved by said water 
commissioners and with a surety company authorized to 
transact business in the commonwealth as surety. A ma- 
jority of said water commissioners shall constitute a quorum 
for the transaction of business. Any vacancy occurring in 
said board from any cause may be filled for the remainder 
of the unexpired term by said district at any legal meeting 
called for the purpose. No money shall be drawn from the 
treasury of the district on account of its water works except 
upon a written order of said water commissioners or a ma- 
jority of them. 

Section 10. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
shall prescribe the time and manner of payment. The in- 
come of the water works shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 
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 commis- 
sioners shall annually, and as often as the district may re- 
quire, render a report upon the condition of the works under 
their charge, and an account of their doings, including an 
account of receipts and expenditures. 

Section 11. The district may adopt by-laws, prescrib- 
ing 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 establish rules and regulations for the management of 
its water works, not inconsistent with this act or with any 
other provision of law, and may choose such other officers 
not provided for in this act as it may deem necessary or 
proper. 

Section 12. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, well, stand- 
pipe, aqueduct, pipe or other property owned or used by 



86 Acts, 1953. — Chap. 106. 

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 Umits 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 wdthin 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. Nothing in this act shall authorize the dis- 
trict to supply water for the extinguishment of fires or for 
domestic or other purposes to the inhabitants of the area 
served on the effective date of this act by the Westhampton 
Water Company, without first having acquired by purchase, 
or by eminent domain under chapter seventy-nine of the 
General Laws, all of the properties of said Westhampton 
Water Company on said date appurtenant to the business of 
water supply and located within the area served by said 
Westhampton Water Company. In case of dispute as to 
the area served by said Westhampton Water Company on 
said date, the department of public utilities, upon applica- 
tion of the district or of said Westhampton Water Company 
shall determine such area and such determination shall be 
final. 

Section 15. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act pres- 
ent and voting thereon, by the use of a check list, at a district 
meeting called, in accordance with section eight, within four 
years after its passage. Approved February 25, 1953. 

Chap. lOQ An Act to extend the rights under summary process 

FOR POSSESSION OF LAND OR TENEMENTS. 

Be it enacted, etc., as follows: 
G. L. (Ter. The first sentence of section 1 of chapter 239 of the Gen- 

ftl! amended, eral Laws, as most recently amended by section 1 of chapter 

151 of the acts of 1952, is hereby amended by inserting after 



Acts, 1953. —Chap. 107. 87 

the word "court", in line 12, the words: — , or if a pur- 
chaser, under a written agreement to purchase, is in posses- 
sion of land or tenements beyond the date of the agreement 
without taking title to said land as called for by said agree- 
ment, — so as to read as follows : — If a forcible entry into Rights to 
land or tenements has been made, if a peaceable entry has Snder sum- 
been made and the possession is unlawfully held by force, if ^tend/d*'^^^' 
the lessee of land or tenements or a person holding under 
him holds possession without right after the determination 
of a lease by its own limitation or by notice to quit or other- 
wise, or if a mortgage of land has been foreclosed by a sale 
under a power therein contained or otherwise, or if a person 
has acquired title to land or tenements by purchase, and the 
seller or any person holding under him refuses to surrender 
possession thereof to the buyer, or if a tax title has been 
foreclosed by decree of the land court, or if a purchaser, under 
a written agreement to purchase, is in possession of land or 
tenements beyond the date of the agreement without taking 
title to said land as called for by said agreement, the person 
entitled to the land or tenements may recover possession 
thereof under this chapter. Approved February 25, 1953. 

An Act establishing the montague center water dis- Chap. 107 

TRICT IN THE TOWN OF MONTAGUE. 

Be it enacted, etc., as follows. • 

Section 1. The inhabitants of the town of Montague, 
liable to taxation in said town and residing within the terri- 
tory comprised within the following boundary Hues, to wit : — 
beginning at the intersection of the southerly Hne of land of 
the Boston and Maine Railroad and the easterly line of 
Depot road, and running thence southerly on Depot road to 
the southerly line of Swamp road; thence easterly on the 
southerly line of Swamp road three hundred feet to a corner; 
thence southerly to the southeast corner of the Locust Ceme- 
tery, so called ; thence due east to the southerly bank of the 
Sawmill river; thence easterlj'- and southerly along the Saw- 
mill river to a point near Sunderland road that is eleven 
hundred feet southerly of the intersection of the southerly 
hne of South street with the easterly line of Sunderland road; 
thence westerly to said Sunderland road; thence north- 
westerly to the northwest corner of land of Richard L. 
Annear on the easterly side of Middle Sunderland road; 
thence northeasterly along the Middle Sunderland road to 
a point opposite the boundary hne between the land of 
Harry A. Foley and Myrton 0. Cutler; thence northerly 
crossing the road and running along said Cutler's east line to 
the northeast corner of land formerly owned by George J. 
Thompson and now of said Cutler; thence westerly along 
the northerly hne of land formerly owned by said George J. 
Thompson to School street and continuing in the same 
course across School street to the west Une thereof; thence 
northerly along the west hne of said School street to the 



Acts, 1953. —Chap. 107. 

school house lot; thence westerly along the school house lot 
to the southwest corner thereof; thence northerly to the 
center of a brook where it crosses West street just west of 
the house of John Rau; thence northwesterly down said 
brook to the Sawmill river; thence westerly and northerly 
down the Sawmill river to the Meadow road bridge; thence 
northeasterly to the southwest corner of land of Arthur J. 
Belado ; thence northeasterly along said Belado land to land 
of the Boston and Maine Railroad; thence easterly on said 
railroad land to the place of beginning, — shall constitute a 
water district and are hereby made a body corporate by the 
name of the Montague Center Water District, hereinafter 
called the district, for the purpose of supplying themselves 
with water for the extinguishment of fires and for domestic 
and other purposes, with power to establish fountains and 
hydrants and to relocate and discontinue the same, to regu- 
late the use of such water and to fix and collect rates to be 
paid therefor, and for the purposes of assessing and raising 
taxes as provided herein for the payment of such services, 
and for defraying the necessary expenses of carrying on the 
business of said district, subject to all the 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 propertj^ and affairs. 
Section 2. For the purposes aforesaid, the district, 
acting by and through its board of water commissioners 
hereinafter provided for, may contract with any munici- 
pality, acting through its water department, or with any 
water company, or with any water district, for whatever 
water may be required, authority to furnish the sam.e 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 water, 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 Montague and not already 
appropriated for the purposes of a pubhc supply, and the 
water and flowage rights connected with any such water 
sources; and for said purposes may take as aforesaid, or 
acquire by purchase or otherwise, and hold, all lands, rights 
of way and other easements necessary for collecting, storing, 
holding, purifying and preserving the purity of the water 
and for conveying the same to any part of said district; 
provided, that no source of water supply or lands necessary 
for preserving the quality of the water shall be so taken or 
used without first obtaining the advice and approval of the 
department of public health, and that the location and 
arrangement of all dams, reservoirs, springs, wells, pump- 
ing, purification and filtration plants and such other works 
as may be necessary in carrying out the provisions of this 
act shall be subject to the approval of said department. 
The district may construct and maintain on the lands 
acquired and held under this act proper dams, wells, springs. 



Acts, 1953. — Chap. 107. 89 

reservoirs, standpipes, tanks, pumping plants, buildings, 
fixtures and other structures, including also the establish- 
ment 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 estab- 
lishment and maintenance of complete and effective water 
works; and for that purpose may construct pipe lines, wells 
and reservoirs and establish pumping works, and may con- 
struct, lay, acquire and maintain aqueducts, conduits, 
pipes and other works under or over any land, water courses, 
railroad, railways and public or other ways, and along such 
ways, in said town, in such manner as not unnecessarily to 
obstruct the same; and for the purposes of constructing, 
laying, maintaining, operating and repairing such aqueducts, 
conduits, pipes and other works, and for all proper purposes 
of this act, the district may dig up or raise and embank any 
such land, highways or other ways in such manner as to cause 
the least hindrance to public travel on such ways; provided, 
that the manner in which all things are done upon any such 
way shall be subject to the direction of the selectmen of the 
town of Montague. 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 cor- 
poration, or, in case of failure so to agree, as may be ap- 
proved by the department of public utilities. The district 
may enter upon any lands for the purpose of making sur- 
veys, test wells or pits and borings, and may take or other- 
wise acquire the right to occupy temporarily any lands 
necessary for the construction of any work or for any other 
purpose authorized by this act. 

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

Section 4. For the purpose of paying the necessary 
expenses and liabiHties incurred under this act, other than 
the expenses of maintenance and operation, the district 
may borrow from time to time such sums as may be neces- 
sary, not exceeding, in the aggregate, twenty-five thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Montague Center Water 
District Loan, Act of 1953. Each authorized issue shall 
constitute a separate loan, and such loans shall be payable 
in not more than thirty years from their dates. Indebted- 
ness incurred under this act shall be subject to the provisions 
of chapter forty-four of the General Laws pertaining to 
such districts. 



90 Acts, 1953. — Chap. 107. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with section four of this act; and, when a vote to that 
effect has been passed, a sum which, with the income de- 
rived 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 as- 
sessed upon the district by the assessors of said town of 
Montague 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 subject 
to section nine. 

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

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to be 
held prior to the acceptance of this act, and any meeting of 
the voters of the district to be held prior to the qualification 
of a majority of the water commissioners, shall be called, on 
petition of ten or more legal voters therein, by a warrant from 
the selectmen of said town, or from a justice of the peace, 



Acts, 1953. — Chap. 107. 91 

directed to one of the petitioners, requiring him to give no- 
tice of the meeting by posting copies of the warrant in two 
or more pubHc places in the district seven days at least before 
the time of the meeting. Such justice of the peace, or one of 
the selectmen, shall preside at such meeting until a clerk is 
chosen and sworn, and the clerk shall preside until a mod- 
erator is chosen. At any meeting held hereunder prior to 
the acceptance of this act, after the choice of a moderator for 
the meeting the question of the acceptance of this act shall 
be submitted to the voters, and if it is accepted by a majority 
of the voters present and voting thereon it shall thereupon 
take effect, and the meeting may then proceed to act on the 
other articles in the warrant. After the qualification of a 
majority of the water commissioners, meetings of the dis- 
trict shall be called by warrant under their hands, unless 
some other method be provided by by-law or vote of the dis- 
trict. 

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



92 Acts, 1953. — Chap. 107. 

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 pajTnent. The in- 
come of the water works shall be appropriated to defraj'" all 
operating expenses, interest charges and payments on the 
principal as thej^ 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 pa>Tnent for such new construction the water 
rates shall be reduced proportionately. Said water commis- 
sioners shall annually, and as often as the district may re- 
quire, render a report upon the condition of the works under 
their charge, and an account of their doings, including an 
account of receipts and expenditures. 

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

Section 12. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, well, stand- 
pipe, aqueduct, pipe or other property owned or used by the 
district for any of the purposes of this act, shall forfeit and 
pay to the district three times the amount of damages as- 
sessed therefor, to be recovered in an action of tort, and 
upon conviction of any of the above "^alful 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 commissioners shall 
cause a duly warned meeting of the district to be called, at 
which meeting the voters may vote on the question of in- 
cluding such real estate within the district. If a majority 
of the voters present and voting thereon vote in the affirm- 
ative the district clerk shall within ten days file with the 
town clerk of said town and with the state secretary an at- 
tested copy of said petition and vote; and thereupon said 
real estate shall become and be part of the district and shall 
be holden under this act in the same manner and to the 
same extent as the real estate described in section one. 



Acts, 1953. — Chap. 108. 93 

Section 14. Nothing in this act shall authorize the dis- 
trict to supply water for the extinguishment of fires or for 
domestic or other purposes for the inhabitants of the area 
served on the effective date of this act by the INIontague 
Water Works, otherwise known as the Bartlett Water Supply 
System, without first having acquired by purchase or by 
eminent domain under chapter seventy-nine of the General 
Laws, as the occasion may arise, all of the properties of said 
Montague Water Works, otherwise known as the Bartlett 
Water Supply System, on said date appurtenant to the 
business of water supply and located within the area served 
by said Montague Water Works, otherwise known as the 
Bartlett Water Supply System. In case of dispute as to the 
area served by the Montague Water Works, otherwise known 
as the Bartlett Water Supply System, on said date, the de- 
partment of public utihties, upon application of the district 
or of said Montague Water Works, otherwise known as the 
Bartlett Water Supply System, shall determine such area 
and such determination shall be final. By acquiring the 
properties of the Montague Water Works, otherwise known 
as the Bartlett Water Supply System, the district shall not 
be obligated to supply water in any part of the town of 
Montague lying outside the hmits of the district as described 
in section one of this act or as extended under the provisions 
of section thirteen of this act. 

Section 15. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of the territory in- 
cluded 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 February 25, 1953. 



ChapAOH 



An Act relative to the issuing of permits for certain 

WORK to be performed ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Section 9 of chapter 136 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by inserting fmende^d.' ^ ^' 
after the word "town", in fine 5, the words: — , or the 
chairman of the board of selectmen of any town, — so as to 

certain work 



read as follows : — Section 9. The poHce commissioner of P''™"*^^ f*"" 



rank not lower than that of captain and designated by said 
commissioner, or the chief of police or other officer in charge 
of the police department of any other city or of any town, or 
the chairman of the board of selectmen of any town, upon 
such terms and conditions as he deems reasonable, may issue 
a permit for the performance on the Lord's day of necessary 
work or labor which in his judgment could not be performed 
on any other day without serious suffering, loss, damage or 
pubHc inconvenience. Such permit shall cover not more 
than one day and shall not be issued more than six days 
prior to the day for which it is issued. 

Approved February 25, 1953. 



94 Acts, 1953. — Chaps. 109, 110, 111. 



Chap. 109 An Act authorizing the placing of certain officers 

AND EMPLOYEES IN THE HIGHWAY DEPARTMENT OF THE 
TOWN OF HULL UNDER CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The offices and positions in the highway 
department of the to\vn of Hull shall, upon the effective date 
of this act, become subject to the civil service laws and rules, 
and the tenure of the incumbents thereof on said date shall 
be unlimited, subject, however, to said civil service laws 
and rules; provided, that said incumbents of said positions, 
excepting those in the labor service, pass a qualifying ex- 
amination, to which they shall be subjected by the division 
of civil service. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town meeting members at the annual town 
meeting in the year nineteen hundred and fifty-three, but 
not otherwise. Approved February 27, 1953. 

Chap. 110 An Act further defining the powers and duties of 

DIRECTORS AND OFFICERS OF INSURANCE COMPANIES ON 
INVESTMENTS. 

Be it enacted, etc., as follows: 

Edn' 175 '^■§ 64 Section 64 of chapter 175 of the. General Laws is hereby 
amended.' ' amended by striking out the first paragraph, as appearing in 
the Tercentenary Edition, and inserting in place thereof the 
of InsuraM*! following paragraph : — All investments and deposits of the 
companies, fuuds of any such company shall be made in its corporate 
regulated. name; and no director, officer or member of a committee 
having any authority in the investment or disposition of its 
funds shall receive, in addition to his fixed salary or com- 
pensation from such company, any money or valuable thing, 
either directly or indirectly, for negotiating, procuring, 
recommending or aiding in any purchase, sale or loan made 
by such company in connection with its investments, nor 
shall he have any substantial interest, direct or indirect, in 
any such purchase, sale or loan, except that, if a policyholder, 
he shall be entitled to all the benefits accruing under the 
;• Substantial tci'ms of his contract. The words "substantial interest" as 
defined. ' uscd in this paragraph shall mean the beneficial ownership of 
five per cent or more of the outstanding voting stock of any 
corporation, other than such company or of five per cent or 
more of the proprietary interest of any unincorporated 
enterprise. Approved February 27, 1953. 

Chap. Ill An Act making the provisions of the civil service laws 

APPLICABLE TO THE TOWN OF HULL WITH RESPECT TO 
CERTAIN TOWN EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. The positions of foreman under the play- 
ground commission, maintenance man in the fire department, 



Acts, 1953. — Chap. 112. 95 

custodians of public buildings, custodians and employees of 
the cafeteria in the school department, laborers employed 
by the tree warden or in the tree department, caretaker of 
cemetery, and foreman of garbage disposal, in the town of 
Hull shall, upon the effective date of this act, become subject 
to the civil service laws and rules, and the tenure of the in- 
cumbents thereof on said date shall be unhmited, subject, 
however, to said civil service laws and rules; provided, that 
said incumbents of said positions, excepting those in the 
labor service, pass a quahfying examination, to which they 
shall be subjected by the division of civil service. 

Section 2. Upon the acceptance of this act as h«rein- 
after provided the provisions of section forty-seven A of 
chapter thirty-one of the General Laws relative to the 
classification of each office and position placed under civil 
service shall apply. 

Section 3. This act shall take full effect upon its ac- 
ceptance by the town meeting members at the annual town 
meeting in the year nineteen hundred and fifty-three, but 
not otherwise. Approved March 2, 1953. 



An Act providing for an investigation by the depart- (7/iai).112 

MENT OF PUBLIC UTILITIES OF THE RATE STRUCTURE OF 
THE NEW ENGLAND TELEPHONE AND TELEGRAPH COM- 
PANY. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to protect the public interest in preamble. 
regard to telephone and telegraph service, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public interest and conven- 
ience. 
Be it enacted, etc., as follows: 

Section 1. The department of public utilities is hereby 
authorized and directed to make an investigation of the rate 
structure of the New England Telephone and Telegraph 
Company, with a view to determining what action should be 
taken to best protect the public interest in regard to the 
application for an increase in certain rates charged by said 
company. Said department shall have the power to summon 
witnesses and to require the production of books, records, 
contracts and papers, and the giving of testimony under 
oath, and may expend for the purposes of this act such 
sums as may be appropriated therefor. Said department 
shall report the results of its investigation in its annual 
report in the current year. 

Section 2. For personal services and expenses of an 
investigation of the New England Telephone and Telegraph 
Company, as authorized by this act, there is hereby ap- 
propriated from the General Fund the sum of seventy-five 
thousand dollars. Approved March 3, 1953. 



96 Acts, 1953. —Chaps. 113, 114, 115. 



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

CITY OF WORCESTER MAY BORROW FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 568 of the acts of 1952 
is hereby amended by striking out, in line 3, the word "three" 
and inserting in place thereof the word : — six, — and by 
inserting after the word "to" in line 5 the words: — and the 
rehabilitation of and alterations of, — so that the first para- 
graph will read as follows : — The city of Worcester may 
within a period of five years from the passage of this act 
incur indebtedness in an amount not exceeding six hundred 
and sixty thousand dollars for the purpose of acquiring land 
by purchase or eminent domain and for the construction of 
additions to and the rehabilitation of and alterations of the 
public school buildings on Thorndyke road and Nelson place 
in said city, including the cost of architectural and engineer- 
ing services, and the cost of landscaping and recreational 
development of the sites and of original equipment and 
furnishings for said additions to the school buildings, and 
may issue bonds or notes therefor which shall bear on their 
face the words, Worcester School Building Loan, Act of 1952. 

Section 2. This act shall take effect upon its passage. 
A-p-proved March S, 1953. 



Chap. 11^ An Act exempting the town of gosnold from assess- 
ment OF CERTAIN COUNTY TAXES. 

Be it enacted, etc., as follows. • 

Section 1. In apportioning the taxes upon the several 
towns in the county of Dukes County, the town of Gosnold 
shall not be assessed for any part of the appropriations for 
highways, bridges, land damages, and the maintenance and 
operation of the county airport, nor shall said town benefit 
from any receipts or estimated receipts of said airport. In 
calculating the apportionment, the assessment on said town 
shall be made after eliminating both estimated receipts and 
estimated appropriations for highways, bridges, land dam- 
ages and the maintenance and operation of the airport. 

Section 2. This act shall take effect as of January first, 
nineteen hundred and fifty-three. 

Approved March S, 1953. 



Chap.llb An Act allowing the use of dogs for waterfowl hunt- 
ing DURING THE OPEN SEASON ON DEER. 

Be it enacted, etc., as follows: 
G. L'. (Ter. Section 82 of chapter 131 of the General Laws, as appear- 

?tc:!'ameAded^' lug in scctiou 2 of chapter 599 of the acts of 1941, is hereby 

amended by adding at the end the following sentence: — 
S^huntfnrof Nothing in this section shall be deemed to prohibit the use 

waterfowl. 



Acts, 1953. — Chaps. 116, 117, 118. 97 

of dogs to hunt waterfowl on coastal waters and salt marshes 
during the open season on migratory waterfowl. 

Approved March 8, 1953. 

An Act authorizing the board of water commissioners C/iap. 116 

OF THE town of WARE TO ACT AS A BOARD OF SEWER 
COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 52 of the acts of 1886 is hereby- 
amended by inserting after section 1 1 the following section : — 
Section 11 A. The board of water commissioners shall act 
as a board of sewer commissioners and the provisions of the 
General Laws relative to the construction, maintenance and 
operation of sewers and sewage disposal systems and to the 
assessment, apportionment, division, reassessment, abate- 
ment and collection of sewer assessments and charges shall 
apply. 

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

Section 3. This act shall take effect upon its acceptance 
by vote of the inhabitants of the town of Ware at an annual 
or special town meeting but not otherwise. 

Approved March S, 1953. 



An Act relative to the furnishing of copies of certain Chap. 117 

MEDICAL REPORTS. 

Be it enacted, etc., asfolloivs: 

Chapter 149 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 19, as appearing in the Tercentenary ^^^'^'^fg}^^ 
Edition, Ihe following section: — Section 19 A. Any em- added, 
plover requiring a physical examination of an employee ^°^^red^ 
shall, upon request, cause said person to be furnished with physical ex- 
a copv of the medical repoi't following the said examination. '^™'"^ '°"^" 

Approved March 3, 1953. 



An Act relative to the referendum in plan e cities Qhay. 11^ 
on the question of providing for the nominations 

FOR certain officers THEREIN BY PRELIMINARY ELEC- 
TION, AND THEIR ELECTION BY ORDINARY PLURALITY 
VOTING. 

Be it enacted, etc., as follows: 

Section 1. Chapter 661 of the acts of 1949 is hereby • 

amended by striking out section 3, as amended by section 2 
of chapter 281 of the acts of 1952, and inserting in place 
thereof the following section : — Section 3. Upon petition 



98 Acts, 1953. — Chap. 119. 

of five per cent of the registered voters of any citj^, which 
has adopted the Plan E form of city charter, filed with the 
city clerk or election commissioners not later than sixty days 
before the regular city election, this act shall be submitted 
for acceptance to the registered voters of said city at said 
election in the form of the following question, which shall 
be placed on the official ballot to be used in said city at such 
city election: — "Shall an act passed by the General Court 
entitled 'An act providing for the nomination of members 
of the city council and the school committee of Plan E cities 
by preliminar}^ elections, and providing for their election by 
ordinary plurality voting', be accepted?" 

The petition shall be submitted to the registrars of voters 
for the certification of the names thereon not later than 
five o'clock post meridian of the seventh day preceding the 
day on which it must be filed with the city clerk. 

If this act is not accepted at said election, it shall be again 
submitted for acceptance to the registered voters of said 
city at a regular city election held not less than four years 
after the election at which this act was submitted to the 
voters and was not accepted by them; provided, that a like 
petition for such submission has been filed with the city 
clerk or election commissioners in the manner aforesaid. 

Section 2. This act shall take effect upon its passage. 
Approved March 4, 1953. 

Chap. 11^ An Act to permit cities to use certain currently 

AVAILABLE FUNDS TO REDUCE TAX RATES THEREIN FOR 
THE CURRENT YEAR. 

prTamWe?^ TF/iereas, The deferred operation of this act would tend to 

defeat its purpose which is to allow cities to use certain 
funds to reduce tax rates in the current year, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

In cities in the calendar j'^ear of nineteen hundred and 
fifty-three, in determining the amount of available funds 
which the assessors may be required to deduct under the 
provisions of clauses (6) and (c) of section twenty-three of 
chapter fifty-nine of the General Laws, as most recently 
amended by section seven of chapter seven hundred and 
ninety-eight of the acts of nineteen hundred and fifty-one, 
such funds shall constitute the amounts certified by the 
director of accounts as available on January first, nineteen 
hundred and fifty-three, in accordance with the provisions 
of said section, together with the total of the real, personal 
or poll taxes of prior years collected between said January"- 
first and the last day of the month preceding the month in 
which the tax rate is determined, but in no event later than 
March thirty-first, nineteen hundred and fifty-three. 

The auditor or similar accounting officer in each city 
shall certify as soon as may be to the board of assessors the 



Acts, 1953. — Chaps. 120, 121. 99 

total real, personal or poll taxes of prior years collected from 
January first, nineteen hundred and fifty-three, up to and 
including March thirty-first, nineteen hundred and fifty- 
three. Approved March 4, 1953. 



An Act relative to loans by a savings bank to its Chap. 120 

OFFICERS. 

Be it enacted, etc., as follows: 

Section 29 of chapter 168 of the General Laws, as most g- l. (Ter. 
recently amended by chapter 1 1 1 of the acts of 1945, is hereby § 29." lu.', 
further amended by striking out the last sentence and insert- ^"^pn^ed. 
ing in place thereof the following sentence: — This section Certain loans 
shall not apply to loans held by such corporation on June banifsV"^^ 



eighth, nineteen hundred and eight, or to renewals thereof, regulated. 
or to the deposit of money, as provided in section fifty-four, 
in banks or trust companies of which one or more trustees 
or officers of such corporation are directors, or to loans to 
trustees or other officers of the corporation who are not 
charged with the duty of investing its funds, or to loans on 
deposit books made under section fifty-one A. 

Approved March 4, 1953. 



An Act authorizing credit unions to deposit money Qfiaj) 121 
IN certain banking companies. 

Be it enacted, etc., as follows: 

Chapter 171 of the General Laws is hereby amended by EJ^{Jf''- 
striking out section 21, as most recently amended by chap- § 21,'eto.,' 
ter 654 of the acts of 1951, and inserting in place thereof the ^'^^^"^^'i- 
following section: — Section 21. The capital, deposits and Jjlg^lfy^jio^g 
surplus of a credit union shall be invested in loans to mem- regulated. 
bers, 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 companies or banking 
companies which are members of the Federal Deposit In- 
surance Corporation, incorporated under the laws of this 
commonwealth, or in national banks located therein, or in- 
vested in any bonds, notes, bankers' acceptances or bank 
stocks which are at the time of their purchase legal invest- 
ments for savings banks in this commonwealth, or, to the ex- 
tent 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 common- 
wealth, or in shares of federal savings and loan associations 
having a usual place of business within the commonwealth 
to an amount not to exceed five thousand dollars in any one 
of such associations, but not more than five per cent of the 



100 Acts, 1953. —Chaps. 122, 123. 

assets of a credit union shall be invested in bank stocks; 
provided, that not more than fifteen thousand dollars shall 
be invested in the stock of any one bank. 
Limitation. ^^ \eixst five per cent of the total assets of a credit union 

shall be carried as cash on hand or as balances due from banks 
and trust companies or banking companies which are mem- 
bers of the Federal Deposit Insurance Corporation, or in- 
vested in the bonds or notes of the United States, or of any- 
state, or subdivision thereof, which are legal investments 
for savings banks as above provided, or in the shares of 
Central Credit Union Fund, Inc. ; provided, that such bonds, 
notes or shares are the absolute property and under the con- 
trol of such credit union. Whenever the aforesaid ratio falls 
below five per cent, no further loans shall be made until the 
ratio as herein provided has been re-established. Invest- 
ments, other than personal loans, shall be made only with 
the approval of the board of directors. Subject to such 
approval and to the approval of the commissioner, a credit 
union may invest a sum not exceeding its guaranty fund and 
other surplus accounts in the purchase of a suitable site and 
the erection or preparation of a suitable building for the con- 
venient transaction of its business. 

Approved March 4, 1953. 

Chap. 122 An Act relative to the limitations on deposits and 

CERTIFICATE FUNDS OF BANKING COMPANIES. 

Be it enacted, etc., as folloivs: 

G. L. (Ter. Sectiou 5 of chapter 172A of the General Laws, as most 

f s'^etc^^"^' recently amended by section 1 of chapter 92 of the acts of 
amended. 1950, is hereby further amended by striking out, in line 14, 

as appearing in section 1 of chapter 148 of the acts of 1948, 
the word "five" and inserting in place thereof the word: — 
ten, — so that the fourth sentence will read as follows: — 
^^ertificates "^q certificate shall be issued for an amount less than ten 
banking dollars and, except as provided in section five A, the total 

wtS!'^^' amount of all certificates issued to any individual, estate, 
trust, corporation, association or partnership shall not ex- 
ceed ten thousand dollars; provided, that the limitations 
upon the issuance of certificates imposed by this sentence 
and by section five A shall not apply to certificates issued 
prior to October first, nineteen hundred and thirty-eight. 

Approved March 4, 1953. 

Chap.123 An Act increasing the maximum amount of demand 
deposits which may be received by certain banking 
companies. 

Be it enacted, etc., as folloivs: 
G. L. (Ter. The secoud sentence of section 6A of chapter 172A of the 

fil'. Itc.^' General Laws, as appearing in chapter 150 of the acts of 1948, 
amended. jg hereby amended by striking out, in line 5, the word 

"twenty" and inserting in place thereof the word: — thirty, 



Acts, 1953. —Chaps. 124, 125. 101 

— so as to read as follows : — The total of the indebtedness J°t»i j'^- 
of any such corporation to any individual, estate, trust, cor- of banWng 
poration, association or partnership on account of collected ^°Xd"'^^' 
balances of deposits received under authority of this section 
shall not at any time exceed thirty thousand dollars; but 
this limitation shall not apply to deposits received from said 
governments and agencies thereof and from banking insti- 
tutions and charitable and religious organizations. 

Approved March 4, 1953. 

An Act relative to the establishment of a police Chap. 124l 

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

Be it enacted, etc., as folio ws: 

Section 1. The county of Barnstable may provide and 
maintain a school for the training of deputy sheriffs, con- 
stables and police officers and a bureau of criminal investi- 
gation under the direction of the sheriff of said county. Said 
school and bureau of criminal investigation shall be suitably 
provided with necessary personnel and equipment for the 
furnishing of instruction to deputy sheriffs, constables and 
police officers within said county in the use of firearms, 
criminal investigation and detection, the prosecution of 
criminal cases in court, and such other instruction as may 
be necessary for the thorough training of men in the pre- 
vention, detection and prosecution of crime; also for giving 
technical assistance to said deputy sheriffs, constables and 
police officers in criminal investigations, and for assisting 
the sheriff" in criminal matters. 

Section 2. Employees of the county of Barnstable bu- 
reau of investigation required to wear uniforms shall wear, 
while on duty, uniforms prescribed by the sheriff', which 
shall be furnished at the expense of said county; provided, 
that expenditures for the same are authorized by the county 
commissioners. 

Section 3. Chapter 61 of the acts of 1935 is hereby 
repealed. Approved March 4, 1953. 

An Act authorizing the county of Middlesex to pay Chap. 125 

A SUM of money to RALPH A. NELLSON. 

7)6 it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, the county of Middlesex is hereby authorized to 
pay to Ralph A. Nellson, assistant register of deeds for 
Middlesex county, the sum of four hundred and twenty-four 
dollars and twenty-six cents for work performed as assistant 
register of deeds, payment for which was withheld because 
of a technicahty in his appointment. 

Section 2. This act shall take full effect upon its accept- 
ance by the commissioners of the county of Middlesex, but 
not otherwise. Approved March 4, 1953. 



102 Acts, 1953. — Chaps. 126, 127. 



Chap. 12Q An Act authorizing the county commissioners of essex 

COUNTY TO EXPEND MONEY FOR ADVERTISING THE RECRE- 
ATIONAL, industrial and AGRICULTURAL ADVANTAGES OF 
THE COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Essex county, 
for the purpose of advertising the recreational, industrial and 
agricultural advantages of said county, may expend such 
sums, not exceeding, in the aggregate, ten thousand dollars 
in any one year, as may be appropriated therefor; provided, 
that such expenditures from money so appropriated shall 
not at any time be more than the sum which shall have been 
contributed by public subscription or by donation deposited 
with the count}^ treasurer for the purpose aforesaid. Said 
commissioners shall expend such sums only for advertising 
in newspapers, magazines and the like, or for booklets, maps, 
posters or other forms of advertising. In carrjdng out the 
provisions of this act, the county commissioners may desig- 
nate an agent or agents to act for them who shall serve with- 
out compensation; provided, that all bills incurred shall be 
accompanied by proper vouchers and shall be paid by the 
county treasurer only on warrants approved by the county 
commissioners or a majority of them. Such advertising may 
be carried on in co-operation with the county commissioners 
of one or more other counties thereunto authorized, and the 
county commissioners of such co-operating counties may 
designate a common agent or agents therefor; provided, 
that for advertising so carried on, money shall be expended 
by the co-operating counties in proportion to the sums sev- 
erally appropriated for such purpose for such counties. 

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

Approved March 4, 1953. 

Chap. 121 An Act relative to the retirement allowance of 

NILS SWENSON, A FORMER CUSTODIAN OF THE LIBRARY 
OF THE TOWN OF NATICK. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding an}^ provision of law to 
the contrary, the town of Natick is hereby authorized to 
pay to Nils Swenson, a former custodian of the library of 
said town, known as Morse Institute, a retirement allow- 
ance of fifteen hundred dollars per annum, to be paid from 
and after February first, nineteen hundred and fifty-three. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority of the town meeting members of said 
town present and voting thereon at a regular or special 
town meeting, but not otherwise. 

Approved March 4, 1953. 



Acts, 1953. —Chaps, 128, 129. 103 



An Act relative to the number and terms of office (JJiQrf ^28 

OF MEMBERS OF THE SCHOOL COMMITTEE OF THE CITY 
OF WOBURN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 172 of the acts of 1897 is hereby 
amended by striking out section 28, as amended by section 1 
of chapter 589 of the acts of 1952, and inserting in place 
thereof the following section: — Section 28. The manage- 
ment and control of the public schools of said city of Woburn 
shall be vested in a school committee, consisting of seven 
members, of whom one shall be elected from each ward by 
and from the qualified voters of that ward, to serve for a 
term of four years beginning with the first Monday of 
January next following their election. The school com- 
mittee shall serve without pay, and shall exercise the powers 
and discharge the duties imposed by law upon school com- 
mittees. 

Section 2. At the biennial municipal election in the 
year nineteen hundred and fifty-five, and in every fourth 
year thereafter, there shall be elected seven members of the 
school committee to serve for four years from the first 
Monday of January next following their election and until 
their successors are qualified. 

Section 3. All members of the school committee elected 
at the biennial municipal election in the year nineteen hun- 
dred and fifty-three shall cease to hold office upon the 
qualification of the members elected at the biennial munici- 
pal election in the year nineteen hundred and fifty-five. 

Section 4. This act shall be submitted to the registered 
voters of the city of Woburn at the biennial municipal 
election in the current year in the form of the following 
question, which shall be placed upon the official ballot to 
be used at said election: — "Shall an act passed by the 
general court in the year nineteen hundred and fifty-three, 
entitled 'An Act relative to the number and terms of oflSice 
of members of the school committee of the city of Woburn', 
be accepted?" If a majority of the votes cast on said ques- 
tion is in the affirmative, this act shall take full effect, but 
not otherwise. Approved March 4, 1953. 



An Act increasing the amount which the county com- CJiav. 12^ 

MISSIONERS OF WORCESTER COUNTY MAY BORROW FOR 
ADDITIONAL ACCOMMODATIONS AND FACILITIES FOR THE 
COURTS AND COUNTY DEPARTMENTS OF WORCESTER COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 98 of the acts of 1932 is hereby 
amended by striking out section 2, as amended by chapter 
730 of the acts of 1949, and inserting in place thereof the 
following section: — Section 2. For the purposes aforesaid, 
the treasurer of said county, with the approval of the county 



104 Acts, 1953. — Chap. 130. 

commissioners, may borrow from time to time on the credit 
of the county such sums as may be necessary, not exceeding, 
in the aggregate, two milHon five hundred thousand dollars, 
and may issue bonds or notes of the county therefor, which 
shall bear on their face the words, Worcester County Court 
House Loan, Acts of 1932, 1949 and 1952. 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 com- 
missioners. The county may sell the said securities at public 
or private sale upon such terms and conditions as the county 
commissioners may deem proper, but not for less than their 
par value. Indebtedness incurred under this act shall, 
except as herein provided, be subject to chapter thirty-five 
of the General Laws. 

Section 2. This act shall take effect upon its passage. 
Approved March 5, 1953. 

Chap.lSO An Act relative to the appropriation of funds by the 

TOWN OF HINGHAM TO CONSTRUCT A WATER MAIN AND 
INSTALL NECESSARY CONNECTING EQUIPMENT ALONG ABING- 
TON STREET IN SAID TOWN AND TO PROVIDE FOR THE AP- 
PORTIONMENT OF THE COST THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Chapter 288 of the acts of 1952 is hereby 
amended by striking out section 2 and inserting in place 
thereof the nine following sections: • — ■ Section 2. The town 
of Hingham at any town meeting may appropriate funds 
and may authorize the selectmen by formal vote to provide 
for the construction in said Abington street of the said water 
main and necessary connecting equipment. 

The board of selectmen shall adopt an order stating that 
the total cost of said water main and necessary connecting 
equipment shall be assessed among the estates benefited 
according to the proportion of such total each estate so 
benefited shall have agreed to pay in writing. 

The board of selectmen shall, in its order of assessment, 
designate as the owner of each parcel the person who was 
liable to assessment therefor on the preceding January first, 
under the provisions of chapter fifty-nine of the General 
Laws. The said order which states that the total cost of 
such water main and necessary connecting equipment is to 
be assessed shall contain a description sufficiently accurate 
for identification of the area for the benefit of which the 
construction is to be made, and shall refer to a plan of such 
area and shall contain an estimate of the cost to be appor- 
tioned and assessed on each parcel of land within such area; 
and such order, plan and estimate shall be recorded within 
thirty days from the adoption of the order. 

No costs shall be apportioned for such water main and 
necessary connecting equipment unless the order, plan and 



Acts, 1953. — Chap. 130. 105 

estimate are recorded as herein provided, nor upon any 
parcel of land not within such area nor for a greater amount 
than the actual costs. 

Within a reasonable time after making the assessment the 
board of selectmen shall certify to the assessors the list of 
assessments upon land in the town, who shall forthwith 
commit such assessments, with their warrant, to the collector 
of taxes thereof, and he shall forthwith send notice in ac- 
cordance, except as to the date of the notice, with section 
three of chapter sixty of the General Laws to the person 
designated in the order of assessment as the owner of each 
parcel assessed, and any demand for the payment of such 
assessment shall be made upon such person. 

Except as otherwise herein provided, the collector shall 
have the same powers and be subject to the same duties with 
respect to such assessments as in the case of the annual 
taxes upon real estate ; and the law relative to the collection 
of the annual taxes, to the sale of land for the non-payment 
thereof, and to redemptions therefrom, shall apply to assess- 
ments made under this act so far as the same are applicable, 
but the owner of the land herein authorized to be assessed 
shall not be personally liable for the assessment thereon. 

After the collector of taxes receives a list and warrant 
from the assessors, he shall collect the assessment herein 
set forth, and at such times as the assessors shall direct pay 
over to the treasurer of the town the amounts collected by 
him. 

Section S. Assessments made under this act shall consti- 
tute a lien upon the land assessed. The lien shall take effect 
upon the recording of the order stating that total costs are 
to be assessed for the improvement. Except as otherwise 
provided, such lien shall terminate at the expiration of two 
years from October first in the year in which the assessment 
is first placed on the annual tax bill under section thirteen 
of chapter eighty of the General Laws, or, if an assessment 
has been apportioned, from October first in the year in 
which the last portion is so placed upon the annual tax bill, 
whichever is later, if in the meantime in either case the estate 
has been alienated and the instrument alienating the same 
has been recorded. If there is no recorded alienation within 
such period, the lien shall continue until there is a recorded 
ahenation. If the validity of an assessment made under 
this act is called in question in any legal proceeding to which 
the board which made the assessment or the body politic 
for the benefit of which it was made is a party, instituted 
prior to the expiration of the lien therefor, the lien shall 
continue until one year after the validity of the assessment is 
finally determined, even though an alienation be recorded 
in the meantime. If at any time while a lien estabhshed by 
this section is in force, a sale or taking cannot, in the opinion 
of the collector, be legally made because of any federal or 
state law or because of any injunction or other action of, or 
proceeding in, any federal or state court or because of the 



106 Acts, 1953. — Chap. 130. 

action of any administrative body, the lien shall, if the 
statement provided for in section thirty-seven A of chapter 
sixty of the General Laws is filed, continue as provided in 
said section thirty-seven A, subject, however, to any lawful 
action under any paramount authority conferred by the 
constitution or laws of the United States or the constitution 
of the commonwealth. If the time for payment of an assess- 
ment is extended under section thirteen A of chapter eighty 
of the General Laws, the hen shall, if the statement provided 
for in said section thirty-seven A of said chapter sixty is 
filed, continue as provided in said section thirty-seven A. 

Section 4- Assessments made under this act shall bear 
interest at the rate of four per cent per annum from the 
thirtieth day after the assessments have been committed to 
the collector. The assessors shall add each year to the 
annual tax assessed with respect to each parcel of land all 
assessments, constituting liens thereon, which have been 
committed to the collector prior to January second of such 
year and which have not been apportioned as hereinafter 
provided, remaining unpaid, as certified to them by the 
collector, when the valuation list is completed, with interest 
to the date when interest on taxes becomes due and payable. 
At any time before demand for payment by the collector 
and before the completion by the assessors of the valuation 
list for the year in which such assessments will first appear on 
the annual tax bill, the board of assessors may, and at the 
request of the owner of the land assessed shall, apportion 
all assessments made under this act into such number of 
equal portions, not exceeding ten, as is determined by said 
board or as is requested by the owner, as the case may be, 
but no one of such portions shall be less than five dollars; 
provided, that, if an original assessment exceeds one hundred 
dollars and has been placed upon the annual tax bill, the 
board of assessors may in its discretion, upon the request of 
the owner made prior to a sale or taking of the land for the 
non-payment of such assessment and upon payment of any 
necessary intervening charges and fees and such portions of 
such assessment as would have become due and payable if 
the request for apportionment had been seasonably made, 
apportion the said assessment as aforesaid, and if any other 
tax or assessment constituting a lien upon the parcel to 
which the assessment so apportioned relates remains unpaid 
after such apportionment, the collector may institute pro- 
ceedings anew for the sale or taking of such parcel at any 
time prior to the expiration of the lien, or of a period of 
twenty days after such apportionment, whichever is the later. 
The assessors shall add one of said portions, with interest on 
the amount remaining unpaid from thirty days after the 
commitment of the original assessment to the collector to 
the date when interest on taxes becomes due and payable, to 
the first annual tax upon the land and shall add to the 
annual tax for each year thereafter one of said portions and 
one year's interest on the amount of the assessment remaining 



Acts, 1953. — Chap. 130. 107 

unpaid until all such portions shall have been so added; all 
assessments and apportioned parts thereof, and interest 
thereon as herein provided, which have been added to the 
annual tax on any parcel of land shall be included in the 
annual tax bill thereon. After an assessment or a portion 
thereof has been placed on the annual tax bill, the total 
amount of said bill shall be subject to interest under and in 
accordance with the provisions of section fifty-seven of 
chapter fifty-nine of the General Laws. 

Notwithstanding a prior apportionment, the assessors, 
upon written application of the owner of the land assessed, 
shall order that the amount remaining unpaid of anj'- assess- 
ment be payable in full forthwith and shall commit said 
amount, together with interest thereon from thirty days 
after the commitment of the original assessment, with their 
warrant therefor, to the collector for collection. 

Section 5. The board making the order for the assess- 
ment of any betterment upon land which is not built upon 
may extend the time of payment of the assessment until 
it is built upon or for a fixed time; but interest at the rate 
of four per cent per annum shall be paid annually upon the 
assessment from the time it was made, and the assessment 
shall be paid within three months after such land is built 
upon or at the expiration of such fixed time. 

Section 6. If land which is subject to a lien for an assess- 
ment made under this act is subsequently divided by sale, 
mortgage, partition or otherwise, and such division has 
been duly recorded in the registry of deeds, the board, before 
the land has been advertised for sale for non-payment of the 
assessment, may, or upon the written request of the owner 
or mortgagee of a portion thereof, accompanied by a plan 
sufficient for the identification of the division of the whole 
estate, with the names of the different owners thereof, shall 
divide said assessment or the amount thereof remaining un- 
paid, and the costs and interests accrued thereon, among the 
several parcels into which said land has been divided, assess- 
ing upon each parcel the part of the original assessment 
remaining unpaid proportionate to the special benefit re- 
ceived by such parcel from the improvement. After such 
assessment has been so divided, only the part of the assess- 
ment, interest and costs assessed upon each parcel shall 
constitute a lien upon such parcel. At least seven days 
prior to making such division, the board shall send by 
registered mail to all owners of any interest in the land 
assessed, whose addresses are known to them, a notice of 
their intention to make such division and of the time ap- 
pointed therefor, unless such notice has been waived. A 
person aggrieved by any action of the board under this 
section shall have the same remedy as a person aggrieved 
by the refusal of the board to abate an assessment. 

Section 7. If an assessment is invalid and has not been 
paid in full or has been paid under such circumstances that 
it can be recovered back, it may be reassessed by the board 



108 Acts, 1953. — Chap. 131. 

in the amount for which the original assessment ought to 
have been made, at any time before the expiration of two 
years from the date of the assessment, if the land has in the 
meantime been alienated; otherwise at any time before the 
alienation thereof. Such assessment shall be a lien upon 
any sum paid on account of the original assessment, and to 
the extent that it is not thereby satisfied shall be a lien upon 
the land. It shall be collected in the same manner as an 
original assessment, and shall in all other respects be subject 
to this act. 

Section 8. Whenever a formal vote or order for the 
construction of said water main and the installation of the 
necessary connecting equipment states that the costs are to 
be apportioned and assessed under this act, no other better- 
ments or apportionments shall be assessed except under this 
act, and all proceedings relating to such apportionment 
shall be as herein provided, notwithstanding any other 
provision of law. 

Section 9. At any time prior to authorization by the 
town of Hingham and final action by its selectmen under 
section two, the joint board of water commissioners of 
Abington and Rockland may construct such main and 
equipment; provided, that arrangements have been made 
satisfactory to the board for payment therefor in full by 
residents or landowners on Abington street or others at 
interest. 

Section 10. The said joint board of water commissioners 
shall maintain and repair such main and facilities. 

Section 2. This act shall take effect upon its passage. 
Approved March o, 1953. 

ChaV. 1^1 -^^ ^^'^ AUTHORIZING THE TRUSTEES OF THE BRISTOL COUNTY 
TUBERCULOSIS HOSPITAL TO PROVIDE LIVING QUARTERS FOR 
THE SENIOR PHYSICIAN AT SAID HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing necessary ^ 
living quarters for the senior physician at the Bristol county 
tuberculosis hospital, in the city of Attleboro, the trustees 
of said hospital may construct, equip and furnish a house 
adjacent to said hospital, to be the official residence of the 
senior physician at said hospital and may expend therefor a 
sum not exceeding thirty-five thousand dollars. 

Section 2. For the purposes aforesaid, the treasurer of 
said county, with the approval of said trustees, may borrow 
upon the credit of the county such sums as may be necessary, 
not exceeding, in the aggregate, thirty-five thousand dollars, 
and may issue notes of the county therefor, which shall bear 
on their face the words, Bristol County Tuberculosis Hos- 
pital Loan, Act of 1953, and such notes shall be payable in 
not more than five years from their dates. Such notes shall 
be signed by the treasurer of the county and countersigned 
by a majority of said trustees. Said securities may be sold 



Acts, 1953. — Chap. 132. 109 

at public or private sale upon such terms and conditions as 
said trustees may deem proper, but not for less than their 
par value. All money so borrowed shall be deposited in the 
county treasury and the county treasurer shall pay out the 
same as ordered by said trustees. The county treasurer shall 
keep a separate account of all money so borrowed and ex- 
pended. Indebtedness under this act shall, except as here- 
inafter provided, be subject to chapter thirty-five of the 
General Laws. All sums necessary to meet interest pay- 
ments on notes issued under this act and payments on ac- 
count of principal as the same mature shall be assessed upon 
the towns and cities constituting the hospital district, with 
other assessments made under section eighty-five of chapter 
one hundred and eleven of the General Laws. 

Section 3. The treasurer of said county, with the ap- 
proval of said trustees, may issue temporary notes of the 
county, payable in not more than one year from their dates, 
in anticipation of the issue of notes under section two of this 
act, and may renew the same; but the time within which 
such notes shall become due and payable shall not, by reason 
of such temporary notes, be extended beyond the time fixed 
by said section two. Any notes issued under this section 
in anticipation of the notes issued under section two shall 
be paid from the proceeds thereof. 

Section 4. Section thirty-eight of chapter thirty-five of 
the General Laws, so far as applicable, shall apply to pro- 
posals for the purchase and sale of notes authorized to be 
issued under this act. 

Section 5. This act shall take full effect upon its ac- 
ceptance during the current year by the trustees of the 
Bristol county tuberculosis hospital, but not otherwise. 

Approved March 5, 1953. 

An Act requiring natural gas pipe line companies to Chap. 132 

PLACE MARKERS ON CERTAIN LAND TO DESIGNATE THE LO- 
CATION OF PIPES OR OTHER UNDERGROUND EQUIPMENT OR 
STRUCTURES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 164 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 75F, inserted by chapter new^'§V^5\ 
192 of the acts of 1952, the following section: — Section 75G. &<iAed. 
Any natural gas pipe line company which lays pipes or other Markers 
underground equipment or structures on any land on which iCcltrol''ff 
it does not have a fee, shall, within sixty days after laying underground 
such pipe, equipment or structure, mark on the land, in such nSur'afgas*' 
manner as not to interfere with the use of such land, the companies, 
actual location of such pipe, equipment or structure and required, 
furnish the owner of the land, within thirty days after the 
owner makes a written request therefor, with an accurate 
plan, suitable for recording or registration, showing the exact 
location of the pipe line easement with reference to the 
bounds and boundaries of the land. This obligation shall be Remedy. 



110 Acts, 1953. — Chap. 133. 

specifically enforceable in equity by the supreme judicial or 
superior court upon application of the owner of the land, 
and in such proceeding the owner may recover the damages 
occasioned by or resulting from the failure or delay of the 
company in complying with the provisions of this section. 

Section 2. Any natural gas pipe hne company, which 
has laid pipes or other underground equipment or structures 
prior to the effective date of this act, shall mark the land as 
provided by section one of this act within sixty days after 
said effective date, and shall furnish the owner, upon his 
written request at any time after said effective date, with a 
plan as provided in said section one. The provisions of this 
section requiring the marking of land and the furnishing of 
a plan to the owner shall be specifically enforceable as pro- 
vided by section seventy-five G of chapter one hundred and 
sixty-four of the General Laws, inserted by section one of 
this act. Approved March 5, 1958. 

Chav. 13S ^N Act providing for party nominations for elective 

MUNICIPAL OFFICERS IN THE CITY OF WALTHAM. 

Be it enacted, etc., as follows: 

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

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

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

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

Section 5. This act shall be submitted to the registered 
voters of the city of Waltham at the municipal election to 
be held in the current year in the form of the following 
question, which shall be placed on the official ballot to be 
used at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-three, entitled 
'An Act providing for party nominations for elective mu- 



Acts, 1953. — Chaps. 134, 135, 136. Ill 

nicipal officers in the city of Waltham', be accepted?" If a 
majority of the votes in answer to said question is in the 
affirmative, this act shall thereupon take full effect, but not 
otherwise. Approved March 5, 1953. 

An Act relative to the cost of construction of sewer- QJidj) J34 

AGE WORKS FOR THE SOUTH ESSEX SEWERAGE DISTRICT. 

Be it enacted, etc., as follows: 

Section 3 of chapter 431 of the acts of 1945 is hereby 
amended by striking out the first sentence, as appearing in 
chapter 183 of the acts of 1950, and inserting in place thereof 
the following sentence : — The cost of construction and 
other work authorized under this act shall not exceed the 
sum of nine hundred thousand dollars. 

Approved March 6, 1953. 

An Act further regulating the entry to be made in Qjid^) 135 

THE register OF A RECREATIONAL CAMP, OVERNIGHT ^' 

CAMP, CABIN, MOTEL OR TRAILER CAMP, 

Be it enacted, etc., as follows: 

Section 29 of chapter 140 of the General Laws, as appear- q. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by ^^■^^]^^^' ^ ^^■ 
inserting after the word "hotel", in line 3, the words: — , ™^ 
recreational camp, overnight camp, cabin, motel or trailer 
camp, — so as to read as follows : — Section 29. No person Emry 9f true 
shall write or cause to be written, or if in charge of a register names m ^ 
knowingly permit to be written, in any register in any lodg- certlin lodg- 
ing house or hotel, recreational camp, overnight camp, rel^ji^ed." 
cabin, motel or trailer camp, any other or different name or 
designation than the true name or name in ordinary use of 
the person registering or causing himself to be registered 
therein. No person occupying such room shall fail to 
register or fail to cause himself to be registered. Whoever Penalty, 
violates any provision of this section shall be punished by 
a fine of not less than ten nor more than twenty-five dollars. 

Approved March 5, 1953. 

An Act regulating the sale of horse meat. Chap. 136 

Be it enacted, etc., as follows: 

Chapter 94 of the General Laws is hereby amended by g. l, (Ter. 
striking out section 151 A, inserted by chapter 189 of the f isilfetc, 
acts of 1948, and inserting in place thereof the following amended, 
section: — Section 151 A. Whoever, himself or by his agent, Saie of horse 
sells or exposes or offers for sale in a retail store horse meat ^H^ ^^^'^' 
which does not have attached thereto in a conspicuous 
place a sign or label bearing in printed letters in a straight 
line of plain gothic type not less than one inch high the 
words "horse meat", and whoever serves horse meat or 
causes it to be served at any lunch counter or in any restau- 
rant, hotel, boarding house, convalescent home, hospital or 



112 



Acts, 1953. — Chaps. 137, 138. 



like place, to a guest, patron or patient thereof, without 
notifying said guest, patron or patient that horse meat is 
being served to him shall be punished by a fine of not less 
than ten nor more than fifty dollars. 

Approved March 6, 1953. 



G. L. (Ter. 
Ed.). 71, § 1, 
amended. 



public schools, 
required. 



Chap. 1S7 An Act requiring instruction in music in the public 

SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1 of chapter 71 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by insert- 
ing after the word "drawing" in line 8 the word: — , music, 
— so as to read as follows : — Section 1 . Every town shall 
maintain, for at least one hundred and sixty days in each 
school year unless specifically exempted as to any one year 
by the department of education, in this chapter called the 
department, a sufficient number of schools for the instruc- 
tion of all children who may legally attend a public school 
therein. Such schools shall be taught by teachers of com- 
petent ability and good morals, and shall give instruction 
and training in orthography, reading, writing, the English 
language and grammar, geography, arithmetic, drawing, 
music, the history and constitution of the United States, 
the duties of citizenship, physiology and hygiene, good be- 
havior, indoor and outdoor games and athletic exercise. In 
connection with physiology and hygiene, instruction as to 
the effects of alcoholic drinks and of stimulants and narcotics 
on the human system, and as to tuberculosis and its preven- 
tion, shall be given to all pupils in all schools under public 
control, except schools maintained solely for instruction in 
particular branches. Such other subjects as the school com- 
mittee considers expedient may be taught in the public 
schools. Approved March 5, 1953. 



Chav.lSS An Act to provide for an additional court officer in 

THE DISTRICT COURT OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section 1. Section 62 of chapter 218 of the General 
Laws, as most recently amended by chapter 668 of the acts 
of 1949, is hereby further amended by inserting after the 
word "Springfield", in line 18, the words: — , the district 
court of Somerville, — so as to read as follows : — Section 62. 
In the municipal court of the city of Boston the court officers 
appointed shall not exceed ten for criminal business, one of 
whom shall be designated by the chief justice as chief court 
officer of said court for criminal business and one as an 
assistant chief court officer, nor five for civil business, one 
of whom shall be designated by said chief justice as chief 
court officer of said court for civil business ; in the municipal 
court of the Roxbury district five court officers may be ap- 
pointed ; in the third district court of Eastern Middlesex, in 



G. L. (Ter. 
Ed.), 218, 
§ 62, etc., 
amended. 



District 

court officers. 



Acts, 1953. — Chaps. 139, 140. 113 

the municipal court of the Dorchester district and in the 
municipal court of the West Roxbury district three court 
officers may be appointed; in the municipal court of the 
South Boston district, of the Charlestown district, the East 
Boston district court, the district court of Chelsea, the cen- 
tral district court of Worcester, the first district court of 
Eastern Middlesex, the second district court of Eastern 
Middlesex, the district court of Springfield, the district court 
of Somerville and the district court of East Norfolk two court 
officers for each court may be appointed; and in each of 
the other district courts in the commonwealth one court 
officer may be appointed. 

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

Approved March 6, 1953. 



C/iap. 139 



An Act to extend the coverage provided by the work- 
men's COMPENSATION LAW TO INCLUDE SPECIAL AND RE- 
SERVE POLICE OFFICERS EMPLOYED BY CONTRACTORS UNDER 
CONTRACTS TVITH CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

The second paragraph of subdivision (4) of section 1 of g. l. (Ter. 
chapter 152 of the General Laws, inserted by section 1 of etci^'ammded. 
chapter 109 of the acts of 1951, is hereby amended by in- 
serting after the word "commission", in line 8, the words: — 
or any city or town, — and by inserting after the word 
"commission", in line 10, the words: — or city or town, — 
so as to read as follows : — 

Notwithstanding the provisions of section one hundred of ^n^p^gatLn 
chapter forty-one, any reserve or special police officer who law to apply 
is employed by a contractor for the purpose of directing or poUcrofficera. 
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 or any city or town, and 
who is paid directly for such services by a contractor en- 
gaged in the performance of such a contract with said de- 
partment or commission or city or town, shall be conclu- 
sively presumed to be an employee of such contractor 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. Approved March 5, 1953. 

An Act authorizing the town of dighton to retire and Chav.1^0 

' PAY A pension to DWIGHT LANE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of his long and meritorious serv- 



114 



Acts, 1953. — Chap. 141. 



ice as town treasurer, the town of Dighton is hereby au- 
thorized to retire and pay a pension to Dwight Lane, town 
treasurer of said town. The amount of the pension shall be 
ten hundred dollars per annum and shall be paid in equal 
monthly instalments during his lifetime. 

Section 2. Any action taken at a town meeting in 
Dighton in the current year pursuant to authority contained 
in this act shall be as valid and effective as though this act 
was in full effect at the time of the posting of the warrant 
for said meeting. 

Section 3. This act shall take full effect upon its accept- 
ance by a majority vote of the selectmen of the town of 
Dighton. Approved March 5, 1953. 



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



Amount of 
deposits in 
savings banks, 
limited. 



Chaj). 14:1 An Act increasing the maximum amount of deposits 

WHICH MAY BE RECEIVED BY A SAVINGS BANK. 

Be it enacted, etc., as follows: 

Section 1. Chapter 168 of the General Laws is hereby 
amended by striking out section 31, as most recently amended 
by section 1 of chapter 45 of the acts of 1947, and inserting 
in place thereof the following section : — Section 31 . Such 
corporation may receive on deposit from any person not 
more than seventy-five hundred dollars; and may allow in- 
terest upon such deposits, and upon the interest accumulated 
thereon, until the principal, with the accrued interest, 
amounts to fifteen thousand dollars ; and thereafter upon no 
greater amount than fifteen thousand dollars; but this sec- 
tion shall not apply to deposits by a religious or charitable 
corporation or labor union, or credit union, or fraternal bene- 
fit society, or in the name of a judge of probate, or by order 
of any court, or on account of a sinking fund of a town in 
the commonwealth or of any trust fund held by a town for 
public uses, or of the funds of any state, county or municipal 
retirement or pension system or association, or of the funds 
of the Savings Banks Employees Retirement Association. 

Section 2. Said chapter 168 is hereby further amended 
by striking out section 31 A, as most recently amended by 
section 2 of said chapter 45, and inserting in place thereof 
the following section : — Section 31 A. Such corporation may 
receive deposits on joint accounts provided for in section 
fourteen of chapter one hundred and sixty-seven to the 
amount of fifteen thousand dollars, and maj^ allow interest 
upon such deposits and upon the interest accumulated 
thereon until the principal with the accrued interest amounts 
to thirty thousand dollars, and thereafter upon no greater 
amount than thirty thousand dollars. Persons having such 
joint accounts may also make deposits in their individual 
names, but the total amount of such deposits, both joint and 
individual, shall not exceed fifteen thousand dollars, and 
such corporation may allow interest upon such deposits and 
upon the interest accumulated thereon until the principal 



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

Same subject. 

Joint 

accounts. 



Acts, 1953. — Chaps. 142, 143, 144. 115 

with the accrued interest on all said accounts amounts to 
thirty thousand dollars, and thereafter upon no greater 
amount than thirty thousand dollars. 

Approved March 5, 1953. 

An Act authorizing medical service corporations to Chap. 142 

CONTRACT with OTHER MEDICAL SERVICE CORPORATIONS 
TO FACILITATE THE PROVISION OF CERTAIN MEDICAL 
SERVICE. 

Be it enacted, etc., asfolloios: 

Section 3 of chapter 176B of the General Laws is hereby g. l. (Ter. 
amended by adding at the end the following paragraph : — f t^kmended. 

Any medical service corporation may join with any other Certain con- 
medical service corporation organized either under the laws medica^service 
of the commonwealth or of any other state for the purpose ^uthorizeT^' 
of establishing or maintaining an agency or corporation de- 
signed to facilitate the provision of medical service for resi- 
dents of the commonwealth employed by firms having em- 
ployees located in more than one state. 

Approved March 6, 1953. 

An Act to provide for the joint or co-operative writ- Chav.l4?> 

ING AND ISSUING OF SUBSCRIPTION CERTIFICATES BY 
HOSPITAL SERVICE CORPORATIONS AND MEDICAL SERVICE 
CORPORATIONS. 

Be it enacted, etc., as follows: 

The last paragraph of section 3 of chapter 176B of the g. l. (Ter. 
General Laws, inserted by chapter 359 of the acts of 1948, f 3;^;ti?^' 
is hereby amended by inserting after the word "affairs", in amended. 
line 4, the words : — and for the joint or co-operative writing 
and issuing of subscription certificates, — so as to read as 
follows : — 

Any medical service corporation may contract with a subscription 
corporation formed under chapter one hundred and seventy- 
six A for the joint or co-operative administration of their 
affairs and for the joint or co-operative writing and issuing 
of subscription certificates. Approved March 5, 1953. 

An Act reviving Springfield union publishing company. Chap. 144 

Be it enacted, etc., asfolloios: 

Springfield Union Publishing Company, a corporation 
dissolved on July twentieth, nineteen hundred and forty by 
decree of the supreme judicial court, is hereby revived with 
the same powers, duties and obligations as if said decree had 
not been entered ; and all acts and proceedings of the officers, 
directors and stockholders of said corporation acting as such 
which would have been legal and valid but for said decree of 
dissolution are hereby ratified and confirmed. 

Approved March 5, 1953. 



116 Acts, 1953. — Chaps. 145, 146, 147. 



Chap. 14:5 An Act reviving union newspaper company. 

Be it enacted, etc., as follows: 

Union Newspaper Company, a corporation dissolved on 
March twenty-eighth, nineteen hundred and forty-one by 
decree of the supreme judicial court, is hereby revived with 
the same powers, duties and obhgations as if said decree had 
not been entered; and all acts and proceedings of the officers, 
directors and stockholders of said corporation acting as such 
which would have been legal and valid but for said decree of 
dissolution are hereby ratified and confirmed. 

Approved March 5, 1953. 

Chap.l4:6 An Act relative to the rank and qualifications of the 

AIDES-DE-CAMP OF THE COMMANDER-IN-CHIEF. 

Be it enacted, etc., as follows: 

Edt'aJ^'^' Chapter 33 of the General Laws is hereby amended by 

§15,' etc., striking out section 15, as amended by chapter 362 of the 
amended. ^^^^ ^^ jg^y^ ^^^^ inserting in place thereof the following 

Aides-de- sectiou : — Section 15. The aides-de-camp of the com- 

camp. mander-in-chief shall consist of such appointed or detailed 

aides as the governor shall deem necessary. Officers de- 
tailed under this section shall not be relieved from their 
ordinary duties except when actually on duty with the 
governor. 
Qualifications. The aides-de-camp shall be commissioned and hold office 
until their successors are qualified. They may be removed 
at any time by the commander-in-chief. 

No person shall be ehgible to appointment as such aide- 
de-camp unless the individual so appointed shall have served 
at least two years in the armed services of the United States 
in time of war or national emergency, or the organized militia 
of the commonwealth. Approved March 5, 1953. 



Chap. 14:7 An Act authorizing the city of brockton to borrow 

MONEY for water PURPOSES. 

Be it enacted, etc., as folloios: 

Section 1. The city of Brockton, for the purpose of pay- 
ing necessary expenses and liabihties incurred for the pur- 
pose of improving its water supply system, and in order to 
increase its water supply, and more particularly without 
limiting the generality of the foregoing for the installation 
of (1) new 42-inch intake at Silver lake; (2) new screen 
chamber and low-lift pumping station at Silver lake; (3) new 
high-lift pumping facilities at Silver lake; (4) new booster 
pumping station at Brown's crossing; (5) certain new re- 
inforcing mains 16 inches or larger; and for the further pur- 
pose of cleaning and cement lining of mains sixteen inches 
and larger in the distribution system, may borrow from time 
to time, within five years from the passage of this act, such 



Acts, 1953. —Chap. 148. 117 

sums as may be necessary, not exceeding, in the aggregate, 
one million five hundred thousand dollars, and may issue 
bonds or notes of the city therefor which shall bear on their 
face the words, Brockton Water Loan, Act of 1953. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than thirty years from their 
dates. Indebtedness incurred under this act shall be within 
the statutory limit for purposes mentioned in clauses (3), 
(4), (5), (6) and (7) of section eight of chapter forty-four of 
the General Laws, as set forth in the last paragraph of sec- 
tion eight of said chapter forty-four, and, except as other- 
wise provided herein, shall be subject to the provisions of 
chapter forty-four of the General Laws. 

Section 2. This act shall take effect upon its passage. 
Approved I\Iarch 6, 1953. 

An Act ratifying and confirming the sale of certain QhQ^^ ^40 

LAND BY THE MALDEN HOUSING AUTHORITY TO THE CITY ^' 

OF MALDEN AND AUTHORIZING SAID CITY TO USE A PORTION 
THEREOF FOR SCHOOL PURPOSES. 

Be it enacted, etc., asfolloivs: 

Section L The conveyance by the Maiden Housing Au- 
thority to the city of Maiden of the parcel of land described 
in a deed dated May third, nineteen hundred and forty-nine 
and recorded with Middlesex South District Registry of 
Deeds in book 7997, page 125, is hereby authorized, ap- 
proved, ratified and confirmed; said land being more par- 
ticularly designated as Parcel A and is bounded and de- 
scribed as follows : — Beginning at the southeast corner of 
land known as Huntings Field, thence running westerly one 
hundred thirty-five and fifteen one hundredths feet; thence 
turning and running southwesterly, one hundred two and 
two one hundredths feet by said Huntings Field; thence 
turning about and running easterly two hundred twenty- 
eight and forty-nine one hundredths feet by land of said 
Authority; thence turning and running northerly, sixty-four 
and forty-three one hundredths feet to the point of beginning ; 
and being parcel numbered sixteen with the buildings thereon, 
on a plan of land in Maiden, R. T. Ricker, Registered En- 
gineer, dated January seventeen, nineteen hundred and forty- 
nine, on file in the office of said Authority. Containing, ac- 
cording to said plan, nine thousand four hundred ninety 
square feet. 

Section 2. The city of Maiden is hereby authorized to 
use for school purposes that portion of the land described 
in section one as is hereinafter described and designated as 
Parcel B : — Beginning at a point on the westerly side of 
Wescott street extended and land of the Maiden Housing 
Authority and running westerly by land of said Plousing 
Authority one hundred eighteen and fifteen one hundredths 
feet; thence turning and running northerly by other land of 
the city of Maiden forty-seven and twenty-two one hun- 



118 Acts, 1953. —Chaps. 149, 150. 

dredths feet; thence turning and running easterly by land 
of the city of Maiden park department one hundred eighteen 
and fifty-four one hundredths feet to Wescott street extended ; 
thence turning and running southerly by Wescott street ex- 
tended sixty-four and forty-three one hundredths feet to 
the point of beginning. Containing six thousand five hun- 
dred eighty-seven square feet. 

Section 3. This act shall take effect upon its passage. 
Approved March 6, 195S. 

Chap.\4Q An Act authorizing certain towns to provide certain 

INSURANCE AGAINST EXTRAORDINARY WORKMEN'S COMPEN- 
SATION LOSSES. 

Be it enacted, etc., as follows : 

Ed.t.'lJl's, Clause (1) of section 5 of chapter 40 of the General Laws, 
etc., 'amended, as amended, is hereby further amended by inserting at the 
end the following : — , or to pay a proper charge for effect- 
workmen's^'^^ iug insurance to cover the town's habihty to pay workmen's 
compensation compensatiou, or, if the town has elected to establish and 
maintain an insurance fund to pay workmen's compensation 
under section thirteen A of this chapter, to pay a proper 
charge for aggregate excess or single accident reinsurance to 
protect the town from extraordinary workmen's compensa- 
tion losses. Approved March 6, 1953. 

Chap. 150 An Act extending the boundaries of the bourne water 
district in the town of bourne. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 441 of the acts of 1938, 
as amended by chapter 35 of the acts of 1939, is hereby fur- 
ther amended by inserting after the word "Island" in hne 
13, as appearing in said chapter 441 the following: — , and 
the territory comprised within the following boundary hnes, 
to wit : — Beginning at the Cape Cod canal at a point 
fifteen hundred feet easterly of the center hne of the Bourne 
Highway bridge over the Cape Cod canal and running 
southerly by a line fifteen hundred feet east of the center fine 
of the state highway, known as Route 28, to a point of inter- 
section with the line of the Mihtary Reservation ; and thence 
continuing southerly by the westerly line of the Military 
Reservation, as shown on the Reservation Map — Camp 
Edwards, Scale 1:10,000 dated May 15, 1941, Plan # 6863- 
578, — to its point of intersection with the Falmouth Town 
Line; thence westerly by the Falmouth Town Line to Buz- 
zards Bay; thence northerly by the shore Hne of Buzzards 
Bay, including all adjacent islands, as appearing on the plan 
hereinafter referred to, to the Cape Cod canal; thence 
easterly along the south bank of the Cape Cod canal to the 
point of beginning, said territory being shown on the map of 
the Bourne Water District dated January, nineteen hundred 



Acts, 1953. —Chaps. 151, 152. 119 

and forty, by Whitman & Howard, as revised by Newell 
Snow in September, nineteen hundred and fifty-two. 

Section 2. This act shall take effect upon its acceptance 
by the voters of the territory included within the Bourne 
Water District at a special meeting called for the purpose. 

Approved March 6, 1953. 



An Act authorizing the town op Kingston to furnish Chap. 151 

AND SELL WATER TO CERTAIN INHABITANTS OF THE TOWN 
OF DUXBURY. 

Be it enacted, etc., as follows: 

Section 1. The town of Kingston may furnish and sell 
water to the inhabitants of the town of Duxbury residing 
within two thousand feet of the Kingston town line and not 
served by the Duxbury Fire and Water District, at a rate 
or rates as may be mutually agreed upon by the selectmen 
of the town of Duxbury and the board of water commis- 
sioners of the town of lungston, or, in case of failure to 
agree, as may be fixed by the state department of pubhc 
utilities. The town of Ivingston may, at its own expense, 
make such extensions of its water mains and such installa- 
tions of other facihties and equipment within the limits of 
the town of Duxbury as may be necessary for the purposes 
of this act; provided, that such extensions and installations 
as are made by the town of Kingston within the limits of 
the town of Duxbury shall be subject in all respects to the 
approval of the selectmen of the town of Duxbury. 

After the expiration of ten years from the effective date 
of this act if the town of Duxbury or the Duxbury Fire and 
Water District be prepared to furnish water service to the 
inhabitants of said area it may take over the service of said 
area upon reimbursing the town of Kingston for the reason- 
able expenses incurred by said town in extending its water 
mains and instalhng other facihties and equipment as au- 
thorized by this act. 

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

Approved March 6, 1953. 



An Act relative to an annuity for sarah c. o'brien. Chap. 152 
Be it enacted, etc., as follows: 

Section 1. Chapter 587 of the acts of 1952 is hereby 
repealed. 

Section 2. No annuity shall be paid by the city of Mai- 
den to Sarah C. O'Brien, widow of the late Michael Joseph 
O'Brien. 

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

Approved March 6, 1953. 



120 



Acts, 1953. — Chaps. 153, 154, 155, 156. 



G. L. (Ter. 
Ed.). 31, § 1, 
etc., amended 



Appointing 
authority" o 
"appointing 
officer", 
defined. 



Chap. 153 An Act further defining the meaning of the terms 
"appointing authority" or "appointing officer", as 
used in the civil service laws. 
Be it enacted, etc., as follows: 

Section 1 of chapter 31 of the General Laws, as most 
recently amended by section 1 of chapter 703 of the acts 
of 1945, is hereby further amended by striking out the para- 
graph defining "Appointing authority" or "appointing offi- 
cer", and inserting in place thereof the following: — 

"Appointing authority" or "appointing officer", any per- 
son, board or commission having the power of appointment 
or employment or, if any such board or commission having 
one or more unpaid members delegates one or more of its 
members to exercise one or more of the duties imposed, or 
of the powers confei'red, by this chapter, such member or 
members to the extent of such delegation. 

Approved March 6, 1953. 

Chap. 154: An Act to establish more restrictive standards on 

TESTING OF ELECTRIC METERS. 

Be it enacted, etc., as follows: 

Section 120 of chapter 164 of the General Laws, as appear- 
ing in the Tercentenary Edition, .is hereby amended by 
striking out the fifth sentence and inserting in place thereof 
the following sentence : — A meter shall be deemed correct 
for the purposes of this section if it appears from such exam- 
ination or test that it does not vary more than two per cent 
from the standard approved by the department. 

Approved March 7, 1953. 



G. L. (Ter 
Ed.), 164, 
§ 120, 
amended. 



Testing 
standards of 
electric meters, 
established. 



Chap. 155 An Act authorizing the town of marblehead to pay 

AN annuity to EDITH S. CHAPMAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the town of Marblehead is hereby authorized to pay 
to Edith S. Chapman, widow of S. Irving Chapman, former 
chief of the police department of said town, an annuity for 
life in the sum of twelve hundred dollars, the same to be 
paid in equal monthly instalments. 

Section 2. This act shall take full efTect upon its ac- 
ceptance 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 9, 1953. 



C hap. 15Q An Act further defining short lobsters, regulating 
the sale and possession thereof, and relative to 

THE measurements OF LOBSTERS. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make its provisions effective 
forthwith, therefore it is hereby declared to be an emergency 



Acts, 1953. — Chap. 157. 121 

law, necessary for the immediate preservation of the pubhc 
convenience. 

Be it enacted, etc., as follows: 

Chapter 130 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 44, as most recently amended by section fH; etc.', 
1 of chapter 408 of the acts of 1951, and inserting in place amended. 
thereof the following section : — Section 44- Whoever sells, Penalty for 
or offers for sale, or has in possession for a period longer than llsllon^ltc, 
is necessary for measuring, or for any purpose other than °l^^^lll 
legally disposing of same, a lobster measuring less than three 
and three sixteenths inches in length, aUve or dead, cooked 
or uncooked, measured from the rear of the eye socket along 
a line parallel to the center hne 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 com- 
monwealth. 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 
transportation. Approved March 9, 1953. 

An Act relative to the appraisal for revaluation of Chap. 157 

CERTAIN real ESTATE ON WHICH A SAVINGS BANK HOLDS 
A MORTGAGE. 

Be it enacted, etc., as follows: 

Clause First of section 54 of chapter 168 of the General g. l. cTer. 
Laws is hereby amended by striking out subdivision (h), as §54,' etc.,' 
most recently amended by chapter 96 of the acts of 1950, ^^lended. 
and inserting in place thereof the following: — 

(h) Not later than three years from the date of a note Revaluation 
made under the provisions of subdivisions (a), (b), (c), (d), reafesflte 
(e) and (/) hereof, not less than two members of the board niortgaged 
of investment shall certify in writing, according to their best banks.'^l^ 
judgment, the value of the premises mortgaged, such value ^i"^''"«'^- 
may be determined upon the opinion of an appraiser ap- 
proved by said board ; and the premises shall be revalued in 
the same manner at intervals of not more than three years 
so long as they are mortgaged to such corporation. Such 
report shall be filed and preserved with the records of the 
corporation. 

If at the time a revaluation is made, the balance of prin- Reduction. 
cipal of a loan under subdivision (o) is in excess of forty per quired'!*'' 
cent, or the balance of principal of a loan under subdivi- 
sion (6) is in excess of sixty per cent, of the value of the 
premises mortgaged, a sufficient reduction in the amount of 



122 



Acts, 1953. — Chaps. 158, 159. 



the loan shall be required, as promptly as may be prac- 
ticable, to bring the loan under subdivision (a) within forty 
per cent, or, in the case of subdivision (6), within sixty per 
cent, of the value of said premises. 

Approved March 9, 1953. 



Chap. 158 ^N Act relative to the investment by savings banks 

IN THE COMMON STOCK OF CERTAIN BANKS. 



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



Certain in- 
vestments by 
savings banks, 
regulated. 



Same 
subject. 



Be it enacted, etc., as follows: 

Clause Seventh of section 54 of chapter 168 of the General 
Laws is hereby amended by striking out subdivisions (a) and 
(b), as appearing in chapter 367 of the acts of 19.50, and in- 
serting in place thereof the following : — 

(a) No savings bank shall invest additional funds in 
stocks of such companies or associations if the cost thereof 
added to the amount already invested in such stocks shall 
exceed two thirds of the total of the guaranty fund, profit 
and loss account and unallocated reserves of such bank; 

(b) No savings bank shall invest additional funds in the 
stock of any one such company or association if the cost 
thereof added to the amount already invested in such stock 
shall exceed one fifteenth of the total of the guaranty fund, 
profit and loss account and unallocated reserves of such bank ; 

Approved March 9, 1953. 



Chap. 159 An Act further regulating personal loans in certain 

CREDIT UNIONS. 

Be it enacted, etc., as follows. • 

Section 1. Paragraph 5 of subdivision (A) of section 
24 of chapter 171 of the General Laws, as most recently 
amended by chapter 91 of the acts of 1952, is hereby further 
amended by inserting after the word ''seventy", in line 13, 
the following : — , or the pass book of a shareholder in a 
federal savings and loan association doing business in this 
commonwealth, — so that said subsection will read as 
follows : — 

5. To an amount not exceeding five thousand dollars, if 
evidenced by the note of the borrower and with sufficient 
collateral pledged to secure the same made up of bonds or 
notes of the United States, or of any state or subdivision 
thereof, which are legal investments for savings banks, or 
credit unions, in this commonwealth valued at not more 
than eighty per cent of their market value, or by the assign- 
ment of the pass book of a depositor in a savings bank 
doing business in any of the New England states or in the 
savings department of a trust company or national banking 
association 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 the pass book 
of a shareholder in a federal savings and loan association 
doing business in this commonwealth, or poHcies issued by 



G. L. (Ter. 
Ed.), 171, 
§ 24, etc., 
amended. 



Personal 
loans by 
credit unions, 
regulated. 



Acts, 1953. — Chap. 160. 123 

life insurance companies authorized to transact business 
in this commonwealth, valued at not more than their cash 
surrender value. 

Section 2. Paragraph 6 of said subdivision (A) of g^l. ^Ter. 
said section 24 of said chapter 171, as most recently amended §'24.' etc.,' 
by chapter 117 of the acts of 1951, is hereby further amended Imended. 
by striking out the first paragraph and inserting in place 
thereof the following : — Notwithstanding the hmitations Same 
set forth in paragraphs numbered one, two and four of this ^^^J«<=*- 
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 un- 
secured note of the borrower, and in amounts not exceeding 
five hundred dollars each upon the note of a borrower with 
one or more responsible endorsers or co-makers, or with 
satisfactory collateral pledged to secure the same, and 
a credit union having assets of one hundred thousand dollars 
or more may make loans in amounts not exceeding twenty- 
five hundred dollars each if evidenced by the note of the 
borrower fully secured b}'' a pledge of satisfactory collateral 
valued at not more than eighty per cent of its market value. 

Section 3. Subdivision (B) of said section 24 of said g. l. (Xer. 
chapter 171 is hereby amended by inserting after paragraph amend Jd.' ^ ^'^' 
3 the following paragraph : — 

3A. The provisions of section twenty-eight A of chapter certain pro- 
one hundred and eighty-three shall apply to credit unions. appHcabk'to 

Approved March 9, 1953. credit unions. 

An Act authorizing savings banks to invest their C]ia7).1^0 

DEPOSITS and the INCOME DERIVED THEREFROM IN THE 
CAPITAL STOCK OF CERTAIN INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section 54 of chapter 168 of the General Laws is hereby g. l. (Ter. 
amended by inserting after clause Seventh B, inserted by fs^/et^c^; 
chapter 340 of the acts of 1919, the folio-wing clause: — amended.' 

Seventh C. In the capital stock of any insurance company investment 
authorized to conduct a fire insurance business in the com- banks^n^^ 
mon wealth; provided, that: certain in- 

(1) In the period consisting of the five years immediately companies, 
preceding the date of investment not less than fifty per cent authorized. 
of the net premiums written by the company and its sub- 
sidiaries shall have been in respect to risks involving loss of 
or damage to property belonging to or in the custody of the 
insured, which risks are hereinafter referred to as fire and 
allied risks. Not over one third of the net premiums written 
in the same period shall have been in respect to liability of 
owners or operators of motor vehicles for personal injuries 
or property damage. For the purpose of this subdivision a 
fire insurance company subsidiary shall be construed to 
mean any insurance company fifty per cent or more of the 
capital stock of which is owned by said fire insurance com- 
pany or by any other subsidiary thereof. 



124 Acts, 1953. — Chap. 160. 

(2) At the end of the year immediately preceding the date 
of investment, as measured by total admitted assets, the 
company is one of the twenty-five largest American fire 
insurance companies a majority of the stock of which is not 
owned by five or less stockholders. 

(3) Of the twenty-five companies referred to in the pre- 
ceding paragraph, the company shall be one of the twelve 
having the highest average operating profit ratio for the five 
years immediately preceding the date of investment. The 
annual operating profit ratio of each of the five years pre- 
ceding the date of investment shall be calculated by sub- 
tracting from one hundred per cent the ratio of loss and loss 
adjustment expense to net premiums earned and thereafter 
subtracting from the remainder the ratio of other operating 
expenses, excluding all income taxes, to net premiums written. 
The ratios of the five years immediately preceding the date 
of investment shall be averaged to obtain the measurement. 
The losses, expenses, premiums written and profits earned 
referred to above shall be the totals of such items for the 
company and all its insurance subsidiaries. 

(4) At the end of the year immediately preceding the date 
of investment, the combined total of capital stock, surplus 
and voluntary reserves, as the latter term is hereinafter 
defined, of the company and its insurance subsidiaries shall 
be at least eighty per cent of the sum of all of the unearned 
premiums in respect to all fire and alHed risks plus one half 
of the unearned premiums in respect to accident and health 
policies and policies covering habiUty of the insured for 
injury or damage to the person or property of others. As 
used herein the term "voluntary reserves" shall be con- 
strued to mean all sums allocated to reserve accounts other 
than unearned premium and loss reserves required by sec- 
tions ten and eleven of chapter one hundred and seventy-five 
of the General Laws. 

(5) The company shall have paid a dividend in cash in 
each of the ten years preceding the date of investment. 

(6) The company shall have no preferred stock or other 
senior securities outstanding at the date of investment. 

No insurance stock shall be purchased and no additional 
investment in bank stock shall be made if the cost thereof 
added to the cost of insurance stocks and bank stocks al- 
ready owned shall exceed two thirds of the total of the 
guaranty fund, profit and loss account, and unallocated 
reserves of such bank. No investment shall be made in the 
stock of any one insurance company if the cost thereof added 
to the amount already invested in such stock shall exceed 
one fifteenth of the total of the guaranty fund, profit and 
loss account, and unallocated reserves of such bank. 

In any one calendar year no additional investment in the 
stock of insurance companies shall be made in an amount in 
excess of one tenth of the total of the guaranty fund, profit 
and loss account, and unallocated reserves of such bank. 

Approved March 10, 1953. 



Acts, 1953. — Chaps. 161, 162. 125 



An Act authorizing the city of Gloucester to pur- (^/^qt) \Q\ 

CHASE certain LAND IN THE TOWN OF ESSEX, FROM WHICH 
MAY BE TAKEN MATERIALS NECESSARY FOR THE CON- 
STRUCTION, REPAIR OR IMPROVEMENT OF PUBLIC WAYS 
AND OTHER PUBLICLY OWNED AREAS. 

Be it enacted, etc., as follows: 

Section 1. The city of Gloucester is hereby authorized 
to appropriate money and to purchase, for the purpose of 
taking therefrom certain materials necessary or desirable for 
the construction, repair or improvement of its public ways 
and other public property in said city, a certain parcel of 
land located off Apple street in the town of Essex, owned 
by the McCarthy Contracting Company of Gloucester, Inc., 
and containing approximately twenty-two acres. Said par- 
cel is described more particularly in deed of William E. 
Saunders to McCarthy Contracting Company, Inc., dated 
January 21, 1950, and recorded in Essex South District 
Registry of Deeds, book 3717, page 479, and in deed of 
Edmund R. Lodge to McCarthy Contracting Company of 
Gloucester, Inc., dated September 26, 1950, and recorded 
in said registry of deeds. Said purchase shall be for a con- 
sideration and upon terms satisfactory to the city council of 
the city of Gloucester; provided, however, that the amount 
to be expended for such purchase shall not exceed nineteen 
thousand dollars, including any amount paid as ground rent 
for said parcel of land. The city may also lay out, construct, 
improve or repair a way or ways connecting said parcel of 
land with the public highway, in such manner as not un- 
necessarily to obstruct the same; provided, that the city 
shall submit any plans for such way or ways to the board of 
selectmen of the town of Essex for approval, and shall 
restore to the satisfaction of said board any way or ways 
that may be dug up in said town. 

Section 2. This act shall take effect upon its passage. 
Approved March 12, 1958. 

An Act relative to the civil service status or ashley r. Chav. 1G2 

CROCKER, A former POLICE OFFICER OF THE TOWN OF 
BARNSTABLE. 

Be it enacted, etc., asfolloivs: 

Notwithstanding the provisions of any general or special 
law, Ashley R. Crocker, a former police officer of the town 
of Barnstable, is hereby reinstated, without taking a civil 
service examination and without loss of seniority or other 
rights, in the position held by him at the time he entered 
the military service of the United States to the same extent 
as if he had seasonably applied for such reinstatement 
within two years after the termination of his military service. 

Approved March 12, 1963. 



126 



Acts, 1953. —Chaps. 163, 164. 



G. L. (Ter. 
Ed.), 273, § 17, 
amended. 



Dismissal of 
complaints in 
illegitimacy 



Chap. 163 An Act further regulating the dismissal of com- 
plaints IN ILLEGITIMACY CASES. 

Be it enacted, etc., as follows: 

Chapter 273 of the General Laws is hereby amended by- 
striking out section 17, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section : 
— Section 17. If the court having jurisdiction of any case 
under sections eleven to nineteen, inclusive, or any of them, 
becomes satisfied that no living child will be born of which 
the defendant at the time of making the complaint was the 
father, or that the defendant and the mother have married 
each other and the child has become or will be the legitimate 
child of the defendant, or that adequate provision has been 
made for its maintenance, or that it is for the best interests 
of the child, the case may be dismissed and any adjudication 
vacated; and if the court certifies that it is for the best 
interests of the child, no further prosecution shall be main- 
tained under any of said sections. 

Approved March 12, 1953. 



Chap. 16^ An Act further regulating closing out sales, so 

CALLED, AND SIMILAR TYPES OF SALES. 



G. L. (Ter. 
Ed.), 93, 
§ 28A, etc., 
amended. 

Closing out 
sales, etc., 
regulated. 



Be it enacted, etc., as follows: 

Section 1. Chapter 93 of the General Laws is hereby 
amended by striking out section 28A, as most recently 
amended by chapter 473 of the acts of 1950, and inserting 
in place thereof the following section: — Section 28 A. No 
person shall offer for sale a stock of goods, wares or mer- 
chandise under the designation of "closing out sale", ''going 
out of business sale", "discontinuance of business sale", 
"selling out", "liquidation", "lost our lease", "must va- 
cate", "forced out", or other designation of hke meaning, in 
any city or town at any place, without having first filed with 
the clerk of such city or town prior to the opening of such 
sale and paid the fee provided by clause (69) of section 
thirty-four of chapter two hundred and sixty-two, a com- 
plete and detailed inventory of all items to be included in 
such sale, which inventory shall be signed by the owner 
under penalties of perjury and shall include only goods, 
wares and merchandise actually in the place of business, 
wherein or whereat such sale is to be conducted, at the 
opening of the sale, nor without having first filed with said 
clerk a good and sufficient bond, payable to the city or town, 
in the penal sum of one thousand dollars, with sureties ap- 
proved by the mayor or selectmen or by a justice of the dis- 
trict court in whose judicial district is situated the city, 
town or ward in which such sale is to be conducted, condi- 
tioned upon compliance with section twenty-eight A; pro- 
vided, that, after a change of ownership of the whole of 
such stock, or of the entire balance of such stock, in case a 



Acts, 1953. — Chap. 164. 127 

portion thereof has already been so sold, no person shall 
carry on such sale until the new owner of such stock or 
balance shall have filed with the city or town clerk an in- 
ventory signed by the owner under the penalties of perjury 
and a bond as hereinbefore provided except when such sale 
is to be carried on at a usual place of business of such new 
owner which he has maintained for at least one year. No 
goods except those Usted in such inventory shall be included 
in such sale and the date for closing such sale shall not be 
extended beyond a reasonable time to be set forth in the 
terms of said bond, for disposing of the goods listed in such 
inventory. There shall be attached to such bond a state- 
ment signed under the penalties of perjury by such owner 
verifying that such sale is for the purpose designated in the 
advertising of such sale. Upon request of the principal of 
any bond given in connection with such a sale, the clerk of 
the city or town shall surrender such bond, if he is satisfied 
that the sale has ended, that all signs relating to such sale 
have been removed and that there has been no breach of 
the condition of the bond. Upon the fifing of the inventory 
with the clerk, as required by this section, there shall also 
be filed the final date of the proposed sale and no sales shall 
be made after such date except in bulk to a new owner. 
Any advertising relating to such sales shall prominently state 
the final date of said sale. Any person who, under the pro- 
visions of this section, conducts a sale by the designation 
"going out of business", "selling out", or by other designa- 
tion specified in this section, or of similar meaning, beyond 
the date specified for such sale, or who, upon conclusion of 
such sale, continues that business which had been repre- 
sented as "going out of business" or "selling out" or by 
similar designation, under the same name or under a differ- 
ent name, at the same location, or elsewhere in the same city 
or town where the inventory for such sale was filed, or who, 
upon conclusion of such sale, continues business contrary to 
the designation of such sale, shall be punished as provided 
in section twenty-eight D. 

Section 2. Chapter 93 of the General Laws is hereby g. l. (Xer. 
further amended by striking out section 28B. fisB^' 

Section 3. Section 34 of chapter 262 of the General Laws stricken out. 
is hereby amended by striking out clause (69), as appearing Edx^S"^" 
in section 1 of chapter 550 of the acts of 1948, and inserting § 34,' etc! 
in place thereof the following clause : — amended. 

(69) For receiving and filing of a complete inventory of Fee for 
all items to be included in a "closing out sale", "going out vent^oJy" 
of business sale", "discontinuance of business sale", "selfing 
out", "liquidation", "lost our lease", "must vacate", 
"forced out", or other designation of like meaning, one 
dollar per page. Approved March 12, 1953. 



128 Acts, 1953. — Chaps. 165, 166, 167. 



Chap.lQb An Act to authorize the placing of the regular or 

PERMANENT MEMBERS OF THE FIRE DEPARTMENT AND 
THE OFFICE OF THE CHIEF OF THE FIRE DEPARTMENT OF 
THE TOWN OF BURLINGTON UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., asfolloios: 

Section 1. The positions of the regular or permanent 
members of the fire department and the office of the chief 
of the fire department of the town of Burhngton shall, upon 
the effective date of this act, become subject to the civil 
service laws and rules relating to fire fighters in towns, and 
the tenure of office of any incumbent thereof shall be un- 
limited, subject, however, to said laws and rules, but the 
person holding said office and positions on said effective date 
shall continue to serve therein provided they pass qualify- 
ing examinations to which they shall be subjected by the 
division of civil service. 

Section 2. This act shall be submitted to the voters 
of said town at the 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-three, entitled, 'An 
Act to authorize the placing of. the regular or permanent 
members of the fire department and the office of the chief 
of the fire department of the town of Burlington under the 
civil service laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved March 12, 1953. 

Chap.lQQ An Act to revive abel f. stevens incorporated, for 

THE PURPOSE OF CONVEYING CERTAIN PROPERTY. 

Be it enacted, etc., as follo'ws: 

Abel F. Stevens Incorporated, a corporation dissolved on 
July twentieth, nineteen hundred and forty by the supreme 
judicial court, is hereby revived for the sole purpose of 
conveying certain real estate in the town of Natick in the 
county of Middlesex and in the town of Wellesley in the 
county of Norfolk. Approved March 12, 1958. 

Chap. 1^1 An Act authorizing the trustees of the public library 
OF the city of boston to take and hold additional 
real and personal property. 

Be it enacted, etc., as follows: 

Section 2 of chapter 114 of the acts of 1878, as most 
recently amended by chapter 218 of the acts of 1943, is 
hereby further amended by striking out the first sentence 
and inserting in place thei-eof the following sentence: — 
Said corporation shall have authority to take and hold real 
and personal estate to an amount not exceeding fifty million 



Acts, 1953. — Chaps. 168, 169, 170, 171. 129 

dollars, which may be given, granted, bequeathed or devised 
to it, and accepted by the trustees for the benefit of the 
pubHc library of the city of Boston or any branch library, or 
any purpose connected therewith. 

Approved March 12, 1953. 

An Act increasing the ad damnum in civil cases under QJiq^ iqq 

THE small claims PROCEDURE. ^' 

Be it enacted, etc., as follows: 

Section 21 of chapter 218 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by fmendid.' ^ ^^' 
striking out, in Une 9, the word ''fifty" and inserting in 
place thereof the word : — seventy-five. 

Approved March 12, 1953. 

An Act relative to defences in actions for false Qjku) j^go 

ARREST OR IMPRISONMENT. 

Be it enacted, etc., as folloivs: 

Chapter 231 of the General Laws is hereby amended by g. l. (Xer. 
inserting after section 94 the following section : — Sec- f 94A^added!*' 
tion 94A . If a person authorized to make an arrest shall Defences in 
have probable cause to believe that a misdemeanor for which false ar/eTt or 
he may make an arrest is being committed in his presence, imprisonment. 
such probable cause shall be a defence in an action brought 
against him for false arrest or imprisonment. 

Approved March 12, 1953. 

An Act providing for the annual observance of QJiav 170 

SEPTEMBER SEVENTEENTH AS CONSTITUTION DAY, IN 
commemoration of THE ADOPTION OF THE FEDERAL 
CONSTITUTION. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 15 the following section: — ♦Sec- f isA^addld. 
tion 15 A. The governor shall annually issue a proclamation observance of 
setting apart the seventeenth day of September as Consti- Seventeenth as 
tution Day and recommending that it be observed by the Constitution 
people with appropriate exercises in the schools and otherwise 
so that the eventful day on which the Constitution of the 
United States was formally adopted may forever remain 
enshrined in the hearts and minds of the people, and so that 
they may be reminded on that date annually of the blessings 
of liberty which they enjoy by the adoption of the United 
States Constitution, the Bill of Rights and all other amend- 
ments thereto. Approved March 12, 1953. 

An Act relative to payment op the compensation of rhnj) 171 

MEMBERS OF THE GENERAL COURT. ^' 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose which is to make its provisions eiiective 



preamble. 



mem 
general court 



130 Acts, 1953. — Chaps. 172, 173. 

immediately, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
pubhc convenience. 

Be it enacted, etc., as follows: 

Edt'a^rs Section 9 of chapter 3 of the General Laws is hereby 

etc!, 'amended, amended by striking out the last sentence, as appearing in 
section 1 of chapter 248 of the acts of 1945, and inserting 
^^vances of [^ place thereof the following sentence : — Such payments 
*'^ ^"^^bers of the shall be made to him, upon his request, on the last legislative 
day in which the general court is in session preceding the 
fifteenth day of each month and on the day preceding the 
last legislative day of each month, and shall be for an amount 
not exceeding the proportion then due at the aforesaid rate; 
provided, that the state treasurer, in his discretion, may, 
during such regular session, make additional payments on 
account, in excess of such monthly rate, to any member 
making written request therefor, but the amount of such 
additional payments shall not exceed, in the aggregate, eight 
hundred dollars in any one such session, or twelve hundred 
dollars if such session continues beyond July first, and in no 
event shall the amount of all payments under this section 
during such session to any member exceed, in the aggregate, 
the compensation of such member for such session. 

Approved March 12, 195S. 

Chap. 112 An Act relative to the annual observance of polish 

CONSTITUTION DAY. 

Be it enacted, etc., as follows: 

Edt'e^new Chapter 6 of the General Laws is hereb}^ amended by 

§ i'2ii, added, inserting after section 12Q, inserted by chapter 84 of the 
M^ayThl^r °^ ^c*^ °^ ^^ current year, the following section : — Section 1 2R. 
as Polish The governor shall annually issue a proclamation setting 

Constitution g^pg^j.^ IsisiY third as Polish Constitution Day, in commemo- 
ration of the promulgation of the world-famed constitution 
of Poland. Approved March 16, 195S. 

C hap. 17S An Act to extend the time within which counties, 

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

Emergency Whcreas, The deferred operation of this act would tend 



preamble 



to defeat its purpose, which is to make available without 
interruption to counties, cities, towns and districts financial 
assistance by the federal government for public works 
projects, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 6 of chapter 74 of the acts of 1945, as most recently 
amended by chapter 22 of the acts of 1951, is hereby further 



Acts, 1953. — Chaps. 174, 175. 131 

amended by striking out, in line 4, the word "fifty-three" 
and inserting in place thereof the word: — fifty-five, — so 
as to read as follows: — Section 6. Loans by counties, 
cities, towns and districts may be authorized under the 
provisions of this act until July first, nineteen hundred and 
fifty-five. Approved March 16, 1953. 

An Act authorizing the city of boston to sell to the Chav.Yl^ 

CITY OF QUINCY CERTAIN LAND IN THE SQUANTUM DIS- 
TRICT OF THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provision of 
general or special law, the city of Boston, by its mayor, when 
authorized by its city council in accordance with the charter 
of said city, may sell to the city of Quincy for park and play- 
ground purposes any part or parts or the whole of the land 
owned by the city of Boston and situated in the Squantum 
district of the city of Quincy; and notwithstanding any 
contrary provision of general or special law, the city of 
Quincy is hereby authorized to pay to the city of Boston 
a sum not exceeding twenty-five thousand dollars for such 
conveyance. 

Section 2, The mayor of the city of Boston, in the 
name and on behalf of said city, is authorized to execute 
and dehver any instrument necessary to convey any land 
sold under authority of this act. 

Section 3. This act shall take effect upon its passage. 
Approved March 16, 19 58. 

An Act authorizing cities and tow^ns to appropriate Chav. 17 5 

MONEY FOR DEFRAYING EXPENSES OF SUITABLE HEAD- 
quarters for camps of THE UNITED SPANISH WAR VET- 
ERANS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to authorize cities and towns to p'"®'*™'''^- 
appropriate money for defraying expenses of suitable head- 
quarters for camps of the United Spanish War Veterans, 
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 9 of chapter 40 of the General Laws, as most re- g. l. (Ter. 
cently amended by chapter 443 of the acts of 1952, is hereby ^tcij'amended. 
further amended by inserting after the first sentence the fol- 
lowing sentence : — In addition to sums hereinbefore au- Headquarters 
thorized by this section, a city or town with a valuation of the ulJit'eV^ 
more than one hundred and fifty million dollars may, for f^terans^*' 
the purpose of providing suitable headquarters for a camp authorized. 
of the United Spanish War Veterans, lease for a period not 
exceeding five years a building or part of a building, which 
shall be under the direction and control of^such_,camp, sub- 



132 Acts, 1953. —Chap. 176. 

ject to regulations made in cities by the mayor, with the 
approval of the council, or by the city manager where the 
charter so provides, and in towns by vote of the town, and 
for such purpose may annually appropriate a sum not ex- 
ceeding, in any one year, thirty-five hundred dollars. 

Approved March 16, 1953. 

Chap. 17 6 ^N ^<^T RELATING TO THE COMPOSITION, POWERS AND STATUS 
OF THE NEW ENGLAND MEDICAL CENTER. 

Be it enacted, etc., as folloivs: 

Section 1. Section 1 of chapter 40 of the acts of 1930, 
as amended by section 1 of chapter 149 of the acts of 1946, 
is hereby further amended by inserting after the word 
"Hospital", in line 2, the words: — , New England Center 
Hospital, — by striking out, in line 3, the word "three" 
and inserting in place thereof the word : — four, — and by 
adding at the end the follo^^^ng three sentences : — Such ad- 
ministrative board may appoint from its own number an 
executive committee of not less than three members, to 
which it may delegate any or all of its powers subject to 
such conditions as it may determine. A majority of the 
administrative board or executive committee shall constitute 
a quorum, and when a quorum is present a majority of those 
present shall decide any question. The administrative board 
may from time to time adopt rules or by-laws, not incon- 
sistent herewith, for the conduct of the affairs of the medical 
center, and for the calling, holding and conduct of meetings 
of the administrative board and of the executive committee, 
respectively., — so as to read as follows: — Section 1. The 
Boston Dispensary, The Boston Floating Hospital, New 
England Center Hospital and the Trustees of Tufts College, 
four charitable corporations organized and existing under 
the laws of Massachusetts, and such other charitable corpo- 
rations heretofore or hereafter organized under said laws as 
may be mutually agreed upon, in furtherance of their re- 
spective corporate purposes, are hereby authorized and em- 
powered to form an alliance for, and otherwise co-operate in, 
establishing, maintaining and operating a medical center 
under the supervision of an administrative board composed 
of representatives from each of said corporations, and to 
render mutual services and operate one or more plants in 
common in connection with such medical center. Such ad- 
ministrative board may appoint from its own number an 
executive committee of not less than three members, to which 
it may delegate any or all of its powers subject to such condi- 
tions as it may determine. A majority of the administrative 
board or executive committee shall constitute a quorum, 
and when a quorum is present a majority of those present 
shall decide any question. The administrative board may 
from time to time adopt rules or by-laws, not inconsistent 
here^\ith, for the conduct of the affairs of the medical center, 
and for the calhng, holding and conduct of meetings of the 



Acts, 1953. —Chap. 176. 133 

administrative board and of the executive committee, re- 
spectively. 

Section 2. Section 2 of said chapter 40, as amended by- 
section 2 of said chapter 149, is hereby further amended by 
adding at the end the following two sentences : — Without 
limiting any other authority or power conferred by this act, 
said corporations are hereby expressly authorized and em- 
powered, in connection with maintaining and operating said 
medical center, jointly to adopt and use the name New Eng- 
land Medical Center, and in that name to enter into con- 
tracts for materials, supphes, labor, insurance, public utility 
services and other services, to purchase, hold and transfer 
stocks, bonds and other securities, to receive gifts, bequests 
and contributions, to purchase, lease or otherwise acquire 
and to hold, convey, transfer and assign real and personal 
property, to maintain bank accounts and sign checks, to 
contract for insurance or reinsurance and other services for 
the purpose of complying with the provisions of the work- 
men's compensation law and generally to carry on the busi- 
ness of said medical center. Said corporations acting jointly 
as a unit under said name shall be deemed an employer 
within the meaning of paragraph five of section one of chap- 
ter one hundred and fifty-two of the General Laws., — so as 
to read as follows : — Section 2. Said corporations are hereby 
authorized and empowered to enter into such mutual agree- 
ment or agreements, to take such other action, and to acquire 
and hold, either separately, jointly or as tenants in common, 
such real and personal property, as they may respectively 
deem necessary or desirable for the accomplishment of the 
objects set forth in section one; provided, however, that none 
of said corporations shall exceed the limits imposed by law 
upon the amount of property which each may acquire and 
hold, and for the purpose of computing said limits each of 
said corporations shall, in the absence of an agreement be- 
tween them to the contrary, be considered as holding an 
equal part of any property o\\aied jointly or in common as 
aforesaid; and said corporations respectively are hereby 
further authorized and empowered to expend such of their 
funds, not restricted to other purposes, as they may respec- 
tively deem necessary or desirable to accomplish any of the 
objects set forth in this act. Without limiting any other 
authority or power conferred by this act, said corporations 
are hereby expressly authorized and empowered, in connec- 
tion with maintaining and operating said medical center, 
jointly to adopt and use the name New England Medical 
Center, and in that name to enter into contracts for ma- 
terials, supplies, labor, insurance, pubhc utihty services and 
other services, to purchase, hold and transfer stocks, bonds 
and other securities, to receive gifts, bequests and contribu- 
tions, to purchase, lease or otherwise acquire and to hold, 
convey, transfer and assign real and personal property, to 
maintain bank accounts and sign checks, to contract for 
insurance or reinsurance and other services for the purpose 



134 Acts, 1953. — Chap. 177. 

of complying with the provisions of the workmen's compen- 
sation law and generally to carry on the business of said 
medical center. Said corporations acting jointly as a unit 
under said name shall be deemed an employer within the 
meaning of paragraph five of section one of chapter one 
hundred and fifty-two of the General Laws. 

Approved March 16, 1963. 

Chap. 177 ^^ -^CT PROVIDING THAT THREE MEMBERS OF THE QUINCY 
SCHOOL COMMITTEE BE ELECTED BIENNIALLY FOR TERMS 
OF FOUR YEARS, AND CHANGING THE METHOD OF FILL- 
ING VACANCIES IN SAID COMMITTEE. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provision of section 
thirty-one of chapter forty-three of the General Laws relative 
to terms of school committee members, the six elective mem- 
bers of the school committee of the city of Quincy shall be 
elected for terms of four years each. 

Section 2. At the next regular municipal election to be 
held in the city of Quincy the six persons receiving the 
highest number of votes for the office of school committee- 
man shall be elected. The three members receiving the 
highest number of votes shall serve terms of four years and 
the other three members shall serve terms of two years, and 
biennially thereafter three members shall be elected to serve 
for four years, notwithstanding any provision of said chap- 
ter forty-three. 

Section 3. Notwithstanding the provisions of section 
one hundred and two of chapter forty-three of the General 
Laws, if a member of the school committee of the city of 
Quincy resigns, or if there is a vacancy in said committee by 
reason of death, imprisonment or any other cause, the mayor 
and remaining school committeemen shall, within fifteen 
days after the vacancy arises, choose as school committee- 
man for the unexpired term whichever of the defeated candi- 
dates for the office of school committeeman at the preceding 
regular municipal election, who are eligible and willing to 
serve, received the highest number of votes at such election. 

Section 4. This act shall be submitted for acceptance 
to the registered voters of the city of Quincy at its next 
regular municipal election in the form of the following ques- 
tion, which shall be placed upon the official ballot to be used 
at said election: — "Shall an act passed by the General 
Court in the year nineteen hundred and fifty-three, entitled 
'An Act providing that three members of the Quincy school 
committee be elected biennially for terms of four years, and 
changing the method of filling vacancies in said committee', 
be accepted?". If a majority of the votes in answer to said 
question is in the affirmative, this act shall thereupon take 
full effect and shall be applicable to the school committeemen 
selected by the voters at said regular municipal election. 

Approved March 16, 1953. 



Acts, 1953. — Chaps. 178, 179. 135 



An Act authorizing the cemetery commissioners of QJidj) I7g 

THE TOWN OF METHUEN TO APPROPRIATE AND DEDICATE TO 
THE PUBLIC USE A PORTION OF CERTAIN CEMETERY LAND 
THEREIN. 

Be it enacted, etc., as follows: 

The cemetery commissioners of the town of Methuen are 
hereby authorized to appropriate and dedicate to the pubhc 
use a portion of the cemetery land commonly known as 
"Daddy Frye's Cemetery" in said town. 

The existing "Daddy Frye's Cemetery" is bounded 
northerly by the southerly line of East street, easterly by 
the westerly line of Brook street, southerly by the northerly 
line of a private cemetery, and thence it is bounded in a 
northwesterly direction by the northerly line of Berkeley 
street thence westerly by the easterly line of Arlington 
street. 

The portion of said cemetery that the cemetery commis- 
sioners are hereby authorized to appropriate and dedicate to 
the public use is hereby bounded and described as follows: — 
Beginning at the northwest corner of the land known as 
"Daddy Frye's Cemetery"; thence running in an easterly 
direction by the southerly line of East street one hundred 
and twenty-two feet more or less, to a point in the face of 
present stone wall; thence turning and running in a southerly 
direction by the remaining part of said cemetery three hun- 
dred and forty-seven feet more or less, to a corner in the 
present stone wall ; thence turning and running in a westerly 
direction twelve feet along the face of the wall to a corner; 
thence turning and running in a northwesterly direction by 
the northerly line of Berkeley street two hundred and 
seventy-five feet more or less, along the face of the stone 
wall to a corner; thence turning and running in a northerly 
direction by the easterly line of Arlington street one hundred 
and forty-two feet more or less, along the face of the wall to 
the first mentioned corner and point of beginning; contain- 
ing an estimated area of 37,800 square feet more or less. 

Approved March 16, 1953. 

An Act enabling certain municipal employees to at- Chap. 179 

TEND WITHOUT LOSS OF PAY THE FUNERALS OR MEMORIAL 
SERVICES OF CERTAIN PERSONS WHO HAVE DIED WHILE IN 
THE ARMED FORCES OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by EdV'ii^^'^' 
striking out section lUC, inserted by chapter 348 of the § liic, etc.. 
acts of 1945, and inserting in place thereof the following sec- ^"^^'^'^«'^- 
tion: — Section UlC. Any employee of a city or town who Attendance of 

,« ,.•' ,• . ; CI , certain munici- 

is a veteran, as defined m section twenty-one of chapter pai employees 
thirty-one, may, when authorized by the mayor or select- of I'l'teran.s'''''" 
men, attend, without loss of pay, the funeral or memorial 



136 Acts, 1953. — Chaps. 180, 181. 

services of a veteran, as so defined, or of anj^ person dying 
under other than dishonorable circumstances while serving 
in the army, navy, coast guard or marine corps of the United 
States in time of war or insurrection. 

Approved March 16, 1953. 

Chap. 180 An Act authorizing the city of boston to pay certain 

COMPENSATION TO RITA SULLIVAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and of discharging a moral obligation, the city of Bos- 
ton may pay to Rita Sullivan, a former employee of the 
sanatorium division of its hospital department, who is now 
permanently disabled by reason of illness contracted by her 
in the performance of her work in said division, the amount 
or amounts to which she would have been entitled under 
chapter one hundred and fifty-two of the General Laws as 
if the personal injury arising out of and in the course of her 
employment as aforesaid had been sustained subsequent to 
the determination of the city council of said city that the 
terms "laborers", "workmen" and "mechanics", as used in 
sections sixty-eight to seventy-five, inclusive, of said chap- 
ter one hundred and fifty-two, shall include, in addition to 
those employees specifically included therein by section 
sixty-nine of said chapter one hundred and fifty-two, all 
other employees of the city of Boston, except members of 
the police or fire forces, regardless of the nature of their 
work. In the event of any dispute, the state department of 
industrial accidents shall have jurisdiction by virtue of this 
act to determine the amount or amounts to which said Rita 
Sullivan would have been entitled as aforesaid. 

Section 2. Chapter 458 of the acts of 1952 is hereby re- 
pealed. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved March 16, 1953. 

C/iap. 181 An Act repealing the law providing for a commis- 
sioner OF PUBLIC HEALTH AND AN ADVISORY HEALTH 
BOARD IN THE CITY OF WORCESTER, AND PROVIDING FOR 
A HEALTH COMMISSIONER AND A HEALTH BOARD TO BE 
APPOINTED BY THE CITY MANAGER OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and ninety-one of the 
acts of nineteen hundred and forty-one, providing for a 
commissioner of public health and an advisory health board 
in the city of Worcester, is hereby repealed, and the ofl&ces 
therein provided are hereby terminated. 

Section 2. The city manager of the city of Worcester 
shall appoint a commissioner of pubhc health of said city, 



Acts, 1953. — Chap. 182. 137 

who shall be a citizen of the United States who has received 
both the degree of doctor of medicine from a medical school 
classified by the American Medical Association as a Grade A 
school and a degree in pubHc health, and who has had 
practical experience in pubhc health work. Said commis- 
sioner shall perform and exercise the duties and powers 
estabhshed by law or ordinance to be performed by the 
board of health of said city. 

The term of the commissioner of pubhc health first ap- 
pointed hereunder shall terminate on the first Monday of 
January, nineteen hundred and fifty-six. On said date and 
every third year thereafter the city manager shall appoint 
a commissioner of pubhc health of said city for a term of 
three years. Every such commissioner shall serve until the 
qualification of his successor. Any vacancy in office shall 
be filled, for the balance of the unexpired term, in the same 
manner as in an original appointment. 

Section 3. There shall be appointed by the city man- 
ager of said city an unpaid board to be known as the health 
board, whose duties it shall be to assist and act with the 
commissioner of pubhc health. The board shall consist of 
five members, one of whom shall have received the degree of 
doctor of medicine from a medical school classified by the 
American Medical Association as a Grade A school; and 
another one shall have received a degree in dentistry from 
a dental school classified by the American Medical or Dental 
Association as a Grade A school. 

Of the members initially appointed to the health board 
hereunder, the term of one member shall terminate on the 
first Monday in January, nineteen hundred and fifty-four, 
the term of two members shall terminate on the first Monday 
in January, nineteen hundred and fifty-five, and the term of 
the other two members shall terminate on the first Monday 
in January, nineteen hundred and fifty-six. 

As the terms of office of the members of the health board 
initially appointed hereunder terminate, their successors 
shall be appointed for terms of three years each and until 
the quahfication of their respective successors. Any vacancy 
in the office shall be filled for the balance of the unexpired 
term in the same manner as in an original appointment. 

Section 4. This act shall take full effect upon its ac- 
ceptance by a vote of the city council of the city of Worcester 
at any time prior to December thirty-first, nineteen hundred 
and fifty-three, and subject to the provisions of its charter, 
but not otherwise. Approved March 16, 1953. 

An Act authorizing the school committee of the city C/iao. 182 
OF quincy to provide conveniences in connection 
with certain contests at veterans memorial field. 

Be it enacted, etc., as follows: 

Section 1. Chapter 266 of the acts of 1936 is hereby 
amended by inserting after section 2 the following section : — 



138 Acts, 1953. — Chaps. 183, 184. 

Section 2 A. Said school committee may provide patrons of 
the contests or exhibitions referred to in section two with 
programs, hght refreshments and other customary con- 
veniences incidental to such contests or exhibitions and may 
charge reasonable fees therefor the amount of said fees to 
be limited as provided in section two. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the school com- 
mittee of said city of Quincy, subject to the provisions of 
its charter. Approved March 16, 1953. 



Chap. 18S An Act extending the period of existence of the 

DEVELOPMENT AND INDUSTRIAL COMMISSION FOR THE 
CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 330 of the acts of 1951 
is hereby amended by striking out, in hne 3, the word 
"three" and inserting in place thereof the word: — six. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the city council of the city of Lowell, subject to 
the provisions of its charter, but not otherwise. 

Approved March 16, 1953. 

Chap. 184 An Act authorizing the town of Pembroke to receive 

AND ADMINISTER THE PROPERTY OF THE PINE GROVE 
cemetery company in SAID TOWN. 

Be it enacted, etc., asfolloios: 

Section 1. The Pine Grove Cemetery Company, or- 
ganized in eighteen hundred and fifty-nine in the town of 
Pembroke, hereinafter called the company, may, by deed 
duly executed, convey and transfer to said town, and said 
to^vTi, upon its acceptance of an offer of such conveyance 
and transfer by vote of the board of selectmen within six 
months of the effective date of this act, is hereby authorized 
and empowered to receive, and thereafter to hold and main- 
tain, but for cemetery purposes only, and subject to all rights 
heretofore existing in any burial lots, the real and personal 
property of the company not subject to any trust, and there- 
upon, and upon the transfer of the trust funds as hereinafter 
provided, the company shall be dissolved ; and the cemetery 
of the company shall be and become a public burial place, 
ground or cemeter}'', and shall be under the jurisdiction and 
control of the said town under all applicable provisions of 
general law. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction, and in comphance with the terms 
and conditions of such decree, said town, upon its acceptance 
of an offer of conveyance and transfer as provided in section 
one, may receive from the company a conveyance and trans- 
fer of, and administer, all funds or other property held by 



Acts, 1953. — Chap. 185. 139 

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

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

Section 4. The action of the town of Pembroke in the 
year nineteen hundred and fifty-two in voting to accept a 
transfer of the Pine Grove Cemetery Company and any 
funds invested for the care of the same is hereby ratified and 
confirmed and shall have the same effect and vahdity as if 
section one had been in effect prior to the posting of the 
warrant for said town meeting. 

Approved March 16, 1958. 

An Act authorizing the directors of corporations Chap. 185 

HAVING CAPITAL STOCK TO FIX A RECORD DATE FOR DE- 
TERMINING THE STOCKHOLDERS ENTITLED TO CERTAIN 
RIGHTS OR TO CLOSE THE TRANSFER BOOKS FOR THE SAME 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 22 of chapter 155 of the General Laws, as appear- ox. (Xer.Ed.). 
ing in the Tercentenary Edition, is hereby amended by Amended. 
adding at the end the following paragraph : — 

Unless otherwise provided in the agreement of association Record date 

for determiiiE 
tion of certain 
rights of 

advance a time, not more than thirty days preceding the 
date of any meeting of stockholders or the date for the 
payment of any dividend or the making of any distribution 
to stockholders or the last day on which the consent or 
dissent of stockholders may be effectively expressed for any 
purpose, as the record date for determining the stockholders 



or articles of organization or the by-laws of any corporation ^°^ determma 



140 Acts, 1953. — Chap. 186. 

having the right to notice of and to vote at such meeting and 
any adjournment thereof or the right to receive such dividend 
or distribution or the right to give such consent or dissent, 
and in such case only stockholders of record on such record 
date shall have such right, notwithstanding any transfer of 
stock on the books of the corporation after the record date; 
or without fixing such record date the board of directors 
may for any of such purposes close the transfer books for all 
or any part of such thirty-day period. In the case of any 
corporation having capital stock but not having directors 
the authority conferred by this section may be exercised by 
the board of trustees or other ofiicers having the powers of 
directors. Approved March 16, 1953. 

Chap. ISQ An Act authorizing the town of westport to receive 

AND ADMINISTER CERTAIN PROPERTY OF THE TRUSTEES OF 
THE WESTPORT POINT CEMETERY IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of the Westport Point Meth- 
odist Church, a rehgious society governed by the Quarterly 
Conference of the Westport Point Methodist Church and 
located in the town of Westport, hereinafter called the 
trustees, may, by appropriate votes, deed and agreement 
duly executed, convey and transfer to said town of Westport, 
and said town, upon its acceptance of an offer of such con- 
veyance and transfer by vote of the town, subject to the 
provisions of its charter, within six months of the effective 
date of this act, is hereby authorized and empowered to 
acquire and receive, and thereafter to hold and maintain, but 
for cemetery purposes only and subject to all rights hereto- 
fore existing in any burial lot, such right, title and interest 
as said church may have in and to the Westport Point 
Cemetery, so called, situated at the southeasterly corner of 
Main road and Drift road in Westport; and of the funds 
held by said church for the care and maintenance of said 
cemetery as the trustees may agree to convey and said town 
agree to receive by contract, in writing, executed by both 
parties within six months of the effective date of this act, and 
the said cemetery shall be and become a public burial place, 
ground or cemetery, and shall be under the jurisdiction and 
control of said town with all appUcable provisions of general 
law. 

Section 2. In so far as authorized by said contract and 
by vote of the governing body of said church and the in- 
habitants of said town, said town, upon its acceptance of an 
offer of conveyance and transfer as provided in section one, 
may receive from the trustees a conveyance and transfer of, 
and may administer all funds or other property held by the 
trustees, in trust for the perpetual care of the lots in said 
cemetery and for other purposes not inconsistent therewith, 
and also any funds or other property which may later be 
acquired by gift, devise or otherwise by the trustees, or their 



Acts, 1953. — Chap. 187. 141 

successors and assigns, and made subject to transfer under 
said contract. Interest and dividends accruing or funds 
deposited in trust with any savings bank under authority of 
section thirty-seven or section thirty-eight of chapter one 
hundred and sixty-eight of the General Laws, or with any 
other banking institution, for benefit of said cemetery, or of 
any lots in said cemetery, may after such conveyance be 
paid by such bank or institution to the treasurer of said 
town, and upon such payment said treasurer shall use the 
same for the purposes of said trust. 

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

Section 4. The action of the town of Westport in the 
year nineteen hundred and fifty-one in voting to authorize 
the selectmen to negotiate and enter into an agreement with 
Methodist Episcopal Church of Westport Point, now called 
the Westport Point Methodist Church, and for the acquisi- 
tion of such rights as said church may have in and to the 
Westport Point Cemetery and of the funds held by said 
church for the care and maintenance of said cemetery, and 
thereafter to maintain said cemetery as a public burial 
ground, is hereby ratified and confirmed, and shall have the 
same effect and validity as if section one of this act had 
been in effect prior to said vote. 

Approved March 16, 1953. 

An Act regulating the disposal of containers used Chap.187 

FOR REFRIGERATIVE PURPOSES. 

Be it enacted, etc. , as follows: 

Chapter 271 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 45, inserted by chapter 346 of the f 46,' added.^'' 
acts of 1952, the following section: — Section Jf.6. Whoever, Disposal of 
having been the owner of a container originally used for for"refrig7raute 
refrigerative purposes, fails to remove the door or doors ^^''^at^^^j 
from the same before discarding such container, unless the ""^^ 
container may be easily opened from the inside, shall be 
punished by a fine of not more than one hundred dollars. 

Approved March 16, 1953. 



142 Acts, 1953. — Chaps. 188, 189, 190. 



Chap. 188 An Act providing for a five year term for the con- 
troller OF ACCOUNTS IN THE CITY OF MALDEN. 

Be it enacted, etc., asfolloivs: 

Section 1. The controller of accounts in the city of 
Maiden shall have all the powers and duties now conferred 
or imposed by law upon the office of the controller of ac- 
counts. He shall have charge and oversight of the accounts 
and bookkeeping of the city of Maiden and of the various 
departments thereof, and shall have such other powers and 
duties as the city council may by ordinance prescribe. 

Section 2. The city council of the city of Maiden, as 
soon after its organization as may be convenient, in years 
when it organizes, otherwise on the first Monday in January, 
or as soon thereafter as may be convenient, shall quin- 
quennially choose, by concurrent vote, a controller of ac- 
counts, who shall hold office for the term of five years next 
ensuing and until the qualification of his successor; pro- 
vided, that he may be removed at any time by the city 
council for sufficient cause and any vacancy occurring in 
such office may be filled at any time by concurrent vote of 
the city council. The compensation of the controller of 
accounts shall be fixed by concurrent vote of the city council. 

Section 3. So much of chapter one hundred and eighty 
of the Special Acts of nineteen hundred and seventeen as is 
inconsistent with the provisions of this act is hereby repealed. 

Section 4. Nothing in this act shall affect the term of 
the controller of accounts of said city in office on the effective 
date of this act. 

Section 5. This act shall take effect upon its passage. 
Approved March 17, 1963. 

Chap. 189 An Act designating the auditorium at the grafton 

state hospital as the PAINE AUDITORIUM. 

Be it enacted, etc., as follows: 

Section 1. The auditorium at the Grafton state hospital 
shall be known and designated as the Paine Auditorium as a 
tribute to Dr. Harlan L. Paine who retired from the service 
of the commonwealth in September, nineteen hundred and 
forty-eight after serving more than twenty years as super- 
intendent of said hospital. 

Section 2. This act shall take effect upon its passage. 
Approved March 18, 1955. 

Chap. 190 An Act authorizing the town of marshfield to appro- 
priate MONEY FOR, AND TO PAY, A CERTAIN BILL. 

Be it enacted, etc., as follows: 

Section 1. The town of Marshfield may appropriate and 
pay a sum not exceeding seventeen hundred and sixty-eight 
dollars and forty-three cents for the cost of a station trans- 



Acts, 1953. — Chap. 191. 143 

mitter and receiver, and of a mobile transmitter and receiver 
ordered by the water commissioners and installed for the 
water department, notwithstanding the failure of said water 
commissioners to comply with the provisions of section 
four B of chapter forty of the General Laws, relative to 
contracts for the purchase of equipment, supplies and ma- 
terials, and notwithstanding the absence of an appropria- 
tion for the purpose at the time such equipment was ordered 
to be furnished and dehvered to said town. 
Section 2. This act shall take effect upon its passage. 
Approved March 18, 1953. 

An Act relative to the acknowledgment of written (J^iar) IQI 

INSTRUMENTS BY PERSONS SERVING IN OR WITH THE 
ARMED FORCES OF THE UNITED STATES. 

Whereas, The deferred operation of this act would tend ^"fmbie^^ 
to defeat its purpose, which is in part to provide immediately ^"^^^^ 
an opportunity for persons serving in and with the armed 
forces of the United States in various parts of the world to 
make valid acknowledgments of written instruments before 
certain officers of the United States in such forces, 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. • 

Chapter 222 of the General Laws is hereby amended by g. l. (Ter. 
adding at the end the following section: — Section 11. Any fti,' fdled.^'' 
person serving in or with the armed forces of the United Acknowiedg- 
States may acknowledge any instrument, in the manner and wHtten^nstru- 
form required by the laws of this commonwealth, before any "^e^^^s by 
commissioned officer in the active service of the armed armedlfo^cea. 
forces of the United States with the rank of second Heutenant 
or higher in the army, air force or marine corps, or ensign or 
higher in the navy or United States coast guard, wherever 
such person serving is located. Any such instrument shall 
contain a statement that the person executing the instru- 
ment is serving in or with the armed forces of the United 
States. No such instrument shall be rendered invalid by 
the failure to state therein the place of execution or acknowl- 
edgment. 

No authentication of the officer's certificate of acknowl- 
edgment shall be required. 

Instruments so acknowledged outside of the common- 
wealth, if otherwise in accordance with law, shall be received 
and may be used in evidence, or for any other purpose, in 
the same manner as if taken before a commissioner of the 
commonwealth appointed to take depositions in other states. 

Approved March 18, 195S. 



144 



Acts, 1953. — Chap. 192. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 168. § 47, 
etc., amended. 



Payment of 
dividends by 
savings banks, 
regulated. 



Chap. 192 An Act pertaining to the payment of dividends by 

SAVINGS BANKS. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose which is to prescribe the manner in 
which savings banks may declare regular and extra divi- 
dends, therefore it is hereby declared to be an emergency 
law necessary for the immediate preservation of the pubUc 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 168 of the General Laws is hereby 
amended by striking out section 47, as most recently amended 
by section 17 of chapter 334 of the acts of 1933, and inserting 
in place thereof the following section: — Section 47. (a) The 
income of such corporation, after deducting the reasonable 
expenses incurred in the management thereof, the taxes 
paid, exclusive of taxes based upon income and profits, and 
the amount required to be set apart for the giiaranty fund, 
shall be divided among its depositors or their legal repre- 
sentatives, at periods of not more than six months as de- 
termined by its by-laws, in the manner set forth in this 
section and section fifty. 

(6) An ordinary dividend shall be declared at least every 
six months from income which has been earned, and which 
has been collected during the six months next preceding the 
date of the dividend, except that there may be added to 
such income the earnings remaining undivided after the 
crediting of the preceding dividend, but the total ordinary 
dividends declared during any twelve-month period shall 
not exceed the net income of the corporation actually col- 
lected during such period, except upon written approval of 
the commissioner. 

(c) If ordinary dividends are declared for periods of less 
than six months they shall be declared from the income 
which has been earned, and which has been collected since 
the date of the dividend next preceding, except that there 
may be added to such income the earnings remaining un- 
divided after the crediting of the preceding dividend but 
after deducting for said period the reasonable expenses 
incurred, the taxes paid, exclusive of taxes based upon 
income and profits, and a proportional percentage of the 
amount required to be set apart for the guaranty fund. 

(d) Dividends shall be treated as deposits, and if not 
withdrawn shall be considered, in computing the dividend 
next following, as having been on deposit for the preceding 
interest period. 

(e) Ordinary dividends shall be at such rate as the trustees 
shall determine. 

(/) No ordinary dividend shall be declared or paid except 
as above provided, nor upon a deposit of less than three 
months' standing, but, if the by-laws of the corporation so 
provide, ordinary dividends may be declared and paid upon 



Acts, 1953. — Chap. 192. 145 

deposits of one, two, four or five months' standing. In the 
computation of such dividends, when the day on which 
deposits begin to draw interest, as provided in the by-laws 
or regulations, falls on a Sunday or legal hohday, deposits 
made on the next succeeding business day, and remaining 
on deposit through the balance of the monthly period, may 
be construed as having been on deposit one full month, 
within the meaning of this section. The corporation may, 
by its by-laws, provide that a dividend shall not be declared 
or paid on deposits of less than three dollars, or that frac- 
tional parts of a dollar shall not be included in principal in 
computing dividends. 

Section 2. Said chapter 168 is hereby further amended Ed')"i68%50 
by striking out section 50, as most recently amended by etc!, 'amended. ' 
section 1 of chapter 161 of the acts of 1952, and inserting in 
place thereof the following section : — Section 50. (a) When- Extra divi- 
ever the guaranty fund, profit and loss account and un- decilr^d*?''" 
allocated reserves together amount to fifteen and one quarter 
per cent of the deposits after an ordinary dividend is de- 
clared, an extra dividend shall be declared. The estimated 
amount of the ordinary dividend shall be added to the 
deposits, and the estimated earnings remaining undivided, 
after deducting the estimated amount of the ordinary divi- 
dend, shall be added to the profit and loss account for the 
purposes of determining whether the guaranty fund, profit 
and loss account and unallocated reserves together amount 
to fifteen and one quarter per cent of deposits. The amount 
of the extra dividend shall be determined in accordance 
with and subject to the limitations of subsection (6) hereof, 
and shall be computed in the same manner as the ordinary 
dividend and shall be paid on the day on which the ordinary 
dividend is paid. 

(6) The amount of the extra dividend to be declared 
under the provisions of subsection (a) hereof shall be at a 
rate of not less than one quarter of one per cent, and, in the 
sole discretion of the trustees, the amount may be limited 
to one half of one per cent, provided there has been no 
voluntary reduction in the rate of ordinary dividend, when 
the earnings are available, below the rate of the last pre- 
ceding ordinary dividend paid. Whenever there has been 
such a voluntary reduction in the rate of ordinary dividend 
when the earnings are available, the said voluntary reduc- 
tion in the rate of the ordinary dividend shall be added to 
the rate of the extra dividend to be declared; but in no 
case shall the payment of an extra dividend as herein pro- 
vided reduce (1) the guaranty fund, profit and loss account 
and unallocated reserves together to less than fifteen per 
cent of the deposits, nor (2) reduce either the guaranty fund 
or unallocated reserves. 

(c) Notwithstanding the provisions of subsections (a) and 
(6) of this section, the trustees may declare an extra divi- 
dend of not less than one eighth nor more than one half of 
one per cent payable at such times and in such manner as 



146 Acts, 1953. — Chap. 193. 

they may determine, provided that the guaranty fund, 
profit and loss account and unallocated reserves shall in the 
aggregate amount to at least eleven per cent of the whole 
amount of deposits, and the amount of the extra dividend 
does not reduce the guaranty fund, profit and loss account 
and unallocated reserves to less than eleven per cent of the 
whole amount of deposits; or that the surplus, reserves and 
undivided profits, determined in accordance with federal 
income tax laws and regulations relating to mutual savings 
banks, shall in the aggregate amount to at least twelve per 
cent of the whole amount of deposits, and the amount of 
the extra dividend does not reduce the surplus, reserves 
and undivided profits, so determined, below twelve per cent 
of the whole amount of deposits. 

Approved March 18, 1953. 



C/iap. 193 An Act relative to the guaranty fund of savings 

BANKS. 

^reambk"^ T^/iereas, The deferred operation of this act would tend 

to defeat its purpose which is to permit savings banks to 
use an alternative method of making transfers to their guar- 
anty funds, 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. (a) Except as provided in paragraph (6) of 
this section, the trustees of savings banks shall, immediately 
before making each semi-annual dividend, set apart as a 
guaranty fund from the income which has accumulated dur- 
ing the six months last preceding, not less than one eighth 
nor more than one fourth of one per cent of the whole amount 
of deposits or a proportional percentage thereof if the divi- 
dend period is less than six months, until such fund amounts 
to seven and one half per cent thereof. 

(b) The amounts required or permitted to be set apart 
as a guaranty fund, as provided in paragraph (a) of this 
section may be made by transfers from the profit and loss 
account, provided (1) the guaranty fund, profit and loss 
account and unallocated reserves shall in the aggregate 
amount to at least eleven per cent of the whole amount of 
deposits; or (2) the surplus, reserves, and undivided profits, 
determined in accordance with federal income tax laws and 
regulations relating to mutual savings banks, shall in the 
aggregate amount to at least twelve per cent of the whole 
amount of deposits. 

(c) Such fund shall thereafter be held to meet losses in 
its business from depreciation- of its securities or otherwise. 
When such fund amounts to less than seven and one half per 
cent of the whole amount of deposits, no losses shall be met 
therefrom except upon written approval of the commissioner. 

Section 2. The provisions of section forty-five of chap- 



Acts, 1953. — Chap. 194. 147 

ter one hundred and sixty-eight of the General Laws, and 
such other provisions of law, relative to the guaranty fund 
of savings banks, as are inconsistent with this act shall have 
no force and effect during the effective period of this act. 

Section 3. This act shall become inoperative after De- 
cember first in the year nineteen hundred and fifty-four. 

Approved March 18, 1953. 



An Act relative to the amount that may be invested Qhav 194 

BY A SAVINGS BANK IN BANKING PREMISES AND IN ALTERA- 
TIONS IN AND ADDITIONS TO BANKING PREMISES OWNED 
OR LEASED BY SUCH A BANK. 

Whereas, The deferred operation of this act would tend ^rTambk''^ 
to defeat its purpose which is to permit savings banks to 
construct or alter bank buildings or add parking facilities 
thereto, therefore, it is hereby declared to be an emergency 
law necessary for the immediate preservation of the pubUc 
convenience. 

Be it enacted, etc., as follows: 

Section 54 of chapter 168 of the General Laws is hereby g. l. (Ter. 
amended by striking out clause Eleventh, as most recently ftt^'amfAded^' 
amended by chapter 160 of the acts of 1952, and inserting in 
place thereof the following clause : — 

Eleventh. Any such corporation may invest in real estate investments 
to be used in whole or in part for the convenient transaction etcTby'slv- 
of its business; provided, that the aggregate amount in- ings banks, 
vested in such real estate, including the cost of land and of ^^^"^ ^^^'^' 
the erection or preparation of buildings and parking facili- 
ties, and including the cost of alterations and improvements 
in and additions to such land or buildings, shall not exceed 
an amount equivalent to twenty-five per cent of the com- 
bined total of its guaranty fund, profit and loss account and 
unallocated reserves. All such investments shall be made 
subject to the approval of the commissioner, except an in- 
vestment in alterations or improvements involving an ex- 
pense of twenty thousand dollars or less made in any period 
of twenty-four consecutive months. The amount author- 
ized to be invested by such a corporation in a bank building 
and alterations therein and additions thereto, including park- 
ing facilities, shall from time to time be increased by all 
sums reaUzed by it from any sale or other disposal of the 
whole or any part thereof, and to the extent approved by 
the commissioner by sums charged off by it for depreciation, 
obsolescence or amortization. Any such corporation may, 
with the approval of the commissioner, expend sums not 
exceeding, in the aggregate, two per cent of the combined 
total of its guaranty fund, profit and loss account and 
unallocated reserves or seventy-five thousand dollars, which- 
ever is the lesser, for alterations in, or additions to, any 
premises leased by it for the transaction of its business; 
provided, that the amount so authorized to be expended 



148 



Acts, 1953. — Chaps. 195, 196. 



shall from time to time be increased to the extent approved 
by the commissioner by sums charged off by it for deprecia- 
tion, obsolescence or amortization. This clause shall be 
applicable notwithstanding any other authorization con- 
tained in any special law enacted prior to January first, 
nineteen hundred and fifty-three. 

Approved March 18, 1953. 



Chap. 195 An Act relative to the posting of certain lists of 

CIVIL SERVICE EMPLOYEES. 



G. L. (Ter. 
Ed.), 31, § 150, 
etc., amended. 



Posting of 
lists of 
civil service 
employees. 



Penalty. 



"Department' 
defined. 



Be it enacted, etc., as follows: 

Chapter 31 of the General Laws is hereby amended by 
striking out section 15C, as most recently amended by 
chapter 385 of the acts of 1950, and inserting in place thereof 
the following section: — Section loC. On or before March 
first in each year, every appointing officer shall submit to 
the director in such form as he may require, under the 
penalties of perjury, a fist of officers and employees in his 
department as of January second in the year in which the 
fist of officers and employees is compiled, who are civil 
service employees, setting forth the title of the class and 
grade of the office or position of each such officer and em- 
ployee and his seniority as provided in section fifteen D. 

Every such appointing officer shall cause a copy of such 
list signed by him to be posted forthwith in a prominent 
place in the department for inspection during the year by 
any person. 

Any such appointing officer who neglects or wilfully 
refuses to post a copy of such list shall be punished by a 
fine of not more than one hundred dollars. 

The superior court, upon suit by the attorney general, or 
upon petition of one or more taxable inhabitants of a city 
or town, may enforce this section and said section fifteen D. 

The word "department", as used in this section, shall 
mean a department, division, institutional unit or other 
unit of a department in case such a unit is established by 
law, ordinance or by-law or under authority thereof, and, 
when so used with respect to employees in the labor service 
of the department of public works, shall mean the district 
established under section eighteen A in which such employees 
serve. Approved March 18, 1953. 



Chap.lQQ An Act relative to the records required to be kept 

AT GARAGES. 

Be it enacted, etc., as follows. • 

Section 32 of chapter 90 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out the first sentence and inserting in place thereof the 
following sentence : — Every manufacturer of and dealer in 
motor vehicles, and every owner, proprietor, person in 
control or keeper of a garage, and, in the city of Boston, every 



G. L. (Ter. 
Ed.), 90, § 32, 
amended. 



Records of 
garages, 
open air park- 
ing spaces, etc 



Acts, 1953. — Chap. 197. 149 

owner, proprietor, person in control or keeper of an open air 
parking space kept open with attendants day and night 
for the storage or keeping for hire of motor vehicles, shall 
keep or cause to be kept in a book a proper record of every 
motor vehicle which enters and which leaves his garage, 
stable, shop or place of business; provided, however, that 
any dealer in motor vehicles, or person engaged in the repair 
or servicing of motor vehicles, who makes no charge for the 
storage of motor vehicles, shall be exempt from keeping the 
record book above referred to if and so long as he keeps 
adequate records of the repairs and services performed with 
respect to the motor vehicles which come into his custody, 
which records show in substance the information required 
to be shown in said book. Approved March 18, 1953. 



An Act reorganizing the board of trustees of the Phnr) IQ? 

METROPOLITAN TRANSIT AUTHORITY AND INCREASING THE '^* 

POWERS OF THE ADVISORY BOARD OF SAID AUTHORITY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 544 of the acts of 1947 is hereby 
amended by striking out section 2 and inserting in place 
thereof the following section : — Section 2. The affairs of 
the authority shall be managed by a board of three trustees, 
hereafter in this act called the trustees, appointed by the 
governor with the advice and consent of the council, of whom 
one shall be experienced in the transportation field, one in 
labor relations, and one in administrative and financial 
matters. The trustees initially appointed hereunder shall 
serve for terms of two, four and six years, respectively, as 
the governor shall provide in their respective appointments. 
As the term of a trustee expires, his successor shall be ap- 
pointed by the governor, with Uke advice and consent, for a 
term of six years. All trustees appointed hereunder shall 
hold office until the quahfication of their respective succes- 
sors. The governor shall designate from time to time one 
of the trustees as chairman. Any trustee may be removed 
for cause by the governor, with Uke advice and consent. Any 
vacancy in the oflRce of a trustee shall be filled, for the un- 
expired term, by the governor, with like advice and consent. 
Section three of chapter twelve of the General Laws shall 
not apply to said board of trustees. 

Section 1A. Section 3 of said chapter 544 is hereby 
amended by striking out the third sentence and inserting 
in place thereof the following sentence : — They shall not 
be in the employ of, or own any stock in, or be in any way, 
directly or indirectly, pecuniarily interested in, any gas or 
electric company, railroad corporation, bus or street railway 
company. 

Section 2. Section 4 of said chapter 544 is hereby 
amended by striking out the third sentence and inserting in 
place thereof the following two sentences : — The trustees 



150 Acts, 1953. — Chap. 197. 

may from time to time appoint and at pleasure remove a 
clerk, a treasurer, a general manager and such other officers, 
agents and employees of the authority as they may deem 
necessary, and may determine their duties and their compen- 
sation, which shall be paid by the authority; provided, how- 
ever, that no appointment of a general manager or hke officer 
shall be effective until approved by the advisory board es- 
tabUshed by chapter four hundred and four of the acts of 
nineteen hundred and fifty-two. The trustees shall cause 
accurate accounts of all receipts and expenditures of the 
authority to be kept at all times, and shall make an annual 
report, containing an abstract of such accounts, to the gover- 
nor, the general court, and the trustees of the district created 
by chapter three hundred and eighty-three of the acts of 
nineteen hundred and twenty-nine and now known as the 
Boston Metropolitan district and hereafter in this act re- 
ferred to as the district. 

Section 3. Chapter 649 of the acts of 1949 is hereby 
amended by inserting after section 6 the following : — Section 
6 A. The authority shall not after the effective date of this 
section issue any bond for the purpose of providing funds 
for the construction of a project under this act unless the 
project shall have been approved by the advisory board 
estabhshed by chapter four hundred and four of the acts of 
nineteen hundred and fifty-two; provided, however, that 
neither the district nor the purchaser of any bond issued by 
the district shall be obliged to see to the apphcation of the 
proceeds of any bond issued by the authority. 

Section 4. The board of trustees of the Metropolitan 
Transit Authority in existence immediately prior to the 
passage of this act shall be abolished, and the terms of 
office of the members thereof shall terminate, upon the 
quahfication of the board of trustees initially appointed 
under section one of this act; and upon such quahfication 
the board of trustees so in existence shall forthwith deliver 
all books, records and papers in its custody to the board of 
trustees so appointed. The board of trustees provided for 
by section one of this act shall have all the powers and duties 
of the board of trustees in existence immediately prior to 
the passage of this act, including, without hmiting the 
generahty of the foregoing, the powers and duties vested in 
said board by the second paragraph of section two of chapter 
five hundred and forty-four of the acts of nineteen hundred 
and forty-seven prior to its amendment by section one of 
this act. 

Section 5. Section 1 of chapter 404 of the acts of 1952 
is hereby amended by striking out the first sentence and 
inserting in place thereof the following four sentences: — 
There is hereby estabhshed a board, to be known as the 
advisory board of the Metropolitan Transit Authority, 
consisting of the city manager or, if there be no such official, 
the mayor, of each city, and the chairman of the board of 
selectmen of each town, constituting said authority. Every 



Acts, 1953. — Chap. 198. 151 

action by said board shall require the affirmative vote of 
eighty-five per cent of the total number of votes in said 
board. Each city manager, mayor and chairman of a board 
of selectmen shall have a number of votes in proportion to 
the amount paid by his city or town under the last preceding 
assessment under section thirteen of chapter five hundred 
and forty-four of the acts of nineteen hundred and forty- 
seven. The board hereby estabUshed shall organize an- 
nually by the election of a chairman and a secretary, and 
may incur expenses, not exceeding three thousand dollars 
annually, for stenographic and clerical work, which shall 
be paid by the Metropohtan Transit Authority and in- 
cluded in the cost of the service under section eleven of 
said chapter five hundred and forty-four. 

Section 6. This act shall take effect upon its passage. 
Approved March 19, 19 53. 

An Act relating to the corporate powers and immu- (Jjidj) jgg 

NITIES OF ROBERT STERLING CLARK ART INSTITUTE. ^' 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose which is, in part, to encourage and co- ^'^*^'" 
operate without delay in the construction of the art museum 
now being constructed for the pubhc benefit in the town of 
Wilhamstown, through the generosity of a private donor, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follow s: 

Section 1. Robert Sterhng Clark Art Institute, a liter- 
ary and educational corporation organized under general 
law, and having its principal estabhshment in the town of 
Williamstown, is authorized to hold, for the purposes for 
which it is incorporated, real and personal estate to an 
amount not exceeding twenty-five milUon dollars. 

Section 2. In addition to all exemptions granted by the 
General Laws, the real estate and buildings of said Robert 
Sterling Clark Art Institute shall be exempt from taxation 
in the year nineteen hundred and fifty-three and during the 
period of the construction and equipping of its museum as 
well as thereafter. 

Section 3. All objects of art and other personal prop- 
erty lent to said Robert Sterhng Clark Art Institute for 
exhibition to the pubhc shall be exempt from taxation while 
in the custody of the institute or in transit thereto or there- 
from. Approved March 19, 1953. 



152 



Acts, 1953. — Chaps. 199, 200. 



Chap.199 An Act authorizing the town of clarksburg to use 

THE PROCEEDS FROM THE SALE OF CERTAIN SCHOOL PROP- 
ERTIES FOR THE PAYMENT OF DEBT INCURRED BY IT FOR 
SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
sixty-three of chapter forty-four of the General Laws, the 
town of Clarksburg is hereby authorized to use the pro- 
ceeds from the sale of school properties for the payment of 
debt and interest thereon incurred by said town for school 
purposes under authority of chapter five hundred and sixty- 
nine of the acts of nineteen hundred and forty-nine. 

Section 2. This act shall take effect upon its passage. 
Approved March 19, 1953. 



Chap. 200 An Act relative to notices of applications for licenses 

for the use of BUILDINGS FOR THE KEEPING, STORAGE, 
MANUFACTURE OR SALE OF CERTAIN EXPLOSIVES AND 
INFLAMMABLE MATERIALS. 

Be it enacted, etc., as follows: 

The first paragraph of section 13 of chapter 148 of the 
General Laws, as most recently amended by chapter 329 of 
the acts of 1951, is hereby further amended by inserting after 
the word "land", in line 16, as appearing in section 27 of 
chapter 550 of the acts of 1948, the words: — or directly op- 
posite said land on any public or private street as they ap- 
pear on the most recent local tax list at the time the applica- 
tion for such hcense is filed, — so as to read as follows: — 
No building or other structure shall, except as provided in 
section fourteen, be used for the keeping, storage, manu- 
facture or sale of any of the articles named in section nine, 
unless the local Hcensing authority shall have granted a 
hcense to use the land on which such building or other struc- 
ture is or is to be situated for the aforementioned uses, after 
a pubhc hearing, notice of the time and place of which hear- 
ing shall have been given, at the expense of the applicant, 
by the clerk of the city or of the local hcensing authority, by 
publication, not less than seven days prior thereto, in a 
newspaper published in the English language in the city or 
town wherein said land is situated, if there is any so published 
therein, otherwise in the county in which such city or town 
lies, and also by the applicant by registered mail, not less 
than seven days prior to such hearing, to all owners of real 
estate abutting on said land or directly opposite said land 
on any public or private street as they appear on the most re- 
cent local tax list at the time the apphcation for such license 
is filed, and unless the application for such license shall have 
endorsed thereon the certificate of approval or disapproval 
of the head of the fire department. Such license shall be re- 
corded in the office of the city or town clerk, and it shall, 



G. L. (Ter. 
Ed.), 148, § 13, 
etc., amended. 



Notices of 
applications 
for licenses for 
storing, manu- 
facturing, etc., 
explosives, 
regulated. 



Acts, 1953. — Chaps. 201, 202. 153 

from the time of the granting thereof by the Ucensing au- 
thority, be deemed a grant attaching to the land described 
therein and as an incident of ownership thereof running with 
the land and shall not be deemed to be merely a personal 
privilege. Any Hcense granted hereunder, or any hcense for 
the keeping, storage, manufacture or sale of any of the 
articles named in section nine, granted prior to July first, 
nineteen hundred and thirty-six, including any license re- 
instated and continued by the marshal as herein provided, 
shall remain in force unless and until revoked as hereinafter 
provided. Any such license granted hereunder shall be sub- 
ject to such conditions and restrictions as may be prescribed 
in the license by the local hcensing authority, which may 
include a condition that the license be exercised to such 
extent and within such period as may be fixed by such au- 
thority. Approved March 19, 1953. 

An Act relative to transfers op equipment from one QIiq^t) 201 

STATE agency TO ANOTHER BY THE STATE PURCHASING 
AGENT. 

Be it enacted, etc., as follows: 

Chapter 7 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 25A, inserted by section 2 of chapter 344 ^tc'^'amended ' 
of the acts of 1943, and inserting in place thereof the follow- 
ing section: — Section 25 A. The state purchasing agent Transfers of 
may provide for the transfer of supplies and equipment pur- FrTnTl^nT* 
chased from state appropriations from one state agency to fo'^anotlfeT^ 
another when, in his opinion, such transfer is for the best in- 
terests of the commonwealth, and may provide for the mak- 
ing of suitable adjustments on the books of account of the 
commonwealth of such transfer. He shall also have authority 
to approve the amount or quantities of all supphes and ma- 
terials purchased by state agencies, notwithstanding that 
such agency has conformed to the regulations relative to such 
purchases and that an appropriation is available therefor. 
In case an application by a state agency is not approved by 
the state purchasing agent, such agency may appeal in writ- 
ing to the commission, whose decision shall be final. 

Approved March 19, 195S. 



An Act authorizing the town of upton to make addi- 
tional WATER LOANS AND ABOLISHING THE UPTON CENTER 
WATER DISTRICT IN THE TOWN OF UPTON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of developing well fields, ex- 
tending the present water mains and water system, erecting 
pumping station mth pump, installing new standpipe and 
improving water distribution facilities, the town of Upton 
may borrow from time to time such sums as may be neces- 
sary, not exceeding, in the aggregate, two hundred and 
twenty-two thousand dollars, and may issue bonds or notes 



Chap.202 



154 Acts, 1953. — Chap. 203. 

therefor which shall bear on their face the words, Upton 
Water Loan, Act of 1953. Each authorized issue shall consti- 
tute a separate loan, and such loans shall be payable in not 
more than thirty years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory limit, 
but shall, except as provided herein, be subject to the pro- 
visions of chapter forty-four of the General Laws. 

Section 2. Chapter two hundred and twenty of the acts 
of nineteen hundred and forty-six and chapter one hundred 
and ninety-five of the acts of nineteen hundred and forty- 
nine, relating to the establishment of the Upton Center 
Water District in the town of Upton, are hereby repealed. 

Section 3. The town of Upton is hereby authorized to 
take over all the properties, rights, powers and privileges of 
the Upton Center Water District, established by chapter 
two hundred and twenty of the acts of nineteen hundred and 
forty-six and amended by chapter one hundred and ninety- 
five of the acts of nineteen hundred and forty-nine, and to 
assume all the duties and obhgations of said district, and 
shall thereby become in all respects the lawful successor to 
said district. 

Section 4. 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 
vahdity of any of the notes, bonds or other obligations of 
said district outstanding on said date. Any indebtedness 
incurred by said district and outstanding at the time it is 
taken over by the town shall be assumed by the town. 

Section 5. 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 Upton. 

Section 6. This act shall take full effect upon its accept- 
ance by a majority of the registered voters of the town of 
Upton voting thereon at the annual or a special town meet- 
ing called for the purpose in the current year, but not 
otherwise. Approved March 23, 1953. 

C hap. 20S An Act extending the time within which the town of 

LEXINGTON MAY BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section L Section 1 of chapter 186 of the acts of 1947, 
as amended by section 1 of chapter 26 of the acts of 1949, is 
hereby further amended by striking out, in line 6, the word 
"six" and inserting in place thereof the word: — eight, — 
so as to read as follows: — Section 1. For the purposes of 
acquiring land for and constructing one or more school 
buildings, or constructing additions to existing school build- 
ings, and of originally equipping and furnishing the same, 
the town of Lexington may borrow from time to time, within 



Acts, 1953. — Chaps. 204, 205. 155 

a period of eight years from the passage of this act, such 
sums as may be necessary, not exceeding, in the aggregate, 
three milUon dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Lexington School 
Building Loan, Act of 1947. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than twenty years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit, but shall, except as herein provided, be subject to 
chapter forty-four of the General Laws, including the hmita- 
tion contained in the first paragraph of section seven thereof. 
Section 2. This act shall take effect upon its passage. 
Approved March 2S, 1955. 

An Act authorizing the county commissioners of Chav.204: 

PLYMOUTH COUNTY TO RELOCATE THE CENTRAL HEATING 
PLANT FOR COUNTY BUILDINGS IN THE TOWN OF PLYMOUTH 
AND TO USE AVAILABLE FUNDS FOR THE SAME. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make the provisions thereof P'"ean"bie. 
effective forthwith, 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 L The county commissioners of Plymouth 
county are hereby authorized to relocate the central heating 
plant for the county buildings in the town of Plymouth, in- 
cluding the installation of new boilers and such other changes 
necessary to the equipment and completion thereof. 

Section 2. For the purposes aforesaid, the commissioners 
are hereby further authorized to expend a sum of money, 
not in excess of fifty-five thousand dollars, from available 
funds as follows : — forty thousand dollars from the post- 
war rehabihtation fund established under the provisions of 
chapter five of the acts of nineteen hundred and forty-three, 
and fifteen thousand dollars from surplus funds available 
under authorization of chapter four hundred and seventy- 
five of the acts of nineteen hundred and fifty-two, for addi- 
tions and improvements to the Plymouth county registry of 
deeds building, which is heated from the central plant. 

Approved March 23, 195S. 

An Act relative to the auditing of welfare districts. Chap.205 

Be it enacted, etc., as follows. ■ 

Section 1. Chapter 117 of the General Laws is hereby g l. (Ter^ ^ 
amended by inserting after section 44 the following section : § 44A, added!*^ 
— Section J+Jf-A. The director of accounts in the department Auditing of 
of corporations and taxation shall cause an audit to be made welfare du- 
annually of the accounts of all districts organized under the \l^^^l' '■^^"' 
authority of section forty-four, and for such purpose he, and 
his duly accredited agents, shall have access to all necessary 



156 Acts, 1953. — Chaps. 206, 207. 

papers, books and records. The expenses incurred for said 
audits shall be paid primarily by the commonwealth. Said 
director shall apportion the cost of each audit among the 
several municipalities comprising the district on the basis 
of the taxable valuation of said municipahties as last estab- 
hshed by the general court for state and county taxes, and 
submit the amounts of each apportiormient to the state 
treasurer, who shall issue his warrant requiring the assessors 
of the cities and towns which comprise the district to assess 
a tax to the amount so apportioned, and such amount shall 
be collected and paid to the state treasurer as provided by 
section twenty of chapter fifty-nine. 

Section 2. This act shall take effect upon its passage. 
Approved March 23, 1953. 



C hap. 20Q An Act authorizing the town of provincetown to 

APPROPRIATE MONEY FOR MUNICIPAL ADVERTISING PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Provincetown may annually 
appropriate a sum of money not to exceed three thousand 
dollars for advertising the advantages of the town with 
special reference to its facihties for summer vacations, 
recreation, residential purposes and seashore advantages. 
The money so appropriated shall be expended under the 
direction of the selectmen. 

Section 2. This act shall take full effect upon its ac- 
ceptance by said town within five years after its passage. 

Approved March 23, 1953. 

Chap. 207 An Act relative to special licenses for engineers 

AND FIREMEN. 

Be it enacted, etc., as follow s: 

Ed^' ilr's 49 Section 1. Section 49 of chapter 146 of the General 
amended.' ' Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out the last sentence and inserting 
in place thereof the following sentence : — Special hcenses : 
fo'/cLrtain"^^^ ^ pcrsou who desircs to have charge of or to operate a par- 
enginlerT ticular steam plant may, if he files with his application for 
and firemen. guch examination a written request signed by the owner or 
user of the plant, be examined as to his competence for such 
service and no other, and, if found competent and trust- 
worthy, he shall be granted a license for such service, and no 
other; provided, that no special hcense shall be granted to 
give any person charge of or permission to operate an engine 
of over fifty horse power, or a boiler or boilers exceeding in 
the aggregate one hundred and fifty horse power, except 
that where the main power plant is run exclusively by water 
power, developed on the premises of such plant a major 
part of the year, and has auxiUary steam power for use 



Acts, 1953. — Chaps. 208, 209. 157 



during periods of low water, a special license may be granted 
to an applicant holding an engineer's license. 

Section 1A. Section 46 of said chapter 146 of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is Amended." ^ ^^' 
hereby amended by inserting after the word "agricultural", 
in hne 6, the words : — , horticultural and floricultural, — 
so that the first sentence will read as follows : — No person Licenses for 
shall have charge of or operate a steam boiler or engine or cenainlfoiiers 
its appurtenances, except boilers and engines upon locomo- ^^^ engines, 
tives, motor vehicles, boilers and engines in private resi- 
dences, boilers in apartment houses of less than five apart- 
ments, boilers and engines under the jurisdiction of the 
United States, boilers and engines used for agricultural, 
horticultural and floricultural purposes exclusively, boilers 
and engines of less than nine horse power, and boilers used 
for heating purposes exclusively which are provided with 
a device approved by the commissioner limiting the pressure 
carried to fifteen pounds to the square inch, unless he holds 
a license as hereinafter provided. 

Section 2. No special Ucense issued prior to the effective Proviso. 
date of this act shall be invalidated or affected in any way 
by the provisions of section one of this act. 

Approved March 23, 1953. 

An Act making retroactive certain provisions of law QJiav 208 

RELATING TO THE EXEMPTION FROM THE INCOME TAX LAW 
CERTAIN CONTRIBUTIONS TO FEDERAL PENSIONS OR RETIRE- 
MENT FUNDS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make immediately effective ^^^^^ ^■ 
the provisions thereof, 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 555 of the acts of 1952 is hereby amended by 
adding at the end the following section : — Section 2. This 
act shall take effect as of January first, nineteen hundred 
and fifty-two. Approved March 24, 1953. 

An Act increasing the amount of indemnity insurance C/iay0.209 
which a municipality is authorized to provide in 
certain cases. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby Sj^iJ^js 
amended by striking out clause (1), as most recently amended etc!, 'amended. 
by chapter 149 of the acts of 1953, and inserting in place 
thereof the following clause : — 

(1) To pay a proper charge of an insurance company for increase in 
acting as surety on the official bond of any town officer, to indemnity 
pay a proper charge for effecting insurance providing in- '°/J^'i^g^*'i, 
demnity for or protection to a town treasurer or a town col- municipalities, 

authorized. 



158 Acts, 1953. — Chap. 210. 

lector of taxes against his liability for the loss, without fault, 
connivance or neglect on his part, of money for which he is 
accountable to the town, or to pay a proper charge for effect- 
ing insurance providing indemnity for or protection to any 
officer or employee of the town, or volunteer driver of fire 
apparatus of the town whose service as such is approved by 
the selectmen against loss by reason of his hability to pay 
damages to others for bodily injuries, including death at any 
time resulting therefrom, or for damage to property, caused 
by the operation, within the scope of his official duties or 
employment, of motor or other vehicles or vessels owned by 
the town, to an amount not exceeding twenty-five thousand 
dollars on account of injury to or death of one person, or not 
exceeding one hundred thousand dollars for any one acci- 
dent, and not exceeding five thousand dollars on account of 
damage to property, or to pay a proper charge for effecting 
insurance providing indemnity for or protection to any of 
the officers or employees of the town named in section one 
hundred of chapter forty-one against loss by reason of any 
expenses or damages within the provisions of said section, or 
to pay a proper charge to prevent loss by reason of destruc- 
tion or damage of buildings or personal property by fire or I 
other causes normally covered by fire insurance policies! 
issued in the commonwealth, or to pay a proper charge for 
effecting insurance to cover the town's liabihty to pay work- 1 
men's compensation, or, if the town has elected to establish 
and maintain an insurance fund to pay workmen's compen- 
sation under section thirteen A of this chapter, to pay a 
proper charge for aggregate excess or single accident re- 
insurance to protect the town from extraordinary work- 
men's compensation losses. Approved March 24, 1953. 

Chap. 210 An Act further regulating investments by credit 

UNIONS IN FEDERAL SAVINGS AND LOAN ASSOCIATIONS. 

Be it enacted, etc., as follows: 

Edo'i7iT§2i. Chapter 171 of the General Laws is hereby amended by 
etc., 'amended.' striking out sectiou 21, as most recently amended by chapter 
121 of the acts of the current year, and inserting in place 
?y credft ^*"' thcrcof the following section: — Section 21. The capital, 
unions, further dcposits and surplus of a credit union shall be invested in 
regu ate . Joaus to mcmbcrs, 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 conmiittee and the board of 
directors may be deposited in savings banks or trust com- 
panies or banking companies which are members of the 
Federal Deposit Insurance Corporation, incorporated under 
the laws of this commonwealth, or in national banks located 
therein, or invested in any bonds, notes, bankers' acceptances 
or bank stocks which are at the time of their purchase legal 
investments for savings banks in this commonwealth, or, to 



Acts, 1953. — Chap. 211. 159 

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 common- 
wealth, or in the shares of savings and loan associations 
incorporated in the commonwealth, or in shares of federal 
savings and loan associations having a usual place of business 
within the commonwealth to an amount not to exceed ten 
thousand dollars in any one of such associations, but not 
more than five per cent of the assets of a credit union shall 
be invested in bank stocks; provided, that not more than 
fifteen thousand dollars shall be invested in the stock of any 
one bank. At least five per cent of the total assets of a Limitation. 
credit union shall be carried as cash on hand or as balances 
due from banks and trust companies or banking companies 
which are members of the Federal Deposit Insurance Cor- 
poration, or invested in the bonds or notes of the United 
States, or of any state, or subdivision thereof, which are 
legal investments for savings banks as above provided, or 
in the shares of Central Credit Union Fund, Inc. ; provided, 
that such bonds, notes or shares are the absolute property 
and under the control of such credit union. Whenever the 
aforesaid ratio falls below five per cent, no further loans 
shall be made until the ratio as herein provided has been 
re-estabhshed. Investments, other than personal loans, 
shall be made only with the approval of the board of directors. 
Subject to such approval and to the approval of the com- 
missioner, a credit union may invest a sum not exceeding 
its guaranty fund and other surplus accounts in the purchase 
of a suitable site and the erection or preparation of a suitable 
building for the convenient transaction of its business. 

Approved March 24, 195S. 

An Act requiring laundries and dry cleaning estab- Chav. 21\ 

LISHMENTS TO FILE THEIR IDENTIFICATION MARKINGS 
WITH THE COMMISSIONER OF PUBLIC SAFETY. 

Be it enacted, etc., as follows: 

Chapter 93 of the General Laws is hereby amended by ^^^•ip'■■ 
inserting after section 18, as appearing in the Tercentenary § isa, a'ddld. 
Edition, the following section: — Section 18 A. Every per- Laundry and 
son conducting a laundry or dry cleaning estabhshment, or fjfntJfic^ro^n 
offering as an independent contractor the services of such markings, 
an establishment, shall report to the commissioner of pubhc "^ 
safety, on forms suppUed by the commissioner, the type and 
style of laundry or dry cleaning identification marks which 
are attached to or stamped or written upon garments proc- 
essed by such establishment when returned to the customer. 
Such report shall be accompanied by actual samples of the 
identification markings used. Any change in identification 
marking systems, either by ehminating such marking or 
changing the system of identification marking used, shall be 
reported to the commissioner immediately. 



160 Acts, 1953. — Chaps. 212, 213. 

Penalty. Any peison who violates any provision of this section 

shall be punished by a fine of not more than one hundred 
dollars or by imprisonment in jail for not more than three 
months, or both. Approved March 24, 1953. 



Chap. 212 An Act relative to the contents of and the arrange- 
ment OF names on ballots. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 54, § 42, 
etc., amended. 



Arrangement 
of names 
on ballots, 
regulated. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide for the arrange- 
ment of names on ballots, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of pubUc convenience. 

Be it enacted, etc., as follows: 

The second paragraph of section 42 of chapter 54 of the 
General Laws, as appearing in chapter 272 of the acts of 
1948, is hereby amended by striking out the first sentence 
and inserting in place thereof the following sentence : — 
Under the designation of the office, the names of the candi- 
dates for re-election to any office to be filled for a city or 
town office of which they are the elected incumbents shall, 
except in places where voting machines are used, be placed 
first on the ballot in alphabetical order according to their 
surnames, except as city charters otherwise provide in the 
case of municipal offices; and the names of candidates for 
different terms of service in the same office shall be arranged 
in groups according to the length of their respective terms, 
and the names of candidates nominated by single wards but 
to be voted for at large, shall be arranged in groups by 
wards. Approved March 27, 1953. 



Chap. 213 An Act authorizing the entry of a decree making a 

FINDING THAT THE LIBELLANT IS LIVING APART FROM THE 
LIBELLEE FOR JUSTIFIABLE CAUSE IN CERTAIN CASES WHERE 
DIVORCE DECREES HAVE BEEN DENIED. 

Be it enacted, etc., as follows: 

Section 1. Chapter 208 of the General Laws is hereby 
amended by inserting after section 20 the following section: 
— Section 20 A. If, after a hearing, the allegations of a libel 
for divorce are not sustained the court may, if the facts 
warrant, enter a decree denying the divorce and making a 
finding that the libellant is living apart from the libellee for 
justifiable cause and may make such orders relative to the 
support of the wife and the care, custody and maintenance of 
the minor children of the parties as the circumstances re- 
quire. The various provisions of chapter two hundred and 
nine which relate to proceedings commenced under section 
thirty-two thereof shall be applicable to this section. 

Section 2. This act shall take effect on July first, nine- 
teen hundred and fifty-three. Approved March 27, 1953. 



G. L. (Ter. 
Ed.), 208, new 
§ 20A, added. 
Entry of 
decree when 
divorce 
denied. 



Effective 
date. 



Acts, 1953. — Chaps. 214, 215. 161 



An Act authorizing the county commissioners of barn- (Jfidj} 214 

STABLE COUNTY TO ESTABLISH THE BARNSTABLE COUNTY 
BEACH COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Barnstable 
county are hereby authorized to establish and appoint a 
commission which shall be known as the Barnstable County 
Beach Commission. The commission shall consist of three 
persons, residents of Barnstable county residing in different 
towns. One of the members shall be designated by the 
county commissioners as chairman. Of the members origi- 
nally appointed hereunder, one shall serve for one year, one 
for two years and one for three years. Any member ap- 
pointed thereafter shall serve for a term of three years. 
Any vacancy shall be filled for the remainder of the un- 
expired term in the same manner as the original appoint- 
ment. The commission shall meet upon call of the chair- 
man or upon written request of two members. 

Section 2. It shall be the duty of the commission to 
assist, advise, confer and co-operate with those branches of 
the federal, state, county or town governments and private 
organizations that are engaged in meeting the recreational 
needs of the citizens of the commonwealth through non-profit 
recreation programs in the county of Barnstable, and to 
submit, from time to time, reports of its activities with 
recommendations of the recreational needs, beaches, shore 
erosion and protection and harbor improvement and pro- 
tection of the county, to the county commissioners. 

Section 3. The commission shall be provided with suit- 
able offices in the county, and may expend for expenses 
necessary or reasonable in connection with its duties such 
sums as may be appropriated therefor. The commission 
may employ such persons as may be necessary to carry on 
efficiently the purpose of the commission. The members of 
the commission shall serve without compensation, but they 
shall be reimbursed for necessary traveUng and other ex- 
penses and disbursements incurred or expended in the per- 
formance of their official duties. 

Section 4. Nothing in this act shall be construed as 
depriving the residents of Massachusetts from using any of 
the beaches in Barnstable county. 

Approved March 27, 19 53. 

An Act placing the position of supervisor of parole C/iap.215 

FOR men under the PROVISIONS OF THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section 1. The last sentence of section 127 of chapter g. l. (Ter. 
127 of the General Laws, added by section 2 of chapter 449 ^Hr^etc., 
of the acts of 1945, is hereby amended by striking out, in amended. 



162 Acts, 1953. — Chaps. 216, 217. 

lines 5 to 7, the words ", and who shall not be subject to 
chapter thirty-one and the rules and regulations made under 
authority thereof". 
Position of^^ Section 2. The position of supervisor of parole for men 
pa?oirfo?men in the department of correction shall, upon the effective 
civi?ir''^Sf date of this act, become subject to the civil service laws and 
rules, and the incumbent of said position on December first, 
nineteen hundred and fifty-two shall be deemed to be per- 
manently appointed thereto without serving any proba- 
tionary period, and his tenure of office shall be unlimited, 
subject, however, to said laws and rules; provided, that 
said incumbent passes a quahfying examination to which 
he shall be subjected by the division of civil service. 

Approved March S7, 1953. 

C hap. 21Q An Act relative to the erection and maintenance of 

SUITABLE BRIDGE GUARDS AT BRIDGES OR OTHER STRUC- 
TURES crossing railroad TRACKS. 

Be it enacted, etc., as follows: 

EdV 160 "^^ Chapter 160 of the General Laws is hereby amended by 

§ 134, etc., striking out section 134, as amended by section 1 of chapter 
amended. 273 of the acts of 1941, and inserting in place thereof the 
maintenance of ^ol^o'^T^Tig sectiou: — Sectiou IS^. Whenever the depart- 
bridge*' guards, mcut shall SO Order, every railroad corporation shall erect 
and maintain, under conditions prescribed by the depart- 
ment, suitable bridge guards at bridges or other structures 
crossing the railroad above the track. 

Approved March 27, 195S. 

Chap. 217 An Act authorizing the barnstable fire district to 

SUPPLY ITSELF AND ITS INHABITANTS WITH WATER FOR 
THE EXTINGUISHMENT OF FIRES AND FOR DOMESTIC USE 
FROM SOURCES OUTSIDE OF THE LIMITS OF THE BARNSTABLE 
FIRE DISTRICT AND WITHIN THE TOWN OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. Section 5A of chapter 109 of the acts of 
1926, inserted by section 3 of chapter 302 of the acts of 
1934, is hereby amended by striking out, in line 13, the 
words "said district" and inserting in place thereof the 
words: — the town of Barnstable, — so that the first sen- 
tence will read as follows : — For the purposes set forth in 
the second sentence of section two, said district, acting by 
and through its board of water commissioners hereinafter 
provided for, may contract with any municipaUty, 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/or take by eminent domain under chapter seventy- 
nine of the General Laws, or acquire by lease, purchase or 
otherwise, and hold, the waters, or any portion thereof, of 
any pond, brook, spring or stream or of any ground water 



Acts, 1953. — Chap. 218. 163 

sources by means of driven, artesian or other wells or filter 
galleries, within the limits of the town of Barnstable, not 
already appropriated for purposes of a public water supply, 
and the water rights connected with any such water sources; 
and also may take as aforesaid, or acquire by purchase or 
otherwise, and hold, all lands, rights of way and easements 
necessary for collecting, storing, holding, purifjang and 
treating such water and protecting and preserving the 
purity thereof and for conveying the same to any part of 
said district; provided, that no source of water supply and 
no lands necessary for protecting and preserving the purity 
of the water shall be so taken or used without first obtaining 
the advice and approval of the state department of pubhc 
health, and that the location and arrangement of all dams, 
reservoirs, wells or filter galleries, filtration and pumping 
plants or other works as may be necessary in carrjdng out 
the provisions of sections five A to five H, inclusive, shall 
be subject to the approval of said department. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the Barnstable 
Fire District present and voting thereon at a district meeting 
called for this purpose within three years after its passage; 
but the number of meetings so called in any one year shall 
not exceed three. Approved March 21, 1953. 

An Act providing for the display of sporting, hunt- Chap. 21^ 

ING, FISHING OR TRAPPING LICENSES. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 131 of the General Laws g. l. (Ter. 
is hereby amended by striking out the next to the last sen- Sf ameJed 
tence, as appearing in section 1 of chapter 302 of the acts 
of 1948, and inserting in place thereof the following sentence: 
— No person holding a sporting, hunting, fishing or trapping Display of 
license shall transfer or loan such license; and every holder requiled'"''"''^' 
thereof shall, while fishing, hunting or trapping, carry on '^^^""'^ 
his person and wear in a visible manner on his outer clothing 
his license authorizing him so to do in accordance with such 
rules and regulations as the director of the division of fisheries 
and game may from time to time prescribe, and shall pro- 
duce it for examination upon the demand of any conserva- 
tion officer, deputy, warden, or other officer qualified to 
serve criminal process, or upon the demand of an owner or 
lessee of land upon which the licensee is fishing, hunting or 
trapping, or upon the demand of the agent of such owner or 



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

Approved March 27, 1953. 



164 



Acts, 1953. — Chaps. 219, 220. 



Chap.219 An Act temporarily reviving Italian legion auxiliary, 

BOSTON UNIT NUMBER ONE, 

Be it enacted, etc., as follows: 

Italian Legion Auxiliary, Boston Unit Number One, a 
corporation dissolved July twentieth, nineteen hundred and 
forty, by decree of the supreme judicial court for Suffolk 
county, is hereby revived and continued for a period of six 
months from the effective date of this act for the sole pur- 
pose of disposing of certain funds of the corporation. 

Approved March 27, 1953. 



G. L. (Ter. 
Ed.), 175, § 79, 
etc., amended. 



Guaranty 
capital of 
mutual 
insurance 
companies. 



Chap. 220 An Act relative to the guaranty capital of mutual 

INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 175 of the General Laws is hereby 
amended by striking out section 79, as amended by section 1 
of chapter 23 of the acts of 193.3, and inserting in place 
thereof the following section : — Section 79. A mutual fire 
company may, at the time of its formation or, if two thirds 
of the votes of its policyholders cast at a meeting duly called 
for the purpose are recorded in favor of such action, at any 
time after its formation, establish a guaranty capital of not 
less than twenty-five thousand nor more than two hundred 
thousand dollars, divided into shares of a par value of one 
hundred dollars each, to be invested as provided by this 
chapter for the investment of the capital stock of domestic 
stock companies. Any such company may, at any time by a 
like vote and with the written approval of the commissioner, 
increase said guaranty capital to an amount not exceeding 
two hundred thousand dollars. The holders of shares of 
guaranty capital shall be entitled to a semi-annual dividend 
of not more than three and one half per cent on their re- 
spective shares if the net profits or unused premiums, left 
after all expenses, losses and liabilities then incurred, with 
the reserve for reinsurance, are provided for, shall be suffi- 
cient to pay the same. Shareholders and members of such 
companies shall, except as otherwise provided herein, be sub- 
ject to the same provisions of law relative to their right to 
vote as apply respectively to shareholders in stock companies 
and policyholders in mutual fire companies. The guaranty 
capital shall be applied to the pajonent of losses only when 
the company has exhausted its assets, exclusive of uncollected 
premiums ; and when thus impaired, the directors may make 
good the whole or any part of it by assessments upon the 
contingent funds of the company at the date of such impair- 
ment. Such guaranty capital shall be retired by the direc- 
tors of the company at par when the profits accumulated 
under section eighty equal two per cent of its insurance in 
force; and such guaranty capital may, upon the recording 
in favor of such action of two thirds of the votes cast at a 



Acts, 1953. — Chap. 221. 165 

special meeting duly called for the purpose, as provided in 
the by-laws of the company, and with the written approval 
of the commissioner, be reduced or retired, if the net assets 
of the company above its reinsurance reserve and all other 
claims and obligations, exclusive of guaranty capital, for 
two years last preceding and including the date of its last 
annual statement under section twenty-five has been not 
less than one hundred per cent of the amount of the guaranty 
capital. Due notice of any proposed action under this sec- 
tion shall be given to the policyholders in the manner pro- 
vided in the by-laws of the company for the amendment of 
such by-laws or for the calling of a special meeting. No 
company with a guaranty capital which has ceased to do new 
business shall retire such capital or pay any dividends 
thereon, except from income from its investments, until it 
shall have performed or cancelled its policy obligations. 
The holders of the guaranty capital of a mutual fire com- 
pany shall not be entitled in any event to share in the dis- 
tribution of its assets beyond the amount of the par value of 
their shares and any dividends declared and payable thereon. 

Section 2. Section 90C of said chapter 175 of the Gen- g. l. (Xer. 
eral Laws, as appearing in the Tercentenary Edition, is f goc!^^' 
hereby amended by striking out the first paragraph and amended, 
inserting in place thereof the following paragraph : — Any same 
mutual company empowered by subdivision (e) of section ^^^J^"*- 
fifty-four to transact the kinds of business set forth in the 
fourth clause of section forty-seven, which has net cash 
assets, computed on the basis fixed by sections ten to twelve, 
inclusive, of not less than two million dollars may, in Heu 
of a guaranty capital as provided in section ninety B, if 
previously authorized by a vote of its policyholders at any 
meeting and with the written approval of the commissioner, 
segregate a portion of its net cash assets to an amount of not 
less than two hundred thousand nor more than five hundred 
thousand dollars and constitute said amount a guaranty 
fund. Approved March 27, 1953. 

An Act relative to the operation of the Springfield Qhav. 22\ 

MUNICIPAL HOSPITAL, AND THE INCORPORATION THEREIN 
OF THE EXISTING ISOLATION HOSPITAL IN THE CITY OF 
SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Chapter 455 of the acts of 1948 is hereby 
amended by striking out section 3 and inserting in place 
thereof the following section : — Section 3. Said trustees 
appointed under authority of section two shall also have the 
powers and duties of directors of infirmary, but nothing in 
this act shall be construed to limit the powers of said com- 
missioner of public health to direct, manage, control and 
regulate the chnics and the tuberculosis dispensary. 

Section 2. Said chapter 455 is hereby further amended 
by inserting after said section 3 the following section : — 



166 Acts, 1953. — Chaps. 222, 223. 

Section 3 A. The existing isolation hospital in the city of 
Springfield used for the reception of persons having diseases 
dangerous to public health shall, upon the completion of the 
Springfield Municipal Hospital, as authorized in section one, 
excepting so much of the construction and equipment of 
said municipal hospital as was to be used for the reception 
of persons having diseases dangerous to the pubHc health, 
be incorporated in and be part of the said Springfield Mu- 
nicipal Hospital, but pending such incorporation the said 
isolation hospital shall be under the direction, management 
and control of the commissioner of pubhc health of said city. 
Section 3. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the city of Spring- 
field, subject to the provisions of its charter, but not other- 
wise. Ay-proved March 27, 1953. 

Chav. 222 An Act authorizing twentieth century fund, inc. to 

HOLD additional REAL AND PERSONAL ESTATE. 

Emergency Whcreas, The deferred operation of this act would tend 

pream e. ^^ defeat oue of its principal purposes, which is to grant to 
the corporation referred 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 pubUc con- 
venience. 
Be it enacted, etc., as follows: 

The Twentieth Century Fund, Inc., a corporation or- 
ganized under general law, is hereby authorized to hold, for 
the purposes for which it is incorporated, real and personal 
estate to an amount not exceeding twenty milUon dollars. 

Approved March SO, 1953. 

Chap.223 An Act authorizing the state treasurer to deposit 

MONEY IN certain BANKING COMPANIES. 

Be it enacted, etc., as follows: 
G^L.^Ter.^^ Chapter 29 of the General Laws is hereby amended by 
etc!. 'amended'. Striking out sectiou 34, as most recently amended by chap- 
ter 396 of the acts of 1948, and inserting in place thereof the 
Dep9sitof following section: — Section 34- The state treasurer may 
by^tatT""*^^^ deposit any portion of the public moneys in his possession 
in such national banks, or trust companies, or banking 
companies, lawfully doing business in the commonwealth, 
as shall be approved at least once in three months by the 
governor and council ; but the amount deposited in any one 
bank or trust company or banking company shall not at 
any time exceed forty per cent of its paid up capital, or, in 
the case of a bank or trust company or banking company 
having a paid up capital of not less than three miUion dol- 
lars, forty per cent of its paid up capital and surplus; pro- 
vided, that said limit may be exceeded for the purpose of 



treasurer, 
regulated 



Acts, 1953. — Chaps. 224, 225. 167 

the temporary deposit for not more than fifteen days of 
receipts from tax collections in a bank or trust company or 
banking company located on the same premises as the office 
of the collection section of the department of corporations 
and taxation. For the purpose of pajdng the principal or 
interest due on any bond, note or other obhgation of the 
commonwealth, which is payable in the city of New York, 
he may keep on deposit in any national bank or trust com- 
pany in said city, approved for the purpose by the governor 
and council, a sum not exceeding in the aggregate twenty- 
five thousand dollars; provided, that for a period of two 
weeks prior to the date of any such payment or payments, 
said amount may be increased by a sum or sums sufficient 
to cover the same. A state treasurer making any deposit 
in violation of the foregoing provision shall be deemed 
guilty of misconduct and maladministration in his office 
within the meaning of the constitution; and any bank or 
trust company or banking company receiving any deposit 
in violation thereof shall be disqualified from receiving said 
moneys for the period of three years from the date of said 
deposit. All interest received on any deposits under this 
section shall be paid to the commonwealth. 

Approved March SO, 1953. 

An Act repealing certain provisions of law penalizing Chap. 224: 

THE USE OF CERTAIN BAIT IN ICE FISHING. 

Be it enacted, etc., as follows: 

Section 40A of chapter 131 of the General Laws, inserted gjf {Jf- 
by chapter 79 of the acts of 1946, is hereby repealed. § wk. ' 

Approved March 30, 1953. ^epe^'^d. 

An Act relative to the registration of motor vehicles QJiav 225 

BY CERTAIN DISABLED VETERANS. 

Be it enacted, etc., as follows: 

The seventh paragraph of section 2 of chapter 90 of the g. l. (Ter. 
General Laws, as most recently amended by chapter 82 of ftc'^ 'amended 
the acts of 1952, is hereby further amended by striking out, ^ ^" '""''" 
in lines 13 to 15, the words "loss, or loss of use, of any arm 
at or above the wrist or of any leg at or above the ankle " and 
inserting in place thereof the following : — loss or permanent 
loss of use of one or both feet; or loss or permanent loss of 
use of one or both hands; or permanent impairment of 
vision of both eyes of the following status: central visual 
acuity of 20/200 or less in the better eye, with corrective 
glasses, or central visual acuity of more than 20/200 if there 
is a field defect in which the peripheral field has contracted 
to such an extent that the widest diameter of visual field 
subtends an angular distance no greater than twenty degrees 
in the better eye. — so as to read as follows: — 

The registrar shall furnish at his office, without charge, to Registration 
every person whose motor vehicle is registered under this vlwdes'by 



168 Acts, 1953. —Chap. 226. 

certain dis- chapter, two number plates of suitable design, and to every 
rSatldf ^"^' person whose trailer is so registered, one such number plate, 
having displayed thereon the register number assigned to 
that vehicle; provided, that number plates assigned to 
ambulances, fire engines and apparatus, police patrol wagons 
and other vehicles used by the police department of any 
city or towTi or park board solely for the official business of 
such department or board, and pleasure passenger vehicles 
owned by veterans who, according to the records of the 
United States Veterans' Administration, by reason of service 
in the armed forces of the United States have suffered loss 
or permanent loss of use of one or both feet; or loss or per- 
manent loss of use of one or both hands; or permanent 
impairment of vision of both eyes of the following status: 
central visual acuity of 20/200 or less in the better eye, with 
corrective glasses, or central visual acuity of more than 
20/200 if there is a field defect in which the peripheral field 
has contracted to such an extent that the widest diameter of 
visual field subtends an angular distance no greater than 
twenty degrees in the better eye, and to vehicles registered 
by any member of a foreign diplomatic corps or by any 
foreign consular officer who is not a citizen of the United 
States may be of a distinctive type or types. The number 
plates so furnished shall, except as provided by section nine, 
and except in case the registrar for any valid reason extends 
the time, be valid only for the year for which they are issued. 
If the registrar extends the time he may make rules and 
regulations requiring the display of visible evidence upon 
every motor vehicle that it has been registered and that 
the plates in use thereon are valid. Any plate becoming 
illegible because of construction defects shall be replaced by 
the registrar without cost. Approved March 30, 1953. 

Chap. 226 An Act authorizing the town of barnstable to retire 

AND PAY A PENSION TO HERBERT L. THOMAS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of his long and meritorious service 
as highway surveyor, the town of Barnstable is hereby author- 
ized to retire and pay a pension to Herbert L. Thomas, high- 
way surveyor of said town. The amount of said pension shall 
be two thousand dollars per year and shall be paid in equal 
monthly installments. 

Section 2. Action taken under this act at the annual j 
town meeting of the town of Barnstable held in the current I 
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 31, 1953. 



Acts, 1953. — Chaps. 227, 228. 169 



An Act authorizing the city of westfield to establish (Jhnjj 227 

A BOARD OF WATER COMMISSIONERS IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 294 of the acts of 1920 
is hereby amended by inserting after the paragraph num- 
bered 19 the following paragraph: — 

20. The board of water commissioners, which shall con- 
sist of three members, who shall have the charge, control and 
management of the waterworks and water supply, and shall 
have the powers and perform the duties conferred or im- 
posed upon water commissioners by chapter three hundred 
and twenty-two of the acts of eighteen hundred and seventy- 
three and acts in amendment thereof and in addition thereto; 
and shall have the powers and perform the duties pertaining 
to the charge, control and management of the waterworks 
and water supply as heretofore conferred or imposed upon 
the board of public works under this section. 

They shall appoint a superintendent, who shall hold office 
for the term of one year and until his successor is appointed 
and quahfied, and who shall, under the direction and control 
of the board, have charge of the work thereof. The said 
superintendent shall appoint such assistants as the work 
may require, subject to the approval of the board. 

Section 2. The paragraph numbered 6 in said section 
eight of said chapter two hundred and ninety-four is hereby 
amended by striking out the second sentence. 

Section 3. The members of the board of water commis- 
sioners shall be designated in their original appointments to 
serve for terms of one, two and three years, respectively, 
from the first Monday in February and until their successors 
are appointed and qualified. Upon the expiration of the term 
of a member, his successor shall be appointed for a term of 
three years. 

Section 4. This act shall be submitted to the voters of 
said city at the next annual city election in the form of the 
followng 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- 
three entitled 'An Act authorizing the city of Westfield to 
establish a board of water commissioners in said city', 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 March 31, 1953. 

An Act to enable the proprietors of Arlington street Chav,228 

CHURCH to add TO THEIR MEMBERSHIP PERSONS WHO 
ARE NOT PROPRIETORS OF PEWS. 

Be it enacted, etc., as follows: 

Section 1. The members of the religious society now 
having the corporate name of The Proprietors of Arlington 
Street Church, incorporated by chapter nineteen of the 



170 Acts, 1953. — Chap. 229. 

acts of eighteen hundred and five under the name of The 
Proprietors of the Meeting-House in Federal Street in the 
Town of Boston, which name was changed to The Proprie- 
tors of Arhngton Street Church by chapter eleven of the 
acts of eighteen hundred and sixty-two, shall include, in 
addition to the proprietors of pews in the meeting-house 
belonging to said religious society, who now constitute the 
sole members thereof, such other persons as the members 
of said society may from time to time elect to membership, 
which membership shall be for such term and subject to 
such conditions as the said members shall from time to 
time prescribe. At any regular or special meeting of said 
rehgious society called after the effective date of this act, 
twenty-five members shall constitute a quorum, provided, 
however, that no vote shall be passed authorizing the sale 
of any Meeting House belonging to the society except by a 
two thirds vote of a meeting duly called for the purpose at 
which a majority of the members of the society are present. 
The members of the corporation may from time to time, at 
any meeting duly called for the purpose, adopt a system of 
voting by proxy. The corporation and the members thereof 
as so constituted shall have all the powers and privileges 
and shall be subject to all the duties, liabiUties and restric- 
tions contained in the act of incorporation as heretofore 
amended. 

Section 2, The religious society now having the corpo- 
rate name of The Proprietors of Arlington Street Church 
shall hereafter be called and known by the name of Arlington 
Street Church. 

Section 3. This act shall take effect upon its acceptance 
by vote of the said The Proprietors of Arlington Street 
Church at any annual or special meeting held before January 
first, nineteen hundred and fifty-four, and the filing with 
the state secretary of a certified copy of said vote, but not 
otherwise. Approved March SI, 1953. 

Chap. 22^ An Act authorizing the payment of premiums on cer- 
tain GENERAL OR BLANKET ACCIDENT AND HEALTH OR 
LIFE INSURANCE POLICIES FROM FUNDS CONTRIBUTED BY 
THE INDIVIDUALS SO INSURED. 

Be it enacted, etc., as follows: 
G. L. (Ter. SECTION 1. Subdivisiou (A) of section 110 of chapter 175 

§ lio/etc., of the General Laws, as amended by section 1 of chapter 532 
amended. ^f ^^ie acts of 1952, is hereby further amended by inserting 

after the word "both", in fine 51, the following: — , or the 
premiums on which are paid by such trustees partly from 
such funds contributed by the employer or employers of the 
employees, or by the union or unions or association or asso- 
ciations, or both, and partly from funds contributed by the 
insured persons specifically for their insurance. 
Edo ,■ 175,'' Section 2. Clause (e) of section 133 of said chapter 175, 

§ i'33. etc., as most recently amended by section 3 of chapter 404 of the 

amended. 



Acts, 1953. — Chaps. 230, 231. 171 

acta of 1951, is hereby further amended by inserting after 
the word "both", in hne 19, the following: — , or partly 
from such funds contributed by the employer or employers 
of the insured persons, or by the union or association or 
unions or associations, or by both, and partly from such funds 
contributed by the insured persons specifically for their 
insurance. Approved March 31, 195S. 

An Act further defining the words "local licensing Chap.230 
authority" as used in the laws relating to fire 
prevention in cities and towns. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 148 of the General Laws g. l. (Ter. 
is hereby amended by striking out the definition of "Local SciJ'amfided. 
licensing authority", as appearing in chapter 102 of the 
acts of 1932, and inserting in place thereof the following: — 

"Local hcensing authority", in towns, including those -Local licens- 
towns which have adopted a town management form of father d°efin^' 
government, the board of selectmen ; in Boston, the board of 
street commissioners; in cities having adopted one of the 
plans of government provided in chapter forty-three, the 
city council, or the hcensing board or commission in such 
cities wherein such a board or commission is authorized by 
statute or ordinance to grant licenses under this chapter; in 
other cities, the board of aldermen, or the licensing board or 
commission in cities wherein such a board or commission is 
authorized by statute or ordinance to grant Hcenses under 
this chapter ; provided, that in any town having over twenty 
thousand inhabitants, an unpaid hcensing board of three 
members may be appointed or designated by the board of 
selectmen to act as the hcensing authority in issuing licenses 
for garages for not more than two automobiles or motor 
vehicles. In case the board of aldermen or city council 
constitute such authority, any hearing required by this 
chapter may be held before a committee thereof. 

Section 2. No hcenses granted under chapter one Certain licenses 
hundred and forty-eight of the General Laws prior to the deemed^Lvaiid. 
effective date of this act shall be deemed invahd because of 
having been granted by a city or town manager or his dele- 
gate purporting to act as the local hcensing authority. 

Approved April 1, 1953. 

An Act increasing the exemption from taxation of Cfian 231 
parsonages. ^' 

Be it enacted, etc., as follows. • 

Clause Eleventh of section 5 of chapter 59 of the General Ed^M^s's 
Laws, as amended by chapter 317 of the acts of 1938, is etc!, amended, 
hereby further amended by striking out, in hne 3, the word 
"five" and inserting in place thereof the word: — ten. 

Approved April 1, 1953. 



172 Acts, 1953. — Chaps. 232, 233, 234. 



Chap.2S2 An Act designating the clinical and research labo- 
ratory AT THE BOSTON STATE HOSPITAL AS THE ABRAHAM 
MYERSON LABORATORY. 

Be it enacted, etc., as follows: 

Section 1. The clinical and research laboratory at the 
Boston State Hospital shall be known and designated as 
the Abraham Myerson Memorial Laboratory as a tribute 
to the late Dr. Abraham Myerson who during his lifetime 
contributed much to the advancement of psychiatry in 
Massachusetts and who was instrumental in founding the 
extensive research projects at Boston State Hospital. 

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

Approved April 6, 1953. 

Chap.2SS An Act designating the new hospital building at the 

WALTER E. FERNALD STATE SCHOOL AS THE DOUGLAS A. 
THOM hospital BUILDING. 

Be it enacted, etc., as follows. • 

Section 1. The new hospital building at the Walter E. 
Fernald State School shall be known and designated as the 
Douglas A. Thom Hospital Building as a tribute to the late 
Dr. Douglas A. Thom who during his lifetime contributed 
much to the advancement of child psychiatry. 

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

Approved April 6, 1953. 

Chav. 2S4: An Act relative to the use of flares at locations on 

WAYS where certain VEHICLES ARE DISABLED. 

Be it enacted, etc., as follows: 
G. L. (Ter. SECTION 1. The first paragraph of section 14B of chap- 

§ 146? etc., ter 85 of the General Laws, as amended by chapter 375 of 
amended. ^j^g ^^^^ qJ 1946, is hereby further amended by striking out, 

in Une 5, the words "which is not artificially hghted at 
Flares to be uight", — SO as to read as follows: — Whenever any com- 
certlin nl'oTor Hiercial vchicle having a gross weight in excess of five thou- 
vehicies are saud pouuds othcr than a motor bus or taxicab, or any 
automobile service truck, so called, becomes disabled upon 
the traveled portion of any street or highway the operator 
of such vehicle shall, during the time when lights are re- 
quired to be displayed on motor vehicles, place three flares 
on the traveled part of the way in the following positions : — 
one flare in the center of the traffic lane in which such dis- 
abled vehicle remains and distant approximately one hundred 
feet from such vehicle in the direction of traffic approach- 
ing in that lane; one flare not less than one hundred feet 
from such vehicle in the opposite direction in said lane; and 
one flare at the traffic side of such vehicle, not nearer than 
ten feet from the front or rear of such vehicle; provided, 
that if such vehicle is disabled within three hundred feet of 



disabled. 



Acts, 1953. — Chaps. 235, 236. 173 

a curve, crest of a hill, or other place where the view of such 
vehicle is obstructed, the flare in that direction shall be so 
placed as to afford ample warning to other persons using 
such way, and in no case less than one hundred feet, nor 
more than three hundred feet, from the disabled vehicle. 
The word "flare" as used in this section shall mean either "Fiare". 
a lighted pot torch, a lighted red electric lamp, or a red '^^^"^^• 
emergency reflector warning device, which conforms to the 
requirements of the specifications adopted by the Interstate 
Commerce Commission for the construction and perform- 
ance of such devices and bears the label of the Underwriters' 
Laboratory, Inc. 

Section 2. The second paragraph of said section 14B, Ed^'sJ^"^' 
as appearing in chapter 432 of the acts of 1938, is hereby § hb, etc.. 
amended by striking out, in line 2, the words "not arti- ^"'^'^'^^^■ 
ficially hghted at night", — so as to read as follows: — 

Every vehicle to which this section apphes, when operated ^jJ^rTeVon^^ 
on any street or highway shall, during the period when lights certain motor 
are required to be displayed on motor vehicles, carry three '^^''''''^^• 
flares in a position where they are easily accessible to any 
person desiring to use the same and to any officer or official 
authorized to inspect said vehicle. 

Approved April 6, 195S. 

An Act providing that the new nurses' home at the Qhav 235 

soldiers' home in MASSACHUSETTS BE KNOWN AS THE ^' 

GENERAL WILLIAM J. KEVILLE BUILDING. 

Be it enacted, etc., as follows: 

The nurses' home now under construction at the Soldiers' 
Home in Massachusetts shall, upon its completion, be known 
and designated as the General WilHam J. Keville Building. 

Approved April 7, 1953. 

An Act authorizing the commissioner of labor and C/iat).236 

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-four, the apphcation 
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 of minors over the age of sixteen, 
or both. The commissioner shall exercise this authority 
when he finds, after opportunity has been given to inter- 
ested parties to be heard, that an emergency exists or that 
conditions of hardship in an industry, branch of an indus- 
try, or individual establishment require or justify the sus- 
pension of any provision of such laws, rules or regulations. 



174 Acts, 1953. — Chaps. 237, 238. 

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 estabhsh- 
ment, or a particular industry or branch of an industry. 
The conmiissioner shall appoint industry advisory commit- 
tees, on which employers and employees shall be equally 
represented, to consult and advise with him in matters re- 
lating to the suspensions authorized by this act. 

Approved April 8, 1963. 

Chap. 2S7 An Act authorizing the city of westfield to appro- 
priate MONET FOR THE PAYMENT OF, AND TO PAY, CERTAIN 
UNPAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Westfield 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-three, the total of such bills being one thousand 
four hundred and sixty-eight dollars and sixty-four cents, as 
shown by a Ust filed in the office of the director of accounts 
in the department of corporations and taxation, as are le- 
gally unenforceable against said city by reason of its failure 
to comply with the provisions of its charter, or by reason 
of the fact that no appropriation was available at the time 
of incurring such bills. 

Section 2. No bill shall be paid under authority of this 
act unless and until a certificate has been signed and filed 
with the auditor of said city, stating under the penalties of 
perjury that the goods, materials or services for which such 
bill has been submitted were ordered by an official or em- 
ployee of said city, and that such goods and materials were 
deUvered 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 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 full effect upon its ac- 
ceptance by vote of the city council of the city of Westfield, 
subject to the provisions of its charter, but not otherwise. 

Approved April 8, 1953. 

Chap.23S An Act further regulating the weight of gloves worn 

BY CONTESTANTS IN PROFESSIONAL BOXING OR SPARRING 
MATCHES OR EXHIBITIONS. 

Be it enacted, etc., as follow s: 

G. L. (Ter. Sectiou 38 of chapter 147 of the General Laws, as amended 

etci^'amlnded^* by chapter 234 of the acts of 1947, is hereby further amended 

by striking out, in line 19, the word "six" and inserting in 

place thereof the word : — eight, — so that the sixth sen- 



Acts, 1953. — Chap. 239. 175 

tence will read as follows : — The contestants in professional ^^^^*^ f^^^^ 
matches or exhibitions shall wear, during the contest, gloves re^g^uLl^e^d"^^*' 
weighing at least eight ounces each and in amateur matches 
or exhibitions, unless otherwise authorized by the commis- 
sion, the contestants shall wear, during the contest, gloves 
weighing at least eight ounces each. 

Approved April 8, 19 53. 

An Act relative to the method of assessing the amount Qfidj) 239 

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-TWO. 

Be it enacted, etc., as follows: 

Section 1. The seventh paragraph of section 13 of 
chapter 544 of the acts of 1947, as most recently amended 
by chapter 251 of the acts of 1952, is hereby further amended 
by inserting after the word "fifty-one", in hne 20, the 
words: — , or on account of a deficiency as of the last day 
of December, nineteen hundred and fifty-two, — 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 
constituting the authority as provided by section twenty of 
chapter fifty-nine of the General Laws, as amended, in 
proportion to the number of persons in said cities and towns 
using the ser\dce of the authority at the time of said payment, 
said proportion to be determined and reported to the state 
treasurer by the trustees from computations made in their 
discretion for the purpose; provided, that any amount 
which the commonwealth is called upon to pay the au- 
thority on account of a deficiency as of the last day of 
December, nineteen hundred and forty-nine or on account 
of a deficiency as of the last day of December, nineteen 
hundred and fifty or on account of a deficiency as of the 
last day of December, nineteen hundred and fifty-one, or 
on account of a deficiency as of the last day of December, 
nineteen hundred and fifty-two, with interest and other 
charges incurred in borrowing the money for the purpose, 
shall be assessed upon the cities and towns constituting the 
authority as provided by section twenty of chapter fifty- 
nine of the General Laws, as amended, in proportion to the 
amounts paid under the last preceding assessment under 
section fourteen of chapter one hundred and fifty-nine of 
the Special Acts of nineteen hundred and eighteen. 

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

Approved April 9, 1963. 



176 



Acts, 1953. — Chaps. 240, 241. 



Emergency 
preamble. 



C/iap. 240 An Act increasing the maximum number of trustees 

OF THE MUSEUM OF FINE ARTS. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make the provisions con- 
tained therein effective forthwith, therefore it is hereby de- 
clared to be an emergency law, necessary for the immedi- 
ate preservation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Section 3 of chapter 4 of the acts of 1870 is hereby amended 
by striking out, in hne 7, the word "thirty" and inserting 
in place thereof the word : — thirty- five. 

Approved April 9, 1953. 



Chap. 2^1 An Act requiring the tagging of deer. 

Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 131, new 
§ 80A, added. 



Tagging of 
deer, regu- 



Effective 
date. 



Section 1. Chapter 131 of the General Laws is hereby 
amended by inserting after section 80, as appearing in sec- 
tion 2 of chapter 599 of the acts of 1941, the following 
section: — Section 80 A. To each resident and non-resident 
hunting and sporting license shall be attached a deer tag in 
a form prescribed by the director of the division of fisheries 
and game. Such deer tag shall remain attached to said 
hcense until removed for the purposes of affixing to a deer 
as provided herein and shall be void if detached for any 
other purpose. A person possessing a detached deer tag 
shall surrender the same to any officer empowered to enforce 
the laws relating to inland fisheries and game. Immediately 
upon taking a deer into possession, in accordance with sec- 
tion eighty, said tag shall be affixed to the deer in such a 
manner as may be prescribed by rules and regulations of the 
director of the division of fisheries and game, and remain 
thereon as long as any portion of the deer is in possession. 
Any carcass of a deer which, for the purposes of this section 
shall include parts thereof, so tagged may be possessed until 
the twentieth day of October next following the close of the 
season in which said deer was taken, and said deer tag shall 
be vahd only during that period, unless otherwise permitted 
by the director of the division of fisheries and game by appli- 
cation thereto. 

Possession of the carcass of a deer except as tagged or 
authorized herein shall be prima facie evidence that the 
same was unlawfully taken. 

Section 2. This act shall take effect on January first, 
nineteen hundred and fifty-four. Approved April 9, 19 58. 



Acts, 1953. — Chaps. 242, 243. 177 



An Act relative to the admissibility in evidence of Chav.242 

CERTAIN WRITTEN STATEMENTS. 

Be it enacted, etc., as follows: 

Section 23 A of chapter 233 of the General Laws, inserted £^^'233'^' 
by section 1 of chapter 424 of the acts of 1945, is hereby § 23A, etc., 
amended by inserting after the word "attorney", in line 14, ^""'"'^®'^- 
the words : — , or within such further time as the court may 
allow on motion and notice, — so as to read as follows : — 
Section 23 A. In any action to recover damages for personal o/'^rta^'^'*^ 
injuries or consequential damages, so called, resulting there- written 
from, no statement in writing signed by any party to the ^*''*'^"^®°*^- 
action, concerning the facts out of which the cause of action notJ^g'^^tc 
arose, given by such party, or a person in his behalf, to any 
other party to the action, or to his agent or attorney, or to 
the insurer of such other party, or to the agent or attorney 
of such insurer, shall be admissible in evidence in, or re- 
ferred to at, the trial of such action or in any proceeding con- 
nected therewith unless a copy of such statement is fur- 
nished to the party making the same or to his attorney 
within ten days after written request therefor made by such 
party or attorney to the adverse party or his attorney, or 
within such further time as the court may allow on motion 
and notice. Approved April 9, 1953. 



An Act providing that the game commonly known as Chap. 243 

SKILO, and similar GAMES, CONSTITUTE LOTTERIES. 

Be it enacted, etc., as follows: 

Chapter 271 of the General Laws is hereby amended by EdVJn'^n 
inserting after section 6 A, inserted by chapter 144 of the § gb, add'ed*"^ 
acts of 1938, the following section: — Section 6B. Whoever skiio, etc., 

. J ii 11 1 •! to constitute 

sets up or promotes the game commonly known as skilo or lotteries. 
any similar game regardless of name, shall be held to have 
set up and promoted a lottery and shall be punished as pro- 
vided in section seven. Approved April 10, 1953. 

The Commonwealth of Massachusetts, 

Executive Department, State House, 

Boston, April 10, 1953. 

Honorable Edwar,d J. Cronin, Secretary of the Commonwealth, 
State House, Boston, Massachusetts. 

Sir: — I, Christian A. Herter, by virtue of and in accord- 
ance with the provisions of the Forty-eighth Amendment to 
the Constitution, "The Referendum II, Emergency Meas- 
ures," do declare that in my opinion, the immediate preserva- 
tion of the public convenience requires that the law passed 
on the tenth day of April in the year nineteen hundred and 
fifty-three, being Chapter 243 of the Acts of 1953 entitled, 
"An Act providing that the Game commonly known as 
Skilo, and similar Games, constitute Lotteries," should take 



178 Acts, 1953. — Chaps. 244, 245. 

effect forthwith and that it is an emergency law, and that 
the facts constituting the emergency are as follows: 

The delayed operation of this legislation would permit, for 
an unreasonable time, the continued playing of the game 
commonly known as Skilo, and similar games, which affect 
adversely the moral standards of the people of our Common- 
wealth and which are, therefore, contrary to the pubhc 
interest and convenience. The game of Skilo has developed 
into a very profitable enterprise for the promoters, with the 
money, to a great extent, coming from the pockets of people 
least able to risk the elements of chance connected with the 
game. Therefore, it is necessary that the legislation referred 
to above should take effect forthwith. 

Very truly yours, 

Christian A. Herter, 
Governor of the Commonwealth. 

Office of the Secretary, Boston, April 13, 1953. 

I, Leo M. Harlow, Deputy Secretary of the Common- 
wealth, hereby certify that the accompanying statement 
was filed in this office by His Excellency the Governor of 
the Commonwealth of Massachusetts at ten o'clock and 
twenty-five minutes, a.m., on the above date, and in accord- 
ance with Article Forty-eight of the Amendments to the 
Constitution said chapter takes effect forthwith, being chap- 
ter two hundred and forty-three of the acts of nineteen hun- 
dred and fifty-three. 

Leo M. Harlow, 
Deputy Secretary of the Commonwealth. 

Chap. 24:4: An Act providing that female teachers or superin- 
tendents OF SCHOOLS SHALL NOT BE DISMISSED BECAUSE 
OF A CHANGE IN MARITAL STATUS. 

Be it enacted, etc., as follows. • 
G. L. (Ter. Sectiou 42 of chapter 71 of the General Laws is hereby 

§ 4'2,' etc., amended by inserting after the second sentence, as appear- 

amended. j^^g jj-^ chapter 123 of the acts of 1934, the following sentence: 

Marital — The chauge of marital status of a female teacher or super- 

femaie°^ iutendeut shall not be considered cause for dismissal under 

teachers, etc. ^-^[^ sectiou. Appvoved April 10, 1953. 

Chap. 245 An Act relative to the enforcement of the law per- 
taining TO the MAYFLOWER, THE FLORAL EMBLEM OF THE 

commonwealth. 

Be it enacted, etc., as follows: 

Ed ^ 2^5 7 Section 7 of chapter 2 of the General Laws, as appearing 

amended. ' in the Tercentenary Edition, is hereby amended by adding 

at the end the following sentence : — The provisions of this 

section shall be enforced by all officers in the department of 

conservation whose duty it is to enforce all laws relative to 



Acts, 1953. —Chap. 246. 179 

said department., — so as to read as follows: — Section 7. pXi[^ '"^ces 
The may flower (epigsea repens) shall be the flower or floral eto./to^flower 
emblem of the commonwealth. Any person who pulls up or mon%l°S^ 
digs up the plant of the mayflower or any part thereof, or penalized. ' 
injures such [plant or any part thereof except in so far as is 
reasonably necessary in procuring the flower therefrom, 
within the limits of any state highway or any other public 
way or place, or upon the land of another person without 
written authority from him, shall be punished by a fine of 
not more than fifty dollars; but if a person does any of the 
aforesaid acts while in disguise or secretly in the night time 
he shall be punished by a fine of not more than one hundred 
dollars. The provisions of this section shall be enforced by 
all officers in the department of conservation whose duty it 
is to enforce all laws relative to said department. 

Approved April 10, 195S. 

An Act to provide funds for state activities. Chap. 24:6 
Be it enacted, etc., as follows: 

Section 1. There is hereby imposed upon all domestic Spedai taxes 
manufacturing corporations, foreign manufacturing corpo- ®''*'""^®'^- 
rations, domestic business corporations and foreign corpora- 
tions, as defined in chapter sixty-three of the General Laws, 
as amended, in addition to the taxes levied under the provi- 
sions of sections thirty to fifty-one, inclusive, of said chapter 
sixty-three and all acts in amendment thereof and in addi- 
tion thereto, and in addition to the taxes imposed upon such 
corporations under section nine of chapter seven hundred 
and twenty-nine of the acts of nineteen hundred and forty- 
one, an additional excise tax equal to three per cent of the 
net income of each such corporation determined to be tax- 
able in accordance with the provisions of said chapter sixty- 
three; provided, that the tax imposed by this section shall 
not apply to corporations taxable under section thirty- 
eight B of said chapter sixty-three. All provisions of law 
relative to the assessment, payment, collection and abate- 
ment of the taxes imposed under said chapter sixty-three 
upon corporations taxable hereunder shall apply to the ad- 
ditional taxes herein imposed. This section shall apply only 
to taxes levied in or on account of the calendar years nine- 
teen hundred and fifty-four and nineteen hundred and fifty- 
five. The surtaxes imposed under section nine of chapter 
seven hundred and twent3'--nine of the acts of nineteen hun- 
dred and forty-one shall apply to the taxes imposed by this 
section. 

Section 2. There is hereby imposed, in addition to the 
taxes levied under subsection (b) of section five of chapter 
sixty-two of the General Laws, upon income derived from 
professions, employments, trade or business, and all acts in 
amendment thereof and in addition thereto, and in addition 
to any surtaxes, an additional tax equal to one per cent of 
such income. All provisions of law relative to the assess- 



180 Acts, 1953. — Chap. 246. 

ment, payment, collection and abatement of the taxes im- 
posed under said chapter sixty-two shall apply to the addi- 
tional taxes herein imposed. This section shall apply only 
to income received in the calendar years nineteen hundred 
and fifty-three and nineteen hundred and fifty-four. The 
surtaxes imposed under section nine of chapter seven hun- 
dred and twenty-nine of the acts of nineteen hundred and 
forty-one shall apply to the taxes imposed by tliis section. 

Section 3. There is hereby imposed in addition to the 
taxes levied under subsection (c) of section five of chapter 
sixty-two of the General Laws, upon the excess of gains over 
losses received by the taxpayer from purchases or sales of 
intangible personal property, whether or not said taxpayer 
is engaged in the business of deahng in such property, and 
all acts in amendment thereof and in addition thereto, and 
in addition to any surtaxes, an additional tax equal to three 
per cent of such income. All provisions of law relative to 
the assessment, pajonent, collection and abatement of the 
taxes imposed under said chapter sixty-two shall apply to 
the additional taxes herein imposed. This section shall apply 
only to income received in the calendar years nineteen hun- 
dred and fifty-three and nineteen hundred and fifty-four. 
The surtaxes imposed under section nine of chapter seven 
hundred and twenty-nine of the acts of nineteen hundred 
and forty-one shall apply to the taxes imposed by this 
section. 

Section 4. Notwithstanding the provision of section 
forty-eight of chapter sixty-three of the General Laws, or 
any other provision of law to the contrary, all taxes required 
to be paid thereunder or in connection theremth shall, 
except as otherwise provided by section seventy-six, be due 
and payable m advance of assessment at the time when the 
tax return is required to be filed. Notwithstanding the pro- 
visions of section three of chapter sixty-three A of the Gen- 
eral Laws, or any other provision of law to the contrary, all 
taxes required to be paid thereunder or in connection there- 
with shall be due and payable in advance of assessment at 
the time when the tax return is required to be filed. This 
section shall apply only to such taxes collected or collectible 
during the calendar years nineteen hundred and fifty-four 
and nineteen hundred and fifty-five. 

Section 5. Returns relating to the income received dur- 
ing the years ending on December thirty-first, nineteen hun- 
dred and fifty-three and December thirty-first, nineteen 
hundred and fifty-four, and required to be filed on or before 
March first under the provisions of section twenty-four of 
chapter sixty-two of the General Laws shall be filed on or 
before April fifteenth in the year nineteen hundred and fifty- 
four and nineteen hundred and fifty-five, notwithstanding 
the provisions of said section twenty-four of said chapter 
sixty-two. So much of said tax as is not paid at its due 
date shall bear interest from said date at the rate of one 
half of one per cent per month, or major fraction thereof, 



Acts, 1953. —Chap. 246. 181 

until it is paid. In case of sickness, absence or other dis- 
ability, or in cases of extreme hardship the commissioner of 
corporations and taxation may allow further time for the 
payment of the income tax due and payable under the pro- 
visions of this act; and may allow the payment of such tax 
to be made in such installments as he may determine, and 
notwithstanding the provisions of this section and sections 
thirty-seven A and forty-one of said chapter sixty-two, or 
any other provision of law to the contrary, no interest shall 
be charged, added to or become part of the income tax re- 
maining unpaid after the due date in those cases in which 
the said commissioner has allowed further time for payment 
or payment by installments. 

Section 6. There is hereby imposed, in addition to the 
taxes levied under the provision of chapter sixty-two of the 
General Laws, and all acts in amendment thereof and in 
addition thereto, and taxes levied under the provisions of 
sections thirty to sixty, inclusive, of chapter sixty-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 assessed under the provisions of said sec- 
tions, acts and chapters in or on account of each of the cal- 
endar years nineteen hundred and fifty-four and nineteen 
hundred and fifty-five, 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. 
This additional tax shall apply also to taxes levied under 
sections one, two and three of this act. 

Section 7. All property subject to a legacy and succes- 
sion tax under the provisions of chapter sixty-five of the 
General Laws, and of any further amendments 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 passing or accruing 
upon the death of persons who died during the period be- 
ginning January first, nineteen hundred and fifty-four, and 
ending December thirty-first, nineteen hundred and fifty-five. 
All provisions of law relative to the determination, certifica- 
tion, payment, collection and abatement of such legacy and 
succession taxes shall apply to the additional taxes imposed 
by this section. 

Section 8. There is hereby imposed, in addition 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 calendar years nine- 
teen hundred and fifty-four and nineteen hundred and fifty- 
five, 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 9. Notwithstanding the provisions of section 
two of chapter sixty-three of the General Laws, as most re- 



182 Acts, 1953. — Chap. 246. 

cently 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-four and nine- 
teen hundred and fifty-five measured by its net income, as 
defined 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 provided, 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 chapter 
sixty-three, nor to the requirements of sections eleven to six- 
teen, inclusive, of said chapter sixty-three. 

Section 10. 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 hun- 
dred and eighty-seven of the acts of nineteen hundred and 
forty-six and in heu thereof, every domestic insurance com- 
pany 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 fife insurance companies 
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 an- 
nually pay for the years nineteen hundred and fifty-four and 
nineteen hundred and fifty-five an excise of two per cent 
upon the gross premiums for all pohcies written or renewed, 
all additional premiums charged, and all assessments made 
by such company on policyholders during the preceding 
calendar year, exclusive of reinsurance; but such premiums 
and assessments for pohcies -^Titten or renewed for insur- 
ance, exclusive of reinsurance, of property or interests in 
other states or countries where a tax is actually paid by such 
company, or its agents, shall not be so taxed. 

Section 1L There is hereby imposed an additional ex- 
cise on the sale of alcoholic beverages and alcohol, other than 
malt beverages, for the period beginning July first, nineteen 
hundred and fifty-three, and ending June thirtieth, nineteen 
hundred and fifty-five, as follows: 

For each wine gallon, or fractional part thereof, of still 
wine, other than cider containing more than three per cent 
but not more than six per cent of alcohol as aforesaid, in- 
cluding vermouth, at the rate of twenty cents per wine gal- 
lon. 

For each wine gallon, or fractional part thereof, of all 
other alcoholic beverages containing twenty four per cent 
or less of alcohol by volume at sixty degrees Fahrenheit, at 
the rate of forty-five cents per wine gallon. 

For each wine gallon, or fractional part thereof, of all 
other alcohoHc beverages containing more than twenty-four 



Acts, 1953. — Chap. 246. 183 

per cent but not more than fifty per cent of alcohol by volume 
at sixty degrees Fahrenheit, at the rate of twenty-five cents 
per wine gallon. 

For each proof gallon, or fractional part thereof, of all 
other alcohohc beverages containing more than fifty per cent 
of alcohol by volume at sixty degrees Fahrenheit or alcohol, 
at the rate of twenty-five cents per proof gallon. 

Section 12. If any part, section or subsection of this 
act or the application thereof shall be held to be invalid or 
unconstitutional, such invalidity or unconstitutionality shall 
not be construed to affect the validity or constitutionahty 
of any of the remaining provisions of said sections or the 
application of such provisions to persons or circumstances 
other than those as to which it is held invalid. It is hereby 
declared to be the legislative intent that said sections would 
have been adopted had such invaUd or unconstitutional 
provisions not been included therein. 

Section 13. 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 mill for each cigarette sold, 
used, received as gift or gifts, or through exchange or barter 
in the commonwealth during the two-year period beginning 
September first, nineteen hundred and fifty-three, 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. All the provisions of said chapter 
sixty-four C relative to the collection, verification and ad- 
ministration of the tax thereunder imposed shall, insofar as 
pertinent, be applicable to the tax imposed by this act. All 
cigarette taxes paid in pursuance of this act and other 
statutes of the general or special laws shall conclusively be 
presumed to be a direct tax on the retail consumer, pre- 
collected for the purpose of convenience and facihty only. 

Section 14. 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-three 
and nineteen hundred and fifty-four and shall pay the same 
to the state racing commission on the day following. The 
amount received under the provision of this act from li- 
censees conducting horse or dog racing meetings in connec- 
tion with a state or county fair shall be credited to the old 
age assistance fund estabUshed under section eleven of 
chapter one hundred and eighteen A of the General Laws, 
notwithstanding any provision of section fifteen of said 
chapter one hundred and twenty-eight A to the contrary. 



184 Acts, 1953. — Chap. 247. 

Section 15. Sections one to twelve of this act shall take 
effect on July first, nineteen hundred and fifty-three. 

Approved April 13, 1953. 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, April 13, 1953. 

The Honorable Edward J. Cronin, Secretary of the Commonwealth, 
State House, Boston, Mass. 

Dear Mr. Secretary: — I, Christian A. Herter, pursu- 
ant 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 preserva- 
tion of the public peace, health, safety and convenience 
requires the law entitled, "An Act to provide funds for State 
activities ", and the enactment of which received my approval 
April 13, 1953, 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 : 

Postponement of the operation of this act for ninety days 
would deprive the Commonwealth's Old Age Assistance Fund 
of some three quarters of a million dollars which would not 
be available to the Commonwealth from the horse and dog 
tracks. 

The horse racing season at Suffolk Downs opens April 20 
and continues through June 27, and the dog tracks open early 
in May. 

Very truly yours. 

Christian A. Herter, 
Governor of the Commonwealth. 

Office of the Secretary, Boston, April 13, 1953. 

I, Leo M. Harlow, Deputy Secretary of the Common- 
wealth, hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at five o'clock and five 
minutes, p.m., on the above date, and in accordance with 
Article Forty-eight of the Amendments to the Constitution 
said chapter takes effect forthwith, being chapter two hun- 
dred and forty-six of the acts of nineteen hundred and fifty- 
three. 

Leo M. Harlow, 
Deputy Secretary of the Commonwealth. 

Chap. 24:1 An Act relative to the fee to be paid by certain em- 
ployers FOR renewal of INDUSTRIAL HOMEWORK PER- 
MITS. 

Be it enacted, etc., as follows: 
G. L. (Ter. The sccond paragraph of section 147 of chapter 149 of the 

§ 147, etc.. General Laws, as appearing in chapter 539 of the acts of 
amended. 1941, is hereby amended by striking out, in fines 12 and 13, 



Acts, 1953. — Chaps. 248, 249. 185 

the words "more than one hundred" and inserting in place 
thereof the words : — one hundred or more, — so that sub- 
section (3) will read as follows : — (3) two hundred dollars, Fee, 
where during the preceding calendar year the employer ""^suiated. 
directly or indirectly had business relations with one hundred 
or more, but less than two hundred, homeworkers; 

Approved April 13, 1953. 

An Act abolishing the Massachusetts market au- Qfiav 248 

THORITY. ^' 

Be it enacted, etc., as follows. • 

Chapter 748 of the acts of 1950, as amended, is hereby 
repealed. Approved April 13, 1953. 

An Act relative to the non-criminal disposition of Chav 249 

PARKING violations. ' 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is, in part, to have its provisions p''®^'^^^^ 
take effect on May first in the current year, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as f allows. • 

Section 1. Chapter 90 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 20A, as most recently f 20A^etc., 
amended by chapter 193 of the acts of 1952, and inserting in amended. ' 
place thereof the following: — Section 20 A. It shall be the Non-criminai 
duty of any police officer who takes cognizance of a violation ftarWng 
of any provision of any rule, regulation, order, ordinance or re^jfi^f"^®- 
by-law regulating the parking of motor vehicles estabhshed '^^^'^ 
by any city or town or by any commission or body empowered 
by law to make such rules or regulations therein, forthwith 
to give to the offender a notice to appear before the clerk of 
the district court having jurisdiction, at any time during office 
hours, in the case of a violation involving a motor vehicle 
registered under the laws of this commonwealth, not later 
than twenty-one days after the time of said violation, and in 
the case of a motor vehicle registered under the laws of 
another state or country, not later than thirty days after 
such time. Such notice shall be made in triplicate, and shall 
contain the name and address of the offender and, if served 
with notice in hand at the time of such violation, the number 
of his license, if any, to operate motor vehicles; the regis- 
tration number of the vehicle involved, the time and place 
of the violation, the specific offence charged, and the time 
and place for appearance. Such notice shall be signed by the 
officer, and shall be signed by the offender whenever practi- 
cable in acknowledgment that the notice has been received. 
The officer shall if possible deliver to the offender at the time 
and place of the violation a copy of said notice. Whenever 
it is not possible to deliver a copy of said notice to the offender 



186 Acts, 1953. — Chap. 249. 

at the time and place of the violation, said copy shall be sent 
by the officer, or by his commanding officer or any person 
authorized by said commanding officer, in the case of a viola- 
tion involving a motor vehicle registered under the laws of 
this commonwealth, within five days of the offence, and in 
the case of any motor vehicle registered under the laws of 
another state or country, within ten days thereof, exclusive, 
in either case, of Sundays and holidays, to the address of the 
registrant of the motor vehicle involved, as appearing, in the 
case of a motor vehicle registered under the laws of this com- 
monwealth, in the records of the registry of motor vehicles 
or, in the case of a motor vehicle registered under the laws 
of another state or country, in the records of the official in 
such state or country having charge of the registration of 
such motor vehicle. Such notice mailed by the officer, his 
commanding officer, or the person so authorized, to the last 
address of said registrant as appearing as aforesaid, shall be 
deemed a sufficient notice, and a certificate of the officer or 
person so mailing such notice that it has been mailed in ac- 
cordance with this section shall be deemed prima facie evi- 
dence thereof and shall be admissible in any court of the 
commonwealth as to the facts contained therein. At or 
before the completion of each tour of duty the officer shall 
give to his commanding officer those copies of each notice of 
such a violation taken cognizance of during such tour which 
have not already been dehvered or mailed by him as aforesaid. 
Said commanding officer shall retain and safely preserve one 
of such copies and shall, at a time not later than the beginning 
of the next court day after said delivery or maihng, deliver 
another of such copies to the clerk of the court before whom 
the offender has been notified to appear. The clerk of each 
district court shall maintain a separate docket of all such 
notices to appear. 
Disposition of Any person notified to appear before the clerk of a district 
thfs^se'Sio^n. court as provided herein may appear before such clerk and 
confess the offence charged, either personally or through an 
agent duly authorized in writing or by maihng to such clerk, 
with the notice, the fine provided herein, such payment to 
be made only by postal note, money order or check. If it is 
the first offence subject to this section committed by such 
person within the jurisdiction of the court and in a particular 
city or town in the calendar year, the clerk shall dismiss the 
charge without the payment of any fine; if it is the second, 
third, fourth or fifth such offence so committed in such city 
or town in the calendar year, payment to the clerk of a fine 
of one dollar shall operate as a final disposition of the case; 
and if it is the sixth or subsequent such offence so committed 
in such city or town in the calendar year, payment to the 
clerk of a fine of two dollars shall operate as a final disposition 
of the case; provided, however, that the provisions of this 
sentence shall not apply to offences subject to this section 
committed in the downtown area of the city of Boston. If 
it is the first offence subject to this section committed by 



Acts, 1953. — Chap. 249. 187 

such person in the downtown area of the city of Boston in the 
calendar year, payment to the clerk of a fine of one dollar 
shall operate as a final disposition of the case; if it is the 
second, third, fourth or fifth such offence so committed in the 
calendar year, payment to the clerk of a fine of two dollars 
shall operate as a final disposition of the case; and if it is 
the sixth or subsequent such offence so committed in the 
calendar year, payment of the fine estabhshed therefor by the 
justices of the municipal court of the city of Boston as here- 
inafter provided in this section shall operate as a final dis- 
position of the case. Whenever it becomes necessary to 
ascertain whether a person owning two or more motor ve- 
hicles is chargeable as such owner with a first, second, third, 
fourth, fifth, sixth or subsequent offence hereunder, such 
question shall, in the case of vehicles singly registered, be 
determined separately with respect to the particular vehicle 
involved in such violation and, in the case of vehicles subject 
to section five, with respect to the particular number plate 
or plates used on the vehicle involved in such violation at the 
time thereof. Proceedings under this paragraph shall not 
be deemed criminal ; and no person notified to appear before 
the clerk of a district court as provided herein shall be re- 
quired to report to any probation officer, and no record of 
the case shall be entered in the probation records. 

Should any person notified to appear hereunder fail to Criminal 
appear and, if a fine is provided hereunder, to pay the same, whenfofiowed. 
or having appeared desire not to avail himself of the benefits 
of the procedure established by this section, the clerk shall 
as soon as may be notify the officer concerned, who shall 
forthwith make a complaint and follow the procedure estab- 
hshed for criminal cases. If any person fails to appear in 
accordance with the summons issued upon such complaint, 
the clerk shall send such person, by registered mail, return 
receipt requested, a notice that the complaint is pending 
and that, if the person fails to appear wdthin twenty-one 
days from the sending of such notice, a warrant for his arrest 
will be issued and the registrar of motor vehicles notified to 
suspend his right or license to operate motor vehicles. If 
any person fails to appear within twenty-one days from the 
sending of such notice, the court shall issue a warrant for his 
arrest and the clerk shall notify the registrar, who shall forth- 
with suspend the right of such person to operate motor ve- 
hicles, or his Hcense, if any, to operate the same, and shall 
not reinstate such right or Hcense or issue a renewal thereof 
to such person until after notice from the clerk of the court 
disposing of such complaint that the same has been disposed 
of in accordance with law; and it shall be the duty of the 
clerk of the court disposing of such complaint to notify the 
registrar forthwith that such case has been so disposed of. 
The notice to appear, provided herein, shall be printed in 
such form as the chief justice of the municipal court of the 
city of Boston may prescribe for said court, and as the ad- 
ministrative committee of district courts as created by sec- 



188 



Acts, 1953. — Chap. 249. 



' Motor 
vehicle" and 
"downtown 
area of the 
city of Bos- 
ton", defined. 



Effective 
date. 



tion forty-three A of chapter two hundred and eighteen may- 
prescribe for district courts other than said municipal court. 
The clerks of the district courts shall distribute such notices 
to the commanding officers of police departments upon re- 
quest, and shall take a receipt therefor. 

As used in this section, the words "motor vehicle" shall, 
so far as apt, include trailer, semi-trailer and semi-trailer 
unit; and the words ''downtown area of the city of Boston" 
shall be deemed to mean that part of the city of Boston 
bounded by the waterfront starting at an imaginary Une 
drawn through the center of Staniford street that meets the 
Charles river near the North Station, and following the 
waterfront to the Charlestown bridge, turning right thereon 
and running along and including both sides of Washington 
street north to Haymarket square and crossing Hajonarket 
square, including both sides thereof, to Blackstone street, 
thence down Blackstone street on both sides to Commercial 
street, turning left on Commercial street and following the 
center Une of Commercial street to Boston harbor, thence 
along the waterfront to the Broadway bridge, thence turning 
on Broadway and continuing through Park square to Charles 
street, including both sides of said ways to Beacon street, 
thence turning on said Beacon street and proceeding up 
Beacon street on the Common side to Bowdoin street, thence 
turning on Bowdoin street and proceeding down Bowdoin 
street on the easterly side thereof to Cambridge street, 
thence crossing Cambridge street to Bowdoin square, thence 
down Chardon street to Merrimac street, turning left on 
Merrimac street, including both sides thereof, to Staniford 
street, thence turning and proceeding down the center of 
Staniford street and continuing in an imaginary line to the 
Charles river at the North Station to the point of beginning, 
as shown on a map filed in the office of the state secretary 
and marked "Downtown area of the City of Boston referred 
to in General Laws, chapter 90, section 20A". The justices 
of the municipal court of the city of Boston shall from time 
to time establish, in schedule form or otherwise, the fines for 
sixth and subsequent offences subject to this section com- 
mitted in the downtown area of the city of Boston ; provided, 
however, that no fine exceeding fifteen dollars shall be so 
established. 

Section 2. For the purposes of section 20A of chapter 90 
of the General Laws as amended by section one of this act, 
the months of January, February, March and April of the 
calendar year nineteen hundred and fifty-three shall not be 
deemed to be a part of said calendar year, but shall constitute 
a separate calendar year. 

Section 3. This act shall take effect on May first in the 
current year. Approved April IS, 1953. 



Acts, 1953. —Chaps. 250, 251, 252. 189 



An Act further regulating advertising relative to Cha'p.250 

THE SALE OR OFFERING FOR SALE OF MERCHANDISE, COM- 
MODITIES AND SERVICE. 

Be it enacted, etc., as follows: 

Chapter 266 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 91 the following section: — ^ec- new'' '§^91 a. 
tion 91 A. Any person who offers for sale merchandise, ^'^'^^'i- 
commodities or service by making, publishing, disseminating. Advertising 
circulating or placing before the public within the common- cenai^n^'sl'iea, 
wealth, in a newspaper or other publication, or in the form regulated. 
of a book, notice, handbill, poster, bill, circular, pamphlet 
or letter, or in any other way, an advertisement describing 
the said merchandise, commodities or service, as part of a 
plan or scheme mth the intent not to sell said merchandise, 
commodities or service so advertised at the price stated 
therein, or with intent not to sell said merchandise, commodi- 
ties or service so advertised, shall be punished by a fine of not 
less than ten nor more than five hundred dollars. 

Approved April I4, 1953. 

An Act relative to the status of arthur w. alden as Chap. 251 

A MEMBER OF THE FIRE DEPARTMENT OF THE TOWN OF 
MANSFIELD. 

Be it enacted, etc., as follows: 

Arthur W. Alden, a veteran, who was provisionally em- 
ployed from September sixth, nineteen hundred and forty- 
seven, to the present time, as a member of the fire depart- 
ment of the town of Mansfield, despite a shght impairment 
of vision in his left eye, shall, upon request to the chief of 
the fire department and upon the filing of a certificate of a 
registered physician with the director of civil service stating 
that he is physically quahfied to perform the duties of per- 
manent fire fighter, be certified by said director and ap- 
pointed by said chief to the position of permanent fire 
fighter in said department, notwithstanding any provision 
of the civil service laws and rules. 

Approved April I4, 1953. 

An Act authorizing the town of pepperell to pay a Qjiav 252 

SUM OF MONEY TO HAROLD C. GILBERT. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
Ugation, the town of Pepperell is hereby authorized to appro- 
priate the sum of twenty-five hundred dollars and to expend 
such sum in payment and discharge of a claim of Harold C. 
Gilbert against said town for extra services performed by 
him in the transportation of school children. 

Section 1A. Action taken under this act at the annual 
town meeting of the town of Pepperell held in the current 



190 Acts, 1953. — Chaps. 253, 254, 255. 

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 April 14, 1953. 

Chap. 253 An Act authorizing the city of Worcester to acquire 

LAND AND BORROW ADDITIONAL MONEY FOR SCHOOL PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 290 of the acts of 1952 
is hereby amended by striking out, in Unes 3 and 4, the 
words "six hundred and twenty-five thousand dollars" and 
inserting in place thereof the words : — seven hundred 
thousand dollars for acquiring land for, and, — so that the 
first paragraph will read as follows : — The city of Worcester 
may, within a period of five years from the passage of this 
act, incur indebtedness in an amount not exceeding seven 
hundred thousand dollars for acquiring land for, and for the 
construction of an elementary school building on Richmond 
avenue near Flagg street, including the cost of original equip- 
ment and furnishings for said school building, and may 
issue bonds or notes therefor which shall bear on their face 
the words "Worcester School Building Loan, Act of 1951". 

Section 2. This act shall take effect upon its passage. 
Approved April 14, 1953. 

Chap. 25^ An Act extending the time within which certain 

sewerage bonds may be ISSUED BY THE CITY OF WORCES- 
TER, 

Be it enacted, etc., as follows. • 

Section 1. Section lA of chapter 407 of the acts of 1946, 
inserted by section 1 of chapter 361 of the acts of 1951, is 
hereby amended by striking out, in fine 4, the word "fifty- 
three" and inserting in place thereof the word: — fifty-five, 
— so as to read as follows: — Section 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- 
five, 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 April 14, 1953. 

Chap.255 ^^ ^^'^ limiting the eligibility of members of reserve 

FIRE FORCES FOR APPOINTMENT TO REGULAR FIRE FORCES. 

?™I?ui°*'^ Whereas, The deferred operation of this act would tend 

to defeat its purpose, which is to make its provisions effec- 
tive on June first in the current year, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public convenience. 



preamble 



Acts, 1953. — Chap. 256. 191 

Be it enacted, etc., as follows: 

Section 1. Chapter 31 of the General Laws is hereby g. l. (Xer. 
amended by striking out section 20A, as most recently §^20Afltc., 
amended by section 1 of chapter 167 of the acts of 1952, amended. ' 
and inserting in place thereof the following section : — Sec- 
tion 20 A. In each city and town subject to section twenty Appointment 
in which there has been estabhshed a reserve police force or e^e fi^ghUrs 
a reserve fire force, appointments to the regular police force fi°'"f^rc'^'^ 
or the regular fire force shall be made by the appointing au- limited^^^' 
thority upon certification by the director from the fist of 
members of the reserve police force or the reserve fire force, 
as the case may be, in accordance with the rules of the com- 
mission, except that the basis of certification shall be the 
order of appointment to such reserve force, or, if not ascer- 
tainable, the order of the respective ratings of such members 
obtained in the examination upon which the list of eligibles 
for appointment to such reserve force was based. No re- 
quest of a member of the reserve police force or the reserve 
fire force that he be not certified in any instance shall be 
granted by the director. No person who has passed his 
fiftieth birthday shall be appointed from such a reserve force 
to such a regular force. No member of a reserve police force 
who, after June first, nineteen hundred and fifty- two, and 
no member of a reserve fire force who, after June first, nine- 
teen hundred and fifty-three, having been duly certified, 
three times refuses appointment to the regular force, shall be 
eligible for further certification. Notwithstanding the pro- 
visions of sections forty-three and forty-five or any other 
law, members of such a reserve force, except those members 
serving in the military or naval service at the time of civil 
service certification, refusing to accept appointment to the 
regular force on the occasion of three separate certifications 
after said June first shall thereupon cease to be a member of 
the reserve police force or the reserve fire force, as the case 
may be. The appointing officer shall forward to the director 
a notification of the termination of the service of such re- 
serve officer or fire fighter, setting forth the occasion of each 
refusal and the date upon which the services of such officer 
or fire fighter ceased. 

Section 2. This act shall take effect on June first in the Effective 
current year. Approved April 14, 1953. 

An Act requiring owners of lodging houses in the Chav 256 

CITY OF BOSTON TO PROVIDE AND MAINTAIN THEREFOR 
SUITABLE RECEPTACLES FOR ASHES, GARBAGE, REFUSE 
AND OTHER LIKE MATTER. 

Be it enacted, etc., as follows: 

Section 1 of chapter 264 of the acts of 1952 is hereby 
amended by inserting after the word "tenement", in line i, 
and in line 5, in each instance, the words: — , lodging house. 

Approved April I4, 1953. 



192 Acts, 1953. — Chaps. 257, 258, 259. 



Chap.257 An Act to authorize the placing of the office of 

SUPERINTENDENT OF PUBLIC WORKS OF THE CITY OF 
WOBURN UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of public works 
of the city of Woburn 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 un- 
limited, subject, however, to said laws. The incumbent of 
said office on said effective date shall be subjected to a 
qualifying examination for said office by the division of 
civil service. If said incumbent passes said examination, he 
shall be certified for said office and shall be deemed to be 
permanently appointed thereto without serving any pro- 
bationary 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 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-three, entitled 'An Act to authorize the placing of 
the office of superintendent of public works of the city of 
Woburn 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 April 14, 195S. 

Chap. 258 An Act authorizing the county commissioners of 

HAMPDEN COUNTY TO PAY A SUM OF MONEY TO LEWIS A. 
TWITCHELL. 

Be it enacted, etc., as follows: 

For the purpose of discharging a moral obligation, the 
county commissioners of Hampden county are hereby au- 
thorized and directed to pay to Lewis A, Twitchell, former 
clerk of courts for said county, the sum of four hundred and 
twenty-three dollars and twenty-nine cents for services per- 
formed by him as acting clerk of courts for said county from 
December fifth, nineteen hundred and fifty-two, on which 
date his retirement as clerk of courts became effective, to 
December twenty-seventh, nineteen hundred and fifty-two, 
when his successor to the office of clerk of courts for said 
county received his certificate of election to said office and 
took over the duties thereof. Approved April 14, 1953. 

Chap. 259 An Act relative to sealing of glass milk or cream 

BOTTLES OR JARS. 

Be it enacted, etc., as follows: 

G L. (Ter. SECTION 1. Chapter 98 of the General Laws is hereby 

amenckd.^ ^^' amended by striking out section 15, as appearing in the 



Acts, 1953. —Chaps. 260, 261. 193 

Tercentenary Edition, and inserting in place thereof the 
following section: — Section 15. Glass bottles or jars used |a^ss"^i°k or 
for the sale of milk or cream to the consumer shall be of the cream bottles 
capacity of one gallon, a multiple of the gallon, or a binary ?eguiSed. 
submultiple of the gallon. Dealers in milk or cream using 
glass bottles or jars for the distribution of milk or cream to 
consumers, not sealed by the manufacturer, shall bring them 
into the office of the sealer in their town, to be sealed; but 
no fee shall be charged or received for sealing them. If a 
bottle or jar has once been sealed by a sealer or manufacturer, 
it need not be sealed again while used for the distribution of 
milk or cream to consumers. Glass bottles or jars sealed 
hereunder shall be legal measures only for the distribution 
of milk or cream to consumers. Bottles or jars sealed by the 
manufacturer shall be marked with his name, initials, or 
trade mark, and by any other mark required by the director. 
The seahng of such bottles or jars by the manufacturer shall 
not affect any law relating to the giving of false measure or 
the using, or having in possession, of false measures with in- 
tent to use the same. The director, on approval by the 
commissioner of labor and industries, may revoke the au- 
thority given by him to any manufacturer under this sec- 
tion, on proof that the authorized seal or designating mark 
has been affixed to any bottle or jar not conforming to the 
respective capacities provided for in this section. 

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

Approved April 14, 19 58. 

An Act relative to the date of graduation from high Qfiar) 260 

SCHOOLS. 

Be it enacted, etc., as follows: 

Section 4 of chapter 71 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by in- amended.^ ^' 
serting after the word "emergency", in line 12, the words: — 
; provided, however, that the date of graduation from such High schools, 
high school may precede the regular closing date of the school dSl^re^" 
by not more than twelve school days, and provided, further, I'^t'"^- 
that pupils graduating shall not be released from attendance 
prior to the fifteenth day of May. 

Approved April 14, 1953. 

An Act providing for amending and supplementing Chav. 261 

birth records in cases of adoption and CHANGE OF 

name. 
Be it enacted, etc., as follows: 

Section 1. Section 13 of chapter 46 of the General Laws Sj^iT^§-,3 
is hereby amended by striking out the paragraph amended etcl, 'amended'. 
by chapter 97 of the acts of 1938 and inserting in place 
thereof the following paragraph : — 

If a person of illegitimate birth shall have acquired a new An.endment 
name by judicial decree, or if a person of legitimate birth birtfrecords. 



194 



G. L. (Ter. 
Ed.), 46, § 13, 
etc., further 
amended. 



Acts, 1953. — Chap. 262. 

shall have been adopted by judicial decree or has had his 
name legally changed at a later date to that of his adoptive 
parents, the town clerk shall receive a certified copy of such 

decree i i 

Section 2. Said section 13 of said chapter 46 is hereby 
further amended by inserting after the word "adoption 
in hne 11 of the paragraph amended by chapter 65 ot the 
acts of 1945, the words: — and in cases of persons adopted 
who have had their names legally changed later —so that 
the first sentence of said paragraph will read as fo lows: — 
He shall file any affidavit, certified copy of such decree or 
copy of record submitted under this section and record it in 
a separate book kept therefor, with the name and residence 
of the deponent or the facts of such decree and the date of 
the original record, and shall thereupon draw a line through 
any statement, or statements, sought to be corrected or 
amended in the original record, without erasing them, shall 
enter upon the original record the facts required to correct, 
amend or supplement the same in accordance with such aifa- 
davit or decree, including, in case of a decree of adoption and 
in cases of persons adopted who have had their names legally 
changed later, the same facts relative to the adopting parents 
as are required in a record of birth by the provisions of sec- 
tion one relative to natural parents, and forthwith, if a copy 
of the record has been sent to the state secretary, shall for- 
ward to the state secretary a certified copy of the corrected, 
amended or supplemented record upon blanks to be pro- 
vided by him, and the state secretary shall thereupon correct, 
amend or supplement the record in his office. 

Approved April H, 1953. 



Chav 262 An Act to validate the sale of certain capital outlay 
' ' bonds. 

Emergency Wliereas, The deferred operation of this act would tend 

preamble. ^^ ^^^^^^ .^^ purpose, whlch is to validate forthwith the sale 
of certain capital outlay bonds, therefore it is hereby de- 
clared to be an emergency law, necessary for the unmediate 
preservation of the public convenience. 
Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 790 of the acts of 1949 
is hereby amended by striking out the word "July" in hne 
21 and inserting in place thereof the word: — June, — so 
that the last sentence thereof shall read as f ollows : — baid 
bonds shall bear interest semi-annually at such rate as the 
state treasurer, with the approval of the governor shall hx, 
but such bonds shall be payable not earlier than June first, 
nineteen hundred and fifty-five, nor later than June thirtieth, 
nineteen hundred and sixty-five. ^ . . 

Section 2. The acts and proceedings of the state treas- 
urer in inviting proposals for certain bonds pursuant to 
section fifty-three of chapter twenty-nine of the General 



Acts, 1953. — Chap. 263. 195 

Laws and in issuing and selling such bonds under authority 
of section four of chapter seven hundred and ninety of the 
acts of nineteen hundred and forty-nine shall be as effective 
in all respects as though this act had been in full force and 
effect since the twenty-ninth day of August, nineteen hun- 
dred and forty-nine. Approved April 16, 1953. 



An Act to establish travel allowances for the mem- (Jfiaj) 263 

BERS OP THE GENERAL COURT AND TO REIMBURSE THEM 
FOR SUCH OF THEIR EXPENDITURES AS ARE SINGULARLY 
AND SOLELY INCIDENTAL TO THE ADEQUATE PERFORMANCE 
OF THEIR OFFICIAL DUTIES. 

Whereas, The deferred operation of this act would tend ^"^^^1°°^ 
to defeat its purpose, which is to make its provisions effec- 
tive forthwith, 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. Chapter 3 of the General Laws is hereby o. l. (Ter. 
amended by inserting after section 9 A, repealed by section 1 fg^, i'ddld. 
of chapter 635 of the acts of 1952, the following section: — 
Section 9B. Each member of the general court shall receive Travel aiiow- 
four hundred dollars annually for expenses, to be paid in the explnses'if 
manner following, to wit: each member shall be entitled to ^^^J"^^^^°| 
receive fifty dollars on the first day of each session and on court, estab- 
the first day of each month thereafter until the sum of four ''^^®'^" 
hundred dollars above named shall have been paid; and 
on the last day of the session there shall be paid to each 
member of the general court the balance, if any remain 
unpaid, of the sum of four hundred dollars. 

Each member of the general court who fives less than 
forty miles from the state house shall receive seven cents for 
every mile traveling distance as established by the mileage 
schedules adopted by the house and senate respectively, in 
eighteen hundred and ninety-two with additions thereto 
which have been authorized from time to time, from his 
place of abode to the state house and return therefrom for 
each day of attendance upon the general court but for not 
more than four days in each week, and for four days attend- 
ance in each week no member shall receive less than four 
dollars and fifty cents; each member of the general court 
who lives forty miles or more from the state house shall 
receive the aforementioned allowance or, at his election, an 
allowance of seven cents per mile for not more than one 
round trip a week and in addition a maximum of five dollars 
and fifty cents a day for not more than four days in each 
week for lodging expenses and a maximum of four dollars 
for two meals a day for not more than four days in each 
week. Payments authorized under this paragraph shall be 
paid by the state treasurer only upon a voucher in which a 
member certifies that he travelled daily as above specified 



196 



Acts, 1953. — Chaps. 264, 265. 



G. L. (Ter. 
Ed.), 29, § 18, 
etc., amended. 



Comptroller 
certificate, 
not required. 



Effective 
date. 



or travelled and incurred expenses for lodgings and meals 
daily as above specified and shall be payable on or after the 
last day of each legislative week. 

The above allowances for expenses, travel, lodging and 
meals shall not be due or payable to any member after 
thirty days subsequent to prorogation of the regular legisla- 
tive session in the year to which said allowances apply. 

Section 2. The last sentence of section 18 of chapter 29 
of the General Laws, as amended by section 3 of chapter 248 
of the acts of 1945, is hereby further amended by striking 
out, in hne 5, the letter "A" and inserting in place thereof 
the letter: — B, — so as to read as follows: — No certificate 
shall be required from the comptroller for payment of the 
pay rolls of the members of the council and general court, 
or for the traveling and other expenses of members of the 
general court as provided in section nine B of chapter three. 

Section 3. This act shall take effect as of January first, 
nineteen hundred and fifty-three. 

Approved April 16, 1953. 



Chap. 2^4: An Act relative to standards of certification of 

CERTAIN TEACHERS IN THE MASSACHUSETTS PUBLIC SCHOOLS. 



G. L. (Ter. 
Ed.), 71, 
§ 38G, etc., 
amended. 



Standards of 
certification 
of teachers, 
regulated. 



Be it enacted, etc., as follows: 

Section 38G of chapter 71 of the General Laws is hereby 
amended by striking out the paragraph inserted by chapter 
530 of the acts of 1952, and inserting in place thereof the 
following paragraph : — 

The board of education, hereinafter referred to as the 
board, shall grant certificates upon application to teachers, 
principals, supervisors, directors, superintendents and as- 
sistant superintendents of schools who furnish the board 
with satisfactory proof that they (1) are American citizens, 
(2) are in good health, (3) are of sound moral character, 
(4) possess a bachelor's degree or are graduates of a normal 
school approved by the board, and (5) meet such require- 
ments as to courses of study and semester hours therein as 
may be established and put into effect by said board; pro- 
vided, nevertheless, that no requirements respecting such 
courses of study and semester hours therein shall take effect 
prior to three years subsequent to their promulgation by 
said board. The board may adopt such rules and regula- 
tions as may be necessary for the proper conduct of its 
duties in granting such certificates. 

Approved April 16, 1953. 



Chap.265 An Act to authorize the placing of the office of the 

CHIEF OF THE POLICE DEPARTMENT OF THE TOWN OF 
EAST LONGMEADOW UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The ofliice of chief of the police department 
in the town of East Longmeadow shall, upon the effective 



Acts, 1953. — Chap. 266. 197 

date of this act, become subject to the civil service laws and 
rules, and the tenure of office of any incumbent thereof shall 
be unlimited, subject, however, to said laws, but the person 
holding said office on said effective date shall continue to 
serve therein; provided, that he shall pass a quahfying 
examination to which he shall be subjected by the division 
of civil service. 

Section 2. This act shall be submitted to the voters 
of said town at the 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-three, entitled 'An 
Act to authorize the placing of the office of the chief of the 
police department of the town of East Longmeadow under 
the civil service laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved April 16, 19 58. 

An Act providing for the consolidation of the worces- C/mp.266 

TER city hospital AND THE BELMONT HOSPITAL IN THE 
CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and thirty-nine of 
the acts of eighteen hundred and seventy-one, establishing 
a city hospital in the city of Worcester, and chapter two 
hundred and seventy-six of the acts of nineteen hundred and 
thirty-nine, establishing a board of trustees at Belmont 
Hospital in the city of Worcester and defining their powers 
and duties, are hereby repealed. The respective boards of 
the Worcester City Hospital and of the Belmont Hospital 
are hereby abolished and their offices terminated. 

Section 2. The Worcester City Hospital, established 
under the provisions of chapter three hundred and thirty-nine 
of the acts of eighteen hundred and seventy-one and the 
Belmont Hospital, heretofore managed and controlled by a 
board of trustees as set forth in chapter two hundred and 
seventy-six of the acts of nineteen hundred and thirty-nine, 
are hereby consolidated and shall hereinafter be known as the 
Worcester City Hospital. Such corporate amalgamation of 
the two hospitals is for the purpose of management and con- 
trol under a single board of trustees as provided for herein. 
By virtue of this consolidation, neither hospital shall be 
precluded from serving the general purposes for which it was 
originally created. Said hospitals shall continue to render 
their distinctive medical services. Under the jurisdiction of 
the city manager and the board of trustees, a program for 
added efficiency shall be developed and maintained. 

The Worcester City Hospital is established for the recep- 
tion of persons requiring relief during temporary sickness, 
including paying patients, and of such persons settled in the 



198 Acts, 1953. — Chap. 266. 

city of Worcester who by misfortune or poverty may require 
such relief. The hospital heretofore called Belmont Hospital 
shall receive and treat persons affected with tuberculosis 
and diseases dangerous to public health, as defined in section 
ninety-two of chapter one hundred and eleven of the General 
Laws. 

The board of trustees, in the management and control of 
said hospital, may assign buildings and rooms in the former 
Belmont Hospital to patients who are not affected with dis- 
eases dangerous to the public health. Said board may 
transfer supplies, facilities, equipment, and the medical and 
nursing personnel in the hospitals heretofore known as the 
Worcester City Hospital and the Belmont Hospital in such 
manner and at such times as it may determine. All personnel 
employed after the effective date of this act, shall be subject 
to transfer from the Belmont Hospital to the City Hospital, 
or from the City Hospital to the Belmont Hospital, as the 
trustees and administrator may determine. 

Section 3. A board of seven trustees is hereby established 
to manage, control and supervise the Worcester City Hospital 
as it is now consohdated. The city manager shall be re- 
sponsible for the administration of the Worcester City 
Hospital. The members of the board of trustees shall be 
residents of the city of Worcester. The city manager shall, 
as soon as may be after the effective date of this act, appoint 
two members to the board of trustees for a term ending 
January first, nineteen hundred and fifty-four, two members 
for a term ending January first, nineteen hundred and fifty- 
five and three members for a term ending January first, nine- 
teen hundred and fifty-six. Thereafter, in January of nine- 
teen hundred and fifty-four and in each succeeding January, 
the city manager shall appoint for a term of three years each 
such trustees whose terms of service shall have expired. All 
of the trustees shall be sworn to the performance of their 
duties. Any vacancy in the office shall be filled for the bal- 
ance of the unexpired term in the same manner as in the 
original appointment. 

Section 4. The members of the board of trustees shall 
meet and organize annually not later than the first Monday 
of February and shall choose one of their number as chair- 
man and such other officers as they deem necessary. They 
shall have the power to make such rules and regulations relat- 
ing to the administration of Worcester City Hospital and its 
officers and its employees as they deem expedient, subject, 
however, to the approval of the city manager. Such rules 
and regulations shall not be inconsistent with law or with 
any of the provisions of this act. 

Section 5. The board of trustees shall have general 
management and control of the Worcester City Hospital 
and all of the branches thereof, which have been, or which 
may hereafter be established, together with the buildings 
and the rooms therein, and the use of the aforesaid buildings 
and rooms and the fixtures and furniture, suppHes and equip- 



Acts, 1953. — Chap. 267. 199 

ment connected therewith, and they shall Ukewise be re- 
sponsible for the expenditures of all money appropriated to 
the Worcester City Hospital. The ordinance and schedule 
relating to salaries passed by the city council, affecting the 
salaries of all the employees of the Worcester City Hospital, 
shall remain in full force and effect subject to change only 
by said city council. 

Section 6. The city manager may, with the advice and 
recommendations of the board of trustees, appoint a single 
administrator who shall be responsible to the city manager 
for the management of the Worcester City Hospital. The 
city manager may, however, delegate this responsibihty to 
the board of trustees. 

Section 7. All persons employed at the said two hospitals 
on the effective date of this act shall continue to serve in 
their respective grade and work classification without im- 
pairment of their civil service status, and shall retain all 
present rights now given them under chapter thirty-one of 
the General Laws. Such employees shall retain any step 
increases from the minimum pay of their grade earned dur- 
ing their service at the said hospitals, as provided in the 
salary schedules of the city of Worcester. The aforesaid 
persons so employed in the hospitals shall retain any and 
all of their rights and privileges in the contributory and in 
the non-contributory retirement laws and systems. 

Section 8. This act shall take full effect upon its accept- 
ance by a vote of the city council of the city of Worcester 
at any time prior to December thirty-first, nineteen hundred 
and fifty-three, subject to the provisions of its charter, but 
not otherwise. Approved April 17, 1953. 

An Act relative to the election or appointment of fhary 267 

ASSESSORS. p. Oi 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 41 of the General Laws g. l. (Ter. 
is hereby amended by striking out the paragraph contained Amended.* ^' 
in line 11, as appearing in the Tercentenary Edition, and in- 
serting in place thereof the following paragraph : — 

One, three or five assessors for the term of three years. 

Section 2. Said chapter 41 is hereby further amended g- l. (Ter. 
by striking out section 24, as most recently amended by etC'&mead^'. 
chapter 364 of the acts of 1951, and inserting in place thereof 
the following section : — Section 24- There shall be one, Assessors, 
three, five, seven or nine assessors in every city and one, tei^Zf^""^ 
three or five assessors in every town. The assessors in every office, 
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 appointed. 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 



200 



Acts, 1953. — Chaps. 268, 269. 



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 April 17, 1953. 



Chap.26S An Act further defining charter service. 

Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.). 159A, 
§ UA, etc., 
amended. 



Licenses for 
certain motor 



Section 1. Section 11 A of chapter 159 A of the General 
Laws is hereby amended by striking out the first sentence, 
as appearing in section 1 of chapter 482 of the acts of 1947, 
and inserting in place thereof the following sentence: — No 
person shall operate any motor vehicle having a registered 
carrying capacity of ten or more persons, including the driver, 
upon any public way in charter service, as hereinafter de- 
fined, unless he shall have obtained from the department a 
license to engage in the business of rendering such service 
and certifying that the rendering of such service is consistent 
with the public interest and that the applicant is fit, willing 
and able properly to perform such service. 

Section 2. All licenses for charter service granted by the 
department of public utilities, prior to the effective date of 
this act, under section eleven A of chapter one hundred and 
fifty-nine A of the General Laws, as then in effect, shall 
remain in full force and effect as to charter service until 
suspended or revoked. Approved April 17, 1953. 



G. L. (Ter. 
Ed.), 71, 
§ 42 A, etc., 
amended. 

School 
principals, 
demotion of, 
rights in 
proceedings. 



C/iap. 269 An Act giving certain rights to persons performing 

THE DUTIES OF A SCHOOL PRINCIPAL OR SUPERVISOR IN 
CASES OF DEMOTION. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by 
striking out section 42A, inserted by chapter 330 of the acts 
of 1945, and inserting in place thereof the following section: 
— Section 4^ A. No principal or supervisor or professional 
employee performing the duties of a principal or a super- 
visor, by whatever title his position may be known, who 
has served in that position for over three years shall without 
his consent be demoted except for inefficiency, incapacity, 
unbecoming conduct, insubordination or other good cause; 
nor unless, at least thirty days, exclusive of customary vaca- 
tion periods, prior to the meeting at which the vote is to be 
taken, he shall have been notified of such intended vote; 
nor unless, if he so requests, he shall have been furnished by 
the committee with a written charge or charges of the cause 
or causes for which his demotion is proposed; nor unless, 
if he so requests, he has been given a hearing before the 
school committee, which may be either public or private at 
the discretion of the school committee, and at which he may 
be represented by counsel, present evidence and call wit- 
nesses to testify in his behalf and examine them ; nor unless 



Acts, 1953. — Chap. 270. 201 

the charge or charges shall have been substantiated; nor 
unless the superintendent shall have given the committee 
his recommendations thereon. Approved April 17, 1953. 

An Act authorizing the department of public works Qhav 270 

TO CONVEY TO THE TOWN OF PROVINCETOWN A CERTAIN 
PARCEL OF LAND IN SAID TOWN. 

Be it enacted, etc., as follows: 

The department of pubhc works, in the name and on 
behalf of the commonwealth, and subject to the approval of 
the governor and council, is hereby authorized to convey to 
the town of Provincetown for the sum of one dollar a parcel 
of land containing four and twenty-seven hundredths acres, 
more or less, bounded by Collyer street, land of the town of 
Provincetown, land of JMary Lopes, other land of the town 
of Provincetown, the Cathohc cemetery and other land of 
the town of Provincetown, for playground purposes, to be 
dedicated and known as the Manuel V. Motta Athletic 
Field. 

In the event that said land shall at any time cease to be 
used for the purposes herein set forth, it shall revert to the 
commonwealth in fee simple. Approved April 17, 1953. 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, May 1, 1953. 

Hon. Edward J. Croxin, Secretary of the Commonwealth, State 
House, Boston, Massachusetts. 

Sir: — I, Christian A. Herter, by virtue of and in accord- 
ance with the provisions of the Forty-eighth Amendment to 
the Constitution, "The Referendum II, Emergency Meas- 
ures," do declare that in my opinion the immediate preser- 
vation of the public convenience requires that the law passed 
on the 17th day of April 1953 entitled "An Act authorizing 
the Department of Pubhc Works to convey to the Town of 
Provincetown a certain parcel of land in said Town," should 
take effect forthwith and that it is an emergency law, and 
that the facts constituting the emergency are as follows : — 

The parcel of land in question is to be dedicated as an 
athletic field in memory of Manuel V. Motta, a Province- 
town boy, who made the supreme sacrifice while serving as 
a member of our armed forces in Korea. It is to be known 
as the Manuel V. Motta Athletic Field. 

It is the wish of many of the citizens of Provincetown 
that this land be ready for the dedication on this Memorial 
Day, May 30, 1953. 

Therefore, in order to make possible this fitting dedica- 
tion at such an appropriate time, it is necessary that the 
legislation referred to above should take effect forthwith. 
Very truly yours, 

Christian A. Herter. 



202 Acts. 1953. — Chap. 271. 

OrncB OF THB Secretart, Boston. May 4, 195S. 

I, Leo M. Harlow, Deputy Secretary of the Common- 
wealth, hereby certify that the accompanying statement was 
filed in tliis office by His Excellency the Governor of the 
Commonwealth of Massachusetts at eleven o'clock and ten 
minutes, a.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 two hun- 
dred and seventy of the acts of nineteen hundred and 
fifty-three. 

Leo M. Harlow, 
Deputy Secretary of the Commonwealth. 

Chap. 271 An Act authorizing the centerville-osterville fire 

DISTRICT TO SUPPLY ITSELF AND ITS INHABITANTS WITH 
WATER FOR THE EXTINGUISHMENT OF FIRES AND FOR 
DOMESTIC USE FROM SOURCES OUTSIDE OF THE LIMITS OF 
THE CENTERVILLE-OSTERVILLE FIRE DISTRICT AND WITHIN 
THE TOWN OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section L Section 2 of chapter 169 of the acts of 1937 
is hereby amended by striking out the first sentence and in- 
serting in place thereof the following sentence: — For the 
purposes aforesaid and for the purposes set forth in the 
second sentence of this section, said district, acting by and 
through its board of water commissioners hereinafter pro- 
vided for, may contract with any municipaUty, acting 
through its water department, or with any water company, 
or with any water district, for whatever water may be re- 
quired, authority to furnish the same being hereby granted, 
and may take by eminent domain under chapter seventy- 
nine of the General Laws, or acquire by lease, purchase or 
otherwise, and hold, the waters or any portion thereof, of 
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 the town of Barnstable, not al- 
ready appropriated for purposes of a public water supply, 
and the water rights connected with any such water sources; 
and also may take as aforesaid, or acquire by purchase or 
otherwise, and hold, all lands, rights of way and 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 dis- 
trict ; provided, that no source of water supply and no lands 
necessary for protecting and preserving the purity of water 
shall be so taken or used without first obtaining the advice 
and approval of the state department of pubUc health, and 
that the location and arrangement of all dams, reservoirs, 
wells or filter galleries, filtration and pumping plants or 
other works as may be necessary in carrjdng out the provi- 
sions of this act shall be subject to the approval of said de- 
partment. 



Acts, 1953. — Chaps. 272, 273. 203 

Section 2. This act shall take effect upon its acceptance 
by a majority vote of the voters of the Centerville-Oster- 
ville Fire District present and voting thereon at a district 
meeting called for the purpose within three years after its 
passage, but the number of meetings called in any one year 
shall not exceed three. Approved April 17, 195S. 

An Act relative to the transfer of unexpended re- fhnqj 079 

CEIPTS FROM THE SALE OF CERTAIN BONDS AND SECURITIES ^' 

OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Chapter 29 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 56, as appearing in the Tercentenary fmende^d.^ ^^* 
Edition, and inserting in place thereof the following section : 
— Section 56. Funds from a sale of specific bonds or other Transfer of 
securities which have reverted at the close of a fiscal year, rj'cdptefr'om 
in accordance with the provisions of the act authorizing the sale of certain 
expenditures to be financed by the sale of said bonds or ^eT^Jatld!'" 
other securities, or in accordance with the provisions of sec- 
tion fourteen shall first be transferred in the succeeding fis- 
cal year or years on the books of account of the common- 
wealth, without appropriation, to the fund which is liable 
for the maturities on said bonds or other securities but only 
in such amount as is necessary to meet the specific bonds or 
other securities matured and paid from said fund, if any, in 
a fiscal year. When such transfers are no longer required to 
meet such maturities any balance of said funds remaining, 
after setting aside a sufficient amount to cover any such 
bonds or other securities which have matured but have not 
been presented for payment, shall be transferred, without 
appropriation, on the books of account of the common- 
wealth to the fund from which said bonds or other securities 
were paid. Approved April 21, 195S. 

An Act relative to the terms of certain capital out- Qhav 273 

LAY BONDS AND VALIDATING THE SALE OF SUCH BONDS. 

Whereas, The deferred operation of this act would tend ^rTambk''^ 
to defeat its purpose, which is to validate forthwith the sale 
of certain capital outlay bonds, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, the bonds which the state treasurer is authorized 
to issue under chapter seven hundred and ninety of the acts 
of nineteen hundred and forty-nine, as amended by chapter 
two hundred and sixty-two of the acts of the current year, 
to provide for a special capital outlay program for the 
commonwealth, shall be issued for maximum terms of fifteen 
years, and shall be payable not earlier than June first, nine- 
teen hundred and fifty-five, nor later than June thirtieth. 



204 Acts, 1953. — Chaps. 274, 275. 

nineteen hundred and sixty-five, as recommended by the 
governor in a message to the general court, dated April 
twenty-first, nineteen hundred and fifty-three, in pursuance 
of section 3 of Article LXII of the amendments to the con- 
stitution of the commonwealth. 

Section 2. The acts and proceedings of the state treas- 
urer in inviting proposals for certain bonds pursuant to 
section fifty-three of chapter twenty-nine of the General 
Laws and in issuing and selUng such bonds under authority 
of section nine of chapter eight hundred and two of the acts 
of nineteen hundred and forty-nine shall be as effective in 
all respects as though this act had been in full force and 
effect since the thirty-first day of August, nineteen hundred 
and forty-nine. Approved April 22, 195S, 

Chav.274: ^^ ^^^ authorizing the board of registration of 

HAIRDRESSERS TO ISSUE TEMPORARY LICENSES FOR CER- 
TAIN non-resident hairdressers, operators and 

MANICURISTS. 

Be it enacted, etc., as follows: 

Edo.'u2T' Section 87Z of chapter 112 of the General Laws, as most 

§ 87Z, etc.. recently amended by section 5 of chapter 565 of the acts of 
amended. ^g^^^ ig hereby further amended by adding at the end the 

following paragraph : — 
jTf™porary Any hairdresser, operator or manicurist who has been 

registered as such under the laws of another state which, 
in the opinion of the board, maintains a standard substan- 
authorized. tially equivalent to that of the commonwealth but does not 
have a reciprocal registration agreement with the common- 
wealth, and who has filed an appHcation for registration 
under sections eighty-seven T to eighty-seven JJ, inclusive, 
may, upon request, be allowed to practice as a hairdresser, 
operator or manicurist, as the case may be, until the next 
examination by the board, and the board may grant a 
temporary license authorizing the applicant to practice as 
such hairdresser, operator or manicurist until the next 
examination; provided, however, that only one such tempo- 
rary license shall be granted to such applicant by the board. 
The fees for such temporary license shall be ten dollars for 
a hairdresser, five dollars for an operator and five dollars 
for a manicurist. Approved April 22, 1953. 

Chap.275 An Act naming the intersection of north beacon 

STREET AND NONANTUM ROAD IN THE BRIGHTON DISTRICT 
OF THE CITY OF BOSTON AS THE PHILIP HUGH MULCAHY 
SQUARE. 

Be it enacted, etc., as follows: 

The junction of North Beacon street and Nonantum road 
in the Brighton district of Boston shall be designated and 
known as the Philip Hugh Mulcahy Square, in honor of the 
late Phihp Hugh Mulcahy, Private First Class, Company F, 



certain non- 
resident hair 
dressers, etc., 



Acts, 1953. — Chaps. 276, 277, 278, 279. 205 

305th Infantry Regiment, 77th Division, United States 
Army, who paid the supreme sacrifice on March 28, 1945, 
at Zamami Island in the Pacific Ocean in World War II. 
The metropolitan district commission is hereby authorized 
and directed to construct at said square a suitable sign or 
plaque bearing said designation. 

Approved April 22, 195S. 

An Act repealing certain provisions of law relative Qhav 276 

TO THE operation OF TRACKLESS TROLLEYS. 

Be it enacted, etc., as follows: 

Section 10 A of chapter 90 of the General Laws, inserted Ed^.'oo^^'^' 
by chapter 126 of the acts of 1952, and as amended by sec- § ioa, etc., 
tion 1 of chapter 287 of the acts of 1952, is hereby repealed, '^p^^'^'^- 

Approved April 22, 1953. 

An Act establishing the effective date of an act Chap.277 

RELATIVE TO THE SMALL CLAIMS PROCEDURE. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to estabhsh the effective date of '''^^^^ 
an act relative to the small claims procedure, 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: 

Chapter 168 of the acts of the current year is hereby 
amended by adding the following section : — Section 2. This 
act shall take effect on July first in the current year. 

Approved April 22, 1958. 

An Act reviving webster a. c. inc. Chap.278 

Be it enacted, etc., as follows: 

Webster A. C. Inc., a corporation dissolved by a decree 
of the supreme judicial court for Suffolk county on De- 
cember twenty-second, nineteen hundred and forty-three, 
is hereby revived with the same powers, duties and obliga- 
tions as if said decree had not been entered. 

Approved April 22, 1953. 

An Act designating the new metropolitan district Chap.279 
commission play area in the readville district of 
boston as the readville memorial playground. 

Be it enacted, etc., as follows: 

The play area located at the junction of Readville street 
and Neponset Valley parkway in the Readville district of 
the city of Boston shall be designated and known as the 
Readville Memorial Playground. The metropolitan dis- 
trict commission is hereby authorized and directed to erect 
at said play area a suitable tablet or marker bearing said 
designation. Approved April 22, 1953. 



206 



Acts, 1953. — Chaps. 280, 281. 



G. L. (Ter. 
Ed.). 13, § 23, 
etc., amended. 



Board of 
registration 
in pharmacy, 
meetings 
prescribed. 



CJiap.2S0 An Act relative to the membership of the board of 

REGISTRATION IN PHARMACY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 13 of the General Laws is hereby 
amended by striking out section 23, as amended by section 1 
of chapter 625 of the acts of 1952, and inserting in place 
thereof the following section: — Section 23. The board 
shall meet on the first Tuesday of December in each year at 
such time and place as it may determine, and shall organize 
by electing a president and secretary, who shall be members 
of the board, and shall hold their offices for one year. The 
secretary shall give to the state treasurer a bond, with suf- 
ficient sureties to be approved by the governor and council, 
for the faithful performance of his official duties. The board 
shall annually hold regular meetings on the first Tuesdays 
of January, May and October, and additional meetings at 
such times and places as it shall determine. 

Section 2. Said chapter 13 is hereby further amended 
by striking out section 24, as amended by section 2 of said 
chapter 625, and inserting in place thereof the following 
section: — Section 24- There shall be paid by the common- 
wealth to the secretary of the board a salary of eighteen hun- 
dred dollars, to each of the other members thereof a salary 
of eight hundred and forty dollars, and to each member 
thereof his necessary traveling expenses actually incurred in 
attending the meetings of the board. 

Section 3. Section 3 of said chapter 625 is hereby re- 
pealed. Approved April 22, 1953. 



G. L. (Ter. 
Ed.), 13, § 24, 
etc., amended. 



Chap. 281 An Act increasing the fees for drug store permits. 
Be it enacted, etc., as follows. • 



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



Fees for 
permits. 



Section 39 of chapter 112 of the General Laws, as amended 
by chapter 410 of the acts of 1951, is hereby further amended 
by striking out, in line 11, the word "seven" and inserting 
in place thereof the word: — ten, — so as to read as follows: 
— Section 39. The board may, upon appUcation 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 qualified 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 manage- 
ment of the drug business in such store is in the hands of a 
registered pharmacist. Such permit shall expire on January 
first following the date of its issue, and the fee therefor shall 
be ten dollars. Approved April 22, 1953. 



Acts, 1953. — Chaps. 282, 283, 284, 285. 207 



An Act relative to the fees paid for filing certain QJidj^ 282 

REPORTS OF CERTAIN MISCELLANEOUS CORPORATIONS FILED 
IN THE OFFICE OF THE STATE SECRETARY. 

Be it enacted, etc., as follows: 

Section 43 of chapter 158 of the General Laws, as appear- «• l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by § 43.' ^^^' 
striking out, in Une 11, the word "ten" and inserting in amended. 
place thereof the word : — fifteen, — so that the last para- 
graph will read as follows : — 

For filing the copies of the votes or certificates required FiUngfees. 
by section eleven, thirty-six, thirty-seven or forty of this 
chapter or section sixteen of chapter one hundred and fifty- 
five, fifteen dollars for each copy or certificate; for filing any 
other certificate required by law, one dollar. 

Approved April 22, 1953. 

An Act relative to the fees paid for filing certain C hap. 28S 

REPORTS of gas AND ELECTRIC COMPANIES FILED IN THE 
OFFICE OF THE STATE SECRETARY, 

Be it enacted, etc., as follows: 

Section 33 of chapter 164 of the General Laws, as amended %^^- [q^^- 
by section 32 of chapter 180 of the acts of 1932, is hereby l^^^^f °' 
further amended by striking out, in line 4, the word "ten" ^^^^ ^ ' 
and inserting in place thereof the word: — fifteen, — so as 
to read as follows : — Section S3. The fees for filing the Fi'ing fees. 
copies of the votes or certificates required by section eight, 
twenty, twenty-two or twenty-three to be filed with the 
state secretary shall be fifteen dollars for each copy or cer- 
tificate. Approved April 22, 1953. 

An Act abolishing the emergency housing commission. Chap. 2S4: 

Be it enacted, etc., as follows: 

Chapter five hundred and ninety-two of the acts of nine- 
teen hundred and forty-six, as amended, establishing the 
emergency housing commission, is hereby repealed. 

Approved April 22, 1953. 



An Act relative to protection of salmon in the Con- 
necticut RIVER OR ITS tributaries. 

Be it enacted, etc., as follows: 

Section 1. No person shall take from the Connecticut 
river or its tributaries any grilse or first-year run salmon 
within a period of ten years from the effective date of this 
act or any salmon, in any other manner than by angling, 
from said river or its tributaries within a period of twenty 
years from said effective date. Any violation of this act 
shall be punished in accordance with the provisions of sec- 
tion one hundred and thirteen of chapter one hundred and 



C/iap.285 



208 



Acts, 1953. — Chaps. 286, 287. 



thirty-one of the General Laws; provided, that the taking 
or having in possession of any such salmon, if taken by a 
person lawfully fishing and immediately returned alive to 
the water whence it was taken, shall not constitute such a 
violation. 

Nothing in this act shall prohibit the director of the divi- 
sion of fisheries and game or his agents, from taking such 
fish for scientific purposes. 

Section 2. This act shall take effect upon its passage. 
Approved April 23, 1953. 



Chap.286 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 31, § 2A, 
etc., amended. 



Rules and 
regulations of 
certain com- 
pensation 
plans for 
municipal 
employees. 



An Act regulating the promulgation of rules and 
regulations in connection with compensation plans 
for municipal employees. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is, in part, to make its provisions 
effective forthwith for the protection of the municipal em- 
ployees involved, 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. Paragraph (6) of section 2 A of chapter 31 of 
the General Laws, as amended by chapter 302 of the acts of 
1951, is hereby further amended by adding at the end the 
following two sentences : — No rule or regulation or change 
in rules or regulations shall be promulgated as a part of any 
such compensation plan except after a public hearing held 
not less than two weeks nor more than two months after 
notice thereof shall have been posted in a conspicuous place 
in the city or town hall and in at least five other convenient 
and conspicuous places, and shall also have been pubhshed 
on one or more days in one or more newspapers having a 
circulation in the town. Every notice posted shall contain, 
or have subjoined or annexed thereto, a copy of the proposed 
rule or regulation. 

Section 2. Nothing in this act shall be construed to 
affect in any way any rule or regulation promulgated before 
the time this act takes effect as a part of a compensation 
plan estabhshed before such time under paragraph (b) of 
section two A of chapter thirty-one of the General Laws; 
but any new, supplementary or amendatory rule or regula- 
tion promulgated after such time as a part of a compensation 
plan so established shall be subject to this act. 

Approved April 23, 1963. 



Chap.287 An Act enlarging the powers of non-profit hospital 
service corporations. 

Be it enacted, etc., as follows: 
G. l. (Ter. SECTION 1. Chapter 176A of the General Laws is hereby 

u^etZ^"^' amended by striking out section 1, as most recently amended 
amended. by chapter 687 of the acts of 1951, and inserting in place 



Acts, 1953. — Chap. 287. 209 

thereof the following section: — Section 1. Any corporation Powers of 
organized under the laws of the commonwealth for the pur- hospftal^* 
pose of estabhshing, maintaining and operating a non-profit po7'oj\^i„^ 
hospital service plan whereby hospital care and reimburse- "'"'^'""^ '°°*" 
ment for other health services may be provided by such cor- 
poration, or by a hospital with which it has a contract for 
such care and which is maintained by the commonwealth or 
a pohtical subdivision thereof, or maintained by a corporation 
organized for hospital purposes under the laws of the com- 
monwealth, or such other hospitals as shall be approved by 
the commissioner of public health, to such of the public who 
become subscribers to said plan under a contract which en- 
titles each subscriber or his dependents, or employees or 
dependents of employees of employers who contribute the 
subscription fees in whole or in part to certain hospital care 
and reimbursement for other health services, shall be gov- 
erned by this chapter. 

Nothing in this section shall prevent such a corporation 
from reimbursing a subscriber for services received in a non- 
participating hospital, as follows : — 

(a) Outside the conmionwealth in the event of accident, 
illness or maternity. 

(b) Within the commonwealth only in the event of acci- 
dent, emergency illness or quarantinable disease. 

Nothing in this section shall prevent any such corporation, 
with the approval of the commissioner of public health, from 
entering into contracts with the Soldiers' Home in Massa- 
chusetts and the Soldiers' Home in Holyoke, whereby in 
consideration of a contract fee, said soldiers' homes shall 
provide such care for non-service connected causes as would 
be provided in participating hospitals under contracts with 
subscribers. 

Nothing in this section shall permit any such corporation 
to provide in any of its certificates for the substitution of 
benefits in convalescent or nursing homes for benefits in a 
hospital. 

Section 2. Section 3 of said chapter 176A, as appearing g. l. (Ter. 
in section 1 of chapter 766 of the acts of 1950, is hereby f 3;^;tcl^^' 
amended by striking out the first sentence and inserting in amended. 
place thereof the following sentence : — No non-profit hospi- Certificate to 
tal service corporation shall make or issue any contract to ^ntracts. 
provide hospital care and reimbursement for other health 
services until it has obtained from the commissioner of insur- 
ance, in this section called the commissioner, a certificate, in 
such form as he may prescribe, stating that the corporation 
has compUed with the conditions set forth in this chapter 
and all other provisions of law authorizing it to make or issue 
such contract. 

Section 3. Section 5 of said chapter 176A, as so appear- g. l. (Xer. 
ing, is hereby amended by striking out the first paragraph f 5'^;tcl^^' 
and inserting in place thereof the following paragraph : — amended. 
Any corporation subject to this chapter may contract with Joint 
corporations formed under chapter one hundred and seventy- o^businlM!'"" 

authorized. 



210 



Acts, 1953. — Chap. 287. 



G. L. (Ter. 
Ed.), 176A. 
§ 6, etc., 
amended. 

Contracts and 
rates to be 
approved by 
commissioner 
of insurance. 



G. L. (Ter. 
Ed.). 176A, 
5 8, etc., 
amended. 



Terms of 
contracts, to 
include. 



G. L. (Ter. 
Ed.), 176A, 
§ 10, etc., 
amended. 

Group 
hospital 
plans, etc. 



six B for the joint administration of their business and for 
joint and co-operative writing and issuing of certificates and 
may enter into reciprocal arrangements with other non- 
profit hospital service corporations organized in other juris- 
dictions for the mutual benefit of their subscribers. 

Section 4. Section 6 of said chapter 176 A, as so appear- 
ing, is hereby amended by striking out the first two sentences 
and inserting in place thereof the following two sentences : — 
Contracts issued and rates charged by non-profit hospital 
service corporations to its subscribers for hospital care and 
reimbursement for other health services shall be subject to 
the approval of the commissioner of insurance, in this section 
called the commissioner. No such contracts shall be issued 
and no such rates shall be charged by a non-profit hospital 
service corporation to its subscribers for hospital care and 
reimbursement for other health services until such contracts 
and rates have been approved in advance by the commis- 
sioner, except as otherwise provided herein. 

Section 5. Paragraph (c) of section 8 of said chap- 
ter 176 A, as so appearing, is hereby amended by striking 
out clause (2) and inserting in place thereof the following 
clause : — 

(2) A statement of the hospital services and reimburse- 
ment for other health services to be furnished by the cor- 
poration or its participating hospitals and the period during 
which they will be furnished, and, if any hospital services are 
excluded, a statement of such exception. 

Section 6. Section 10 of said chapter 176 A, as so appear- 
ing, is hereby amended by striking out the first paragraph 
and inserting in place thereof the following paragraph: — 
Any plan whereby such a corporation agrees with a group of 
five or more persons or with the employer, employers or 
representatives of a group of five or more persons to furnish 
hospital benefits and reimbursement for other health serv- 
ices to said persons alone or to their dependents also and 
where the enrollment in such group is on a basis precluding 
individual selection, shall be considered a group hospital 
service plan. The contracts and rates under such plan shall 
not be subject to other provisions of this chapter regarding 
prior filing and prior approval but shall be subject to subse- 
quent disapproval by the commissioner if he finds that the 
basis does not preclude individual selection. It shall not 
be considered a group hospital service plan if less than 
twenty-five per cent of those eligible in a group of fifty or 
more or seventy-five per cent in a group of less than fifty 
agree to become subscribers. If at any time the number 
enrolled as subscribers drops below the prescribed per cent 
of the total eligible members of that group the commissioner 
may require the corporation to cancel all contracts in that 
group without any liability for hospital admissions and reim- 
bursement for other health services of any of the subscribers 
in that group after date of cancellation. Group contracts 
may be issued without written representation relative to 



Acts, 1953. — Chaps. 288, 289. 211 

physical condition. Group contracts shall be filed with the Group 
commissioner of insurance within thirty days after the effec- be'filed^wUh 
tive date and shall be subject to his subsequent disapproval oHnTurance"^ 
after notice and hearing if said contracts do not meet the 
requirements of this section. 

Section 7. Said chapter 176A is hereby amended by g. l. (Ter. 
striking out section 13 and inserting in place thereof the fol- f ts," eVc^,"^' 
lowing section: — Section 13. Any non-profit hospital *°^ended. 
service corporation may provide for the issuance to its em- corporation 
ployees of hospital service coverage, medical service cover- ^pioyllJ/'* 
age, and reimbursement for other health coverage. The 
term "employee" as used in this section shall include an 
officer. Approved April 23, 1953. 

An Act requiring clerks of the superior court to C/icip.288 

FURNISH the department OF INDUSTRIAL ACCIDENTS WITH 
AN ATTESTED COPY OF CERTAIN DECREES IN WORKMEN'S 
COMPENSATION CASES. 

Be it enacted, etc., as follows: 

Section 11 of chapter 152 of the General Laws, as most Ed.^.i52T' 
recently amended by section 1 of chapter 634 of the acts of |j^^^^*^' 
1950, is hereby further amended by adding at the end the ^""^^ 
following paragraph : — 

Immediately after the entry of a decree, whether final or ^"^'f^ ^^ ^^ggg 
interlocutory, by the superior court under this section the fuVoTkmen^s^ 
clerk of said court shall prepare and forward to the depart- 0°^^.®°^^*'°° 
ment an attested copy of such decree. Upon the entry of 
an interlocutory decree under this section recommitting a 
case to the industrial accident board, counsel for the parties 
shall immediately notify said board by appropriate motion 
for action in accordance with the requirements of such decree. 

Approved April 23, 1953. 

An Act designating the metropolitan district com- Qjidj) 289 

MISSION river street PLAYGROUND, SO CALLED, LOCATED 
IN THE HYDE PARK DISTRICT OF BOSTON AS THE WILLIAM D. 
DOYLE MEMORIAL PLAYGROUND. 

Be it enacted, etc., as follows: 

The metropolitan district commission River street play- 
ground, so called, located on River street in the Hyde Park 
district of Boston, adjacent to the William D. Doyle Post, 
Veterans of Foreign Wars, shall be designated and known 
as the Wilham D. Doyle Memorial Playground. The metro- 
politan district commission is hereby authorized and directed 
to erect at said playground a suitable tablet or marker bear- 
ing said designation. Approved April 23, 1953. 



212 



Acts, 1953. — Chaps. 290, 291, 292. 



Chap. 290 An Act providing for certain action by the board of 

COLLEGIATE AUTHORITY RELATIVE TO THE ORGANIZATION 
OF CERTAIN EDUCATIONAL INSTITUTIONS AND OF CERTAIN 
AMENDMENTS TO THEIR CHARTERS. 

Be it enacted, etc., as follows: 

Section 30 of chapter 69 of the General Laws, inserted by- 
section 3 of chapter 549 of the acts of 1943, is hereby amended 
by inserting after the fifth sentence the following sentence : — 
If said board disapproves a certificate of organization or 
articles of amendment referred to it under this section, it 
shall submit with its report a written statement setting forth 
in detail the reasons for its disapproval of such certificate or 
articles. Approved April 23, 1953. 



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

Duties of 
board of 
collegiate 
authority. 



Chap. 291 An Act relative to the renewal of registrations of 

CERTAIN PERSONS BY THE BOARD OF REGISTRATION OF 
hairdressers, and THE ISSUANCE OF CERTAIN TEMPORARY 
LICENSES PENDING THE RENEWAL OF SUCH REGISTRATIONS. 

Be it enacted, etc., as follows. • 

Section 87GG of chapter 112 of the General Laws is 
hereby amended by striking out the third sentence, as ap- 
pearing in section 10 of chapter 565 of the acts of 1943, and 
inserting in place thereof the following two sentences : — 
Any hairdresser, manicurist, instructor, demonstrator or 
operator whose registration has not been renewed within 
three years following the date of expiration thereof shall be 
entitled to renewal of such registration upon filing an appU- 
cation, accompanied by the proper fee therefor and by pass- 
ing a practical examination satisfactory to the board; pro- 
vided, however, that upon fihng such apphcation and fee 
plus an additional fee of five dollars the board may, at the 
request of such apphcant, grant to the applicant, until such 
time as the examination shall have been held and the results 
announced, a temporary hcense authorizing him to practice 
as such hairdresser, manicurist, instructor, demonstrator or 
operator until he has been examined by the board; and 
provided, further, that the apphcant 's original hcense was 
not suspended or revoked. Said temporary hcense shall 
contain an expiration date and the place where such person 
is to be temporarily employed. Approved April 23, 1953. 



G. L. (Ter. 
Ed.), 112, 
§ 87GG, 
etc., amended. 



Issuance of 
certain 
temporary 
licenses to 
certain hair- 
dressers, etc. 



Chap. 292 An Act relative to the taxation of notes and bonds 

OF LOCAL housing AUTHORITIES AND REGIONAL SCHOOL 

districts. 

Be it enacted, etc., as follows: 

Section 12 of chapter 63 of the General Laws is hereby 
amended by inserting after paragraph {i) , inserted by section 
7A of chapter 544 of the acts of 1948, the two following 
paragraphs : — 



G. L. (Ter. 
Ed.). 63, § 12, 
etc., amended. 



Acts, 1953. — Chaps. 293, 294. 213 

(j) Notes and bonds issued by local housing authorities Exemptions. 
under the provisions of chapter one hundred and twenty-one. 

(k) Notes, bonds and certificates of indebtedness of any 
regional school district in the commonwealth stating on 
their face that they are exempt from taxation in Massa- 
chusetts. Approved April 23, 1953. 

An Act relative to overtime service by police officers Chav 293 

OF CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section UIG, inserted by chapter 488 of the ^'iiin!' "^"^ 
acts of 1952, the following section: — Section lllH. Not- ^'^'^'^'^• 
withstanding the provisions of any general or special law to o^^gg^s to be 
the contrary, any pohce officer of a city or town who is re- compensated 
quired to perform any service beyond his regular estabhshed ov'ertTme"' 
hours of service on primary day, election day or at any ^"^'^^ 
parade or race or at any public celebration or while pohce 
listing, shall be compensated for such additional hours of 
service at the rate per hour of his regular compensation. 
This section shall take effect in a city having a Plan E charter 
when accepted by the afl&rmative vote of a majority of the 
city council, and in the case of other cities by vote of the 
council, subject to the provisions of its charter, and in a 
town by a majority vote at an annual town meeting. 

Approved April 23, 1953. 



An Act relative to extortion or compulsion of con- Qfidr, 294 

DUCT BY threat OR BY UNLAWFUL USE OF POWER OR 
AUTHORITY BY CERTAIN OFFICERS. 

Be it enacted, etc., as follows. • 

Chapter 265 of the General Laws is hereby amended by g- l- (Ter. 
striking out section 25, as amended by chapter 211 of the ^'itetc.'. 
acts of 1932, and inserting in place thereof the following amended. 
section : — Section 25. Whoever, verbally or by a written Attempts 



or printed communication, mahciously threatens to accuse etc^b^""^^' 
another of a crime or offence, or by a verbal or written or threats, etc. 
printed communication mahciously threatens an injury to 
the person or property of another, or any police officer or 
person having the powers of a police officer, or any officer, 
or employee of any hcensing authority who verbally or by 
written or printed communication maliciously and unlaw- 
fully uses or threatens to use against another the power or 
authority vested in him, with intent thereby to extort money 
or any pecuniary advantage, or with intent to compel any 
person to do any act against his will, shall be punished by Penalty, 
imprisonment in the state prison for not more than fifteen 
years, or in the house of correction for not more than two 
and one half years, or by a fine of not more than five thou- 
sand dollars, or both. Approved April 28, 1953. 



214 Acts, 1953. — Chaps. 295, 296, 297. 

Chap. 295 An Act providing a penalty for prisoners in penal 

AND REFORMATORY INSTITUTIONS WHO HOLD PERSONS AS 
HOSTAGES. 

Be it enacted, etc., as follows: — 

Ed.xi27T' Chapter 127 of the General Laws is hereby amended by 

new § 38A, inserting after section 38, as appearing in the Tercentenary 
added. Edition, the following section: — Section 88 A. Any pris- 

prisoneM""^ oner in any penal or reformatory institution who holds any 
as hosfage"""^ officer or employee of such institution or any other person 

as a hostage shall be punished by imprisonment in the state 

prison for not more than twenty years. 

Approved April 28, 1953. 

Chap. 296 An Act relative to the commissioners of the depart- 
ment OF PUBLIC utilities. 

Be it enacted, etc., as follows: 

Edo,'25,l'2, Section 1. Section 2 of chapter 25 of the General Laws, 
etc.'. 'amended, as amended by chapter 807 of the acts of 1950, is hereby 
further amended by inserting after the third sentence the 
following sentence : — Not more than three members of said 
commission shall be members of the same poHtical party, — 
Membership SO as to read as follows : — Section 2. The department shall 
of depanmen't be uuder the supervision and control of a commission of five 
utiut^s" members, in this chapter called the com.mission. The gov- 

ernor shall, with the advice and consent of the council, an- 
nually appoint one conmiissioner for five years. The gover- 
nor shall designate one of said commissioners as chairman. 
Not more than three members of said commission shall be 
members of the same pohtical party. The chairman shall 
receive such salary, not exceeding ten thousand five hundred 
dollars, and each of the other commissioners such salary, not 
exceeding nine thousand dollars, as the governor and council 
determine. 

Section 2. Nothing in this act shall affect the tenure of 
office of any commissioner of the department of public utili- 
ties holding office on the effective date of this act. 

Approved April 28, 1953. 

Chap.297 An Act authorizing the placing of the position of 
meter attendant in the police department of the 
town of falmouth under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The position of meter attendant in the police 
department of the town of Falmouth 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 position shall 
be unlimited, subject, however, to said laws; but the present 
incumbent of said position shall continue to serve as such. 



Acts, 1953. — Chaps. 298, 299, 300. 215 

Section 2. This act shall take effect upon its acceptance 
by the board of selectmen of said town, but not otherwise. 

Approved April 28, 1953. 

An Act relative to the salaries of the justices of C'/ia».298 

THE MUNICIPAL COURT OF THE ROXBURY DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of section 
four A of chapter seven hundred and sixty-two of the acts 
of nineteen hundred and fifty-one, as inserted by section 
three of chapter one hundred and fourteen of the acts of 
nineteen hundred and fifty-two, or of section three B of 
chapter seven hundred and sixty-eight of the acts of nine- 
teen hundred and fifty-one, as amended by section one of 
said chapter one hundred and fourteen, every justice of the 
municipal court of the Roxbury district shall receive, from 
and after the effective date of this act, the salary prescribed 
by section seventy-seven A of chapter two hundred and 
eighteen of the General Laws as appearing in section two 
of said chapter seven hundred and sixty-eight or as from 
time to time hereafter amended. 

Section 2. This act shall take effect as of January 
fifteenth, nineteen hundred and fifty-three. 

Approved April 29, 1953. 

An Act providing for a separate penalty for indecent Chav.2^^ 
assault on a child. IJ- ^ 

Be it enacted, etc., as follows: 

Chapter 265 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 13A the following section: — Sec- ^^^'^^^^^ 
tion ISB. Whoever commits an indecent assault and bat- added, 
tery on a child under the age of fourteen shall be punished ^°g^^^^°* 
by imprisonment in the state prison for not more than five on a child, 
years, or in jail for not more than two and one half years, pe"'^''^^^- 
or by a fine of not more than five hundred dollars. 

Approved April 29, 1953. 

An Act providing for the designation of an assistant QJi^rt 300 

CLERK FOR THE COUNTY OF ESSEX TO PERFORM THE DUTIES 
OF CLERK PERTAINING TO THE EQUITY PROCEEDINGS IN 
SAID COURT. 

Be it enacted, etc., as follows: 

Chapter 221 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 6A, as amended by section 3 of chap- new^'§^|B'. 
ter 774 of the acts of 1949, the following section: — Section added. 
6B. The justices of the superior court may designate, for a Equity dork 
term of three years from the date of such designation, one co^umy.^" 
of the assistant clerks for the county of Essex, appointed 
under section four, to perform, under the direction of the 



216 Acts, 1953. — Chaps. 301, 302. 

clerk of the courts for the county of Essex, the duties of clerk 
pertaining to the equity proceedings in said court, who shall 
Salary. rcccive from said county, in addition to the salary paid to 

him as an assistant clerk under section four, a sum equivalent 
to five per cent of the salary of the clerk. 

Approved April 29, 1953. 



Chap. 301 An Act relative to meetings of the municipal council 

OF THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. Chaper 448 of the acts of 1909 is hereby 
amended by striking out section 16, as amended by section 5 
of chapter 407 of the acts of 1941, and inserting in place 
thereof the following section: — Section 16. The municipal 
council shall meet bi-weekly. The mayor, president of the 
council, or any three members thereof, may, at any time, 
call a special meeting thereof. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Taunton 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 in said city at said election: — "Shall an 
act passed by the general court in the current year providing 
that the municipal council of the city of Taunton meet every 
two weeks, instead of weekly as at present, be accepted?" 
If a majority of the votes cast on said question is in the 
affirmative, this act shall take effect on the first Monday of 
January, nineteen hundred and fifty-four. 

Approved April 29, 1953. 

Chap. 302 An Act relative to the distribution of receipts from 
the income tax to the town of gay head under cer- 
tain conditions respecting certain county assess- 
ments. 

Be it enacted, etc., as follow s: 

Section 1. The commissioner of corporations and taxa- 
tion, hereinafter called the commissioner, is hereby author- 
ized and directed in making distributions from the proceeds 
of the income tax under section eighteen of chapter fifty- 
eight of the General Laws to distribute to the town of Gay 
Head, in addition to its normal share, such sum of money 
as may be necessary for said town to apply to the satisfaction 
of any assessments made in accordance with the law to said 
town for the care of tuberculosis patients and for the mainte- 
nance of any sanatorium for tuberculosis patients that are 
an obligation of said town and for the maintenance of it in 
respect to the county expenses. 

Section 2. This act shall apply in respect to any charges 
against the town of Gay Head for tuberculosis treatment or 
for the maintenance of a sanatorium or any other cost in 



Acts, 1953. — Chaps. 303, 304. 217 

relation to it in respect to tuberculosis in the years nineteen 
hundred and fifty-one to nineteen hundred and fifty-four, 
inchisive, but only in such amounts as shall be certified by 
the commissioner. Approved April 29, 1953. 

An Act clarifying the law in respect to taxes imposed C/zap. 303 
ON certain conveyances of real estate. 

Be it enacted, etc., as follows: 

Chapter 64D of the General Laws is hereby amended by g. l. (Ter. 
striking out section 1, as appearing in section 1 of chapter § i', etc., ' 
710 of the acts of 1951, and inserting in place thereof the amended. 
following section: — Section 1. There shall be levied, col- Excise taxes 
lected and paid, for and in respect of the deeds, instruments com^'yances 
and writings hereinafter mentioned and described, or for f^^^^^ 
or in respect of the vellum, parchment or paper upon which 
such deeds, instruments or writings, or any of them, are 
written or printed, the excise taxes herein specified : — 
Deed, instrument or writing, whereby any lands, tenements 
or other realty sold shall be granted, assigned, transferred 
or otherwise conveyed to, or vested in, the purchaser or 
purchasers, or any other person or persons, by his, her or 
their direction, when the consideration of the interest or 
property conveyed, exclusive of the value of any hen or 
encumbrance remaining thereon at the time of sale, exceeds 
one hundred dollars and does not exceed five hundred dol- 
lars, one dollar; and for each additional five hundred dollars 
or fractional part thereof, fifty-five cents. This section 
shall not apply to any instrument or writing given to secure 
a debt. Approved April 29, 1953. 

An Act authorizing the use of school buses for cer- qJiqjj 3Q4 
tain educational or recreational purposes. ^' 

Whereas, The deferred operation of this act would tend ^rTambiT"^ 
to defeat its purpose, which is to provide transportation ^"'^"''^ 
for certain children to certain educational or recreational 
projects, many of which are conducted during the school 
vacation period, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience and welfare. 

Be it enacted, etc., as follows: 

The fifth paragraph of section 33 of chapter 90 of the g. l. (Ter. 
General Laws, as appearing in chapter 540 of the acts of fsa^'efc'., 
1952, is hereby amended by striking out the first sentence amended. 
and inserting in place thereof the following sentence : — 
For the registration of every motor bus not owned as pro- use of 
vided in the preceding paragraph which is used exclusively b^es'for 
under contract with a political subdivision or school district certain other 
of the commonwealth for the transportation of school authCrLfed. 
children, three dollars; provided, that any such motor bus 
may also be used for the transportation of persons to and 
from church and Sunday school services, and for the trans- 



218 Acts, 1953. — Chaps. 305, 306, 307. 

portation of children to and from educational or recreational 
projects sponsored by a city or town or by any association 
or organization supported wholly or in part by public or 
private donations for charitable purposes without the pay- 
ment of additional registration fee. 

Approved April 29, 195S. 

Chap.SOb ^^ ^^'^ PLACING THE OFFICE OF SPECIAL INVESTIGATOR IN 
THE POLICE DEPARTMENT OF THE TOWN OF MARBLEHEAD 
UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The senior patrolman in the police depart- 
ment of the town of Marblehead shall be assigned as special 
investigator in said department and shall have unlimited 
tenure of office in such position, subject to the civil service 
laws and rules. 

Section 2. This act shall take effect upon acceptance 
by the board of selectmen of the town of Marblehead. 

Approved April 29, 195S. 

Chap.306 An Act providing that the director of civil service 

MAY IN certain CASES FIX A MAXIMUM AGE REQUIRE- 
MENT FOR FIRE FIGHTERS. 

Be it enacted, etc., as follows: 
gj^-^Ter. The first paragraph of section 48 of chapter 31 of the Gen- 

5 48,' etc.. eral Laws, as appearing in section 6 of chapter 701 of the 
amended. ^^^^ ^^ 1945, is hereby amended by adding at the end the 
Age limit following Sentence: — In case an eligible fist of at least two 

fightewin available persons is not established from a competitive ex- 
amination for fire fighter, the director may, upon request of 
the appointing authority of a fire force made within six 
months after the results of the examination are determined, 
hold another competitive examination in which he may fix 
a maximum age limit of not more than forty years. 

Approved April 29, 1963. 

Chap. 307 An Act relative to the registration of certain opera- 
tors AS hairdressers. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of sections eighty-seven V 
and eighty-seven W of chapter one hundred and twelve of 
the General Laws, any person who was registered as an 
operator by the board of registration of hairdressers prior to 
the thirteenth day of September, nineteen hundred and 
fifty, and has had not less than one year's practical experience 
as such, may file with said board an application, accom- 
panied by a fee of ten dollars, for registration as a hairdresser 
and, upon passing a practical examination satisfactory to 
said board, may be registered as a hairdresser. 

Approved April 29, 1953. 



certain cases, 
established 



Acts, 1953. —Chaps. 308, 309, 310. 219 



An Act increasing the fees for copies of certain C hap. 30S 

PUBLIC documents FURNISHED BY THE DEPARTMENT OF 
PUBLIC UTILITIES. 

Be it enacted, etc., as follows: 

Chapter 262 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 44, as appearing in the Tercentenary 5^44; imended. 
Edition, and inserting in place thereof the following sec- 
tion: — Section 44- The department of public utilities may Fees. 
charge thirty cents a folio for copies of official documents 
and orders relating to common and contract carriers. Other 
public officers required by law to furnish copies of records 
or other papers shall receive fees for such copies at the same 
rate as is allowed to registers of deeds, unless otherwise 
provided. Approved April 29, 1953. 

An Act increasing the fees charged by the department C/iap.309 

OF PUBLIC UTILITIES FOR ADDITIONAL PLATES AND FOR 
DUPLICATE CERTIFICATES, PERMITS AND LICENSES. 

Be it enacted, etc., as follows: 

Chapter 159B of the General Laws is hereby amended by g. l. (Ter. 
striking out section lOA, as amended by section 1 of chapter f loA^tt?,' 
644 of the acts of 1945, and inserting in place thereof the a^^ended. 
following section: — Section 10 A. The department may Fees, 
issue additional plates to replace such plates issued under 
section nine or ten as have been lost or mutilated or as are 
illegible, upon payment of a fee of two dollars for each such 
additional plate. It may issue a duplicate certificate, permit 
or license in place of one issued under this chapter which 
has been lost or destroyed, upon payment of a fee of fifty 
cents. It may issue a certified copy of a certificate, permit, 
license or plate certificate upon the payment of a fee of two 
dollars. Approved April 29, 1953. 

An Act relative to review by the alcoholic bever- QJiqt) 31Q 

ages control commission of the GRANTING OF SEASONAL 
licenses, so CALLED, FOR THE SALE OF ALCOHOLIC BEVER- 
AGES. 

Be it enacted, etc., as follows: 

Section 17 of chapter 138 of the General Laws is hereby g. l. (Ter. 
amended by striking out, in line 43 of the paragraph amended fly.'iuf.' 
by chapter 305 of the acts of 1946, the word "forty-six" and '"tended, 
inserting in place thereof the word: — fifty, — so that the 
last sentence of said paragraph will read as follows: — 
Nothing in this paragraph shall be deemed to authorize or Granting of 
permit the commission to deny a renewal of, or to rescind, ffceXt! 
revoke or cancel, because of a decrease in population, any regulated. 
seasonal license outstanding and in full force on April 
thirtieth, nineteen hundred and fifty. 

Approved April 29, 1963. 



220 



Acts, 1953. — Chap. 311. 



ChapMl 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 128A. 
§ 5, etc., 
amended. 



Tax on wagers 
at racing 

meetings, 
increased. 



G. L. (Ter. 
Ed.), 128A, § 5, 
etc., further 
amended. 

Payments to 
commission, 
established. 



G. L. (Ter. 
Ed.), 128A, 
§ 6. etc., 



An Act relative to the tax imposed by the common- 
wealth ON AMOUNTS WAGERED AT CERTAIN HORSE RACING 
MEETINGS CONDUCTED UNDER THE PARI-MUTUEL OR CER- 
TIFICATE SYSTEM OF WAGERING. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to make available immediately 
revenue for the old age assistance fund, therefore it is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the pubhc convenience. 

Be it enacted, etc., as follows. • 

Section 1. Section 5 of chapter 128A of the General 
Laws is hereby amended by striking out, in line 18 of the 
paragraph appearing in section 5 of chapter 575 of the 
acts of 1946, the word "ten" and inserting in place thereof 
the word : — twelve, — so that the second sentence thereof 
will read as follows : — Each hcensee conducting a racing 
meeting shall become the custodian or depository for such 
sums as may be deposited with such licensee by patrons as 
wagers on the speed or ability of any one or more horses or 
dogs in a race or races and such Ucensee shall be responsible 
for such sum so deposited and shall return to the winning 
patrons so wagering on the speed or ability of any one or 
more horses or dogs in a race or races all sums so deposited 
as an award or dividend, according to the acknowledged and 
recognized rules and method under which such pari-mutuel 
or certificate system has been operated, less the breaks, as 
defined in this section, and less an amount not to exceed 
twelve per cent of the total amount so deposited by the 
patrons wagering on the speed or abihty of running horses 
in a race or races not conducted in connection with a state 
or county fair, and fifteen per cent of the total amount so 
deposited by the patrons wagering on the speed or abiUty 
of running horses in a race or races conducted in connection 
with a state or county fair and on the speed or abiUty of 
harness horses or of dogs in a race or races, whether or not 
conducted in connection with a state or county fair, and less 
the so-called breaks, as defined in this section. 

Section 2. Said section 5 of said chapter 128A is hereby 
further amended by striking out the sentence amended by 
section 1 of chapter 294 of the acts of 1949, and inserting in 
place thereof the f oUowdng sentence : — Each person licensed 
to conduct a running horse racing meeting, other than a 
hcensee holding a racing meeting in connection mth a state 
or county fair, shall pay to the commission on the day fol- 
lowing each day of such horse racing meeting a sum equal 
to five per cent of the total amount deposited on the pre- 
ceding day by the patrons so wagering at such meeting, said 
percentage to be paid from the twelve per cent withheld, 
as provided in this section, from the total amount wagered. 

Section 3. Said section 5 of said chapter 128A is hereby 
further amended by striking out, in line 28 of the paragraph 



Acts, 1953. — Chaps. 312, 313, 314. 221 

appearing in chapter 473 of the acts of 1939, the word "ten" ^'^g^^''^^, 
and inserting in place thereof the word : — twelve, — so 
that the third sentence will read as follows: — Each licensee Amount of 
may retain as his commission on the total of all sums so de- toTi^nsee!' 
posited, in addition to his share of the breaks as hereinafter regulated. 
provided, a sum not exceeding the balance of the twelve and 
fifteen per cent withheld, as provided in this section, from 
the total amount wagered after deducting therefrom the 
amount hereinbefore required to be paid to the commission. 

Approved April SO, 1953. 

An Act authorizing the town of wrentham to supply QfiQrt 312 

AND SELL WATER TO THE TOWN OF NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. The acts of the current year are hereby 
amended by striking out chapter 65 and inserting in place 
thereof the following : — The town of Wrentham may sup- 
ply and sell water for domestic and other purposes to the 
town of Norfolk upon such terms and conditions as may be 
agreed upon between the water commissioners of said towns, 
or, in case of failure so to agree, upon such terms and con- 
ditions as may be fixed by the state department of public 
utilities; and said town of Norfolk is hereby authorized to 
purchase such water. 

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

Approved April SO, 1953. 

An Act relative to the appointment of town clerk QJiqj) 313 
of the town of walpole. ^' 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, John H. White of Walpole may be appointed as 
town clerk of the town of Walpole and may serve as such 
town clerk during the pleasure of the board of selectmen of 
said town. 

Section 2. This act shall take effect upon its passage. 
Approved April SO, 1953. 

An Act establishing a division of industrial accidents QJidy 314 

within THE department OF LABOR AND INDUSTRIES. ^' 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make its provisions effective p''^*'"*''^- 
forthwith, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 23 of the General Laws is hereby g. l. (Xer. 
amended by inserting at the end thereof the following ten §§*i4-2\''^^ 
sections under the caption division of industrial acci- 8^<ided. 



222 



Acts, 1953. —Chap. 314. 



Division of 
industrial 
accidents, 
established. 



Industrial 
accident 
board, 

membership, 
salaries, etc. 



Chairman of 
board. 



Reviewing 

boards, 

appointment 



Certain 
hearings 
be held i 



Office of 

self-insurance, 

director, 

appointment 

of, salary, 

etc. 



Payment of 
salaries. 
Records, etc. 



Inspectors. 



dents: — Section 14. There shall be in the department but 
not under its supervision or control a division of industrial 
accidents, consisting of the industrial accident board here- 
inafter provided for. 

Section 15. The industrial accident board shall consist of 
nine members, one of whom shall be a woman, at such sal- 
aries, not exceeding eight thousand dollars each, as the 
governor and council determine, except that the chairman, 
who shall be designated by the governor, shall receive such 
salary, not exceeding nine thousand dollars, as the governor 
and council determine. Upon the expiration of the term of 
office of a member, his successor shall be appointed for five 
years by the governor, with the advice and consent of the 
council. The members shall devote their whole time in 
business hours to the work of the board. 

Section 16. The division shall be under the supervision 
and control of the chairman of the board, who shall be its 
executive head. During the temporary absence or dis- 
ability of the chairman, he may designate a member of the 
board as acting chairman. 

Section 17. The chairman shall from time to time appoint 
one or more reviewing boards, each reviewing board to con- 
sist of not less than three members, to decide matters re- 
quired to be heard by such a board. 

Section 18. A reviewing board appointed under the au- 
thority of section seventeen shall hold hearings in the city 
of Springfield at least six times each year to decide matters 
required to be heard by such board and relating to industrial 
accidents occurring, or to employees Uving, in Berkshire, 
Franklin, Hampden and Hampshire counties. 

Section 19. There shall be in the division and under its 
supervision and control an office of self-insurance under a 
director, who shall have charge of said office. The division, 
with the approval of the governor and council, shall appoint 
said director and, with like approval, may remove him at 
any time for cause. Said office shall perform such of the 
functions of the division in relation to the administration 
and enforcement of the provisions of chapter one hundred 
and fifty-two relating to self-insurance as the division may 
from time to time determine. The division may employ such 
employees to serve in said office as may be necessary. 

Section 20. The salaries and expenses of the division shall 
be paid by the commonwealth. The division may appoint 
and remove a secretary. It shall also be allowed such sums 
as may annually be appropriated by the general court for 
clerical service and traveling and other necessary expenses. 
Its records shall be kept in its office. 

Section 21. The division may appoint and remove not 
more than six inspectors. They shall be required to pass 
examinations of a comprehensive and practical character 
based upon the particular requirements of the work to be 
done by them. 

Section 22. There may be estabUshed and maintained 



Acts, 1953. — Chap. 314. 223 

under the control of the division not more than four branch o^^g^^j, 
offices in cities selected by it, from time to time, after proper certain cities, 
investigation, for the better adjustment of disputed cases 
and for the better information of all parties as to their rights 
under chapter one hundred and fifty-two. Said division 
may provide such offices with rooms, furniture and equip- 
ment, and appoint such officers, agents, clerks and assistants 
as are necessary for the discharge of its duties in connection 
with such offices. 

Section 23. The division may appoint a duly qualified ^^^g,' 
physician as medical adviser and shall prescribe his duties. 

Section 2. Section 1 of chapter 152 of the General Laws, g. l. (Xer. 
as most recently amended by section 1 of chapter 738 of the ^tci! 'amended, 
acts of 1950, is hereby further amended by striking out sub- 
section (2) and inserting in place thereof the following suId- 
section : — 

(2) "Division", the division of industrial accidents. 

Section 3. Said section 1 of said chapter 152 is hereby g. l. (Xer. 
further amended by striking out subsection (8), as so ap- ^tl!'fi^thel ^' 
pearing, and inserting in place thereof the following sub- amended, 
section : — 

(8) "Reviewing board", the reviewing board designated 
under section seventeen of chapter twenty-three. 

Section 4. Section 2 of said chapter 152, as appearing g. l. (Xer. 
in the Tercentenary Edition, is hereby amended by striking Amended.' * ^' 
out, in fine 1, the word "department" and inserting in place 
thereof the word: — division, — and by inserting before the 
word "member", in line 3, the word: — board. 

Section 5. Said chapter 152 is hereby further amended g- l- (Tct ^ 
by striking out section 4, as amended by chapter 83 of the etc!, 'ameAded'. 
acts of 1939, and inserting in place thereof the following sec- 
tion: — Section 4- The division shall, as early as is con- Annual report, 
sistent with full and accurate preparation, make an annual 
report to the governor and the general court covering the 
preceding calendar year. 

Section 6. Sections 5, 6, 7, 8, 8A, 9, 9A, 11, 12, 13, 14, G.L.CTer. 
16, 17, 19, 20, 22, 23, 29, 30, 30B, 3oA, 46, 48, 49, 59, 62, Certain 
63, 65A, 65B, 65M, 69A and 70 of said chapter 152, as t^^M. 
amended, are hereby further amended by striking out the 
word "department" wherever it appears therein and in- 
serting in place thereof, in each instance, the word : — 
division. 

Section 7. The incumbent members of the present in- present 
dustrial accident board in the department of industrial acci- ™nTinue^to° 
dents shall continue to serve as members of the industrial serve. 
accident board herein established until the expiration date 
of their present terms, and the director of the division of 
self-insurance in the department of industrial accidents shall 
continue to serve as the director of the office of self-insurance 
in the division of industrial accidents herein established. 

Section 8. The employees of the department of Indus- Employees' 
trial accidents serving therein upon the effective date of this tJfb^im°* 
act who are subject to the civil service laws shall continue paired. 



224 



Acts, 1953. — Chap. 315. 



Rules and 
regulations 
to continue 
in force. 

Exception. 



Powers, 
duties, etc. 



Severability 
provision. 



G. L. (Ter. 
Ed.), 24, etc. 
repealed. 



to serve in said division of industrial accidents without im- 
pairment of their civil service or other rights, and such em- 
ployees shall retain any step-rate increases from the minimum 
pay of their grade earned during their ser\aces with said de- 
partment, and for retirement purposes their service with 
said department shall be deemed to be creditable service. 

Section 9. All records of the department of industrial 
accidents are hereby transferred to the division of indus- 
trial accidents. 

Section 10. All orders, rules and regulations of the de- 
partment of industrial accidents in force on the effective 
date of this act shall thereafter continue in force in accord- 
ance with their terms unless and until suspended, revised, 
rescinded, revoked or cancelled under authority established 
by this act. 

Section 11. The powers and duties of the department 
of industrial accidents abolished by this act shall hereafter 
be exercised and performed by the division of industrial ac- 
cidents created by this act, and, when used in any statute, 
rule or regulation, the phrase ''department of industrial ac- 
cidents" or "industrial accident board" or any words con- 
noting the same shall mean the said division of industrial 
accidents or industrial accident board created by this act 
unless a contrary intent clearly appears. 

Section 12. If any provision of this chapter, or the 
apphcation of such provision to any person or circumstance, 
shall be held invalid, the remainder of this chapter, or the 
application of such provision to persons or circumstances 
other than those as to which it is held invalid, shall not be 
affected thereby. 

Section 13. Funds available for expenditure by the de- 
partment of industrial accidents shall be available for ex- 
penditure by the division of industrial accidents created by 
this act. 

Section 14. Chapter twenty-four of the General Laws, 
as amended, is hereby repealed. Approved May 1, 1953. 



Chap.Slb An Act increasing the amount of money the city of 

FITCHBURG MAY BORROW FOR THE CONSTRUCTION AND 
equipment of CERTAIN BUILDINGS IN SAID CITY, INCLUD- 
ING AN ADDITION TO THE BURBANK HOSPITAL, AND EX- 
TENDING THE TIME WITHIN WHICH IT MAY SO BORROW. 

Be it enacted, etc., as follows: 

Section 1. Chapter 293 of the acts of 1948 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section: — Section 1. For the purpose 
of constructing and originally equipping and furnishing a 
city infirmary and a nurses' home and school, and of con- 
structing an addition to the Burbank hospital, to contain 
maternity, surgical, medical, administrative and other 
units, and originally equipping the same, the city of Fitch- 
burg may borrow from time to time within a period of ten 



Acts, 1953. — Chap. 316. 225 

years from the passage of this act such sums as may be 
necessary, not exceeding, in the aggregate, three miUion 
dollars, and may issue bonds or notes therefor which shall 
bear on their face the words "Fitchburg Municipal Buildings 
Loan, Act of 1948". Each authorized issue shall constitute 
a separate loan and such loans shall be paid in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be outside the statutory limit and shall, 
except as herein provided, be subject to the provisions of 
chapter forty-four of the General Laws, including the limi- 
tation contained in the first paragraph of section seven 
thereof. 

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

Approved May 1, 1953. 

An Act providing for an auxiliary water supply con- CfimyJ^XQ 

NECTION TO THE WATER SUPPLY SYSTEM OF THE TOWN 
OF MIDDLEBOROUGH FOR THE LAKEVILLE STATE SANA- 
TORIUM. 

Be it enacted, etc., as follows: 

Section L The department of public health is hereby 
authorized to install a pipe line to connect with the water 
supply system of the town of Middleborough and to con- 
struct a meter pit and install a meter, if and when required, 
and do all other things as may be necessary to provide an 
auxiliary water supply for the Lakeville state sanatorium. 
The department of public health may construct, lay and 
maintain said pipe line and other works in the public ways 
in the towns of Lakeville and Middleborough in such a 
manner as not unnecessarily to obstruct the same; and for 
the purposes of constructing, laying and maintaining said 
pipe line and for all purposes of this act, the department of 
public health may dig up said public ways in such a manner 
as to cause the least hindrance to public travel on said ways 
and shall restore the surface of said ways to the condition 
in which they were found prior to the installation of said 
pipe line; provided, that the manner in which all things are 
done upon any such way shall be subject to the approval of 
the selectmen of the town of Lakeville or the town of Middle- 
borough, as the case may be. 

Section 2, For the purpose of paying the cost of con- 
structing the pipe line referred to in this act, the department 
of public health may expend from the amount appropriated 
in Item 7720-03 of section two of chapter seven hundred and 
fifty-six of the acts of nineteen hundred and fifty-one a sum 
not exceeding nine thousand dollars. 

Section 3. The department of public health may pur- 
chase water from the town of Middleborough, authority to 
sell the same being hereby granted. 

Section 4. For the purpose of paying for the cost of 
water suppHed, the department may expend from the main- 
tenance account of the Lakeville state sanatorium such 



226 Acts, 1953. —Chaps. 317, 318, 319. 

amounts as may be agreed upon between the selectmen of 
the town of Middleborough and the commissioner of public 
health, but not exceeding the rate at which water is sold by 
the town of Middleborough to its water consumers. 
Section 5. This act shall take effect upon its passage. 

Approved May 1, 1953. 

Chap.'Sll An Act changing the name of the park and playground 

COMMISSION OF THE TOWN OF WEST SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The park and playground commission in the 
town of West Springfield established under the provisions of 
chapter seven of the acts of nineteen hundred and thirty- 
nine shall hereafter be known as the park and recreation 
commission. 

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

Approved May 1, 1953. 

ChnV.SlS A^ ^^'^ AUTHORIZING THE TOWN OF METHUEN TO PAY A 
SUM OF MONEY TO ROLAND ROBINSON. 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Methuen is hereby authorized to appro- 
priate or transfer from available funds, and to pay, a sum 
of money, not exceeding one hundred and ninety-four dollars 
and eighty-one cents to Roland Robinson to indemnify him 
for medical expenses incurred by him on behalf of Roberta 
Robinson, who, on September tenth, nineteen hundred and 
fifty-two, received injuries while lawfully playing in the yard 
of the Stephen Barker school, as a result of which injuries 
the said Roberta Robinson lost the vision in one eye. 

Section 2. Any action taken at any town meeting by the 
town of Methuen 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 May 1, 1953. 

Chap.S19 An Act to abolish the position of trial justice. 

Be it enacted, etc., as follows. • 
G. L. (Ter. SECTION 1. Chapter 219 of the General Laws is hereby 

repealed. ' repealed. 

G. L. (Ter. SECTION 2. Scction 7 of chapter 4 of the General Laws 

CL'42!'8!rIcken ^^ hereby amended by striking out clause Forty-second, as 
out. ' appearing in the Tercentenary Edition. 

G. L. (Ter. SECTION 3. Section 3 of chapter 5 of the General Laws 

amended^ ^' is hereby amended by striking out, in line 52, as appearing 

in the Tercentenary Edition, the words "trial justices". 
g^L.^Ter^ Section 4. Section 4 of said chapter 5, as appearing in 

amended. 



I 



Acts, 1953. — Chap. 319. 227 

the Tercentenary Edition, is hereby amended by striking 
out, in hne 13, the words "trial justices". 

Section 5. Section 45 of chapter 35 of the General Laws, g. l. (Ter. 
as so appearing, is hereby amended by striking out, in line 6, f 45; amended. 
the words "trial justices". 

Section G. Section 7 of chapter 38 of the General Laws is g. l. (Xer. 
hereby amended by striking out, in Une 13, as appearing in Jtl! amended. 
section 5 of chapter 632 of the acts of 1945, the words "or 
trial justice". 

Section 7. Section 9 of said chapter 38, as appearing in g. l. (Ter. 
the Tercentenary Edition, is hereby amended by striking f 9/anfended. 
out, in lines 3 and 4, the words "or the jurisdiction of the 
trial justice", by striking out, in line 5, the words "or jus- 
tice", and by striking out, in line 8, the words "or juris- 
diction". 

Section 8. Section 21 of chapter 40 of the General Laws g. l. (Xer. 
is hereby amended by striking out, in line 7, as appearing f *^2i; tmended. 
in the Tercentenary Edition, the words "or trial justice". 

Section 9. Section 98 of chapter 41 of the General Laws, g. l. (Xer. 
as so appearing, is hereby amended by striking out, in line f gg,' tmended. 
15, the words "or trial justice". 

Section 10. Section 25 of chapter 85 of the General ^aVsPs^s 
Laws, as so appearing, is hereby amended by striking out, amended. 
in hne 1, the words "and trial justices,". 

Section 11. Chapter 90 of the General Laws is hereby ^j^-^J**- 
amended by striking out section 27, as amended by section 2 § 2'7,'etc., 
of chapter 115 of the acts of 1949, and inserting in place '^""^"'^'''i- 
thereof the following section : — Section 27. A full record ^'ertain duties 
shall be kept by every court of every case in which a person jlisUc^s. 
is charged with a violation of any provision of this chapter abolished. 
relating to motor vehicles, and an abstract of such record 
shall be sent forthwith by the court to the registrar. Said 
abstracts shall be made upon forms prepared by the regis- 
trar, and shall include all necessary information as to the 
parties to the case, the nature of the offence, the date of the 
hearing, the plea, the judgment and the result; and every 
such abstract shall be certified by the clerk of the court as a 
true abstract of the record of the court. The registrar shall 
keep such records in his main office, and they shall be open 
to the inspection of any person during reasonable business 
hours. Courts shall, upon their own initiative or upon the 
request of the registrar or his agents, furnish to the registrar 
the details of all particularly flagrant cases which may be 
heard before them ; and they may make such recommenda- 
tions to the registrar as to the suspension or revocation of 
the licenses and certificates of registration of the defendants 
in such cases as they may deem necessary. 

Section 12. Section 49A of said chapter 90, inserted by Sj^^-^J'^''- 
section 1 of chapter 115 of the acts of 1949, is hereby amended § 49.\. etc , 
by striking out, in lines 1 and 2, the words "and trial jus- "'"ended. 
tice", — by striking out, in line 8, the words "or trial jus- 
tice", — and by striking out, in hne 14, the words "or by 
the trial justice", 



228 



Acts, 1953. — Chap. 319. 



Q. L. (Ter. 

Ed.). 110, 

§ 20, amended. 



G. L. (Ter. 

Ed.), 110. 

§ 25, amended. 



G. L. (Ter. 
Ed.), 119, 
§ 79, etc., 
amended. 



G. L. (Ter. 

Ed.), 122, 

§ 21, amended 



G. L. (Ter. 
Ed.), 123. 
§ lOOA, etc 
amended. 



G. L. (Ter. 
Ed.), 124. 
§ 8, etc., 
amended. 



G. L. (Ter. 
Ed.), 127, 
§ 145, 
amended. 



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



G. L. (Ter. 
Ed.), 140, 
§174, 
amended. 

G. L. (Ter. 
Ed.). 146, 
§ 68, stricken 
out. 

G. L. (Ter. 
Ed.), 159, 
§ 94, etc.. 
amended. 



G. L. (Ter. 

Ed.). 212, 

S 6, amended. 



G. L. (Ter. 
Ed.). 220. § 2. 
amended. 



Section 13. Section 20 of chapter 110 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amendeci by striking out, in Une 2, the words "or trial 
justice", — and by striking out, in line 7, the words "or 
justice". 

Section 14. Section 25 of said chapter 110, as so appear- 
ing, is hereby amended by striking out, in line 2, the words 
"or trial justice", — and by striking out, in line 5 and in 
Une 9, the words "or justice". 

Section 15. Section 79 of chapter 119 of the General 
Laws, as amended by section 16 of chapter 310 of the acts 
of 1948, is hereby further amended by striking out, in hne 5, 
the words "or trial justice". 

Section 16. Section 21 of chapter 122 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in lines 1 and 2, the words "or a 
trial justice". 

Section 17. Section lOOA of chapter 123 of the General 
Laws, as amended by section 11 of chapter 194 of the acts of 
1941, is hereby further amended by striking out, in line 8, 
in lines 23 and 24, and in hnes 28 and 29, the words "or the 
trial justice", and by striking out, in hne 36, the words "or 
trial justice". 

Section 18. Section 8 of chapter 124 of the General 
Laws, as amended by section 1 of chapter 48 of the acts of 
1935, is hereby further amended by striking out, in hne 7, 
the words "and trial justices" and by striking out, in line 9, 
the words "or justices". 

Section 19. Section 145 of chapter 127 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in line 1, the words "and trial 
justices". 

Section 20. Section 131 of chapter 140 of the General 
Laws, as most recently amended by chapter 201 of the acts 
of 1951, is hereby further amended by striking out, in line 1, 
the words "or a trial justice". 

Section 21. Section 174 of said chapter 140, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out, in lines 2 and 3, the words "or trial justice". 

Section 22. Chapter 146 of the General Laws is hereby 
amended by striking out section 68, as so appearing. 

Section 23. Section 94 of chapter 159 of the General 
Laws is hereby amended by striking out, in lines 14 and 15, 
as appearing in section 6 of chapter 363 of the acts of 1936. 
the words "or trial justice having jurisdiction of such of- 
fences committed in the city or town where such person is 
detained,", — and by striking out, in hne 16, the words "or 
justice". 

Section 24. Section 6 of chapter 212 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in hnes 2 and 3, the words "or a 
trial justice". 

Section 25. Section 2 of chapter 220 of the General 



Acts, 1953. — Chap. 319. 229 

Laws, as so appearing, is hereby amended by striking out, 
in lines 1 and 2, the words ", the justices thereof and trial 
justices", and inserting in place thereof the words: — and 
the justices thereof. 

Section 26. Section 13 of said chapter 220, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in line 1, the words ^'\-^' |^;nded 
"or trial justice". 

Section 27. Chapter 221 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 25, as so appearing. f 25,' s^tricken 



Section 28. Section 4 of chapter 263 of the General 



out. 



Laws, as so appearing, is hereby amended by striking out, Ed.), 263? 
in line 3, the words "or trial justice". ^ ^' amended. 

Section 29. Section 8A of said chapter 263, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in line 2, the words § si', amended. 
"or before a trial justice", — and by striking out, in line 3, 
the words "or before such justice". 

Section 30. Section 23 of chapter 271 of the General ^j^-^^f""- 
Laws, as most recently amended by section 1 of chapter 303 §23,' etc..' 
of the acts of 1934, is hereby further amended by striking ^""•^"^•'^ 
out, in line 2, the words "or a trial justice". 

Section 31. Section 2 of chapter 273 of the General gj^-^^er.^^ 
Laws, as most recently amended by section 1 of chapter 87 etc!, 'amended'. 
of the acts of 1943, is hereby further amended by striking 
out, in line 6, the words "or before a trial justice", — by 
striking out, in Hue 7, the words "or before the trial 
justice", — and by striking out, in line 8, the words "or 
his". 

Section 32. Section 21 of chapter 276 of the General gj^^^^""- 
Laws, as appearing in the Tercentenary Edition, is hereby §'21; amended. 
amended by striking out. in line 2, the words "and trial 
justices,". 

Section 33. The first paragraph of section 57 of said g^l. (Ter. 
chapter 276, as so appearing, is hereby amended by striking § 57! amended. 
out, in line 6, the words ", a master in chancery or a trial 
justice", and inserting in place thereof the words: — or a 
master in chancery, — and by striking out, in lines 17 and 
18, the words "or trial justice". 

Section 34. Section 100 of said chapter 276, as amended g. l. (Ter. 
by chapter 64 of the acts of 1943, is hereby further amended f 106,^^^' 
by striking out, in lines 6 to 8, inclusive, the words "and trial ^^''- amended, 
justices shall transmit to the board reports of cases coming 
before them in such form and at such times as the board 
may require,". 

Section 35. Section 31 of chapter 279 of the General g. l. (Ter. 
Laws, as appearing in the Tercentenary Edition, is hereby f 3]; amended. 
amended by striking out, in lines 4 an(i 5. the words "and 
trial justices". 

Section 36. Section 37 of said chapter 279, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in line 2, the words f 37; Amended. 
"or trial justice". 

Section 37. Section 2 of chapter 280 of the General g^^-^Jo'''"- 
Laws is hereby amended by striking out, in Kne 5, as appear- § 2, 'amended. 
ing in the Tercentenary Edition, the words "or trial justices ", 



230 



Acts, 1953. — Chaps. 320, 321. 



G. L. (Ter 
Ed.). 280 



Position of 
trial justice, 
abolished. 



— and by striking out, in line 10 and in line 14, the words 
"or trial justice". 

Section 38. Section 16 of said chapter 280, as so appear- 
§"16.* amended ing, is hereby amended by striking out, in line 6, the words 
"to a trial justice, or", — and by striking out, in hnes 6 and 
7, the words "trial justice or". 

Section 39. The powers and duties of trial justices shall 
hereafter be exercised and performed by justices of the dis- 
trict courts, and when used in any statute, rule or regulation 
the words "trial justice" or any words connoting the same 
shall mean the justice of a district court, unless a contrary 
intent clearly appears. No party to a proceeding pending 
before a trial justice upon the effective date of this act shall 
lose any rights by reason of the abolishing of the position 
of trial justice. 

Section 40. This act shall take effect on October first, 
nineteen hundred and fifty-three. 

Approved May 1, 1953. 



Effective 
date. 



CAap. 320 An Act relative to custody and delivery of money 

OR OTHER PROPERTY FOUND UPON OR NEAR A DEAD BODY. 

Be it enacted, etc., as follows: 

Chapter 38 of the General Laws is hereby amended by 
striking out section 18, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section: 
— Section 18. The medical examiner or associate medical 
examiner, or his agent or agents, shall take charge of any 
money or other property of the deceased found on or near 
the body and deliver the said property to the person entitled 
to its custody or possession, or, if not claimed within sixty 
days, to a public administrator and, if said money or other 
property is found in the presence of a relative of the deceased 
or in the presence of a police officer of the city or town in 
which the body is located, he shall give said relative or pohce 
officer a receipt for said property. For fraudulent neglect 
or refusal to give said receipt at the time of the taking of said 
property, or to deliver such property within three days after 
demand, a medical examiner or associate medical examiner, 
or his agent or agents, shall be punished by a fine of not more 
than five hundred dollars or by imprisonment for not more 
than two years. Approved May 1, 1953. 



G. L. (Ter. 

Ed.). 38, 

§ 18, amended 



Custody and 
delivery of 
personal 
property 
found upon 
or near a 
dead body, 
regulated. 



Chap.S21 An Act relative to the filling of vacancies in the 

CITY COUNCIL OF THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of any general or special 
law to the contrary, if at any time a vacancy occurs in the 
city council of the city of Quincy from any cause, the city 
clerk shall forthwith notify the city council thereof; and 
within fifteen days after such notification, the remaining 
city councillors shall choose, as city councillor for the un- 



Acts, 1953. —Chap. 322. 231 

expired term, whichever of the defeated candidates for the 
ofhce of city councillor at the regular municipal election at 
which city councillors were elected for the term in which 
the vacancy occurs, who are ehgible and willing to serve, 
received the highest number of votes at such election, or, if 
there is no such defeated candidate eligible and willing to 
serve, a registered voter of the city duly qualified to vote for 
a candidate for the office of city councillor. If at a regular 
municipal election there is a failure to elect a city councillor 
or if a person elected city councillor at such an election re- 
signs 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 within fifteen days after 
such notification, the members thereof shall choose, as city 
councillor for the unexpired term, whichever of the defeated 
candidates for the office of city councillor at such election, 
who are eligible and willing to serve, received the highest 
number of votes at such election, or, if there is no such de- 
feated candidate eligible and willing to serve, a registered 
voter of the city duly qualified to vote for a candidate for the 
office of city councillor. If in anj^ of the aforesaid events a 
choice is not made as hereinbefore provided within fifteen 
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 lenght of service 

Approved May 1, 1953. 

An Act relative to the dredging of a channel in Chav. S22 

EAST BOSTON. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law to the con- 
trary, the department of public works, by the division of 
waterways of said department, is hereby authorized and 
directed to assume all the rights, powers and duties of the 
state airport management board under section four of chap- 
ter seven hundred and sixty of the acts of nineteen hundred 
and fifty, as amended. 

In addition to any unexpended balance remaining from 
funds provided for under said section four of said chapter 
seven hundred and sixty, as amended (account 8315-62), 
said department of public works, by the division of water- 
ways, may expend such additional funds as may be neces- 
sary therefor from the funds provided in item 2202-05 of 
section two of chapter six hundred and thirty-two of the 
acts of nineteen hundred and fifty-two. 

Approved May 1, 195S. 



232 Acts, 1953. — Chaps. 323, 324, 325, 326. 



Chap.S2d An Act relative to the approval of rules and regula- 
tions OF THE department OF PUBLIC WELFARE IN THE 
ADMINISTRATION OF AID TO DEPENDENT CHILDREN. 

Be it enacted, etc., as follows: 

Ed^iir§5 Section 5 of chapter 118 of the General Laws is hereby 
etc!, 'aniended'. amended by striking out the last two sentences inserted by 
section 1 of chapter 613 of the acts of 1949, and inserting 
Rules and in placc thcrcof the following sentence: — Rules and regula- 
Miguktions. tions promulgated under this section shall be effective only 
effective. when approved by the advisory board of the department. 

Approved May 1, 1953. 

Chap. 324: An Act providing for a vote by ballot to annul the 

REFUSAL OF THE WATER COMMISSIONERS OF THE TOWN OF 
LEE TO EXTEND WATER MAINS OR PIPES. 

Be it enacted, etc., as follows. ■ 

Section 10 of chapter 9 of the acts of 1946 is hereby 
amended by inserting after the word "vote", in line 4, the 
words: — by ballot, — so as to read as follows: — Section 
10. If, for any reason, the board of water commissioners 
should refuse to extend water mains or pipes into sections of 
the town not previously supplied with water from the town 
water works, a two-thirds vote by ballot of an annual town 
meeting shall be necessary to annul such refusal. 

Approved May 1, 1953. 

Chap.Z2b An Act relative to payment of aid to dependent 

CHILDREN. 

Be it enacted, etc., as follows: 
G. L. (Ter. Scctiou 2 of chapter 118 of the General Laws, as most 

f 2■.^etc^^ recently amended by section 1 of chapter 525 of the acts of 
amended. 1951, is hereby further amended by striking out the third 

sentence and inserting in place thereof the following sentence: 
Payment of — Such asslstauce shall be paid by cash or in check and shall 

be paid semi-monthly in advance unless the applicant prefers 

less frequent payments. Approved May 1, 1953. 



aid to 
dependent 



children 
regulated 

Chav.S2Q An Act authorizing the town or wilbraham to convey 

ITS INTEREST IN A PORTION OF LAND KNOWN AS "tHE 

green". 

Be it enacted, etc., as follows: 

The town of Wilbraham is hereby authorized, by vote at 
any annual or special town meeting, to convey its interest 
in a portion of the land now or formerly known as "The 
Green", which is the subject of a petition for registration of 
title in the land court and described in Petition No. 18738, 
now pending. Approved May 1, 1953. 



Acts, 1953. ~ Chaps. 327, 328, 329. 233 



An Act to provide for public hearings by the depart- Chav 327 

MENT OF PUBLIC UTILITIES IN THE CITY OR TOWN AFFECTED 
UPON REQUEST BY CERTAIN PERSONS. 

Be it enacted, etc., as follows: 

Chapter 25 of the General Laws is hereby amended by g l. (Xer. 
striking out section 4A, inserted by chapter 526 of the acts § 4a, etc., 
of 1950, and inserting in place thereof the following section: "^mended. 
— Section JiA. Upon request of the mayor of a city or the Public heariug 
selectmen of a town, or of any member of the general court of pubiif"'^"' 
or of twenty customers of the company affected, a pubUc ^.h'jn''®' 
hearing ordered by the department to be held in connection required, 
with any change in rates or reduction in service shall be held 
in the city or town or area wherein the company affected 
does business or in which any decision of the commission 
would apply. Approved May 1, 1953. 



An Act relative to the disposition of shares of pre- Chav. ^2^ 

FERRED stock OF GAS OR ELECTRIC COMPANIES. 

Be it enacted, etc., as follows: 

Section 19 of chapter 164 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by in- §^19^; ^^*' 
serting after the first sentence the following sentence : — If amended. 
an increase subject to section eighteen consists only of pre- Disposition 
ferred stock and the stockholders authorizing the increase sL't^s o" 
so determine, the new or additional preferred stock may be ^as or 
disposed of by auction or by tender to the highest bidder, or companies, 
to customers or employees of the company or others, in such ""eguiated. 
manner, at such times, upon such terms and at such price, 
not less than par to be paid in cash, as the directors shall 
determine and as may be approved by the department, 
without being offered to the stockholders. 

Approved May 1, 19 53. 

An Act pertaining to the savings banks employees Chav 329 

RETIREMENT ASSOCIATION. ^' 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section 58 of chapter g. l. (Ter. 
168 of the General Laws is hereby amended by striking out f 58,'e\^c^,' 
the second sentence, as appearing in section 1 of chapter 104 ^n^ended. 
of the acts of 1945, and inserting in place thereof the follow- 
ing sentence : — A participating bank may contribute to the contributions 
funds of the association to the extent determined by its Lankr"^* 
trustees, but its contributions for future service, as defined retPp°i^en^t 
in the by-laws, on account of any employee shall not exceed association. 
such employee's contributions or five per cent of his salary '■^«'''''^*'"^ 
or wages, whichever is less, and an additional amount of not 
more than five per cent of that part of such employee's annual 
salary or wages which is not in excess of ten thousand dollars. 

Section 2. The last paragraph of said section 58 of said Ed^'iJs'^' 
chapter 168 is hereby amended by striking out the last sen- § ss'etc..' 

further 
amended. 



234 Acts, 1953. —Chaps. 330, 331. 

tence, as appearing in chapter 240 of the acts of 1946, and 
inserting in place thereof the following sentence: — No an- 
Same subject, nuity or pcnsion provided by contributions from a participat- 
ing bank for the benefit of any employee on account of past 
and future service shall exceed one half of the average annual 
salary of the employee for the five years preceding the date 
of retirement, or five thousand dollars, whichever is less. 

Approved Mmj 1, 1953. 

Chap. 3^0 An Act relative to the enforcement of provisions of 

THE workmen's COMPENSATION LAW REQUIRING CERTAIN 
EMPLOYERS TO PROVIDE FOR THE PAYMENT OF COMPENSA- 
TION THEREUNDER. 

Be it enacted, etc., as follows. • 
G. L. (Ter. Section 25C of chapter 152 of the General Laws, as most 

f25C^ttc., recently amended by chapter 689 of the acts of 1951, is 
amended. hereby further amended by striking out the next to the last 

sentence and inserting in place thereof the following sen- 
Enforcement tence : — The department or chairman shall have power to 
of wo°rkmen^8 bring complaiuts against employers, including the president 
compensation g^jj^j treasurcr of a corporation which is an employer, for 
regvJated. violations of the provisions of this section, and to prosecute 
the same, and for such purpose may deputize one or more 
of its inspectors, investigators or other persons in its employ, 
as it may deem necessary, to make and prosecute such 
complaints. Approved May 1, 1953. 

C/iajD.331 An Act providing for refunds by gas companies in 

CERTAIN CASES. 

Be it enacted, etc., as follows: 
G. L. (Ter. Chapter 164 of the General Laws is hereby amended by 

^'^■^'-^94F, inserting after section 94E the following section: — Sec- 



new 



added. ^j^Q^ Qj^p jj^ connection with any investigation by the de- 

Refunds by partment concerning the rates, prices and charges made by 
fnler°t^r""''' a gas, compauy, the department may take into consideration 
authorized. ^^^ rates, charges, classifications and schedules on file with 
the Federal Power Commission whereby the cost of gas 
purchased or received by such gas company is fixed and de- 
termined. If, while such investigation is pending before the 
department, a proceeding shall be instituted or be pending 
before the Federal Power Commission or an appeal there- 
from to any court having jurisdiction, with respect to or 
affecting the cost of gas payable by such gas company, the 
department shall consider as an item of operating expense 
to said gas company the cost of gas set forth in rates, charges, 
classifications and schedules on file with the Federal Power 
Commission. If the cost of gas payable by said gas com- 
pany shall be reduced by the official order of the Federal 
Power Commission or by ofiicial decree of the court, if ap- 
pealed thereto, and the department shall have entered an 
order approving rates of said gas company based upon the 
cost of gas set forth in the rates, charges, classifications and 



Acts, 1953. — Chap. 332. 235 

schedules on file with the Federal Power Commission which 
were later reduced as above set forth, the department, upon 
its own motion or upon complaint and after notice and hear- 
ing, may order said gas company to refund to its customers 
any sums refunded to said gas company for the period sub- 
sequent to the effective date of the order of the department 
approving rates for the gas company as above set forth and 
may impose such restrictions, limitations, terms and condi- 
tions in such order as are considered necessary by it. The 
department may also make such order, upon its own mo- 
tion or upon complaint and after due notice and hearing, in 
any case where the Federal Power Commission has ordered 
and a gas company has received a refund from a natural gas 
pipe line company as defined in this chapter. 

Approved May 1, 1953. 

An Act relative to obstructions and repairs at rail- Chav.^Z2 

ROAD GRADE CROSSINGS. 

Be it enacted, etc., as follows: 

Chapter 160 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 106, as appearing in the Tercentenary fioe/^' 
Edition, and inserting in place thereof the following section: amended. 
— Section 106. If, upon appHcation to the county commis- obstructions 
sioners by the board of aldermen or selectmen, and after at ran'roaT 
notice to the corporation which owns or operates a railroad, f^^^^^ ^ 
and a hearing, it appears that the railroad so crosses a pubUc regulated, 
way other than a state highway as to obstruct it, contrary 
to section ninety-seven, or to a decree made under section 
one hundred, or that the corporation refuses or neglects to 
keep a bridge or other structure required or necessary at 
such crossing in proper repair, the county commissioners may 
make a decree prescribing what repairs shall be made by the 
corporation at the crossing, and the time within which they 
shall be made. A commission of three disinterested persons, 
appointed as provided in section sixty-two of chapter one 
hundred and fifty-nine, shall determine which party shall 
carry such decision into effect and which party shall pay the 
charges and expenses of making such repairs and the future 
charges for keeping such bridge or crossing and the ap- 
proaches thereto in repair, as well as the costs of the appU- 
cation to the county commissioners, or the department, and 
of the hearing before said commission ; and it may apportion 
all such charges, expenses and costs between the railroad 
corporation, the railway company having tracks on said way, 
and the counties, cities or towns where said crossing is situ- 
ated and other cities and towns which may be specially bene- 
fited; provided, that the parties in interest may waive the 
appointment of the commission and determine the foregoing 
by written agreement to be filed in the proceeding. If a 
railway company is authorized to lay and use tracks upon 
any bridge in a highway built, repaired or altered as above 
provided for, or the approaches to which are altered or im- 



236 Acts, 1953. — Chaps. 333, 334, 335. 

proved as above provided for, the said commission shall de- 
termine what part of the charges and expenses of making 
such changes or improvements, or of keeping such bridge or 
crossing and approaches in good condition, shall be paid by 
said railway company. They may further order the corpora- 
tion to give security, as provided in section one hundred, for 
the faithful performance of the requirements of the decree 
and for the indemnity of the city or town upon a failure in 
such performance. Approved May 1, 1953. 

Chap.SSS An Act relative to the granting of administration to 

PUBLIC ADMINISTRATORS. 

Be it enacted, etc., as follows: 

Edo.'mT' Chapter 194 of the General Laws is hereby amended by 

new'§ 5a', inserting after section 5 the following section: — Section 5 A. 

Tinfe when Administration shall not be granted to a public adminis- 

pubiic trator until after the expiration of ten days from the date of 

tion may be death. Approvcd May 5, 195S. 

granted. 

C/iap. 334 An Act relative to the withdrawal of towns from 

SCHOOL SUPERINTENDENCY UNIONS. 

Be it enacted, etc., as follows: 

g^L.^Ter. Chapter 71 of the General Laws is hereby amended by 

§ 61,' etc., striking out section 61, as most recently amended by chapter 

amended. jQg ^^ ^^ie acts of 1952, and inserting in place thereof the 

Withdrawal following sectiou : — Section 61. The school committees of 

from'^chooi two or more towns, each having a valuation less than two 

ency""nfont miUiou fivc hundred thousand dollars, and having an aggre- 

reguiated. gate maximum of seventy-five, and an aggregate minimum 

of twenty-five, schools, and the committees of four or more 

such towns, having said maximum but irrespective of said 

minimum, shall form a union for employing a superintendent 

of schools. A town whose valuation exceeds said amount 

may participate in such a union but otherwise subject to 

this section. Such a union shall not be dissolved except by 

vote of the school committees representing a majority of the 

participating towns with the consent of the department, 

nor by reason of any change in valuation or the number of 

schools. Approved May 5, 1953. 

Chap.SSb An Act authorizing the city of lawrence to estab 

LISH A BOARD OF TRUSTEES OF THE LAWRENCE MUNICI- 
PAL hospital and INFIRMARY, DEFINING THEIR POWERS 
AND DUTIES, AND FURTHER DEFINING THE POWERS AND 
DUTIES OF THE DEPARTMENT OF PUBLIC HEALTH AND 
CHARITIES. 

Be it enacted, etc., as follows: 

Section 1. Part II of chapter 621 of the acts of 1911 is 
hereby amended by striking out section 38 and inserting in 
place thereof the following section : — Section 38. There 



Acts, 1953. —Chap. 335. 237 

shall be the following administrative officers who shall per- 
form the duties prescribed by law for them, respectively, 
and such further duties, not inconsistent with the nature of 
their respective offices, and with general law, as the city 
council may prescribe, except as is otherwise provided herein : 
a city clerk, a city treasurer, a collector of taxes, a city 
auditor, a purchasing agent, a board of overseers of the poor 
consisting of five persons, a city engineer, a city physician, 
a board of health consisting of three persons, of whom the 
city physician shall be one, a city solicitor, a board of park 
commissioners consisting of five persons, a board of sinking 
fund commissioners consisting of three persons, a board of 
assessors consisting of three persons, a board of trustees of 
the public hbrary consisting of nine persons, as provided in 
section twenty-eight of this chapter, a board of cemetery 
directors consisting of five persons as hereinafter provided, 
and a board of trustees of the Lawrence municipal hospital 
and infirmary consisting of seven persons, as provided in 
section thirty-nine A. The mayor shall be, ex officio, chair- 
man and a member of the board of overseers of the poor. 

Section 2. Part II of said chapter 621 is hereby further 
amended by inserting after section 39 the two following 
sections: — Section 89 A. The board of trustees of the 
Lawrence municipal hospital and infirmary shall consist of 
seven persons of whom the mayor and the director of pubHc 
health and charities shall be members ex officiis, and five, 
who shall be citizens and residents of Lawrence and not 
members of the city council, shall be elected by the city 
council. Each elective member shall serve for a term of five 
years and until the quaHfication of his successor. The elect- 
ed members of said board of trustees shall at all times be sub- 
ject to removal for cause as provided in section forty-four. 

Whenever any vacancy shall occur in said board of trus- 
tees by death, resignation or otherwise, said vacancy shall 
be filled in the manner aforesaid by the election of a member, 
qualified as aforesaid, to serve for the remainder of the un- 
expired term. No member of said board of trustees shall 
receive any compensation for his services as such trustee. 
The board of trustees first estabUshed hereunder shall or- 
ganize and assiune the management and control of said 
hospital and infirmary forthwith upon their qualification. 

Section 393. Said board of trustees shall have the general 
management and control of said hospital and infirmary and 
of all branches thereof, which have been or which may here- 
after be estabUshed, together with the buildings and rooms 
containing the same, and the fixtures and furniture con- 
nected therewith, and also of the expenditure of the money 
appropriated therefor. Said board of trustees maj'- appoint 
a hospital administrator with such assistants and subordinate 
officers as they may deem necessary or expedient, and may 
remove the same, and fix their compensation; and for said 
purposes may expend such sums as may be appropriated 
therefor by the city council. 



238 Acts, 1953. — Chap. 336. 

Section 3. Section 40 of Part II of said chapter 621 is 
hereby amended by striking out the sixth paragraph and 
inserting in place thereof the following paragraph : — 

The department of public health and charities shall include 
the following sub-departments and all boards and offices 
connected therewith, to wit: health, city physician and poor. 

Section 4. Of the five members initially elected to said 
board of trustees by the city council, as provided in section 
two of this act, one shall serve until the first Monday of 
February, nineteen hundred and fifty-four, one until the 
first Mondaj'^ of February, nineteen hundred and fifty-five, 
one until the first Monday of February, nineteen hundred 
and fifty-six, one until the first Monday of February, nine- 
teen hundred and fifty-seven, and one until the first Monday 
of February, nineteen hundred and fifty-eight, and each 
shall serve until the qualification of his successor. 

Section 5. The persons employed under the provisions 
of chapter thirty-one of the General Laws in the Lawrence 
municipal hospital and infirmary on the effective date of 
this act shall continue to serve in said hospital ^\dthout im- 
pairment of their civil service status, and shall retain all 
present rights now given them under said chapter thirty- 
one, and such employees shall retain any step increases from 
the minimum pay of their grade earned during their service 
with said hospital, and for retirement purposes their service 
with said hospital shall be deemed to be continuous. 

Section 6. This act shall take full effect upon its accept- 
ance during the current year b^^^ote of the city council of 
the city of Lawrence, subject to tne provisions of its charter, 
but not otherwise. Approved May 5, 1953. 



Chap.SSQ An Act relative to sick leave for the members op 
the police department of the city of malden. 

Be it enacted, etc., as follows. • 

Section L In cases where personal illness is not at- 
tributed to or caused by the discharge of duty, sick leave 
with pay shall be granted to members of the police depart- 
ment of the city of Maiden when they are incapacitated for 
the performance of their duties by personal illness, or ex- 
posure to a contagious disease, and the fact of personal ill- 
ness in excess of two days' duration or injury is certified to 
by a reputable physician approved by the police commis- 
sioner and the cause thereof specified, for a period not 
exceeding thirty working days annually beginning January 
first, in the year nineteen hundred and fifty-three. In com- 
puting sick leave, regularly scheduled days off shall not be 
included as working days. 

Section 2. Sick leave not used in the year nineteen hun- 
dred and fifty-three and thereafter shall be accumulated for 
three years of employment but in no case shall said accu- 
mulated leave exceed the unused portion in the most recent 



Chap.3d7 



Acts, 1953. — Chaps. 337, 338. 239 

three years of employment, nor a total of more than seventy- 
five days. 

Section 3. This act shall take full effect upon its ac- 
ceptance by the city council of the city of Maiden, subject 
to the provisions of its charter. Approved May 5, 1953. 

An Act relative to the compensation of the chief 
of police in the town of hatfield. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section ninety-one of 
chapter thirty-two of the General Laws, Edward J. Ma- 
jeskey, a former member of the uniformed division of state 
poUce, and present chief of pohce in the town of Hatfield, 
may receive, in addition to his retirement allowance as such, 
a salary as such chief of police from March first, nineteen 
hundred and fifty, the date of his appointment to said oflBce; 
provided, that the combined salary and retirement allowance 
shall not exceed in any one year an amount equal to the an- 
nual compensation received by him for the year next prior 
to his retirement as a member of said state police. 

Approved May 5, 1953. 

An Act providing for the recording of attachments C hap. SSS 

AND levies of EXECUTION. 

Be it enacted, etc., as follows: 

Section 1. Chapter 223 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 65, as appearing in the Ter- f^^'^ Amended 
centenary Edition, and inserting in place thereof the follow- 
ing section : — Section 65. The register of deeds shall note Recording of 
on such copy the day, hour and minute of its receipt, and anlle^la"*^ 
shall record it in his office. He shall also enter in the indexes of execution, 
provided for in chapter thirtj^-six the name or names of each 
defendant whose land is attached as appears in said copy, 
the name of the plaintiff, the time when the attachment was 
made, the time the copy was recorded, the court where the 
same is returnable, the return date, and the name of the 
attorney for the plaintiff. The recording fees may be taxed 
as a part of the plaintiff's costs. 

Section 2. Section 114A of said chapter 223, inserted g. l. (Ter. 
by section 1 of chapter 339 of the acts of 1945, is hereby f iHlfetc. 
amended by striking out the last sentence and inserting in amended. 
place thereof the followdng sentence: — The register shall Duty of 
record every such written request in his office and shall be '■®^^*^^- 
entitled to the same fee for bringing forward each such at- 
tachment upon the books where such attachments are re- 
corded as for the original entry thereof in such books. 

Section 3. Said chapter 223 is hereby amended by g. l. (Ter. 
striking out section 132, as appearing in the Tercentenary f 132,^^^" 
Edition, and inserting in place thereof the following sec- amended. 
tion: — Section 132. An attachment of real estate shall be Dissolution of 
dissolved by a release signed and acknowledged by the plain- attichment, 
tiff or by his executor, administrator or attorney of record regulated. 



240 



Acts, 1953. — Chap. 339. 



and recorded in the registry of deeds, or by a certificate from 
the clerk of court in which the action was pending that the 
attachment has been dissolved or that the action has finally 
been determined. Such a release describing sufficiently for 
identification any particular parcels of real estate shall dis- 
solve an attachment in so far as it may affect the particular 
parcels described. The aforesaid releases, certificates of 
court and partial releases, shall be recorded in the registry 
of deeds in the county or district where a certified copy of 
the original return of attachments is filed or recorded as 
required by section sixty-three. 

Section 4. Chapter 236 of the General Laws is hereby 
amended by striking out section 5, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the fol- 
lowing section : — Section 5. The register shall note on 
every such copy the day, hour and minute when received, 
and record it in his office. He shall enter in the indexes pro- 
vided for in chapter thirty-six the name or names of the 
plaintiff and defendant as stated in the copy, the time when 
execution was levied, the time the copy was recorded and 
the court that issued the execution. 

Section 5. Relative to any attachment filed prior to 
July first, nineteen hundred and fifty-three, each register 
of deeds shall, in the case of a written request to bring for- 
ward such attachment, as provided in section one hundred 
and fourteen A of chapter two hundred and twenty-three 
of the General Laws, and in the case of a dissolution of an 
attachment, as provided in section one hundred and thirty- 
two of said chapter two hundred and twenty-three, make an 
appropriate entry opposite the attachment referred to on 
the margin of the attachment book kept for that purpose, 
and relative to attachments recorded on or after said date, 
he shall make an appropriate entry on the margin of the 
record book wherein such attachment is recorded. 
Effective date. SECTION 6. This act shall take effect on July first, nine- 
teen hundred and fifty-three. Approved May 6, 1953. 



G. L. (Ter. 
Ed.). 236. § 5, 
amended. 



Duty of 
register. 



Entry to be 
made on 
margin of 
attachment 
book. 



C/iap. 339 An Act relative to the suspension of certificates of 

REGISTRATION IN CERTAIN CASES OF NON-PAYMENT OF 
EXCISES ASSESSED ON REGISTERED MOTOR VEHICLES AND 
TRAILERS. 



Emergency 
preamble. 



G. L. (Tei-. 
Ed.), 60A, 
§ 2 A, etc.. 
amended. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is, in part, to make effective forth- 
with a modification which current conditions make necessary 
in one of the remedies provided by law for the collection of 
excises assessed on registered motor vehicles and trailers, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the pubUc con- 
venience. 

Be it enacted, etc., as follows: 

Section L Chapter 60 A of the General Laws is hereby 
amended by striking out section 2A, as most recently 



Acts, 1953. — Chap. 339. 241 

amended by chapter 443 of the acts of 1945, and inserting 
in place thereof the following section: — Section 2 A. If an suspension 
excise assessed under this chapter remains unpaid for four- Cf rl^'sfrTuon 
teen days after a demand therefor made not less than thirty ^o"" "°o- 
days after such excise becomes due and payable, the local exaSs° 
tax collector or the commissioner, as the case may be, may ''•'suiated. 
at any time and from time to time, in the calendar year to 
which such excise relates or in the next calendar year, trans- 
mit to the registrar of motor vehicles, hereinafter in this sec- 
tion called the registrar, upon a form approved by the com- 
missioner, a notice of such non-payment, specifying the 
name and address of the person to whom the excise is as- 
sessed, the amount of the excise due and such information 
as to the motor vehicle or trailer assessed as was transmitted 
by the registrar to the commissioner under section two; 
provided, however, that no notice shall be transmitted to 
the registrar under this section at a time when there is pend- 
ing before the local board of assessors or the commissioner, 
as the case may be, a duly filed application for the abatement 
of such excise in whole or in part nor within thirty days after 
action upon any such apphcation by the local board of as- 
sessors or the commissioner, as the case may be. If at the 
time any such notice is received it appears from the records 
of the registrar that one or more motor vehicles or trailers 
are then registered in the name of the person to whom the 
excise is assessed, the registrar shall forthwith give him 
written notice by mail directed to his last known address 
that the certificates of registration of all such motor vehicles 
and trailers will be suspended at the expiration of thirty 
days from the date of mailing such notice unless within said 
thirty days there is filed with the registrar, together with a 
filing fee of one dollar, evidence satisfactory to him that the 
excise, and all interest thereon and costs relative thereto, 
have been paid or legally abated. Unless such evidence is 
so filed with the registrar, he shall forthwith suspend the 
certificates of registration of all such motor vehicles and 
trailers, and shall not terminate any such suspension nor 
renew nor issue any certificate of registration for the person 
to whom such excise is assessed until such evidence shall 
have been filed with him and such fifing fee paid. The fact 
that a motor vehicle or trailer is being operated during any 
such suspension of its certificate of registration shall not be 
held to constitute such motor vehicle or trailer a trespasser 
upon the highways. 

Section 2. This act shall apply only to an excise assessed 
for the privilege of registering a motor vehicle or trailer in 
the calendar year nineteen hundred and fifty-two or in a 
subsequent calendar year. Approved May 6, 1953. 



242 



Acts, 1953. — Chaps. 340, 341, 342. 



Chap.S4tO An Act relative to the board of trustees of the 

METROPOLITAN TRANSIT AUTHORITY. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 544 of the acts of 1947 
is hereby amended by striking out the third sentence, as 
amended by section lA of chapter 197 of the acts of the 
current year, and inserting in place thereof the following 
sentence : — They shall not be in the employ of, or own any 
stock in, or be in any way, directly or indirectly, pecuniarily 
interested in, any gas or electric company, bus or street 
railway company. 

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

Approved May 6, 1953. 



Chap. 34:1 An Act relative to the compensation of certain pro- 
bation OFFICERS IN THE BOSTON JUVENILE COURT AND 
IN DISTRICT COURTS IN SUFFOLK COUNTY OTHER THAN THE 
MUNICIPAL COURT OF THE CITY OF BOSTON. 



Emergency 
preamble. 



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



Salaries of 
certain 
probation 
officers. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make its provisions effective 
forthwith, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the pubUc 
convenience. 

Be it enacted, etc., as follows: 

The first paragraph of section 83 of chapter 276 of the 
General Laws is hereby amended by striking out the last 
sentence, as appearing in section 1 of chapter 774 of the acts 
of 1951, and inserting in place thereof the following sentence: 
— In the Boston juvenile court and in every district court 
in Suffolk county, other than the municipal court of the city 
of Boston, every probation officer except any chief probation 
officer and any assistant chief probation officer shall receive 
upon appointment an annual salary of three thousand dol- 
lars or such higher annual salary, not exceeding fifty-two 
hundred dollars, as, because of his years of similar service 
in allied fields, the mayor of Boston with the approval of the 
justices of the court may determine, and annually thereafter, 
upon the anniversary of his appointment, shall receive an 
increase of two hundred dollars until a maximum annual 
salary of fifty-two hundred dollars shall have been reached. 

Approved May 6, 1953. 



Chap.S4:2 An Act authorizing certain officers, boards or com- 
mittees OF cities and TowrNS TO examine certain 

WELFARE RECORDS. 

Be it enacted, etc., as follows: 
G.L.(Ter. Sectiou 17A of chapter 66 of the General Laws, as most 

§ 17A, etc.. recently amended by chapter 525 of the acts of 1948, is 
amended. hereby further amended by striking out, in Unes 8 and 9, 



Acts, 1953. — Chaps. 343, 344, 345. 243 

the words "and representatives of the federal government" 
and inserting in place thereof the words : — representatives Examination 
of the federal government and officers, boards or committees weff^re "' 
of cities and towns responsible for the preparation of annual ^y^ji^^rized 
budgets for such public assistance, the making of recom- 
mendations relative to such budgets, or the approval or 
authorization of payments for such assistance. 

Approved May 6, 1953. 

An Act providing for the initiative and referendum C/?.ai).343 

FOR the city of HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of chapter 
four hundred and thirty-eight of the acts of eighteen hundred 
and ninety-six, the provisions of sections thirty-seven to 
forty-four, inclusive, of chapter forty-three of the General 
Laws shall apply to the city of Holyoke. 

Section 2. This act shall be submitted for acceptance 
to the qualified voters of the city of Holyoke at its biennial 
municipal election in the current year in the form of the 
following question, which shall be placed upon the official 
ballot to be used at said election: — "Shall an act passed 
by the General Court in the year nineteen hundred and fifty- 
three, entitled 'An Act providing for the initiative and refer- 
endum for the city of Holyoke', be accepted by this city?" 
If a majority of the voters voting thereon vote in the affirm- 
ative in answer to said question, then this act shall take full 
effect, but not otherwise. Approved May 6, 1953. 

An Act establishing a fee for furnishing a certificate C/mp.344 

FOR DISSOLVING A LIEN FOR A BETTERMENT ASSESSMENT. 

Be it enacted, etc., as follows: 

Section 12 of chapter 80 of the General Laws, as most ej^JJ*«i2 
recently amended by chapter 116 of the acts of 1947, is etc., 'amended'. 
hereby further amended by adding at the end the following 
sentence : — The collector of taxes shall charge two dollars Fee. 
for each certificate so issued, and the money so received shall 
be paid into the town treasury. Approved May 6, 1953, 

An Act relative to the tenure of office of the city Chav.S4:5 

PLANNER IN THE CITY OF REVERE. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of the present incumbent 
of the office of city planner in the city of Revere shall be 
unlimited during good behavior. 

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

Approved May 6, 1953. 



244 Acts, 1953. — Chaps. 346, 347. 



C hap, S4i6 An Act relative to granting vacations to employees 

WHO RETURN TO THE SERVICE OF CERTAIN COUNTIES, 
CITIES OR TOWNS AFTER SERVING IN THE ARMED FORCES 
OF THE UNITED STATES DURING THE PERIOD OF THE HOS- 
TILITIES IN KOREA. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law, any person 
who shall have become separated from the employment of 
any county, city or town in which this act is accepted by the 
county commissioners, mayor and city council or selectmen, 
as the case may be, for the purpose of serving in the armed 
forces of the United States during the period from the twenty- 
fifth day of June, nineteen hundred and fifty, which date 
shall, for the purposes of this act, be deemed to mark the 
commencement of the hostilities in Korea, to the date of 
cessation of said hostihties as determined by an act of con- 
gress or by presidential proclamation, and shall have returned 
to the employment of such county, city or town after an 
honorable discharge from service in said armed forces, shall, 
for the purpose of being granted a vacation with pay, be en- 
titled to have the time of his said service counted as time 
actually worked in the employ of such county, city or town 
if he is not otherwise eUgible to such vacation because he 
had not actually worked for a sufficient time ; provided, that 
said service shall be so counted only with respect to the vaca- 
tion of such person in the year of his return, and in the year 
next following if his vacation therein is based on time worked 
in the previous year. Approved May 6, 1953. 

Chap. 3^7 An Act providing that a television set be considered 

A part of THE HOUSEHOLD FURNITURE EXEMPT FROM 

taxation. 

Be it enacted, etc., as follows: 

Ed^M^'s Clause Twentieth of section 5 of chapter 59 of the Gen- 
etc!. 'amended, eral Laws, as most recently amended by section 1 of chap- 
ter 640 of the acts of 1951, is hereby further amended by in- 
serting after the word "radios" in fine 7 the words: — 
, television sets, — so as to read as follows : — 
™8!'^x'e°mpt Twentieth, The wearing apparel, farming utensils and 

from cash on hand of every person and the tools of his trade if a 

mechanic, to any amount; and to an amount not exceeding 
a total value of five thousand dollars in respect to all the 
articles hereinafter specified in this clause, his household 
furniture and effects, including jewelry, plate, works of art, 
musical instruments, radios, television sets and garage or 
stable accessories, in storage in a pubUc warehouse kept and 
maintained under chapter one hundred and five or used or 
commonly kept in or about the dwelling of which he is the 
owner of record or for the use of which he is obhgated to 
pay rent, and which is the place of his domicile, and boats, 



taxation. 



Acts, 1953. — Chap. 348. 246 

fishing gear and nets owned and actually used by him in the 
prosecution of his business if engaged exclusively in com- 
mercial fishing; provided, that in the case of household 
furniture and effects the combined exemption of husband 
and wife shall not exceed five thousand dollars; provided, 
that failure to comply with the provisions of sections twenty- 
nine and sixty-one relative to the filing of a list of his per- 
sonal estate with the assessors shall not be a bar to an abate- 
ment of the tax. if any, imposed upon such personal estate. 

Approved May 6, 195S. 

An Act relative to regulating fees to be charged by C/2a».348 

THE LAND COURT AND REGISTRIES OF DEEDS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 262 of the General Laws is hereby S-,V-^L*^ 
amended by striking out section 38, as most recently amended § 38.' etc..' 
by chapter 179 of the acts of 1951, and inserting in place '''"f'^'^e^- 
thereof the following section : — Section 38. The fees of ^^*'- 
registers of deeds, except as otherwise provided, to be paid 
when the instrument is left for recording, filing or deposit, 
shall be as follows: — 

For entering and recording any paper, certifying the same 
on the original, and indexing it, and for all other duties per- 
taining thereto, except when a marginal reference or refer- 
ences are required, two dollars. If the paper contains more 
than one page, at the rate of eighty cents for each page after 
the first; provided, that if the paper contains the names of 
more than two parties thereto, other than the husband and 
wife of the grantor or grantee, an additional fee of twenty-five 
cents each shall be charged for indexing the names of addi- 
tional grantors or grantees or other parties thereto. The 
minimum fee for recording a deed or conveyance or a mort- 
gage shall be five dollars. 

For all copies except photostat copies, at the rate of sixty 
cents a legal page of two hundred and twenty-four words. 
For photostat copies of all instruments, except copies of 
plans, at the rate of forty cents a page. 

For each abstract card referred to in section twenty-four B 
of chapter thirty-six, forty cents. 

For recording and filing a plan, of a size not over fourteen 
inches by nine and a half inches, one dollar and fifty cents. 
For larger sizes, not less than three dollars. 

For entering any marginal references when required, 
twenty-five cents. 

Section 2. Said chapter 262 is hereby further amended Ed.V,"2627' 
by striking out section 39, as most recently amended by § 39.' etc..' 
chapter 589 of the acts of 1950, and inserting in place thereof '''"''"'*^'^- 
the following section : — Section 39. The fees payable under Fees, 
chapter one hundred and eighty-five shall be as follows : — 

For the entry of every original petition or writ and trans- 
mitting it to the recorder, when filed with an assistant re- 
corder, five dollars. 



246 Acts, 1953. — Chap. 348. 

For every plan filed in an original proceeding, one dollar, 
and for every new plan filed after original registration, or 
for making a new plan filed after original registration, or 
for making a new plan on request of a registered owner, ten 
dollars plus one dollar for each lot shown on said plan. The 
filing fee in a registry of deeds upon receipt from the recorder 
of the land court of a plan or copy of a plan shall be two 
dollars. 

For indexing an instrument recorded while a petition for 
registration is pending, twenty-five cents. 

For examining title, on a petition to register land, or on a 
petition to register easements or rights in land, the actual 
amount charged or allowed therefor to the examiner by the 
court. 
» For each notice by mail, fifty cents and the actual cost of 

printing. 

For all services by a sheriff or deputy sheriff under pro- 
visions of chapter one hundred and eighty-five, the same 
fees as are provided by law for hke services. 

For each notice by publication, fifty cents and the actual 
cost of publication. 

For entry of an order dismissing a petition for registration 
of title, or for foreclosure of a tax title, or a decree of fore- 
closure of a tax title or of redemption, and sending a memo- 
randum to the assistant recorder, two dollars. 

For entry of a decree of registration and sending a memo- 
randum to the assistant recorder, one quarter of one per 
cent of the assessed value of the property registered, on the 
basis of the last assessment for municipal taxation, in addition 
to any sum payable under section ninety-nine of chapter 
one hundred and eighty-five, but in no one proceeding shall 
the amount payable under this paragraph be less than ten 
nor more than one thousand dollars. 

For a copy of a decree of registration, foreclosure or re- 
demption, two dollars. 

For the entry of an original certificate of title issuing one 
duplicate, five dollars. 

For making and entering a new certificate of title, includ- 
ing issue of one duplicate, three dollars. 

For filing and registering an adverse claim, three dollars. 

For fifing and registering a mortgage, five dollars. 

For entering statement of change of residence or post- 
office address, including endorsing and attesting it on a 
duplicate certificate, one dollar. 

For entering any note in the entry book or in the registra- 
tion book, one dollar. 

For every petition after the original registration, two dol- 
lars. 

For a certified copy of any decree or registered instrument, 
the same fees as are provided for registers of deeds. 

For the registration of all other instruments, whether single 
or in dupficate or triphcate, including entering, indexing and 
filing it and attesting the registration thereof, and also mak- 



Acts, 1953. — Chaps. 349, 350. 247 

ing and attesting a copy of memorandum on one instrument 
or a duplicate certificate when required, two dollars. 

Approved May 6, 1953. 

An Act further regulating the licensing of dealers Qhnr) 349 
IN second hand motor vehicles in the city of boston. ^' 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, in the city of Boston no license, other than a re- 
newal license, for dealing in second hand motor vehicles shall 
be granted, under section fifty-nine of chapter one hundred 
and forty of the General Laws, to a person within Class 2, 
as defined in section fifty-eight of said chapter one hundred 
and forty, except with the approval of the board of street 
commissioners after a hearing of which seven days' notice 
shall have been given to owners of property abutting on the 
premises where such license is proposed to be exercised. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
the city of Boston, subject to the provisions of its charter, 
but not otherwise. Approved May 6, 1953. 



An Act defining "licensed practical nurse" and (JfiQ/n 350 
changing the designation of attendant nurse or 
licensed attendant to licensed practical nurse. 

Be it enacted, etc., as follow s: 

Section 1. Section 13 of chapter 13 of the General Laws, g. l. (Ter. 
as appearing in section 2 of chapter 620 of the acts of 1941, f is.'it^c'., 
is hereby further amended by striking out, in hne 13, the amended. 
word "attendants" and inserting in place thereof the words: 
— practical nurses, — so as to read as follows: — Section IS. Board of 
There shall be a board of registration in nursing, in this [nTursIng" 
section and in sections fourteen to fifteen D, inclusive, called membership. 
the board, consisting of seven members, of whom one shall 
be the secretary of the board of registration in medicine, 
ex ofl&cio. Four members shall be nurses, each of whom shall 
be a graduate of a different school for nurses and shall have 
been registered in the commonwealth at least eight years 
prior to his appointment. Of such nurses, at least one shall 
be at the time of his appointment a member of the faculty 
of an approved school for nurses and at least one shall be at 
the time of his appointment a member of the faculty of an 
approved school for practical nurses. Two members of the 
board shall be qualified physicians, each of whom shall have 
been registered in the commonwealth at least eight years 
prior to his appointment. Of the six appointive members, 
one qualified in accordance with this section shall annually 
before October first be appointed by the governor, with the 
advice and consent of the council, to hold oflace for six years 
from said October first. 



248 



Acts, 1953. — Chap. 350. 



G. L. (Ter. 
Ed.). 13. 
§ 14A, etc.. 
ameaded. 



Registrar. 



G. L. (Ter. 
Ed.), 13. 
§ 15A. etc., 
amended. 



Appro\-ing 

authority for 

nursing 

schools, 

membership. 

qualification.s. 



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



Applications 
for registration 
as practical 
nurse, 
regulated. 



Section 2. Section 14A of said chapter 13, as so appear- 
ing, is hereby further amended bj'' striking out, in lines 2, 8 
and 10, the word "attendants" and inserting in place thereof, 
in each instance, the words : — practical nurses, — so as to 
read as follows: — Section 14A. There shall be an assistant 
to the secretary of the board, called the registrar of nurses 
and practical nurses, who shall have been a registered nurse 
for at least five years prior to his appointment and who, 
subject to chapter thirty-onQ, shall be appointed by the 
director of registration, with the approval of the board. 
Said registrar shall be under the supervision of said secretary, 
shall have charge of the re-registration of nurses and the 
re-Ucensing of practical nurses and shall perform such other 
duties in connection with the registration of nurses and 
licensing of practical nurses as he may direct. 

Section 3. Said chapter 13 is hereby further amended 
by striking out section 15A, as most recently amended by 
section 19 of chapter 585 of the acts of 1952, and inserting in 
place thereof the following section: — Section 15 A. There 
shall be an approving authority for schools for nurses and 
schools for practical nurses, in this section and sections fif- 
teen B, fifteen C and fifteen D referred to as the approving 
authority, consisting of six members, of whom one shall be 
the secretary of the board of registration in medicine, one 
shall be a member of the board of. registration in nursing 
who is a nurse and a member of the faculty of an approved 
school for nurses, one shall be a member of said last men- 
tioned board who is a nurse and a member of the faculty of 
an approved school for practical nurses, all of said members 
to be designated by the governor from time to time, and 
three shall be appointed by the governor, with the advice 
and consent of the council, each to serve until the expiration 
of six years from the termination of the term of his predeces- 
sor. Said appointive members shall at the time of their 
appointment be respectively quaUfied as follows : — One shall 
be a trustee of a charitable hospital having an approved 
school for nurses or an approved school for practical nurses, 
one shall be a quahfied phj'^sician who shall have been for 
at least eight years actively engaged in the practice of his 
profession and one shall be a superintendent or an assistant 
superintendent of a hospital having an approved school for 
nurses or an approved school for practical nurses. 

Section 4. The third sentence of section 74 of chapter 
112 of the General Laws, as amended by chapter 108 of the 
acts of 1948, is hereby further amended by striking out, in 
fine 5, the word "attendants" and inserting in place thereof 
the words : — practical nurses, — so as to read as follows : — 
An applicant who furnishes satisfactory proof that he is at 
least twenty, of good moral character and a graduate of a 
school for nurses approved by the approving authority for 
schools for nurses and schools for practical nurses established 
bj'^ section fifteen A of chapter thirteen, in this section and 
in sections seventy-four A, seventy-five and eighty-one A 



Acts, 1953. — Chap. 350. 249 

to eighty-one C, inclusive, referred to as the approving au- 
thority, shall, upon payment of five dollars, be examined by 
the board, and, if found quaUfied, shall be registered, with a 
right to use the title registered nurse and to practice as such, 
and shall receive a certificate thereof from the board, signed 
by its chairman and secretary. 

Section 5. Said chapter 112 is hereby further amended EdV'112^^' 
by striking out section 74A, as amended by chapter 87 of § 74a. etc., 
the acts of 1951, and inserting in place thereof the following '*'"^"'^^'^- 
section: — Section 74 A. The board shall hold examinations Examinations 
for the licensing of practical nurses at such times and places o'fVrlftfcaf '°° 
as it shall determine. Applications for hcenses as practical """«■« 
nurses, signed and sworn to by the applicants, shall be made 
on blanks furnished by the board. An applicant who fur- Application, 
nishes satisfactory proof that he is at least nineteen years fe^l'etc*''"^' 
of age, of good moral character and a graduate of a school 
for practical nurses approved by the approving authority 
shall, upon payment of five dollars, be examined by the Licenses, fees, 
board and, if found qualified, shall be licensed, with a right 
to use the title licensed practical nurse and to practice as 
such, and shall receive a certificate thereof from the board, 
signed by its chairman and secretary. An applicant faihng Re-examina- 
to pass an examination satisfactory to the board shall be *'""'' 
entitled within one year thereafter, without the payment of 
an additional fee, to a re-examination at a meeting of the 
board called for the examination of applicants, but one such 
re-examination shall exhaust his privilege under his origi- 
nal application. Every person licensed hereunder who con- Renewal of 
tinues to hold himself out as a licensed practical nurse shall, '"tenses. 
on or before his birthday in each year, renew his license for 
the ensuing year by payment of one dollar to the board, and 
thereupon the board shall issue a certificate showing that 
the holder thereof is entitled to practice as a licensed practi- 
cal nurse for the period covered by said payment; provided, 
that, if a birthday of any person who shall be licensed here- 
under shall occur within three months after such original 
licensing, such person need not renew his hcense until the 
birthday next following the birthday aforesaid. In default 
of such renewal, a person licensed hereunder shall forfeit the 
right to practice as a licensed practical nurse or to hold him- 
self out as such until such fee shall have been paid. The 
board, after a hearing, by vote of a majority of its members, 
may annul the license and cancel the certificate of any prac- 
tical nurse who has been found guilty of a felony. 

Section 6. Said chapter 112 is hereby further amended %^\[J2''' 
by striking out section 74B, as appearing in section 3 of § 7'4i}, etc.. 
chapter 620 of the acts of 1941, and inserting in place thereof =^™'^"d«'^- 
the following section : — Section 74B. The board shall ex- Examination 
amine an applicant for registration as a nurse or for licensing reguia^ld. 
as a practical nurse who is an alien only if he presents to it 
a copy of his declaration of intention to become a citizen of 
the United States, certified by the clerk of the court in which 
it was filed, or a certificate from the Immigration and Natu- 



250 



Acts, 1953. — Chap. 350. 



G. L. (Ter. 
Ed.), 112, 
§ 75. etc.. 



Contents of 
examinations. 



G. L. (Ter. 
Ed.). 112, 
5 76. etc.. 
amended. 

Reciprocity 

between 

states in 

registering 

practical 

nurses. 



G. L. (Ter. 
Ed.). 112, 
§ 80A, etc., 
amended. 

Penalty for 
unlicensed 
practice. 



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



ralization Service of the United States, showing that, in ac- 
cordance with law, he has declared his intention to become 
such citizen. In case the applicant is subsequently regis- 
tered or licensed, unless, within five years following the filing 
of the copy or certificate hereinbefore referred to, he shall 
present to the board his completed naturalization papers 
showing that he is a citizen of the United States his certifi- 
cate of registration shall be revoked and his registration 
cancelled, or his license shall be revoked and cancelled, as 
the case may be. The board may make pertinent inquiries 
of any and all applicants for re-registration or re-hcensing 
for the purpose of determining the citizenship status of any 
nurse or practical nurse re-registered or re-hcensed under 
any provision of this chapter. 

Section 7. Said chapter 112 is hereby further amended 
by striking out section 75, as so appearing, and inserting in 
place thereof the following section : — Section 75. Exam- 
inations shall be wholly or in part in writing, in the English 
language, shall include the principles and practice of nurs- 
ing but shall be limited to such subjects as are included in 
the curriculum estabUshed by the appro\dng authority, shall 
be in content both reasonable and appropriate for nurses or 
for practical nurses, as the case may be, and shall be suffi- 
ciently thorough to test the appUcant's fitness to prac- 
tice. 

Section 8. Said chapter 112 is hereby further amended 
by striking out section 76, as so appearing, and inserting 
in place thereof the following section : — Section 76. The 
board may register or license in like manner, "without exam- 
ination, any person who has been registered as a nurse or 
licensed as a practical nurse, as the case may be, in another 
state under laws which, in the opinion of the board, main- 
tain standards substantially the same as those of this com- 
monwealth for nurses or for practical nurses, as the case 
may be. The fee for registration or licensing without exam- 
ination under this section shall be ten dollars. 

Section 9. Said chapter 112 is hereby further amended 
by striking out section 80A, as so appearing, and inserting 
in place thereof the follov^^ng section: — Section 80 A. Who- 
ever, not being lawfully authorized to practice as a licensed 
practical nurse within the commonwealth, practices or at- 
tempts to practice as a licensed practical nurse or uses the 
abbreviation L. P. N., or any other words, letters or figures 
to indicate that the person using the same is such a licensed 
practical nurse shall, except as provided in section sixty-five, 
be punished by a fine of not more than one hundred dollars. 
Whoever becomes or attempts to become licensed, or prac- 
tices or attempts to practice, as a licensed practical nurse 
under a false or assumed name shall be punished by a fine 
of not less than one hundred nor more than five hundred 
dollars or by imprisonment for three months, or both. 

Section 10. Said chapter 112 is hereby further amended 
by striking out section 81, as so appearing, and inserting in 



Acts, 1953. — Chap. 350. 251 

place thereof the following section: — Section 81. Sections section3 74- 
seventy-four to eighty A, inclusive, shall not apply to gratui- ^a1)'pii'c^ab1e 
tous nursing of the sick by friends or members of the family, ^°ta®'"**"' 
or to acts of any person nursing the sick for hire who does 
not assume to be either a registered nurse or a licensed 
practical nurse. 

Section 11. Said chapter 112 is hereby further amended Ed)'ii2'' 
by striking out section 81 A, as so appearing, and inserting § s'ia, etc., 
in place thereof the following section: — Section 81 A. The ^"^<^°<^«'^- 
approving authority shall upon the request of any school for oflSfs"!* 
nurses or for practical nurses in the commonwealth inspect requests, etc. 
said school and notify its trustees or other governing body 
if said school is approved for the purposes of section seventy- 
four or seventy-four A, as the case may be, and, if not, what 
steps said school should take in order to gain the approval of 
the approving authority. It shall from time to time inspect 
any school already approved and may withdraw its approval 
thereof. Said authority shall notify the trustees or other 
governing body of each school if it merits continuance of 
approval, and, if not, may specify what steps the school 
should take to receive continuance of approval. Said au- 
thority may make inspections by any of its members or by 
an agent or agents designated by it for the purpose, and no 
approval shall be withdrawn unless an inspection has been 
made. Any such trustees or other governing body aggrieved 
by an adverse decision of the approving authority shall, on 
petition, be given a hearing before said authority. 

Section 12. Said chapter 112 is hereby further amended g- l- (Ter. 
by striking out section 81B, as so appearing, and inserting isiB^etc.. 
in place thereof the following section:— Section 81 B. The ^'"ended. 
approving authority may approve, for the purposes of sec- ;'^choo°s?n°^ 
tion seventy-four or seventy-four A, any school for nurses other states. 
or for practical nurses, as the case may be, in another state 
which maintains standards substantially the same as those 
required for an approved school in this commonwealth, and 
which is approved by the approving authority for schools 
for nurses or for practical nurses, or corresponding body, of 
the state in which the school is situated. 

Section 13. Notwithstanding the provisions of this act 
any person who on the effective date of this act holds a li- 
cense as an attendant from the board of registration in 
nursing, may hold himself out as a licensed practical nurse, 
until such license expires. Thereafter, upon application for 
a renewal of such license, as provided in section seventy- 
four A of chapter one hundred and twelve of the General 
Laws, as in effect immediately prior to the effective date of 
this act, he shall be licensed by said board as a practical 
nurse without examination, and shall receive a certificate 
to that effect. 

Section 14. Notwithstanding any other provision of this 
act to the contrary, any person who was graduated from a 
school for attendants which, prior to the effective date of 
this act, was approved by the board of registration in nurs- 



252 



Acts, 1953. — Chaps. 351, 352. 



ing, may apply for and be licensed as a practical nurse as 
provided in section seventy-four A of chapter one hundred 
and twelve of the General Laws, as appearing in section five 
of this act. Approved May 6, 1953. 



Filing of 
certificates of 
condition of 
foreign 
corporations, 
regulated. 



Chap.S51 An Act relative to certificates of condition op foreign 

CORPORATIONS. 

Be it enacted, etc., as follows : 
G^L. (Ter. Section 12 of chapter 181 of the General Laws, as ap- 

§ 12,' amended, pearing in the Tercentenary Edition, is hereby amended by 
striking out, in hues 10 and 11, the words "a date not more 
than ninety days prior to" and inserting in place thereof 
the words: — the close of its last fiscal year next preceding 
the date fixed for, — so as to read as follows: — Section 12. 
Every foreign corporation, other than one which is required 
by section eleven of chapter one hundred and sixty-six to 
make annual returns to the department of pubhc utilities 
shall annually, within thirty days after the date fixed for 
its annual meeting, or ^^^thin thirty days after the final 
adjournment thereof, but not more than three months after 
the date so fixed for said meeting, prepare and file in the office 
of the state secretary, upon payment of the fee provided in 
section twenty-three, a certificate signed and sworn to by 
its president, treasurer, and by a majority of its board of 
directors, showing the amount of its authorized capital stock, 
and its assets and habilities as of the close of its last fiscal 
year next preceding the date fixed for said annual meeting, 
in such form as is required of domestic business corpora- 
tions under section forty-seven of chapter one hundred and 
fifty-six, and the changes, if any, in the other particulars 
included in the certificate required by section five of this 
chapter, made since the fifing of said certificate or of the 
last annual report. Approved May 6, 1953. 



Chap. S52 An Act providing for the transportation to special 

SCHOOLS OF CHILDREN AFFLICTED WITH CEREBRAL PALSY. 

Be it enacted, etc., as follow s: 

Section 46A of chapter 71 of the General Laws, as amended, 
is hereby further amended by inserting after the second 
paragraph, as appearing in chapter 357 of the acts of 1946, 
the following paragraph : — 

If a child of school age is afflicted with cerebral palsy and 
his parents or guardian send him to a special school within 
or without the town, the school committee of the town where 
the child resides shall provide transportation once each day 
to and from such school while the child is in attendance. 
The town providing transportation under this section shall 
be efigible for reimbursement under the provisions of sec- 
tion seven A; provided, however, that if such child does 
not attend the nearest special school the town shall be re- 



G. L. (Ter. 
Ed.), 71. 
§ 46A, etc.. 
amended. 



Transporta- 
tion of 

certain school 
pupils, 
authorized. 



Acts, 1953. — Chaps. 353, 354. 253 

imbursed under said section seven A only to the extent of 
the cost of transportation of such child to the nearest avail- 
able special school. Approved May 6, 1953. 

An Act ratifying and confirming the establishment QJi^j) 353 

OF THE NORTHERN WORCESTER COUNTY WELFARE DIS- 
TRICT. 

Be it enacted, etc., as follows: 

Section 1. The agreement made on March ninth, nine- 
teen hundred and fifty-three, between the towns of Temple- 
ton, Philhpston and Koyalston to form a pubUc welfare dis- 
trict, to be knowTi as the Northern Worcester County Wel- 
fare District, and the action and vote of the town of Temple- 
ton on October twenty-first, nineteen hundred and fifty-two, 
of the town of Phillipston on December ninth, nineteen 
hundred and fifty-two, and the to^vn of Royalston on March 
sixth, nineteen hundred and fifty-three, relative to the forma- 
tion of a pubUc welfare district, and all other proceedings or 
acts of said towns or of any board or officer of said towns or 
of any other person relative to the formation of said district, 
are hereby ratified and confirmed, and are declared binding 
and legal, and vahd as if such agreement and such votes 
and such proceedings had been accomplished prior to July 
first, nineteen hundred and fifty-two, and in full conformity 
with the provisions of section forty-four of chapter one hun- 
dred and seventeen of the General Laws. 

Section 2. This act shall take effect as of the first day of 
April, nineteen hundred and fifty-three. 

Approved May 8, 1953. 

An Act providing for the construction and improve- Chap. 354: 
ment by the department of public works of public 

ROADS IN state FORESTS, PARKS AND RESERVATIONS OUT- 
SIDE OF THE METROPOLITAN PARKS DISTRICT. 

Whereas, The deferred operation of this act would tend ^™ambi^*'^ 
to defeat its purpose, which is to provide forthwith for the *"^*^'° 
construction and improvement of certain roads by the de- 
partment of public works, 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. Section 13 of chapter 81 of the General Laws, g. l. (Ter. 
as amended by section 1 of chapter 563 of the acts of 1952, f is.'ltV.. 
is hereby further amended by inserting after the word "the", amended. 
in fine 11, the words: — construction, improvement and, — 
80 that the third sentence will read as follows: — As used in Construction 
this chapter, the term "state highways" includes such pub- ment"or°^^ 
lie roads in state forests, parks and reservations outside of certain roads, 



the metropoUtan parks district, as may from time to time be 
designated by the department and the commissioner of con- 



autho 



254 Acts, 1953. — Chaps. 355, 356. 

servation as roads for general public use and the construction, 
improvement and maintenance shall, subject to appropria- 
tion, be done by the department. 

Section 2. Section 2 of chapter 632 of the acts of 1952 
is hereby amended by striking out the wording in item 
2900-07 and inserting in place thereof the following: — 

Special : 
2900-07 For the construction, improvement and main- 
tenance by the department of public works 
of public roads in state forests, parks and 
reservations outside of the Metropolitan 
Parks districts, as authorized by chapter 
five hundred and sixty-three of the acts 
of nineteen hundred and fifty-two as 
amended. 

Approved May 8, 195S. 

Chap.S55 An Act providing in certain cases for the indemnifica- 
tion BY COUNTIES OF JAIL AND CORRECTION OFFICERS SUS- 
TAINING EXPENSES OR DAMAGES AS THE RESULT OF WILFUL 
ACTS OF INMATES. 

Be it enacted, etc., as follows: 
GjL. (Ter. Chapter 126 of the General Laws is hereby amended by 

new '§ 18A, inserting after section 18, as appearing in the Tercentenary 
added. Edition, the following section: — Section 18 A. If an officer 

oflaif and***'"" employed in a jail or house of correction of a county is not 
cOTrection determined by the county commissioners under section sixty- 
certafn ""^ nine of chapter one hundred and fifty-two to be included in 
c^Sed^by ^^^ terms laborers, workmen and mechanics as used in sec- 
inmatea. tious sixty-eight to seventy-five, inclusive, of said chapter, 

the county shall indemnify such officer, in such amount as 
determined by the county commissioners upon the recom- 
mendation of the sheriff of such county, for expenses or 
damages sustained by such officer, while acting as such ofii- 
cer, as the result of a wilful act of an inmate in such jail or 
house of correction. Such damages shall include loss of pay 
by reason of absence from duty on the part of such officer 
because of temporary incapacity caused by injury suffered 
through no fault of his own while in the actual performance 
of duty. If such officer be dead, such expenses or damages 
shall be payable to his widow, or, if he leaves no widow, 
then to his next of kin who, at the time of his death, were 
dependent upon his wages for support. 

Approved May 8, 1953. 

Chap.S5Q An Act relative to the holding of property by the 

UNIVERSITY OF MASSACHUSETTS BUILDING ASSOCIATION 
AND THE LEASING OF CERTAIN STATE LAND TO SAID COR- 
PORATION. 

Be it enacted, etc., as follows: 

Section 1. University of Massachusetts Building Asso- 
ciation, incorporated under the name of Massachusetts State 



Acts, 1953. — Chap. 357. 255 

College Building Association by section one of chapter three 
hundred and eighty-eight of the acts of nineteen hundred 
and thirty-nine, is hereby authorized to hold, for the pur- 
poses set forth in said chapter, real and personal estate to 
an amount not exceeding one milUon dollars, in addition to 
the amount of real and personal estate which may be held 
by said corporation under authority of said chapter and of 
chapter three hundred and ninety of the acts of nineteen 
hundred and forty-five and of chapter three hundred and 
fifty-two of the acts of nineteen hundred and forty-six, and 
of chapter one hundred and eighty-five of the acts of nineteen 
hundred and forty-eight, and of chapter four hundred and 
fourteen of the acts of nineteen hundred and Mty and of 
chapter two hundred and eleven of the acts of nineteen 
hundred and fifty-two. 

Section 2. The trustees of the University of Massachu- 
setts may, in the name of and for the commonwealth, lease 
to said corporation two acres of land in Amherst or Hadley 
owned by the commonwealth, for the erection and mainte- 
nance of dormitories, commons and other buildings for the 
use of said university or its students, faculty and staff. The 
land hereby authorized to be leased to said corporation shall 
be in addition to the aggregate land authorized to be leased 
pursuant to section six of said chapter three hundred and 
eighty-eight of the acts of nineteen hundred and thirty-nine 
and section two of chapter three hundred and ninety of the 
acts of nineteen hundred and forty-five and section two of 
chapter three hundred and fifty-two of the acts of nineteen 
hundred and forty-six and section two of chapter one hun- 
dred and eighty-five of the acts of nineteen hundred and 
forty-eight and section two of chapter four hundred and 
fourteen of the acts of nineteen hundred and fifty and section 
two of chapter two hundred and eleven of the acts of nineteen 
hundred and fifty-two; but nothing in this section shall be 
construed as limiting or restricting the powers conferred 
upon said trustees by said section six of said chapter three 
hundred and eighty-eight with respect to the leasing of lands 
by them to said corporation. Approved May 8, 1963. 

An Act establishing the kalmia woods water district Chap. 367 
IN the town of concord. 

Be it enacted, etc., as follows. • 

Section 1. The inhabitants of the town of Concord, 
hable to taxation in said town and residing within the terri- 
tory comprised within the following boundary lines, to wit : — 

A certain parcel of land in Concord as shown on "Plan of 
(onantum, Concord, Mass., dated April 16, 1951, Fred A, 
Joyce, Surveyor", recorded with Middlesex South Registry 
of Deeds, Book 7787, Page 136, and bounded and described 
according to said plan as follows: — 

Beginning at a point in the southwesterly corner on the 
easterly side of Garfield road : — Easterly, by land now or 



256 Acts, 1953. —Chap. 357. 

formerly of Thomas Mott Shaw by three lines two hundred 
eighty-one and seventy-eight one hundredths (281.78) 126.01 
and 104.00 feet, respectively; to a stone wall and continuing 
by said stone wall by two lines 88.00 feet and 154.83 feet, 
respectively; northeasterly, again by said stone wall by 
land now or formerly of said Thomas Mott Shaw by two 
lines 117.85 feet and 193.42 feet, respectively; easterly, 
again by land now or formerly of said Thomas Mott Shaw 
668.80 feet to a stone wall; northeasterly, again by land 
now or formerly of said Thomas Mott Shaw 149.06 feet along 
said stone wall; easterly, again by land now or formerly of 
said Thomas Mott Shaw by five lines 40.00 feet, 111.53 feet, 
179.50 feet, 99.77 feet and 158 feet plus or minus to the Sud- 
bury river; northwesterly, northerly and northwesterly by 
Sudbury river to the junction of the Sudbury road on the 
easterly side of said Sudbury road; southwesterly, on the 
easterly side of said Sudbury road by two lines 124.40 feet 
and 213.83 feet, respectively, crossing Heath's Bridge road 
50.73 feet according to said plan, and continuing by four (4) 
lines 190.06 feet, 62.75 feet, 98.06 feet and 29.19 feet, re- 
spectively, on the easterly side of said Sudbury road to land 
now or formerly of Henry Derby; southeasterly, by land 
now or formerly of said Henry Derby 22.25 feet; south- 
westerly, again by land now or formerly of said Henry Derby 
by two fines to stone wall 90.00 feet and 256.04 feet, re- 
spectively, and continuing along said stone wall 211.85 feet 
and 197.95 feet again by land now or formerly of said Henry 
Derby; southeasterly, by two lines 90.30 feet and 130.40 
feet, respectively, to a stone wall; southwesterly, again by 
land now or formerly of said Henry Derby 224.16 feet by 
said stone wall; southerly, again by land now or formerly 
of Henry Derby by six fines by said stone wall 94.70 feet, 
57.30 feet, 126.98 feet, 56.00 feet, 196.02 feet and 194.73 
feet, respectively, to right of way according to said plan; 
southerly, 30.02 feet across right of way to stone wall by 
land now or formerly of E. Bennett Beede and Hildreth W. 
Beede ; easterly, by land now or formerly of said E. Bennett 
Beede and Hildreth W. Beede 28.30 feet by said stone wall; 
southerly, again by land now or formerly of E. Bennett 
Beede and Hildreth W. Beede by said stone wall by nine 
lines: 117.31 feet, 45.47 feet, 43.00 feet, 115.18 feet, 57.04 
feet, 67.08 feet, 119.00 feet, 157.00 feet, 205.14 feet to stone 
wall on Holden Wood road, according to said plan ; westerly, 
again by land now or formerly of E. Bennett Beede and Hil- 
dreth W. Beede by stone wafi 347.31 feet to Garfield road; 
southeasterly, 84.47 feet across said Holden Wood road, ac- 
cording to said plan, and 274.03 feet on the easterly side of 
said Garfield road by land now or formerly of Putnam and 
Una R. King; northeasterly, again by land now or formerly 
of said Putnam and Una R. King 596.86 feet; southeasterly, 
again by land now or formerly of said Putnam and Una R. 
King 166.97 feet to stone wall, and continuing by said stone 
wall 224.65 feet; again by land now or formerly of said 



Acts, 1953. — Chap. 357. 257 

Putnam and Una R. King; southwesterly, by stone wall by 
two lines 230.00 feet and 98.18 feet, respectively; south- 
easterly, again by land now or formerly of said Putnam and 
Una R. King 27.74 feet, 18.68 feet, 37.05 feet to end of stone 
wall, according to said plan and continuing 67.75 feet by 
land of said Putnam and Una R. King; southwesterly, 
again by land now or formerly of said Putnam and Una R. 
King 775.29 feet to the easterly side of Garfield road; south- 
easterly, along the easterly side of said Garfield road by two 
lines 208.49 feet and 64.22 feet, respectively, to the Valley 
road, thence across the Valley road according to said plan 
and continuing according to said plan on the easterlv side 
of Garfield road by two lines 224.00 feet and 160.09 feet to 
the point of beginning, — shall constitute a water district 
and are hereby made a body corporate by the name of the 
Kalmia Woods Water District, hereinafter called the dis- 
trict, for the purpose of supplying themselves with water 
for the extinguishment of fires and for domestic and other 
purposes, with power to establish fountains and hydrants 
and to relocate and discontinue the same, to regulate the 
use of such water and to fix and collect rates to be paid 
therefor, and for the purposes of assessing and raising taxes 
as 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 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, 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 com- 
pany, or with any water district, for whatever water may be 
required, authority to furnish the same being hereby granted, 
and may take by eminent domain under chapter seventy-nine 
or chapter eighty A of the General Laws, or acquire by lease, 
purchase or otherwise, and hold, the waters, or any portion 
thereof, of any pond, spring or stream, or of any ground 
sources of supply by means of driven, artesian or other wells, 
within the town of Concord not already appropriated for 
the purposes of a public supply, and the water and flowage 
rights connected with any such water sources; and for said 
purposes may take as aforesaid, or acquire by purchase or 
otherwise, and hold, all lands, rights of way and other ease- 
ments necessary for collecting, storing, holding, processing, 
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 quality of the water shall be so taken or used 
without first obtaining the advice and approval of the de- 
partment of public health, and that the location and ar- 
rangement of all dams, reservoirs, springs, wells, pumping, 
purification and filtration plants and such other works as 



258 Acts, 1953. — Chap. 357. 

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, reser- 
voirs, standpipes, tanks, pumping plants, buildings, process- 
ing plants, fixtures and other structures, including also the 
establishment and maintenance of filter beds and purifica- 
tion works or systems, and may make excavations, procure 
and operate machinery and provide such other means and 
appliances, and do such other things as may be necessary 
for the establishment and maintenance of complete and 
effective water works; and for that purpose may construct 
pipe fines, wells and reservoirs and establish pumping works, 
and may construct, lay, acquire and maintain aqueducts, 
conduits, pipes and other works under or over any land, water 
courses, railroad, railways and public or other ways, and 
along such ways, in said town, in such manner as not un- 
necessarily to obstruct the same; and for the purposes of 
constructing, laying, maintaining, operating and repairing 
such aqueducts, conduits, pipes and other works, and for 
all proper purposes of this act, the district may dig up or 
raise and embank any such lands, highways or other ways 
in such manner as to cause the least hindrance to public 
travel on such ways; provided, that the manner in which all 
things are done upon any such way shall be subject to the 
direction of the selectmen of the town of Concord. The 
district shall not enter upon, or construct or lay any conduit, 
pipe or other works within, the location of any railroad cor- 
poration except at such time and in such manner as it may 
agree upon with such corporation, or, in case of failure so to 
agree, as may be approved by the department of pubfic 
utifities. 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 tem- 
porarily any lands necessary for the construction of any 
work or for any other purpose authorized by this act. 

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

Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the district may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, one hundred and fifty 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Kalmia Woods 
Water District Loan, Act of 1953. Each authorized issue 
shall constitute a separate loan, and such loans shall be pay- 



Acts, 1953. — Chap. 357. 259 

able in not more than thirty years from their dates. In- 
debtedness incurred under tl^is act shall be subject to the 
provisions of chapter forty-four of the General Laws per- 
taining to such districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the 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 
Concord annually thereafter until the debt incurred by said 
loan or loans is extinguished. 

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

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall assess 
the same on property within the district in the same manner 
in all respects in which town taxes are required by law to be 
assessed; provided, that no estate shall be subject to any 
tax assessed on account of the system of water supply under 
this act if, in the judgment of the board of water 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 suppHed 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 collec- 
tion of to\\'Ti taxes, and shall deposit the proceeds thereof 
with the district treasurer for the use and benefit of the 
district. The district may collect interest on overdue taxes 
in the manner in wMch 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 



260 Acts, 1953. — Chap. 357. 

of the voters of the district to be held prior to the quaUfica- 
tion of a majority of the water commissioners, shall be called, 
on petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a 
moderator for the meeting the question of the acceptance of 
this act shall be submitted to the voters, and if it is accepted 
by a majority of the voters present and voting thereon it 
shall thereupon take effect, and the meeting may then pro- 
ceed to act on the other articles in the warrant. After the 
qualification of a majority of the water commissioners, meet- 
ings of the district shall be called by warrant under their 
hands, unless some other method be provided by by-law or 
vote of the district. 

Section 9. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same 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 
annual district meeting, to constitute a board of water com- 
missioners; and at every annual district meeting following 
such next succeeding annual district meeting one such com- 
missioner shall be elected by ballot for the term of three 
years. The date of the next annual meeting shall be fixed 
by by-law or by vote of the board of water commissioners, 
but in no event shall it be later than fifteen months subse- 
quent to the date on which the water commissioners were 
first elected. All the authority granted to said district by 
this act, except sections four and five, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to such 
instructions, rules and regulations as the district may by 
vote impose. At the meeting at which said water commis- 
sioners are first elected and at each annual district meeting 
held thereafter, the district shall elect by ballot, each for a 
term of one year, a clerk and a treasurer of the district. The 
treasurer shall not be a water commissioner, and shall give 
bond to the district in such an amount as may be approved 
by said water commissioners and with a surety company 
authorized to transact business in the commonwealth as 
surety. A majority of said water commissioners shall con- 
stitute a quorum for the transaction of business. Any va- 
cancy occurring in said board from any cause may be filled 



Acts, 1953. — Chap. 357. 261 

for the remainder of the unexpired term by said district at 
any legal meeting called for the purpose. No money shall 
be drawn from the treasury of the district on account of its 
water works except upon a written order of said water com- 
missioners or a majority of them. 

Section 10. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
shall prescribe the time and manner of payment. The in- 
come of the water works shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said water 
commissioners may recommend, and in case a surplus should 
remain after paj^ment for such new construction the water 
rates shall be reduced proportionately. If in any year there 
should be a deficit of revenue, the water commissioners shall 
in the following year fix the rate so as to meet such deficit 
together with the estimated operating costs including interest 
and debt. Said water commissioners shall annually, and as 
often as the district may require, render a report upon the 
condition of the works under their charge, and an account of 
their doings, including an account of receipts and expendi- 
tures. 

Section 11. The district may adopt by-laws, prescrib- 
ing by whom and how meetings of the district may be called, 
notified, and conducted; and, upon the 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, pol- 
lutes or diverts any water obtained or supphed under this 
act, or wilfully or wantonly injures any reservoir, well, 
standpipe, aqueduct, pipe or other property owned or used 
by the district for any of the purposes of this act, shall for- 
feit and pay to the district three times the amount of dam- 
ages 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 hun- 
dred 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 por- 
tion of such real estate, said water commissioners shall cause 
a duly warned meeting of the district to be called, at which 



262 Acts, 1953. — Chap. 358. 

meeting the voters may vote on the question of including 
said real estate '^atliin the district. If a majority of the 
voters present and voting thereon vote in the affirmative 
the district clerk shall within ten days file with the town clerk 
of said town and with the state secretary an attested copy 
of said petition and vote; and thereupon said real estate 
shall become and be part of the district and shall be holden 
under this act in the same manner and to the same extent 
as the real estate described in section one. 

Section 14. Nothing in this act shall authorize the dis- 
trict to supply water for the extinguishment of fires or for 
domestic or other purposes to the inhabitants of the area 
served on the effective date of this act by the Kalmia Woods 
Corporation without first having acquired by purchase, or 
by eminent domain under chapter seventy-nine of the Gen- 
eral Laws, as the occasion may arise, all of the properties 
of the said Kalmia Woods Corporation on said date appurte- 
nant to the business of water supply and located within the 
area served by said Kalmia Woods Corporation. In case 
of dispute as to the area served by said Kalmia Woods Cor- 
poration on said date, the department of public utilities, 
upon application of the district or of said Kalmia Woods 
Corporation shall determine such area and such determina- 
tion shall be final. 

Section 15. This act shall take full effect upon its accept- 
ance by a majority vote of the voters of the territory in- 
cluded within said district by section one of this act present 
and voting thereon, by the use of a check fist, at a district 
meeting called, in accordance with section eight, within four 
years after its passage. Approved May 8, 1953 

Chap.S5S An Act relative to the assessment of poll taxes on 

PERSONS claiming EXEMPTION THEREFROM. 

Be it enacted, etc., as follows: 
G. L. (Ter. Sectiou 5 of chapter 59 of the General Laws is hereby 

etc., 'amended, amended by striking out clause Seventeenth A, as most re- 
cently amended by chapter 236 of the acts of 1949, and 
inserting in place thereof the following clause : — 
Assessment Seventeenth A, The poll of every male inhabitant of the 

on Certain ^^ commou Wealth who is sixty-five years of age or over, or who, 
fegXt^'ed during the preceding calendar year, was a recipient of old 

age assistance or of aid furnished by a municipahty from 
funds appropriated by it for the rehef, support, maintenance 
and employment of the poor; provided, that such inhabitant 
makes written request for the exemption of his poll. If a 
male inhabitant who is sixty-five years of age or over shaU 
in any year make such request, such request shall be deemed 
to continue in effect for subsequent years unless such in- 
habitant shall otherwise direct in writing. 

Approved May 8, 1963. 



Acts, 1953. —Chaps. 359, 360. 263 

An Act designating a traffic circle in the town of QJi^^ 359 
dedham as the norfolk county marine corps league ' ^" 
memorial circle. 

Be it enacted, etc., as follows: 

Section 1. The traffic circle at the junction of Washing- 
ton street and Route 1 in the town of Dedham shall be known 
and designated as the Norfolk County Marine Corps League 
Memorial Circle, and a suitable tablet and marker bearing 
said designation shall be erected and maintained at said 
traffic circle by the state department of pubhc works. 

Section 2. The town of Dedham is hereby authorized 
to make improvements at said traffic circle with a view to 
the beautification thereof, and any town in Norfolk county 
is hereby authorized to appropriate money and pay the same 
to the town of Dedham as a contribution to the cost of 
making such improvements. 

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

Approved May 11, 1953. 

An Act authorizing the town op milford to raise and Qhn^ Qgn 

APPROPRIATE MONEY FOR THE PURPOSE OF CONSTRUCTING ^' 

SWIMMING FACILITIES THEREIN. 

Be it enacted, etc., as follows: 

Section 1. The town of Milford is hereby authorized to 
appropriate the sum of thirty thousand dollars for the pur- 
pose of constructing swimming facilities on land adjoining 
the Charles river near Fino Field. Seventy-five hundred 
dollars of said sum shall be raised in the tax levy of the 
current year, and twenty-two thousand five hundred dollars 
thereof shall be borrowed as provided in section two hereof. 

Section 2. For the purposes of this act, the town of 
Milford may borrow, from time to time, within a period of 
five years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, twenty-two thou- 
sand five hundred dollars, and may issue bonds or notes of 
the town therefor which shall bear on their face the words, 
Milford Swimming Facilities Loan, Act of 1953. Each au- 
thorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than five years from their 
dates. Indebtedness 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, exclusive 
of the hmitation contained in the first paragraph of section 
seven thereof. 

Section 3. Action taken under this act at the annual 
town meeting of the town of Milford 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 May 11, 1953. 



264 Acts, 1953.— Chaps. 361, 362. 



Chap.S6l An Act authorizing the board of park commissioners 

OF THE city of MELROSE TO SELL CERTAIN LAND NOW HELD 
OR USED BY SAID CITY FOR PUBLIC PARK PURPOSES. 

Be it enacted, etc., as follows. • 

Section 1. The city of Melrose, by its board of park 
commissioners, may sell, transfer and convey to Melrose 
Chapter, American National Red Cross, at such price as 
may be determined by the mayor, subject to the approval 
of the board of aldermen, the follo^vdng parcels of land now- 
held or used by said city for public park purposes, said par- 
cels being bounded and described as follows : — 

Parcel A. — Beginning at a point on the westerly line of 
Main street, said point being seventy and twenty-two one- 
■ hundredths feet southerly from the stone bound at the inter- 
section of the westerly line of Main street and the southerly 
line of Crystal street; thence westerly by Lot A shown on 
land court plan no. 11571 seventy-seven and ninety-nine one- 
hundredths feet to an angle; thence westerly bj'- land now 
or formerly of Clara M. Shepardson thirty-six and ten one- 
hundredths feet to a point; thence southerly by land of city 
of JMelrose sixty-seven and fifteen one-himdredths feet to 
land now or formerly of Louis Barsell et al as shown on 
land court plan number 11148; thence easterly by land of 
said Barsell seventy-seven feet to the westerly line of Main 
street; thence northerly along said westerly line of Main 
street eighty and forty one-hundredths feet to point of be- 
ginning, and containing seven thousand sixty-three square 
feet. 

Parcel B. — Beginning at a point on the dividing Hne be- 
tween Lot A as shown on land court plan number 11571 
and land now or formerly of Clara M. Shepardson, said 
point being eighty-three and forty one-hundredths feet west- 
erly from the westerly line of Main street; thence westerly 
by land of said Shepardson thirty-eight and seventy-one one- 
hundredths feet to land of city of Melrose; thence southerly 
by land of said city of Melrose nine and seventy-six one- 
hundredths feet to Lot 2 as shown on said land court plan 
number 11571; thence easterly b}^ said Lot 2 thirty-six and 
ten one-hundredths feet to point of beginning and contain- 
ing one hundred seventy-four square feet. 

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

Approved May 11, 1953. 

Chap. 362 An Act validating the acceptance by the town of 

AGAWAM OF THE PROVISIONS OF THE CIVIL SERVICE LAWS 
PLACING THE REGULAR MEMBERS OF THE FIRE DEPARTMENT 
UNDER SAID LAWS. 

Be it enacted, etc., as follows. ■ 

Section 1. The action of the voters of the town of 
Agawam at its election held in the current year accepting 
the provisions of the civil service laws placing the regular 



Acts, 1953. — Chaps. 363, 364. 265 

members of the fire department under said laws is hereby 
confirmed and made vahd in so far as said action may be 
invahd by reason of failure to comply with the provisions 
of sections forty-eight and forty-nine A of chapter thirty-one 
of the General Laws relative to the fihng of a petition for 
submitting to the voters the question of such acceptance. 
Section 2. This act shall take effect upon its passage. 

Approved May 11, 1953. 



ChapMS 



preamble. 



An Act exempting paul e. johnson of east longmeadow 

FROM certain PROVISIONS OF THE TEACHERS RETIREMENT 
SYSTEM. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to make its provisions effective ' 

forthwith, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows. • 

Notwithstanding the provisions of paragraph 2 of option 
(d) of section twelve of chapter tliirty-two of the General 
Laws, as amended, Paul E. Johnson, the surviving spouse 
of Jennie B. Johnson of East Longmeadow, who died August 
twenty-fifth, nineteen hundred and fifty-two, may make an 
election within sixty days from the passage of this act to 
receive her accumulated total deductions to the retirement 
fund in one sum as a cash refund or to receive the member 
survivor benefits under said option. 

Approved May 11, 1953. 



An Act providing sick leave for probation officers in 
the district courts. 



Chap.ZM 

Be it enacted, etc., as follows: 

Section 89 of chapter 276 of the General Laws is hereby g. l. (Xer. 
amended by striking out the first paragraph, as amended by f'^g'^^^' 
section 2 of chapter 217 of the acts of 1934, and inserting in amended.' 
place thereof the following paragraph: — The justice of a sick leave for 
district court may, in the absence of a probation officer, Jj^^^^frs'-n 
appoint a temporary probation officer, who shall have the district 
powers and perform the duties of such probation officer and regulated. 
shall receive from the county as compensation for each day's 
service an amount equal to the rate by the day of the com- 
pensation of the officer in whose place he serves; but com- 
pensation so paid to a temporary probation officer for serv- 
ice, in excess of thirty days in any one year, shall be deducted 
by the county treasurer from the compensation of the pro- 
bation officer in whose place such service is rendered; pro- 
vided, however, that if a probation officer is absent, due to 
his illness or physical disability, for a period not exceeding 
thirty days in any year, in addition to said thirty days, he 
shall be deemed to be on sick leave and no such deduction 
shall be made. Such thirty days' sick leave or any portion 



266 Acts, 1953. — Chaps. 365, 366. 

thereof not used in any year may be accumulated, but shall, 
in any event, not exceed ninety days in any consecutive three- 
year period. If the person so appointed holds an office or 
position, the salary or compensation for which is paid out of 
the treasury of the commonwealth, or of a county, or of a 
municipality, he shall not receive the salary of both offices or 
positions during the period of such temporary service. 

Approved May 11, 1953. 

Chap.dQ5 An Act relative to the exempting from taxation of 

CERTAIN PROPERTY IN THE SUDBURY WATER DISTRICT OF 
SUDBURY. 

Be it enacted, etc., as follows: 

Chapter 100 of the acts of 1934 is hereby amended by 
striking out section 7 and inserting in place thereof the fol- 
lowing section : — Section 7. Whenever a tax is duly voted 
by the district for the purposes of this act, the clerk shall 
send a certified copy of the vote to the assessors of said 
town, who shall assess the same on property within the dis- 
trict 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 hereiiiafter provided for, after 
a hearing, due notice whereof shall have been given, such 
estate is so situated that it can receive no aid in the extin- 
guishment of fire from the said system of water supply, or 
if such estate is so situated that the buildings thereon, or the 
buildings that might be constructed thereon, could not be 
supplied with water from said system in any ordinary or 
reasonable manner; but all other estates in the district shall 
be deemed to be benefited and shall be subject to such tax. 
A certified fist of the estates exempt from taxation under the 
provisions of this section shall annually be sent by said 
board of water commissioners to said assessors, at the same 
time at which the clerk shall send a certified copy of the 
vote as aforesaid. The assessment shall be committed to 
the town collector, who shall collect said tax in the manner 
provided by law for the collection of town taxes, and shall 
deposit the proceeds thereof with the district treasurer for 
the use and benefit of the district. The district may collect 
interest on overdue taxes in the manner in which interest 
is authorized to be collected on town taxes. 

Approved May 11, 1953. 

C hap. S66 An Act relative to service of process in certain cases 

UNDER THE MOTOR VEHICLE LAW. 

Be it enacted, etc., as follows. • 
G. L. (Ter. SECTION 1. Chapter 90 of the General Laws is hereby 

etci.'amended.' amended by striking out section 3A, as amended by chapter 

125 of the acts of 1952, and inserting in place thereof the 



Acts, 1953. — Chap. 366. 267 

following: — Section 3 A. The acceptance by a person who Operation of 
is a resident of any other state or country of the rights and ™°hicie by 
privileges conferred by section three, as evidenced by the reTJatld^^*' 
operation, by himself or agent, of a motor vehicle there- ^^^ 
under, or the operation by such a person, by himself or his 
agent, of a motor vehicle on a way, or private way if en- 
trance thereto was made from a way, or in any place to which 
the pubhc has a right of access, in this commonwealth other- 
wise than under said section, shall be deemed equivalent to 
an appointment by him of the registrar, or his successor in 
office, to be his true and lawful attorney upon whom may 
be served all lawful processes in any action or proceeding 
against him or his executor or administrator, growing out 
of any accident or colHsion in which such person or his 
agent may be involved while operating a motor vehicle on 
such way or in such place, and said acceptance or operation 
shall be a signification of his agreement that any such 
process against him, or his executor or administrator, which 
is so served shall be of the same legal force and vahdity as 
if served on him personally. This section shall not authorize 
the service of process upon any person who has executed a 
power of attorney under section three D, or upon any for- 
eign corporation which has executed a power of attorney 
under section three of chapter one hundred and eighty-one. 

Section 2. Said chapter 90 is hereby amended by strik- g. l. (Ter. 
ing out section 3B, as appearing in the Tercentenary Edition, §^3^; ^°' 
and inserting in place thereof the following: — Section SB. amended. 
The operation by any person, by himself or his agent, of Operation of 
any motor vehicle, whether registered or unregistered, and ^WcL by 
with or without a license to operate, on any way, or private any person, 
way if entrance thereto was made from a way, or in any '■®^"^'''*®^- 
place to which the pubhc has a right of access, in this com- 
monwealth, shall be deemed equivalent to an appointment 
by such person of the registrar, or his successor in office, to 
be his true and lawful attorney upon whom may be served 
all lawful processes in any action or proceeding against him, 
or his executor or administrator, growing out of any acci- 
dent or collision in which he or his agent may be involved 
while operating a motor vehicle on any way, or private way 
if entrance thereto was made from a way, or in any place 
to which the public has a right of access, in this common- 
wealth, and such operation shall be a signification of an 
agreement by such person that any such process against him, 
or his executor or administrator, which is served upon the 
registrar or his successor in office shall be of the same force 
and vahdity as if served upon him personally. This section 
shall not apply in case of any cause of action, for the service 
of process in which provision is made by section three A, 
nor shall it authorize service of process upon any person who 
has executed a power of attorney under section three D, or 
upon any foreign corporation which has executed a power 
of attorney under section three of chapter one hundred and 
eighty-one. 



268 Acts, 1953. — Chaps. 367, 368. 

EdV' qq'"'^' Section 3. Section 3D of said chapter 90, as so appearing, 

§ sb, ' is hereby amended by striking out the first sentence and 

amended. inserting in place thereof the following sentence: — Every 

faction ioJ'^'' application for the registration of a motor vehicle or trailer 
registration or for a license to operate motor vehicles shall contain an 
contair^*° irrevocable power of attorney, in such form as the registrar 
*'ower°of'^^ may prescribe, constituting and appointing, in case the 
attorney. Certificate of registration or license applied for is issued, the 

registrar or his successor in office the true and lawful attorney 
of the applicant, upon whom may be served all lawful proc- 
esses in any action or proceeding against him, or his executor 
or administrator, growing out of any accident or colhsion in 
which he or his agent may be involved while operating a 
motor vehicle within the commonwealth during the period 
covered by the certificate of registration or by the license as 
the case may be, and containing an agreement that any 
process against him which is so served shall, if he is notified 
of such service as hereinafter provided, be of the same legal 
force and vahdity as if served on him personally and that 
the mailing by the registrar of a copy of such process to him 
at his last address as appearing on the registrar's records 
shall be sufficient notice to him of such service. 

Approved May 11, 1953. 

Chap. 367 An Act authorizing the city of newton to use certain 

LAND HELD BY IT FOR PLAYGROUND OR SCHOOLYARD 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton, acting by its mayor and 
board of aldermen, may use for playground or schoolyard 
purposes and free and clear from any obligation to use or 
maintain the same as a pubhc park or for any other public 
purposes, that portion of Farlow park, so called, on Vernon, 
Eldredge and Church streets in ward 7 in said city, as laid 
out by an instrument dated April 12, 1883, recorded in Mid- 
dlesex South District Registry of Deeds, book 1628, page 21, 
that lies northerly of a fine parallel with and one hundred 
and sixty feet southerly of the southerly fine of Vernon 
street. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the recreation commission and the board of 
aldermen of said city, subject to the provisions of its char- 
ter, during the current year. Approved May 11, 1953. 

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

CONVEY CERTAIN PARK PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The city of Salem by its mayor, if so au- 
thorized by the city council, may sell and convey, free and 
clear from any obUgation to use the same for park purposes 
or any other purpose, if in other respects the city has or ob- 



Acts, 1953. — Chap. 369. 269 

tains a clear title thereto, a certain parcel of land and flats 
situated in that part of said Salem known as Kernwood, now 
under control of the park department, and described as 
follows: — Southerly by land now or formerly of J. S. Cabot; 
westerly by land now or formerly of Peabody; northerly by 
Kernwood street; and easterly by Dan vers river, formerly 
known as Essex river, together \\dth all flats, rights and 
privileges of every nature appertaining to the same, accord- 
ing to a plan of T. A. Appleton, C.E., recorded in Essex South 
District Registry of Deeds. The proceeds of any such sale 
or sales shall be paid into the treasury of said city and shall 
be held subject to appropriation for park improvements, not- 
withstanding the provisions of section sixty-three of chapter 
forty-four of the General Laws. 

Section 2. This act shall take full effect when, after 
recommendation by the board of park commissioners of the 
city of Salem, it is accepted by the city council of said city, 
subject to the provisions of its charter, during the current 
year. Approved May 11, 195S. 

An Act authorizing the city of salem to sell and flhnnj 369 

CONVEY CERTAIN PARK PROPERTY. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Salem by its mayor, if so au- 
thorized by the city council, may sell and convey, free and 
clear from any obhgation to use the same for park purposes • 
or any other purpose, if in other respects the city has or ob- 
tains a clear title thereto, to Ste. Anne Athletic Club, a cer- 
tain parcel of land situated off Wilson road in said city, 
bounded and described as follows : — Beginning at the north- 
easterly corner thereof and thence running southwesterly by 
Sainte Anne park one hundred feet more or less, to a point; 
thence still southwesterly on a curving course forty feet, 
more or less, to a point; thence turning and running north- 
westerly on Laurier road two hundred one feet, more or 
less to Lot 93 as shown on a plan of land hereinafter referred 
to ; thence turning and running northeasterly by said Lot 93 
one hundred two feet to Lot 90 on said plan, thence turning 
and running southeasterly by Lots 90, 88 and 86 on said 
plan one hundred ninety-seven feet to the point of beginning. 
Being Lots 87, 89 and 91 as shown on plan entitled, "Plan 
for Sub-division of Castle Hill Couronnement, Property of 
Mrs. Emma S. Almy, Salem, Massachusetts, Harlan P. 
Kelsey, Landscape Architect, Salem, Massachusetts, May 29, 
1915", recorded with Essex South District Registry of Deeds, 
Book of Plans 27, Plan 30. The proceeds of such sale shall 
be paid into the treasury of said city and shall be held sub- 
ject to appropriation for park improvements, notwithstand- 
ing the provisions of section sixty-three of chapter forty-four 
of the General Laws, 

Section 2. This act shall take full effect when, after 
recommendation by the board of park commissioners of the 



270 Acts, 1953. — Chap. 370. 

city of Salem, it is accepted by the city council of said city, 
subject to the provisions of its charter, during the current 
year. Approved May 11, 196S. 



Chap. S70 An Act authorizing the town of north attleborough 

TO USE CERTAIN PARK LAND FOR CERTAIN HIGHWAY PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. The town of North Attleborough is hereby 
authorized to use for highway purposes, namely, the exten- 
sion of Hoppin Hill avenue, a portion of the real estate 
situated in said town and known as Webster Park which is 
held by it for public park purposes, said land to be so used 
being bounded and described as follows : — Beginning at a 
point in the westerly line of South Washington street on the 
49.50 foot county commissioner's layout, said point being 
three hundred seventy-eight feet southerly of a Massachu- 
setts highway bound set at the northerly end of said Webster 
park; thence, southerly and westerly by a radius of thirty 
feet, a distance of forty-seven and 12/100 feet to a point of 
reversed curvatures; thence westerly and southerly by a 
curve of four hundred thirty-eight and 94/100 feet, a distance 
of forty feet, more or less, to a point in the westerly line of 
said Webster park. The southerly bound of said land is 
described : Beginning at a point in the westerly line of South 
Washington street on the 49.5 foot county commissioner's 
layout, said point being four hundred eighty-eight feet south- 
erly of a Massachusetts highway bound; thence northerly 
and westerly by a curve of thirty foot radius a distance of 
forty-seven and 12/100 feet to a point of compound curva- 
ture; thence westerly and southerly by a curve of three 
hundred eighty-eight and 94/100 radius, a distance of forty 
feet, more or less, to a point in the westerly bound of said 
Webster park. Being bounded easterly as follows: Begin- 
ning at a point in the westerly Une of said South Washington 
street on the 49.5 foot county commissioner's layout, said 
point being three hundred seventy-eight feet southerly of a 
Massachusetts highway bound at the northerly end of Web- 
ster park; thence southerly as measured in the easterly 
bound of said Webster park and being the westerly hne of 
South Washington street one hundred twenty feet more or 
less, to a point of tangency formed by the easterly bound of 
said Webster park and the round curve of the proposed 
Hoppin Hill avenue extension. The westerly bound of said 
parcel of park land being described: Beginning at a point 
in the westerly bound of said Webster park land formed by 
the intersection of the westerly bound of said park land and 
the northerly Une of the proposed Hoppin Hill avenue exten- 
sion; thence southerly as measured in the westerly bound 
of said Webster park land, a distance of fifty feet, more or 
less, to a point of intersection in the westerly bound of said 



Acts, 1953. — Chaps. 371, 372. 271 

park land formed by the intersection of the westerly bound 
of said park land and the southerly hne of the proposed 
Hoppin Hill avenue extension. Said land being shown on 
plan entitled ''Proposed fifty-foot layout, Hoppin Hill av- 
enue in North Attleborough, Mass., dated November, 1952, 
W. T. Whalen Eng. Co.". 

Section 2. This act shall take full effect upon its accept- 
ance by a majority vote of the town meeting members of 
said to\Mi at the next annual town meeting, but not otherwise. 

Approved May 11, 1953. 

An Act designating the soap box derby track in middle- QJiav 371 

SEX FELLS AS THE FRANK TAYLOR MEMORIAL TRACK. 

Be it enacted, etc., as follows. • 

Section 1. The Soap Box Derby track, so called, lo- 
cated on the grounds of the metropolitan district commis- 
sion, known as the Sheepfold recreation grounds in Middle- 
sex Fells, shall, upon its completion, be designated and 
known as the Frank Taylor Memorial Track, in memory of 
Frank Taylor of Cochituate, a former Soap Box Derby 
champion, who was killed in World War II when the plane 
in which he was a crew member crashed into the sea during 
a mission. Frank Taylor is the only Soap Box Derby cham- 
pion who was killed in action during World War II. 

Section 2. The metropoUtan district commission is 
hereby authorized and directed to erect and maintain in a 
conspicuous place a suitable tablet or marker bearing such 
designation as a memorial to said Frank Taylor, and may ex- 
pend therefor such sums as may be appropriated therefor. 

Approved May 11, 1958. 



Chap.S72 



An Act relative to the giving of notice to school 

teachers and superintendents not SERVING AT DIS- 
CRETION AND WHO ARE NOT TO BE EMPLOYED FOR THE 
FOLLOWING SCHOOL YEAR. 

Be it enacted, etc., as follows. • 

Chapter 71 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 41, as most recently amended by chap- ^tl!'ameJdtd. 
ter 283 of the acts of 1950, and inserting in place thereof the 
following section: — Section 41. Every school committee, Employment 
in electing a teacher or superintendent, who has served in schooUelchers. 
its public schools for the three previous consecutive school regulated, 
years, other than a union or district superintendent and the 
superintendent of schools in the city of Boston, shall em- 
ploy him to serve at its discretion; but any school com- 
mittee may elect a teacher who has served in its schools for 
not less than one school year to serve at such discretion. A 
teacher or superintendent not serving at discretion shall be 
notified in writing on or before April fifteenth whenever such 
person is not to be employed for the following school year. 



272 Acts, 1953. — Chaps. 373, 374, 375. 

Unless said notice is given as herein provided, a teacher or 
superintendent not serving at discretion shall be deemed to 
be appointed for the following school year. 

Approved May 11, 1953. 

Chap. 373 An Act relative to sick leave for certain employees 
OF the metropolitan district commission. 

Be it enacted, etc., as follows : 
G L. (Ter. Paragraph (10) of section 10 of chapter 92 of the General 

§ 10.' e^tc., Laws is hereby amended by inserting after the fourth sen- 

amended. tcuce, as appearing in chapter 243 of the acts of 1946, the 
Sick leave two following seutenccs: — Any employee so transferring 
lmpTo?els, shall retain all available sick leave credits accrued by him 
regulated.' at the time of such transfer, except that he shall not be 
credited with any accumulated sick leave allowance in ex- 
cess of ninety days. In order to be credited with such avail- 
able sick leave allowance an employee must submit to his 
department head a sworn statement of such available al- 
lowance executed by the appropriate official of the town from 
which he transferred. Approved May 11, 1953. 

Chap. 31 4: An Act authorizing the metropolitan district com- 
mission TO contract with the boston society of 
natural history for use of the facilities of the 
museum of science by school children. 

Be it enacted, etc., as follows: 

The metropolitan district commission is hereby author- 
ized to contract with the Boston Society of Natural His- 
tory for use of the facihties of the museum of science by 
children attending schools located within the metropoUtan 
parks district. For said purposes, said commission may ex- 
pend such sums as may be appropriated therefor. 

Approved May 11, 1953. 



Chap.375 -An Act to ascertain the will of the voters of the 

CITY OF NORTHAMPTON WITH REFERENCE TO THE QUESTION 
OF FLUORINATING THE PUBLIC DOMESTIC WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of ascertaining the will of the 
voters of the city of Northampton with reference to the ques- 
tion of fiuorinating the pubhc domestic water supply of said 
city, there shall be placed upon the official ballot to be used 
at the biennial citj'^ election in said city in the current year 
the following question: — "Shall the pubhc domestic water 
supply in this city be fluorinated? " 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 city 
that the public domestic water supply in said city shall be 
fluorinated, and if a majority of said votes is in the negative, 



Acts, 1953. — Chaps. 376, 377, 378. 273 

it shall be deemed and taken to be the will of said voters that 
such fluorination shall not be provided in said city. 

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

Approved May 14, 1963. 

An Act relative to salary plan and step-rate increases QJkxj) 375 
for municipal employees in the town of plymouth. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section one hundred 
and eight A of chapter forty-one of the General Laws, the 
town of Plymouth shall provide for the attainment of maxi- 
mum salaries within a grade to be paid employees under any 
salary plan established under the aforesaid section by pe- 
riodical step-rate increases based solely on length of service. 

Approved May I4, 1953. 

An Act increasing the amount of money which may (JJidy 377 

BE expended by THE TOWN OF ROCKPORT FOR MUNICIPAL 
advertising PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 38 of the acts of 1928 is 
hereby amended by striking out, in Hne 2, the words "five 
hundred" and inserting in place thereof the words: — two 
thousand, — so as to read as follows: — Section 1. The 
town of Rockport may annually appropriate a sum not ex- 
ceeding two thousand dollars for the purpose of advertising 
the advantages of the town, with special reference to its 
faciUties for summer vacation, recreation and seashore pur- 
poses; provided, however, that as to each such appropria- 
tion a sum equal to the amount thereof shall previously have 
been raised by public subscription and paid into the town 
treasury to be expended for the aforesaid advertising pur- 
pose. The money so appropriated by the town and so raised 
by subscription shall be expended under the direction of the 
board of selectmen. 

Section 2. This act shall take effect upon its acceptance 
within two years from the date of its passage by a majority 
of the voters of the town of Rockport present and voting 
thereon at any special or regular town meeting. 

Approved May I4, 1953. 

An Act redefining the word "repairman" as used in Cha'p.S78 

THE motor vehicle LAWS. 

Be it enacted, etc., as follows: 

Section 1 of chapter 90 of the General Laws is hereby g. l. (Ter. 
amended by striking out the definition of "Repairman", as H^ameidld. 
most recently amended by chapter 89 of the acts of 1951, 
and inserting in place thereof the following: — 

"Repairman", any person who is engaged in the business Motor 
of repairing, altering, equipping or towing motor vehicles or '•^Repairman", 
trailers for the pubUc. Approved May I4, 1953. redefined. 



274 Acts, 1953. —Chaps. 379, 380, 381. 

Chap. 379 An Act exempting the real property of blind persons 

FROM TAXATION. 

Be it enacted, etc., as follows: 

G. L. (Ter. Sectioii 5 of chapter 59 of the General Laws is hereby 

§ 5. etl,' amended by adding after clause Thirty-sixth, added by sec- 

amended. ^^qj^ 2 of chapter 583 of the acts of 1952, the following 

clause : — 
Certain real Thirty-sevcnth, Real property, to the amount of two 

proper y o thousaud doUars, of a bhnd person who is a legal resident of 
exempted the commonwealth, whether such property be owned by him 

from ^ separately or jointly or as a tenant in common; provided, 

that such property is occupied by such person as his domicil, 

and provided, further, that the total assessed value thereof 

does not exceed eight thousand dollars. 

Approved May 14, 1963. 

Chap. 3S0 An Act relative to the salary of the third assistant 

CLERK OF THE SPRINGFIELD DISTRICT COURT. 

Be it enacted, etc., as follows: 

The last sentence of section 3B of chapter 768 of the acts 
of 1951, added by section 1 of chapter 114 of the acts of 
1952, is hereby amended by inserting after the word "fifty- 
one", in Une 5, the words: — nor to the office of third assist- 
ant clerk of the district court of Springfield, — so as to read 
as follows : — This section shall not apply to the offices of 
the clerk and the assistant clerks of the municipal court of 
the Roxbury district nor to the office of the justice of said 
court established by chapter seven hundred and sixty-two 
of the acts of nineteen hundred and fifty-one nor to the 
office of third assistant clerk of the district court of Spring- 
field. Approved May U, 1953. 

Chap.SSl -^^ ^^'^ INCREASING THE AMOUNT OF MONEY THAT MAY BE 
EXPENDED BY THE COUNTY COMMISSIONERS OF BERKSHIRE 
COUNTY FOR THE PURPOSE OF PROMOTING THE RECREA- 
TIONAL ADVANTAGES OF SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1 of chapter 30 of the acts of 1938, as amended by 
section 1 of chapter 167 of the acts of 1950, is hereby further 
amended by striking out, in fine 4, the word "ten" and in- 
serting in place thereof the word : — fifteen, — so as to read 
as follows: — Section 1. The county commissioners of 
Berkshire county may, for the purpose of advertising the 
recreational advantages of said county, expend such sums, 
not exceeding fifteen thousand dollars in any one year, as 
may be appropriated therefor. Said commissioners shall 
expend such sums only for advertising in newspapers, maga- 
zines and the hke, or for booklets, posters or other forms of 
advertising. In carrying out the provisions of this act, the 



Acts, 1953. — Chaps. 382, 383. 275 

county commissioners may designate an agent or agents to 
act for them; provided, that all bills incurred shall be ac- 
companied by proper vouchers and shall be paid by the 
county treasurer only on warrants approved by the county 
commissioners or a majority of them. 

Approved May 14, 1953. 

An Act permitting the department of public health fhnj) qco 

TO ESTABLISH AND MAINTAIN MUSCULAR DYSTROPHY ^' 



Be it enacted, etc., as follows: 
Chapter 111 of the General Laws is hereby amended by g.l. (Ter 

§ 



inserting after section 57 A, inserted by section 1 of chapter f sVB^dded'' 



436 of the acts of 1943, the following section: — Section 67 B. 
The department, with or without the co-operation of local EstabUshment 
boards of health, hospitals, dispensaries or other agencies, tenanie^of 
shall establish and maintain muscular dystrophy chnics in "yTtr^Jlfhy 
such parts of the commonwealth as it may deem most ad- clinics. 
vantageous to the pubhc health, and may otherwise provide 
services and treatment for muscular dystrophy and other 
similar diseases, subject to such rules and regulations as the 
department may from time to time estabhsh. For the pur- 
poses of this section, "providing treatment" shall include 
providing transportation, or the reasonable cost of such 
transportation, to and from the place where treatment is 
given whenever the patient is not able to pay for such 
transportation. Approved May 15, 1953. 

An Act relative to the treatment of muscular dys- C/iai). 383 

TROPHY AND OTHER SIMILAR DISEASES AT LAKEVILLE STATE 
SANATORIUM. 

Be it enacted, etc., as follows: 

Chapter 1 1 1 of the General Laws is hereby amended by g. l. (Xer. 
striking out section 65A, as most recently amended by chap- f osa! Itc.. 
ter 492 of the acts of 1952, and inserting in place thereof "^^ended. 
the following section: — Section 65 A. The department may Treatment of 
admit to the Lakeville state sanatorium persons suffering diseases at 
from extra-pulmonary tuberculosis, persons crippled by poli- autwS'd. 
omyehtis (infantile paralysis), arthritis, or muscular dystro- 
phy and other similar diseases, and crippled children as 
defined in the regulations of the department ; provided, that 
no person shall be admitted who has not been a resident of 
the commonwealth for at least twelve months preceding the 
date of his apphcation for admission, and that preference 
shall be given to citizens of the commonwealth. 

Approved May 15, 1953. 



276 



Acts, 1953. — Chaps. 384, 385, 386. 



Chap.S84i An Act relative to the filing of exceptions in criminal 

CASES. 

Be it enacted, etc., as follows: 

Section 31 of chapter 278 of the General Laws, as ap- 
pearing in the Tercentenary Edition, is hereby amended by 
striking out the second sentence and inserting in place 
thereof the following sentence : — The exceptions shall be 
reduced to writing and filed with the clerk and notice thereof 
given to the commonwealth within twenty days after the 
verdict or after the opinion, ruhng, direction or judgment 
excepted to is given, unless further tune is allowed by the 
court. Approved May 15, 1953. 



G. L. (Ter. 
Ed.), 278, § 31, 
amended. 



Filing of 
exceptions i 
criminal 
cases, 
regulated. 



Chap.3S5 An Act reviving merchants terminal warehouse 

COMPANY. 

Be it enacted, etc., as follows: 

Merchants Terminal Warehouse Company, a corporation 
dissolved by chapter two hundred and seventy-three of the 
acts of nineteen hundred and twenty-eight, is hereby re- 
vived with the same powers, duties and obligations as if said 
chapter had not been passed; and all acts and proceedings 
of the stockholders, directors and officers of said corpora- 
tion, acting as such, which would be legal and valid but for 
the passage of said chapter, are hereby ratified and con- 
firmed. 

(The foregoing was laid before the governor on the eleventh- 
day of May, 1953, and after five days it had "the force of a 
law", as prescribed by the constitution, as it ivas not returned 
by him with his objections thereto within that time.) 



C hap. S8Q An Act further regulating the making of repairs on 
private ways by cities and towns. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 40, new 
§ 6F, added. 

Certain 
repairs on 
private ways 
by cities and 
towns, 
authorized. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make its provisions effective 
forthwith, 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. Chapter 40 of the General Laws is hereby 
amended by inserting after section 6E the following sec- 
tion : — Section 6F. A city which accepts this section by 
vote of its city council, subject to the provisions of its char- 
ter, or a town which accepts the same at an annual town 
meeting, may make 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 ap- 
ply. Said repairs shall not include construction, reconstruc- 
tion or resurfacing of such ways and shall not be undertaken 
unless and until the mayor and city council or the selectmen 



Acts, 1953. — Chap. 387. 277 

have in their possession agreements executed by all abutting 
owners to release and save the city or town harmless on 
account of any damage whatever caused by such repairs, 
nor unless the city council or selectmen vote that they are 
required by public convenience and necessity. Such agree- 
ments to release and save harmless being recorded in the 
registry of deeds for the district where the land is situated 
shall be deemed to be covenants running with the land and 
shall be binding upon all subsequent owners thereof. In 
any city or town which accepts this section the provisions 
of section six E shall no longer apply. 

Section 2. Notwithstanding the provisions of section 
one, this act may be accepted by the town of Saugus at a 
town meeting. Approved May 18, 1953. 



An Act authorizing a city or town to grant annuities QffQij Qg? 

AND TO increase CERTAIN RETIREMENT ALLOWANCES, PEN- 
SIGNS AND ANNUITIES OF CERTAIN OFFICIALS AND EM- 
PLOYEES OR TO THEIR SURVIVING SPOUSES OR CHILDREN. 

Whereas, The deferred operation of this act would tend ^rTambi"''^ 
to defeat its purpose, which is to make its provisions effec- ^^^°'"' 
tive 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: 

Chapter 32 of the General Laws is hereby amended by g l. (Ter. 
inserting after section 94 the three following sections: — §§95-97,"^^ 
Section 95. For the purpose of promoting the pubhc good *'''^'''^- 
and in consideration of long and meritorious service of any Granting of 
official or employee who is not entitled to a retirement al- cmeTand''^ 
lowance or pension under the provisions of any general or *°^"in*° 
special law, a city or town may grant an annuity to such employees, 
official or employee or to his surviving spouse so long as such fzed. ^"* °'^' 
spouse survives and does not remarry, or, if no surviving 
spouse to a legal guardian for the benefit of any surviving 
child who is unmarried and under age eighteen, in such 
amount as it may determine, but not to exceed one half of 
the regular annual compensation received by such official 
or employee or two thousand dollars, whichever is less; pro- 
vided, that such official or employee has been permanently 
employed on full-time basis by such city or town for not 
less than fifteen years. 

Section 96. A city or town may increase to an amount ^^'^^'^f^^^ 
not exceeding twelve hundred dollars the annual amount of annuities. 
any retirement allowance, pension, annuity or other benefit, fzed/*"^'""^" 
payable under any general or special law, to any former 
official or employee or to his dependent as provided in such 
general or special law, which is less than twelve hundred 
dollars; provided, that such official or employee had been 
in the service of such city or town for not less than fifteen 
years. 



278 



Acts, 1953. — Chap. 388. 



Approval 
reqxiired. 



Section 97. Annuities or increases of retirement allow- 
ances, pensions or annuities under sections ninety-five and 
ninety-six may be granted in a city having a Plan D or 
Plan E charter by a two thirds vote of all the members of 
the city council and approved by the city manager; in any 
other city by a two thirds vote of all the members of the 
city council and the approval of the mayor; and in a town 
by a two thirds vote of the voters at an annual town meet- 
ing upon reconmiendation of the selectmen. 

Approved May 18, 1953. 



G. L. (Ter. 
Ed.), 60 A, 
§ 1, etc., 
amended. 



Excise tax 
on motor 
vehicles and 
trailers, 
regulated. 



C hap. S88 An Act relating to the excise on registered motor 

VEHICLES AND TRAILERS AND PROVIDING FOR AN ABATE- 
MENT THEREOF UPON THE TRANSFER BY AN OWNER OF 
A MOTOR VEHICLE OR TRAILER FROM THIS STATE TO AN- 
OTHER STATE. 

Be it enacted, etc., as follows: 

Section 1 of chapter 60A of the General Laws is hereby 
amended by striking out the fifth paragraph, as appearing 
in section 1 of chapter 480 of the acts of 1938, and inserting 
in place thereof the following paragraph : — 

If a motor vehicle or trailer is registered after January 
thirty-first of any year, the excise imposed by this section 
shall be that proportion of the excise for a full year which 
the number of months in said year following the last day of 
the month preceding that in which the motor vehicle or 
trailer is registered bears to twelve. If a registered motor 
vehicle or trailer is sold or its ownership transferred during 
any calendar year, and if notice to the former owner of an 
excise on account thereof for that year has already been 
issued pursuant to section two, or if the owner of a motor 
vehicle or trailer transfers to another state and registers 
such motor vehicle or trailer in such other state and sur- 
renders registration of such motor vehicle or trailer in this 
state during any calendar year, and if notice to such owner 
of an excise on account thereof for that year has already 
been issued pursuant to section two, that proportion of the 
excise for a full year which the number of months in said 
year remaining after the last day of the month in which 
such sale or transfer occurred bears to twelve shall be abated. 
If, however, the excise payer has not been notified of said 
excise before notice of such sale or transfer has been received 
by the official or officials authorized to make the assessment, 
only that proportion of the excise for a full year which the 
number of months in said year prior to the first day of the 
month next following the month in which said sale or trans- 
fer or surrender of registration in this state occurred bears 
to twelve shall be assessed. The excise assessed under this 
section shall not be less than two dollars, and no abatement 
under this section shall reduce the excise collected to less 
than two dollars. Approved May 18, 1953. 



YES. 




NO. 





Acts, 1953. —Chaps. 389, 390, 391. 279 



An Act relative to the submission to the voters of Chn^ qqq 

BERKSHIRE COUNTY OF THE QUESTION OF LICENSING ' 

HORSE RACES AT COUNTY FAIRS AT WHICH THE PARI- 
MUTUEL SYSTEM OF BETTING SHALL BE PERMITTED. 

Be it enacted, etc., as follows: 

Chapter 128 A of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 14 the following section: — Section ^ew'^^ui: 
I4B. The state secretary shall, in addition to subdivisions ^'^'^'"^■ 
A and B of the subdivided question provided for in section Question of 
fourteen, cause to be placed on the official ballot to be used hOTsl'races 
in the cities and towns of Berkshire county at the biennial f^irTTt*/ to 
state election in the year nineteen hundred and fifty-four, be'subm'i'tted 
and every fourth year thereafter, the following subdivided eVkshfre"^ 
question : — county. 

C. Sbill the pari-mutuel system of betting on 
hcensed horse races at county fairs be permitted 
in this county? 

If a majority of the votes cast in Berkshire county in 
answer to subdivision C are in the affirmative, said county 
shall be taken to have authorized the hcensing of horse races 
at county fairs therein at which the pari-mutuel system of 
betting shall be permitted. Approved May 18, 1953. 

An Act authorizing the city of quincy to increase C/iayD.390 

THE retirement ALLOWANCE OF JOSEPHINE T. ANGELO. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the pubUc good 
and discharging a moral obligation to Josephine T. Angelo, 
who, after fifteen years of loyal and selfless service in the 
water department of the city of Quincy, was compelled to 
retire because of partial loss of her eyesight, which she has 
since lost completely, the city of Quincy is hereby author- 
ized to increase the retirement allowance of said Josephine 
T. Angelo to an amount not in excess of one thousand dol- 
lars. 

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

Approved May 18, 1953. 

An Act authorizing the town of holden to lease C/iap. 391 

CERTAIN LAND. 

Be it enacted, etc., as follows: 

Section 1. The board of selectmen of the to^ii of Holden 
is hereby authorized to lease to the Congregational Church 
of Holden for a period of not more than fifty years, upon 
such terms and with such restrictions as said board deems 
advisable, that portion of the town common of said town of 
Holden, consisting of twenty-four thousand three hundred 
and fifty-two square feet more or less, and designated and 



280 Acts, 1953. — Chaps. 392, 393, 394. 

described on a plan dated September, nineteen hundred and 
fifty-two, and drawn by the Robinson Engineering Inc. of 
Worcester and entitled "Revised Plan of Land Requested by 
the Congregational Church of Holden from Inhabitants of 
the Town of Holden. ". 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of the town of Holden 
present and voting thereon at the next town meeting, but 
not otherwise. Approved May 18, 1953. 

Chap. 392 An Act providing for the payment by the common- 
wealth OF A SUM OF MONEY TO EDWARD R. KNUROW, 
A CONSERVATION OFFICER. 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of discharging a moral ob- 
Ugation, there shall be allowed and paid from the state 
treasury to Edward R. Knurow, a conservation officer in 
the department of conservation, the sum of one thousand 
dollars and ninety-one cents, which sum is due him under 
the provisions of section twenty-four of chapter seven hun- 
dred and eight of the acts of nineteen hundred and forty-one, 
as most recentlj^ amended by chapter two hundred and three 
of the acts of nineteen hundred and forty-seven. 

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

Approved May 20, 1953. 

Chap. 393 An Act designating a certain road in east boston as 

the GEORGE R. VISCONTI ROAD. 

Be it enacted, etc., as follows: 

The service road, so called, running from the corner of 
Bremen street to London street adjacent to and on the north 
side of the East Boston Expressway in the East Boston dis- 
trict of the city of Boston shall be kno^vn and designated as 
the George R. Visconti road, and suitable markers bearing 
said designation shall be erected thereon by the state de- 
partment of public works. Approved May 20, 1953. 

Chap. 394: An Act authorizing the town of methuen to appro- 
priate OR transfer and pay a sum of money to harry 

NOORIGIAN, FATHER OF JAMES NOORIGIAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obfi- 
gation, the town of Methuen is hereby authorized to appro- 
priate or transfer from available funds, and to pay, a sum 
of money not exceeding one hundred and sixty-five dollars 
to Harry Noorigian, father of James Noorigian, a student 
of the West school, who was injured while at unsupervised 
play in the playground of said school. 

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

Approved May 21, 1953. 



Acts, 1953. — Chaps. 395, 396, 397. 281 



An Act validating certain proceedings of the annual Chav.^95 

MEETING OF THE TOWN OF HARWICH. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the annual town meeting 
of the town of Harwich, adopted February eleventh, nine- 
teen hundred and fifty-three, appropriating four hundred 
and fifty thousand dollars for an addition to an elementary 
school, and authorizing the transfer of twenty thousand dol- 
lars from the excess and deficiency account and the issue 
of bonds of the town therefor in the amount of four hundred 
and thirty thousand dollars, are hereby validated, and said 
bonds may be issued accordingl5^ 

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

Approved May 21, 1953. 



An Act repealing certain provisions of law restricting (7/ia».396 

THE design and CONSTRUCTION OF THE JAMES J. STORROW 
MEMORIAL DRIVE. 

Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 262 of the acts of 1949 
is hereby repealed. 
Section 2. This act shall take effect upon its passage. 

Approved May 21, 1953. 

An Act clarifying the charges to employers' accounts Chap 397 

UNDER the employment SECURITY LAW. 

Be it enacted, etc., as follows: 

Chapter 151 A of the General Laws is hereby amended by g. l. (Ter. 
striking out section 14, as most recently amended by sec- § 14,' Itl, ' 
tion 5 of chapter 763 of the acts of 1951, and inserting in amended". 
place thereof the following section: — Section I4. Each em- Employers- 
ployer shall make contributions for each year at the appli- ^nde'r^he""^ 
cable rate or rates as set forth in this section on so much of employment 
his pay roll as is subject to this chapter; provided, that for regX^ed^''' 
the purposes of this section, the term "wages" shall not in- 
clude that part of remuneration which, after remuneration 
equal to three thousand dollars with respect to employment 
with such employer has been paid to an individual during 
any calendar year, is paid to such individual during such 
calendar year. 

I All contributions paid by employers shall be pooled and 

available to pay any benefits required under this chapter. 
The accounts hereinafter established and maintained are 

I book accounts for the calculation of the contributions to be 

' paid by each employer subject to this chapter. 

! (a) The following words and phrases as used in this sec- Definitions. 

! tion shall have the following meanings, unless the context 

1 clearly requires otherwise : — 



282 



Acts, 1953. — Chap. 397. 



Employer 
account. 



Charges and 
credits, 
determination 
of. 



(1) "Initial rate", if no rate of contribution under sub- 
section (i) of this section applies, each employer shall make 
contributions for each year at the rate of two and seven 
tenths per cent. 

(2) "Experience rate", the contribution rate which con- 
forms to the reserve percentage of an employer's account 
under subsection (i) of this section. 

(3) "Reserve percentage", in relation to an employer's 
account, the net balance of such account on a computation 
date stated as a percentage of the employer's total taxable 
pay roll for the period of twelve consecutive months ending 
on said computation date, and, in relation to the solvency 
account, the balance of said account on a computation date, 
as determined under subsection (/) of this section stated as 
a percentage of the total taxable pay rolls reported by all 
employers for the calendar year immediately preceding said 
computation date. 

(4) "Computation date", except as provided in subsec- 
tion (n) (4) of this section, the computation date will be 
September thirtieth of each year. 

(b) No employer shall be assigned an experience rate of 
less than two and seven tenths per cent with respect to any 
calendar year unless, as of the computation date applicable 
to such year: — 

(1) Benefits have been or could have been charged to the 
employer's account during each of the three consecutive 
twelve-month periods preceding such date; and 

(2) Such lower experience rate applies under subsection (z) 
of this section; and 

(3) Permitting him to pay such lower experience rate is 
consistent with the conditions applicable to additional credit 
allowance under section sixteen hundred and two (a) (1) of 
the federal unemployment tax act, as amended, any other 
provision of this chapter to the contrary notwithstanding. 

(c) The director shall establish an employer's account for 
each employer who is subject to this chapter and shall also 
maintain a solvency account. 

(d) The director shall determine the charges and credits 
to each employer's account, as follows : — 

(1) An amount equal to all contributions paid by an em- 
ployer shall be credited to his account as of the date when 
such contributions were paid; provided, however, that any 
such contributions paid during the month of October shall 
be credited as of the immediately preceding September 
thirtieth. 

(2) An amount equal to the amount of refunds paid to 
any employer in accordance with the provisions of section 
eighteen shall be charged to the employer's account as of 
the date when refunded. 

(3) An amount equal to the benefits provided in subsec- 
tions (a) and (6) of section twenty-nine and paid to each 
individual with respect to a benefit year shall be charged as 
of the date paid to the accounts of the employers who re- 



Acts, 1953. — Chap. 397. 283 

ported base period wages which were used to estabhsh such 
benefits. For the purposes of this subsection, such charges 
shall be made to the accounts of the most recent and next 
most recent employers in the inverse chronological order of 
the base period employment of the individual; provided, 
that whenever it is found that such individual was in em- 
ployment with two or more employers in any quarter of the 
base period and the order of such employment cannot be 
readily determined, the director shall prescribe the manner 
in which such charges "Vidll be made. Charges made to em- 
ployer accounts because of benefits which are later deter- 
mined to have been illegally paid shall be removed from the 
employer accounts and charged to the solvency account as 
of the date discovered, except that such charges shall not 
be so removed in any instance where the employer has failed 
to return notice of claim filed as required under the provisions 
of section thirty-eight. With respect to any claim filed, if 
any base period employer shall show to the satisfaction of 
the director that the worker became separated from his last 
employment with such employer for reasons which would 
have resulted in a denial of benefits to the worker under 
the provisions of section twenty-five (e) had such base period 
employer been his most recent employer, charges with respect 
to benefits paid to such a worker shall not be chargeable to 
such employer's account but shall be charged to the solvency 
account. 

(4) An amount equal to any amount required by opera- 
tion of subsection (j) of this section shall be charged to the 
employer's account. 

(e) The director shall determine the credits and charges solvency 
to the solvency account as follows : — f^^d, c^rges 

(1) An amount equal to all interest earnings or other rev- determination 
enue received by the fund which is not credited to employers' °^' 
accounts shall be credited as received to the solvency ac- 
count ; provided, however, that such interest or revenue re- 
ceived during the month of October shall be credited as of 

the immediately preceding September thirtieth. 

(2) Any plus or minus balance remaining to the credit of 
an employer's account after he has ceased to be subject to 
this chapter shall be charged or credited, as the case may be, 
to the solvency account; provided, that an amount equal 
to benefits thereafter paid based on wages reported by such 
employer shall be charged to the solvency account. 

(3) An amount equal to any amount charged to an em- 
ployer's account by operation of subsection (j) of this section 
shall be credited to the solvency account. 

(4) An amount equal to the amount of any restitution by 
an employee of benefits improperly paid to him, whether 
such restitution is in cash or in the form of offset against 
benefits otherwise due, shall be credited to the solvency ac- 
count when such restitution is made. 

(5) Whenever, as of any computation date, an employer's 
account has a negative reserve percentage of more than three 



284 Acts, 1953. — Chap. 397. 

per cent, the amount by which the negative balance of his 
account exceeds a negative reserve percentage of three per 
cent shall be credited to the employer's account and charged 
to the solvency account as of said computation date. 

(6) Whenever, as of any computation date, an employer's 
account has a reserve percentage of more than fifteen per 
cent, the amount by which the balance of his account ex- 
ceeds a reserve percentage of fifteen per cent shall be charged 
to the employer's account and credited to the solvency ac- 
count. 

(7) Any disbursements from the fund which are not 
chargeable to employer accounts shall be charged to the 
solvency account. 

(/) The balance of the solvency account as of any com- 
putation date shall be determined by the director after trans- 
ferring all sums in excess of a negative reserve percentage 
of three per cent, as provided in subsection (e) (5) of this 
section but before transferring any employer account bal- 
ances in excess of a reserve percentage of fifteen per cent as 
provided in subsection (e) (6) of this section. 

(g) The director shall make available to each employer 
and to the pubhc at least once a year a summary statement 
of the condition and classified transactions of the solvency 
account. 

(h) The total taxable wages required for the determina- 
tion of the experience rates shall' be determined not later 
than December thirty-first of each year. 

(1) The director shall determine each employer's total 
taxable wages for the twelve-months' period immediately 
preceding the appUcable computation date for the purpose 
of determining the employer's experience rate for the next 
succeeding calendar year. If it is found that any employer 
has not reported his taxable wages for any quarter pertinent 
to the determination, the total taxable wages for such quarter 
shall be determined by the director in such manner as he 
may prescribe. 

(2) For the purpose of determining the reserve percentage 
in the solvency account the director shall determine the total 
taxable wages in the commonwealth subject to this chapter 
during the calendar year previous to the applicable compu- 
tation date and shall prescribe the procedure and methods 
by which such total taxable wages shall be determined. 

(i) The contribution rate of each employer shall be two 
and seven tenths per cent of that part of his pay roll subject 
to this chapter, except as follows : — 

(1) If prior to or on October 1, 1953 the Unemployment 
Compensation Fund available for benefits becomes six per 
cent of total taxable wages as determined in subsection (h) (2) 
above, the experience rate of each employer shall be deter- 
mined in accordance with Schedule A for the calendar year 
1954. 



Acts, 1953. — Chap. 397. 



285 



Schedule A. 



Reserve Percentace 
(Per Cent). 


Experience Rate 
(Per Cent). 




2.7 




2.5 


6 but less than 6 5 ... 


2.3 




2.1 


7 but less than 7 5 


1.9 


7.5 but less than 8.0 


1.7 
1.6 


8 5 but less than 9 . . 


1.3 




1.1 


9 5 or more 


1.0 







(2) Whenever, as of any computation date after nineteen 
hundred and fifty-three the unemployment compensation 
fund available for benefits is less than five and one half per 
cent of total taxable wages as determined in subsection 
{h) (2) above, the experience rate of each employer for the 
ensuing calendar year shall be two and seven tenths per cent. 

(3) Whenever, as of any computation date after nineteen 
hundred and fifty-three the unemployment compensation 
fund available for benefits is equal to or exceeds five and 
one half per cent but is less than seven per cent of total 
taxable wages as determined in subsection (h) (2) above, 
the experience rate of each employer for the ensuing calendar 
year shall be determined in accordance with Schedule A. 

(4) Whenever, as of any computation date after nineteen 
hundred and fifty- three the unemployment compensation 
fund available for benefits is equal to or exceeds seven per 
cent of total taxable wages as determined in subsection 
(h) (2) above, the experience rate of each employer for the 
ensuing calendar year shall be determined in accordance with 
Schedule B. 

Schedule B. 



Reserve PERCENT.\.f;E 
(Per Cent). 


Experience Rate 
(Per Cent). 


Under 5.5 


2.7 


5 5 but less than 


6 




2.5 








2.3 




7.0 




2.1 


7 but less than 


7 5 




1.9 




8.0 




1.7 


8.0 but less than 
8 5 but less than 


8.5 
9 




1.5 
1 3 




9.5 




1.1 


9 5 but less than 


in n 




9 


10 but less than 10 5 


7 








0.5 



Acts, 1953. — Chap. 397. 

(5) If at any time during any quarter the Unemployment 
Compensation Fund available for benefits is less than four 
and one half per cent of total taxable wages as determined 
in subsection (h) (2) above, the experience rate for each em- 
ployer beginning mth the first day of the following quarter 
shall be two and seven tenths per cent. 

0) (1) Whenever, as of any computation date after Sep- 
tember thirtieth, nineteen hundred and fifty-two the re- 
serve percentage of the solvency account is more than one 
fourth of one per cent but less than one half of one per cent, 
an amount equal to three tenths of one per cent of the tax- 
able wages paid by an employer during the four consecutive 
quarters immediately preceding the computation date and 
including the quarter ending on said computation date shall 
be charged to the employer's account, providing the account 
balance is positive, and credited to the solvency account. 

(2) Whenever, as of any computation date after Sep- 
tember thirtieth, nineteen hundred and fifty-two the re- 
serve percentage of the solvency account is one fourth of one 
per cent or less, an amount equal to six tenths of one per 
cent of the taxable wages paid by an employer during the 
four consecutive quarters immediately preceding the com- 
putation date and including the quarter ending on said com- 
putation date shall be charged to the employer's account, 
providing the account balance is positive, and credited to 
the solvency account. 

(k) Whenever an individual is paid benefits for the first 
compensable week of unemployment with respect to his 
base period wages with any employer and because of such 
payment the account of such base period employer has been 
charged, as provided in paragraph (3) of subsection (d) of 
this section, the director shall promptly notify the employer 
whose account is charged by mailing him a form of notice 
identifjdng the employer, the payee, the period compen- 
sated, the total amount of the potential charge and the 
amount paid. If such employer has reason to believe that 
no charges with respect to such base period wages should be 
made to his account, he may return the said notice to the 
director with the reasons stated thereon within fifteen days 
after the mailing of said notice in accordance with the pro- 
cedure prescribed by the director. Failure to return said 
notice and reasons 'vidthin the time provided in this section, 
or failure in accordance wath the provisions of section thirty- 
eight to return the notice of claim filed which was given to 
him by the director or his authorized representative with 
respect to a claim filed by said worker in the base period or 
filed previously in the current benefit year, shall bar the em- 
ployer from being a party to further proceedings relating 
to such charge. The director or his authorized representa- 
tive shall promptly detei-mine, in accordance with the pro- 
cedure established by the director, and after making such 
inquiries and investigations as he deems necessary, whether 
or not such benefits should have been charged and shall 



Acts, 1953. — Chap. 397. 287 

promptly give notice of such determination, together with 
the reason therefor, to the employer. Such employer may, 
within twenty days after the date of mailing of notice of 
such determination, request that the director grant a hear- 
ing for the purpose of reconsidering the facts submitted and 
to consider any additional information. The director or his 
authorized representative shall conduct such hearing in ac- 
cordance with the procedure prescribed by the director, and 
shall affirm, modify or revoke the determination. Notice 
of his finding shall be mailed to the employer and this de- 
cision shall be final. 

(I) The director shall, promptly after the close of each 
calendar quarter, mail to each employer a statement showing 
the charges to the employer's account during such quarter. 
Any such employer may apply for a review of said charges 
provided that such application is filed within thirty days 
after the date of the maihng of the statement. Unless an 
employer properly files for such a review the charges as made 
will become final. 

(m) The contribution rate for each employer for a given 
calendar year shall be determined and the employer notified 
thereof as soon as practicable after the computation date, 
but in no event later than ten days prior to the due date of 
the first contribution of the year. Any such employer may 
apply to the director for a review as to the determination of 
his contribution rate provided that such application is filed 
within sixty days of the date of such determination. 

(n) (1) If the business of any employer is transferred, in 
whole or in part, to another employing unit, the transferee 
shall be deemed a successor for the purpose of this section; 
provided, that the portion of the business so transferred was 
operated by the transferring employer as a separate business 
enterprise the pay roll records of which were not commingled 
with those of other employing enterprises of such trans- 
ferring employer at any time during the three calendar 
years immediately preceding the date of transfer of such 
business. Under such conditions the transfer of any of the 
assets of an employer's business by any means whatever, 
otherwise than in the ordinary course of trade, shall be 
deemed a transfer of business and shall constitute the trans- 
feree a successor hereunder, unless the director, on his own 
motion or on appUcation of an interested party, finds that 
one or more of the following conditions exist : — 

(A) The transferee has not assumed any of the trans- 
feror's obhgations. 

(B) The transferee has not acquired any of the trans- 
feror's good will. 

(C) The transferee has not continued or resumed the 
business of the transferor, either in the same estabUshment 
or elsewhere. 

(D) The transferee has not employed substantially the 
same employees as those the transferor had employed in 
connection with the assets transferred. 



288 Acts, 1953. — Chap. 398. 

(2) The successor shall take over and continue the em- 
ployer's account, including its plus or minus balance and all 
other aspects of its experience under this chapter, in pro- 
portion to the pay roll or employees assignable to the trans- 
ferred business as determined for the purposes of this chap- 
ter by the director. The successor shall be secondarily 
Uable for any amounts owed by the employer to the fund 
at the time of such transfer; but such Uability shall be pro- 
portioned to the extent of the transfer of business and shall 
not exceed the value of the assets transferred. 

(3) The account taken over by the successor employer 
shall remain Uable with respect to accrued benefits and re- 
lated rights based on employment in the transferred busi- 
ness, and all such employment shall be deemed employment 
performed by such employer. 

(4) The experience rates applicable with respect to the ac- 
counts of the successor employer and the transferring em- 
ployer shall be respectively determined or redetermined as of 
the next preceding computation date; except, that, for the 
purposes of this subsection if the date of transfer occurs 
more than six months later than the next preceding compu- 
tation date, the computation date shall be deemed to be 
the thirty-first of March next previous to the date of transfer. 
Such rates shall apply from the date of transfer of the busi- 
ness until the close of the current calendar year and shall 
thereafter be determined whenever required by subsection (I) 
of this section as follows : — for the purposes of subsection 
(J) of this section the director shall determine the experience 
of the successor employer's account and of the transferring 
employer's account by allocating to the successor employer's 
account for each pertinent period the proportion of the trans- 
ferring employer's pay roll which the director determines to 
be properly assignable to the business transferred. 

(5) The provisions of this subsection shall not apply where 
an employer acquires the employing enterprise of another 
employing unit. Approved May 21, 1953. 

Chap.S98 An Act authorizing the city of attleboro to pension 

WILLIAM MARSHALL, CITY TREASURER OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of his long and meritorious serv- 
ice, the city of Attleboro is hereby authorized to retire 
William Marshall, city treasurer of said city, on a pension 
of not more than sixteen hundred dollars. 

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

Approved May 21, 1953. 



Acts, 1953. — Chaps. 399, 400, 401. 289 



An Act authorizing the city of newburyport to pen- Chap. 399 

SIGN GEORGE H. LAWLER, A PATROLMAN IN THE POLICE 
DEPARTMENT OF SAID CITY. 

Be it enacted, etc., as foUovJs: 

Section 1. For the purpose of promoting the public 
good, the mayor of the city of Newburyport, with the 
approval of the city council of said city, shall forthwith re- 
tire, on an annual pension to be paid by said city in monthly 
instalments, George H. Lawler, a patrolman in the police 
department of said city who is totally disabled by reason of 
excruciating injuries sustained by him when shot while in 
the performance of duty. Such pension shall be at the same 
annual rate as the compensation payable to him at the time 
of his retirement. 

Section 2. Upon the retirement of said George H. 
Lawler under this act, the retirement board of said city shall 
forth^vith pay to him all amounts standing to his credit in 
the annuity savings fund of the retirement system of said 
city. 

Section 3. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city, subject to 
the provisions of its charter, but not otherwise. 

Approved May 21, 1953. 

An Act excluding certain officers and employees of Chap. ^00 
the commonwealth from the provisions of law re- 
quiring COMPENSATION IN LIEU OF TIME OFF ON CERTAIN 
LEGAL HOLIDAYS. 

Be it enacted, etc., as follows: 

Section 24 A of chapter 30 of the General Laws, as most S^V•iJ'''■• 
recently amended by chapter 498 of the acts of 1948, is § 24A, etc., 
hereby further amended by adding at the end the following: amended. 
— ; and provided, further, that this section shall not apply Compensation 
to elected officers, appointees of the governor, heads of de- CfficwJ'Lnd 
partments and divisions, superintendents or wardens of r^^|°ter' 
mental health, public health, pubhc welfare or correctional 
institutions. Soldiers' Home in Massachusetts, Soldiers' 
Home in Holyoke and agencies under the jurisdiction of the 
youth service board, or to presidents of educational insti- 
tutions. Approved May 21, 1953. 

An Act extending the waiting period and postponing C/?ap.401 

BENEFIT payments UNDER THE EMPLOYMENT SECURITY 
LAW IN THE CASE OF CERTAIN INDIVIDUALS WHO VOLUN- 
TARILY QUIT WORK WITHOUT CAUSE OR ARE DISCHARGED 
FOR CAUSE. 

Be it enacted, etc., as follows: 

Section 25 of chapter 151A of the General Laws is hereby §^^{JfX' 
amended by striking out subsection (e), as amended by sec- §25,' etc., ' 



290 



Acts, 1953. — Chaps. 402, 403. 



Waiting 
period, 

extended and 
benefit pay- 
ments, post- 
poned in 
certain cases. 



tion 9 of chapter 763 of the acts of 1951, and inserting in 
place thereof the following subsection : — 

(e) For the period of unemployment next ensuing and 
until the individual has had at least four weeks of work in 
employment subject to this chapter and in each of said 
weeks has earned an amount equivalent to or in excess of 
his weekly benefit amount after he has left his work (1) with- 
out good cause attributable to the employing unit or its 
agent, (2) by discharge shown to the satisfaction of the 
director to be attributable solely to deliberate misconduct in 
wilful disregard of the employing unit's interest, or (3) be- 
cause of conviction of a felony or misdemeanor. 

For the purpose of this subsection, whenever a disqualifi- 
cation has been imposed and an individual has not completed 
four weeks of work, the disqualification shall be deemed 
satisfied if such individual can establish to the satisfaction 
of the director that he left his employment to accept new 
bona fide employment on a permanent full-time basis and 
that he became separated from such new employment for 
good cause attributable to the new employing unit. 

Approved May 21, 1953. 



ChapA02 An Act to authorize cities and towns to require 

OWNERS OF certain EXCAVATED LAND TO ERECT BARRIERS 
OR TAKE OTHER SAFETY MEASURES. 

Be it enacted, etc., as follows: 

Section 21 of chapter 40 of the General Laws is hereby 
amended by inserting after paragraph (18), inserted by 
chapter 594 of the acts of 1952, the following paragraph: — 

(19) For requiring owners of land which has been exca- 
vated by the removal of clay, to erect barriers, or to take 
other suitable measures to protect persons from damages 
incident thereto. The penalty for violation of any ordinance 
or by-law made hereunder shall be as follows : — for the 
first offence, fifty dollars; for the second offence, one hun- 
dred dollars; and for each subsequent offence, two hundred 
dollars. Approved May SI, 1953. 



G. L. (Ter. 
Ed.), 40, 
§ 21, etc., 
amended. 

Erection of 
barriers to 
certain ex- 
cavated land, 
required. 

Penalty. 



Chap. 



403 An Act authorizing the county commissioners of the 

COUNTY of HAMPDEN TO PROVIDE ADEQUATE ELEVATOR 
ACCOMMODATIONS AND FACILITIES FOR THE SUPERIOR 
COURT BUILDING AT SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate ele- 
vator accommodations and facilities, the county commis- 
sioners of the county of Hampden may install and furnish 
and equip the superior court building in the city of Spring- 
field with an elevator. 

Section 2. For the purpose aforesaid, the treasurer of 
said county, wath the approval of the county commissioners, 
may borrow upon the credit of the county such sums as 



Acts, 1953. — Chaps. 404, 405. 291 

may be necessary, not exceeding fifty thousand dollars, and 
may issue bonds and notes of the county therefor, which 
shall bear on the face the words, Hampden County Superior 
Court Building Elevator Loan, Act of 1953. Each author- 
ization issued shall constitute a separate loan and such loans 
shall be payable in 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 
commissioners. The county may sell the said securities at 
private or public sale upon such terms and conditions as 
the county commissioners may deem proper, but not for 
less than their par value. Indebtedness hereunder shall, ex- 
cept as herein provided, be subject to chapter thirty-five of 
the General Laws. The county treasurer, with the approval 
of the county commissioners, may issue temporary notes of 
the county payable in not more than one year from their 
date in anticipation of serial bonds and notes under this act, 
but the time within which such serial bonds and notes shall 
become due and payable shall not, by reason of such tem- 
porary notes, be extended beyond the time fixed by this act. 
Any notes issued in anticipation of the serial bonds or notes 
shall be paid from the proceeds thereof. 

Section 3. This act shall take full effect upon its ac- 
ceptance within two years by the county commissioners of 
Hampden county, but not other^Anse. 

Approved May 21, 196S. 

An Act providing for the certification of donald j. nhf,^ ac\a 

KILLAM AS A HIGHWAY REPAIR FOREMAN IN THE DEPART- ^' 

ment of public works. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make its provisions effective P""eambie. 
forthwith, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
pubHc convenience. 

Be it enacted, etc., as follows: 

Donald J, Killam, who was number one on the eligible 
list for promotion to highway repair foreman. District 5, 
in the state department of public works, when it expired on 
December fifteenth, nineteen hundred and fifty-two, while 
an official requisition to fill a permanent vacancy in Dis- 
trict 5 was being processed, but which was not received by 
the division of civil service until December thirtieth, nine- 
teen hundred and fifty-two, shall be certified for said posi- 
tion on requisition #31564 as though said list were still in 
existence. Approved May 25, 1958. 

An Act providing for the recording of liens for labor f 7,y,^ 4nc 

AND notices of CONTRACT BY THE REGISTERS OF DEEDS. '"'""P-'*^*^ 

Whereas, The deferred operation of this act would pre- Emergency 
vent it from taking effect on the date provided therein for p^'eambie. 



292 



Acts, 1953. — Chap. 406. 



G. L. (Ter. 
Ed.). 254, 
new § 30, 
added. 

Recording of 
certain liens 
and notices. 



Effective date. 



its taking effect, 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 254 of the General Laws is hereby 
amended by adding at the end the following section : — Sec- 
tion 30. All liens for labor and notices of contract, and 
instruments pertaining thereto, filed as provided for in this 
chapter, shall be recorded by the register of deeds, who shall 
enter the names of the parties affected thereby in the grantor 
and grantee indexes. 

Section 2. This act shall take effect on July first, nine- 
teen hundred and fifty-three. Approved May 25, 1953. 



Chap.4t06 An Act providing for state conventions of political 

PARTIES FOR THE ENDORSEMENT FOR NOMINATION OF 
CANDIDATES FOR OFFICES TO BE FILLED BY ALL THE VOTERS 
OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 52 of the General Laws, 
as amended by section 1 of chapter 337 of the acts of 1941, 
is hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentence : — 
The state committee shall fix the number of delegates to 
the state convention in accordance with section fifty-four 
of chapter fifty-three, to be chosen by the ward and town 
committees. 

Section 2. Section 2 of chapter 53 of the General Laws, 
as most recently amended by section 2 of said chapter 337 
of the acts of 1941, is hereby further amended by inserting 
after the word "provides", in line 4, the words: — and ex- 
cept as provided in section fifty-four, — so as to read as 
follows : — Section 2. Except in the case of municipal nom- 
inations where a city charter or a law applying specially to 
a particular town otherwise provides and except as pro- 
vided in section fifty-four, candidates of political parties 
for all elective offices, except presidential elector, shall be 
nominated, and delegates and alternate delegates to national 
conventions and members of political committees, except 
as provided in sections one and four of chapter fifty-two, 
shall be elected, in primaries or caucuses, and the nomina- 
tion of any party other than a political party, in any district 
containing more than one ward or town, shall be made by 
a convention of delegates chosen by caucuses held under 
section one hundred and seventeen in the wards and towns 
of the district for which the nomination is to be made. All 
nominations and elections in primaries and caucuses shall be 
by direct plurality vote. No candidates shall be nominated, 
and no member of a political committee or convention dele- 
gate elected, in any other manner than is provided in this 
chapter or chapter fifty-two. 



G. L. (Ter. 
Ed.), 52, § 9, 
etc., amended. 



State com- 
mittee to fix 
number of 
delegates to 
state 
conventions. 

G. L. (Ter. 
Ed.), 53, § 2, 
etc., amended. 



Nominations, 
how made. 



Acts, 1953. — Chap. 406. 293 

Section 3. Said chapter 53 is hereby further amended by g. l. (Ter. 
striking out section 34, as most recently amended by sec- fai.'eu;'., 
tion 13 of cliapter 33i of the acts of 1943, and inserting in amended. 
place thereof the following section : — Section 34. At the Ballots. 
top of each ballot shall be printed the words "Official ballot arrangement 
of the (here shall follow the party name) ". On the back of f names, 
each ballot when folded shall be printed the same words, fol- °™' 
lowed by the number of the precinct and ward or the name 
of the town for which the ballot is prepared, the date of the 
primary and for state primaries a facsimile of the signature 
of the state secretary and for city or town primaries a fac- 
simile of the signature of the city or town clerk. Names of 
candidates for each elective office shall be arranged alpha- 
betically according to their surnames except as otherwise 
provided. Names of candidates to be voted for by all the 
voters of the commonwealth, endorsed for nomination by 
a state convention, shall be placed first. Next in order the 
names of candidates for such offices of which they are the 
elected incumbents and next the names of all other candidates 
for such offices in alphabetical order. 

Names of candidates for nomination for all other offices 
to be voted for at a state primary of which they are the 
elected incumbents shall be placed first in alphabetical 
order and names of other candidates shall follow in like 
order. 

Names of candidates for state committees shall be ar- 
ranged in accordance with the provisions of section seven- 
teen A. 

Names of candidates for ward or town committees and for Arrangement 
delegates to national conventions shall be arranged in regu^iat^d' 
groups in such order as may be determined by lot, under the 
direction of the state secretary, who shall notify each state 
committee and give a representative of each such committee 
an opportunity to be present. When necessary, groups 
may be printed on the ballot in two or more columns. 

Against the name of a candidate for an elective office, 
for delegate or alternate delegate to a national convention, 
for a ward or town committee, or for state committee, shall 
be printed the street and number, if any, of his residence. 

Against the name of a candidate for an elective office shall 
be printed the statement contained in the nomination paper 
placing him in nomination, or, if endorsed for nomination 
by a state convention, the statement, "Endorsed by (name 
of pofitical party) convention", together with the eight 
word statement authorized by section forty-five, except 
where vacancies caused by death, withdrawal or physical 
disabihty are filled. 

Except where vacancies caused by death, withdrawal or 
physical disabihty are filled, no names shall be printed on a 
ballot other than those endorsed for nomination by state 
conventions and those presented on nomination papers. 
Immediately following the names of candidates on ballots 
at city and town primaries, blank spaces equal to the num- 



294 



Acts, 1953. — Chap. 406. 



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

Grouping of 

wards, 

precincts, for 

state 

primaries, 

regulated. 



G. L. (Ter. 
Ed.), 53, § 44, 
etc., amended. 



Nomination 
of candidates 
for state- 
wide offices, 
regulated. 



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

Last day for 
filing certain 
nomination 
papers, 
established. 



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



ber of persons to be chosen shall be provided for the in- 
sertion of other names. Immediately following the names 
of candidates on ballots at state and presidential primaries, 
where there are fewer names than there are persons to be 
chosen, blank spaces shall be provided, equal in number to 
the deficiency, for the insertion of other names. 

The number of persons to be voted for for the different 
offices shall be stated on the ballot. 

The form of ballots and the arrangement of printed matter 
thereon shall be in general the same as that of the official 
state ballots, except as otherwise provided in this chapter. 

Section 4. Said chapter 53 is hereby further amended 
by striking out section 42, as most recently amended by 
section 1 of chapter 373 of the acts of 1938, and inserting in 
place thereof the following section : — Section 1^-2. In cities 
or towns where the aldermen or selectmen determine the 
question of holding state primaries by wards, precincts or 
groups of precincts, they shall give notice of their deter- 
mination to the state secretary on or before June first; ex- 
cept that in the case of primaries before special elections 
they shall give such notice at least twenty-one days before 
the primaries. 

Section 5. Said chapter 53 is hereby further amended 
by striking out section 44, as most recently amended by 
chapter 221 of the acts of 1952, and inserting in place thereof 
the following section: — Section Jf^- The nomination of 
candidates for nomination at state primaries shall be by 
nomination papers or by endorsement for nomination by 
state convention as provided in section fifty-four. In the 
case of offices to be filled by all the voters of the common-- 
wealth, nomination papers shall be signed in the aggregate 
by at least twenty-five hundred voters, not more than five 
hundred of the total number required to be from any one 
county. Such papers for all other offices to be filled at a 
state election shall be signed by a number of voters equal 
in the aggregate to five voters for each ward and each town 
in the district or county, but in no case shall more than two 
hundred and fifty be required. 

Section 6. Section 48 of said chapter 53, as most recently 
amended by chapter 332 of the acts of 1951, is hereby fur- 
ther amended by striking out the first paragraph and in- 
serting in place thereof the following paragraph : — All 
nomination papers of candidates to be voted on at state and 
presidential 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. 

Section 7. Said chapter 53 is hereby further amended 
by striking out section 54, as most recently amended by sec- 
tion 11 of chapter 337 of the acts of 1941, and inserting in 
place thereof the following: — 



Acts, 1953. — Chap. 406. 295 



PROVISIONS APPLYING TO PRE-PRIMARY CONVENTIONS. 

Section 54- Beginning in the year nineteen hundred and Pre-primary 
fifty-four, a political party shall, upon the call of its state ''°"''®° '°°- 
committee, but not later than June fifteenth, in a year in 
which a biennial state election is held, hold a state conven- 
tion for the purpose of adopting a platform, electing such 
number of members at large of the state committee as may 
be fixed by the convention, nominating presidential electors 
in those years in which a United States president is to be 
chosen and endorsing for nomination candidates for ofliees 
to be filled by all the voters of the commonwealth, to be 
voted for at the ensuing state primary, and for such other 
purposes consistent with law as the convention may deter- 
mine. Such convention shall consist of delegates chosen by 
the ward and town committees. The number of delegates Delegates, 
shall be one from each ward and town and one additional how chos°en 
for every one thousand votes or major fraction thereof cast 
at the preceding biennial state election, in such ward or town, 
for the respective party's candidate for governor. Each such 
ward or town committee desiring representation at such con- 
vention shall, within fourteen days after a meeting duly 
called for the piu'pose of selecting a delegate or delegates, 
notify the respective city committee, in the case of a city, 
or the state committee, in the case of a town, but in no case 
shall such notice be given less than fourteen days prior to the 
date appointed for the opening of such convention. No 
vacancy shall be filled for any reason. Nothing herein con- 
tained shall aft'ect or diminish the operation of the laws re- 
lating to state primaries contained in sections forty-one to 
fifty-three A, inclusive. 

Section 8. Said chapter 53 is hereby further amended %^^- ^J^^- 
by inserting after section 54 the two following sections: — new§§54C- 
Section 640. Every certificate of nomination of candidates ^^°'. ^^^^'^' 
endorsed for nomination by a state convention shall state ofendowt 
that the nominee has been endorsed for nomination at such ^^f*" contents, 
convention and shall include such facts as are required by 
section eight. Such certificates shall be signed, sworn to 
and filed as required by section five. 

Each such candidate shall, within ten days from the day Filing of 
when the convention terminates, file with the state secretary TJceptance of 
his written acceptance of the nomination, otherwise his pand^dat 
name shall not be printed on the ballot as a candidate for "''" ' "" ^" 
the office to which he was nominated, and he may add the 
eight-word statement authorized by section forty-five. Such 
candidate may not withdraw such acceptance. 

Section 54D- Delegates shall be seated in groups by sena- Conduct of 
torial districts as determined by the state committee. The conTe'^tions, 
convention shall be called to order by the chairman or acting regulated, 
chairman of the state committee, or in the absence of either, 
then by a person designated in such manner as the rules of 
the party shall prescribe. The person who calls the con- 
vention to order shall preside until the election of a permanent 



296 



Acts, 1953. — Chap. 406. 



Permanent 
chairman and 
secretary, 
election of. 



Penalty for 

corrupt 

practice. 



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



FUling of 
certain 
vacancies, 
regulated. 



chairman. He shall appoint a temporary secretary to re- 
ceive the roll of the convention and a monitor from each 
group who shall receive the credentials of delegates and 
present them to the temporary secretary. 

The convention shall not proceed to the election of a per- 
manent chairman or transact any business until the time 
fixed for the opening thereof, nor until a majority of the 
delegates named in the official roll shall be present. It shall 
then elect from among its delegates a permanent chairman 
and a permanent secretary, neither of whom shall be an 
officer of the state committee, and shall complete its organiza- 
tion. It shall make suitable rules for the conduct of its busi- 
ness, the order of which shall follow the purposes of the 
convention as stated in section fifty-four. The permanent 
secretary shall keep the records of the convention and trans- 
mit the same to the state secretary who shall retain them 
for a period of one year. 

The permanent chairman and permanent secretary shall 
be chosen upon a call of the official roll. Committees of the 
convention shall be appointed by the convention, or by the 
permanent chairman, as the convention may order. When 
the vote of the convention is taken upon the election, nomina- 
tion or endorsement for nomination of any candidate, the 
roll of the delegates shall be called and each delegate when 
his name is called shall arise in his place and announce his 
choice, except that when there is only one candidate to be 
voted for, the roll need not be called, and except also that 
the monitor of a group, unless a member of the group ob- 
jects, may announce the vote of such group. 

A delegate to a pre-primary convention who corruptly re- 
quests or accepts a gift or gratuity under an agreement or 
with an understanding that his vote shall be given for any 
particular candidate or any person who offers such a gift 
or gratuity with such understanding or agreement shall be 
punished by a fine of not more than five hundred dollars or 
by imprisonment for not more than thirty days or both. 

Section 9. Section 700 of said chapter 53 is hereby 
amended by inserting after the first paragraph, as appearing 
in section 21 of chapter 473 of the acts of 1938, the two fol- 
lowing paragraphs : — 

In case of the death, withdrawal or ineligibihty of a can- 
didate for state committee, the vacancy may be filled as 
provided in section forty-nine. 

In case of the death, withdrawal or inehgibility of a candi- 
date for a ward or town committee, the vacancy may not be 
filled but members may be added as provided in section four 
of chapter fifty-two. Approved May 25, 1958. 



Acts, 1953. — Chap. 407. 297 



An Act changing the name of the lowell textile QJiq^^ 497 
institute to the lowell technological institute of ^ ' 
massachusetts and making certain changes in the 
powers of said institute, and the administration 

THEREOF. 

Whereas, The deferred operation of this act would tend ^^Tambie''^ 
to defeat its purpose, which is, in part, to forthwith change 
the name of and to make certain changes in the administra- 
tion of the Lowell Textile Institute, 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. The name of the Lowell Textile Institute is change of 
hereby changed to the Lowell Technological Institute of ''*™^- 
Massachusetts. 

Section 2. Chapter 74 of the General Laws is hereby g. l. (Ter. 
amended by striking out sections 47, 47A, 47B, 47C, 47D, ^ertaj^t'e^. 
47E, 47F, 47G and 48, and the caption preceding section tions 

,,j stricken out. 

Section 3. The General Laws are hereby amended by g. l. (Xer. 
inserting after chapter 75 the following chapter: — dfapte/TSA 

added. 

Chapter 75A. 
Lowell Technological Institute of Massachusetts. 

Section 1. The Lowell Technological Institute of Mas- Loweii 
sachusetts, hereinafter referred to as the institute, shall be lifs'tu^u/e oT^ 
maintained by the commonwealth for the purpose of giving Massachusetts. 
instruction in the theory and practical arts of textiles, paper, 
leather, plastics, electronics and other appropriate related 
curricula which shall be estabhshed from time to time to 
include such scientific, technological, and other studies as 
may be deemed desirable by the institute's board of trustees. 

Section 2. The institute may have a common seal which common seal 
may be altered by the board of trustees of said institute. °^ institute. 

Section S. All accounts for maintenance and for expendi- Accounts. 
tures under special appropriations shall be approved by the 
trustees, or, if the trustees shall so vote, by the president 
or by some other designated alternate, or a member of the 
board of trustees, appointive or ex officio, and shall be filed 
with the comptroller. Copies of the pay rolls and bills shall 
be kept at the institute. 

Section 4- All receipts from student activities shall be Receipts from 
retained by the trustees in a revolving fund or funds and activities. 
shall be expended as the trustees shall direct in furthering regulated. 
the activities from which the receipts were derived; pro- 
vided, that the foregoing shall not authorize any action in 
contravention of the requirements of section 1 of Article 
LXIII of the amendments to the constitution. The said 
fund or funds shall be subject to annual audit by the state 
auditor. 



298 



Acts, 1953. — Chap. 407. 



Accounting 
of receipts 
and 
expenditures. 



Trustees, 
meetings, 
notice. 



Management 
of and 

investment in 
certain trusts. 



Management 
of institute 
property. 



Annual report 
of trustees. 



Degree 



Election of 
officers. 



Section 5. A complete accounting of receipts and ex- 
penditures shall be made to the governor annually. Monthly 
statements of receipts and expenditures shall be made to the 
comptroller by the president or his designated alternate, 
who shall keep complete records and files of pay rolls and 
bills in his office. The term "receipts" as hereia used shall 
include all federal grants received by the trustees. 

Section 6. The trustees shall determine the time and 
place of their meetings and the manner of giving notice 
thereof. 

Section 7. The trustees shall make all rules, regulations, 
and by-laws consistent with law, with reasonable penalties, 
for the government of the institute. 

Section 8. The trustees shall administer property held in 
accordance with special trusts, and shall also administer 
grants or devises of land and gifts or bequests of personal 
or real property made to the commonwealth for the use of 
the institute and execute certain trusts, investing the pro- 
ceeds thereof in notes or bonds or property secured by suf- 
ficient mortgages or other securities. 

Section 9. The trustees shall, on behalf of the common- 
wealth, manage and administer the institute property, real 
and personal, belonging to the commonwealth and occupied 
or used by the institute, and shall keep in repair, houses, 
buildings, equipment so used or occupied. 

Section 10. The trustees shall annually make a report for 
the institute, which, with appendices, may be printed in six 
parts, as follows : — 

1. The report of the trustees. 

2. The report of the president and other officers of ad- 
ministration. 

3. The catalogue of the institute. 

4. The report of the director of the Lowell Technological 
Institute of Massachusetts Research Foundation and its 
other ofiicers. 

5. The detailed reports of the evening division and other 
divisions or agencies of the institute. 

6. The resources of the institute, its courses and method 
of instruction, the number of its teachers and students dur- 
ing the preceding school year, and the number of its grad- 
uates. 

Section 11. The trustees may confer such appropriate de- 
grees as they shall determine and prescribe. 

Section 12. The trustees shall elect the president, the 
necessary professors, tutors, instructors, teachers and other 
officers and assistants of the institute and shall define the 
duties and tenure of office in accordance with the appropri- 
ate laws of the conmionwealth. 

Section 13. The trustees may insure the buildings of the 
institute and their contents in such amounts as they deem 
sufiicient. 

Section 11^. The trustees may fix the rates of tuition to 
be charged by the institute, but the yearly tuition for day 



Acts, 1953. — Chap. 407. 299 

school students who are non-residents of the commonwealth 
shall not be less than one hundred and fifty dollars. 

Section 15. The trustees shall establish a division to be Establishment 
called the Evening Division, Lowell Technological Institute divis?on°^ 
of Massachusetts, to be conducted under their direction, and authorized. 
in which shall be given such evening instruction in the theory 
and practical arts of textiles, paper, leather, plastics, elec- 
tronics, and any related scientific or technological subjects 
as they deem appropriate. 

Section 16. A teacher at the institute who has served as Leaves of 
such at the institute for at least seven years after entering ceSn*" ^"'^ 
such service, or, if a leave of absence has previously been teachers, 
granted to him hereunder, after the termination of the last *''*''°'""'''^- 
such leave, may, upon written recommendation of the presi- 
dent of the institute be granted by the board of trustees a 
leave of absence, for study and research, for a period of one 
year at half pay or for a period of a half year at full pay for 
such period; provided, that prior to the granting of such 
leave said teacher shall enter into a written agreement with 
the board of trustees of said institute; that upon the termi- 
nation of such leave he will return to the service of the insti- 
tute and serve as a teacher at that institute for a period 
equal to twice the length of such leave; and that, in default 
of completing such service, he will refund to the common- 
wealth, unless excused therefrom by the board of trustees 
for reasons satisfactory to it, an amount equal to such pro- 
portion of the salary received by him while on leave as the 
amount of service not actually rendered as agreed bears to 
the whole amount of service agreed to be rendered. 

Section 17. The institute is hereby authorized and di- common- 
rected to grant certain scholarships, to be known as the "cITdkrshi s 
commonwealth scholarships, subject to appropriations made 
for said purpose, based on marks received in entrance or 
other appropriate examination, to worthy students who are 
residents of the commonwealth, possess the requisite ability, 
and are in need of financial assistance. Such scholarships 
shall be recommended by the committee on scholarships, the 
members of which shall be appointed by the board of trustees 
of the institute for such terms as the board may deem ad- 
visable, and said scholarships shall be approved and awarded 
by the board of trustees. The number of scholarships to be 
awarded by the committee shall be not more than ten in 
each of the four undergraduate years, and no individual 
scholarship shall exceed two hundred and fifty dollars in any 
year. A scholarship shall continue for such time as the re- 
cipient thereof remains a student in good standing at the 
institute, but in no event shall any student receive such 
scholarship aid for more than four years. 

Section 18. The city of Lowell may annually provide for Scholarships 
not more than ten four-year day scholarships at the institute cit7'o'f''Lo^eU 
for residents of the city of Lowell, the sum so required to be 
raised by taxation. 

Section 19. Subject to section twenty the trustees may, Leases of 



300 



Acts, 1953. — Chap. 407. 



property by 

trustees, 

authorized. 



Approval. 



Taxation by 
city of Lowell, 
permitted. 



Employment 
of students, 
authorized. 



in the name of and for the commonwealth, lease to any pro- 
fessor, instructor, teacher or employee of said institute, or 
to any society, association or fraternity established thereat, 
land in the city of Lowell owned by the commonwealth, for 
the erection and maintenance of suitable dwellings thereon, 
at the sole expense of the lessee and for the lessee's use and 
occupancy. Not more than one half an acre shall be so 
leased to any one such person or organization. Such leases 
shall contain such written terms, conditions, restrictions and 
reservations as the parties agree upon. 

Section 20. No lease under section nineteen shall become 
operative until it is approved by the governor and council. 

Section 21. The lessee and his assignees shall be hable to 
taxation upon any building erected on land leased under 
section nineteen to the extent of its value as determined by 
the assessors of the city of Lowell. 

Section 22. The trustees shall make just and reasonable 
provision for the employment of students at the institute 
for manual labor and certain skilled labor consistent with 
the institute's needs. 



Lowell 

Technological 

Institute of 

Massachusetts 

Research 

Foundation. 



LOWELL TECHNOLOGICAL INSTITUTE OF MASSACHUSETTS RE- 
SEARCH FOUNDATION. 

Section 23. The institute may estabUsh and manage, 
under such regulations as the board of trustees may from 
time to time prescribe, the Lowell Technological Institute of 
Massachusetts Research Foundation, for the purpose of pro- 
moting research at the institute by obtaining, administering 
or disposing of patents or inventions resulting from such 
research or otherwise and devoting the income therefrom to 
further research, beneficial to the institute and to the com- 
monwealth. 

The Lowell Technological Institute of Massachusetts Re- 
search Foundation may (1) receive and hold in separate 
custody gifts, bequests and devises of real or personal prop- 
erty; (2) receive and hold in separate custody compensation 
or reimbursement resulting from inventions, patents, con- 
tractual or other research, the conducting of tests for outside 
agencies or other funds that may be acceptable to the foun- 
dation; (3) disburse funds so acquired for purposes of in- 
struction, research, tests, invention, discovery, development 
or engineering consistent herewith; (4) obtain, administer 
and dispose of patents, assigimients, grants, Hcenses or other 
rights and hold the same in separate custody; (5) make as- 
signments, grants, hcenses, or other disposal, equitably in 
the public interest, of any rights owned, acquired or con- 
trolled by the Foundation in or to inventions, discoveries, 
patent apphcations or patents, and to charge therefor and 
collect and to incorporate in funds in the custody of the 
Foundation reasonable compensation in such form as the 
board of trustees may determine; and (6) execute contracts 
with employees or others for the purpose of carrying out the 



Acts, 1953. — Chap. 407. 301 

provisions hereof and permitting such employees or others to 
share in the net proceeds of such contracts as the board of 
trustees shall determine. 

The foregoing shall not authorize any action in contra- 
vention of the requirements of section 1 of Article LXIII 
of the amendments to the constitution. The funds of said 
Foundation shall be subject to annual audit by the state 
auditor. No activities, specified in the foregoing, shall be 
undertaken by said Foundation which in the opinion of the 
board of trustees will be hkely to interfere with the regular, 
efficient and proper exercise of the functions of said institute. 
In conducting contractual or other research, tests or similar 
activities, said Foundation shall give preference to citizens 
of and to corporations organized under the laws of the com- 
monwealth. 

The board of trustees shall prescribe and enforce such 
regulations as it may deem necessary, with regard to the 
ownership of inventions developed with the use of facilities 
of the institute by students, research fellows, staff members, 
faculty or other persons, the transfer of such inventions, or 
patent applications or patents resulting therefrom, to the 
Foundation, the amount of the respective shares of the in- 
ventor, the institute, and the Foundation in the proceeds 
therefrom, and the arbitrating of any and all disagreements 
involving the same. 

Section 2^. The director may from time to time publish Publication 
in reports, bulletins, special circulars or otherwise, the results etc^au'thor- 
of special studies or research or analysis of general interest i^ed. 
and value to the industries represented at or interested in 
the institute. 

Section 4. Section 4 of chapter 15 of the General Laws, g. l. (Xer. 
as most recently amended by section 2 of chapter 585 of the ftc'^'amendtd 
acts of 1952, is hereby further amended by adding after the 
word "seventy-five", in hne 18, the words: — or the powers 
of the trustees of the Lowell Technological Institute of Mas- 
sachusetts as set forth in chapter seventy-five A. 

Section 5. Section 19 of said chapter 15, as most re- g. l. (Xer. 
cently amended by section 3 of chapter 344 of the acts of Jtc'^'amMded 
1947, is hereby further amended by striking out, in line 5, • ™'' *= • 
the words "textile institute" and inserting in place thereof 
the words : — technological institute of Massachusetts. 

Section 6. Said chapter 15 is hereby further amended g. l. (Ter. 
by striking out section 24, as appearing in the Tercentenary amended. ^^' 
Edition, and the caption preceding said section, and inserting ^d^d.'*''*'°° 
in place thereof the following caption and section : — 



LOWELL technological INSTITUTE OF MASSACHUSETTS 

TRUSTEES. 

Section £4- There shall be a board of trustees for the Board of 
Lowell Technological Institute of Massachusetts consisting of *'""^^^®^- 
fifteen appointive members and the conmiissioner of educa- 
tion and the mayor of Lowell, as ex officiis members. At 



302 Acts, 1953. — Chap. 408. 

the expiration of a term of office the governor, with the ad- 
vice and consent of the council, shall appoint five members 
each year for a term of three years. In the appointment of 
trustees, due consideration will be given to adequate repre- 
sentation of the alumni on said board of trustees. 
^' mb^M to Section 7. The present appointive members of the board 

^nTinue'to° of trustccs of the Lowcll Textile Institute shall continue to 
^^^^" serve as trustees of the Lowell Technological Institute of 

Massachusetts for the remainder of their present terms of 
office. Thereafter their successors shall be appointed in ac- 
cordance with the provisions of section twenty-four of chap- 
ter fifteen of the General Laws, as amended by section six 
of this act. 
Certain^^ SECTION 8. When used in any statute, ordinance, by-law, 

SieaT ° rule or regulation, the phrase "Lowell Textile Institute" or 
any words connoting the same, shall mean Lowell Tech- 
nological Institute of Massachusetts unless a contrary intent 
clearly appears. Approved May 25, 1963. 

ChapAOS An Act making appropriations for the fiscal year 

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FIFTY- 
THREE, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXIST- 
ING APPROPRIATIONS, AND FOR CERTAIN NEW ACTIVITIES 
AND PROJECTS. 

Be it enacted, etc., as follows. • 

Section 1. To provide for meeting deficiencies in cer- 
tain appropriations previously made, and for certain new 
activities and projects, the sums set forth in section two, 
for the several purposes and subject to the conditions speci- 
fied 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, 
unless 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 Apprgprtations are made from the General Fund: 
Service of the Legislature. 

Item 

0101-30 For expenses of senators, including travel, to 
be in addition to any amount heretofore 
appropriated for the purpose . $14,000 00 

0102-30 For expenses of representatives, including 
travel, to be in addition to any amount 
heretofore appropriated for the purpose 85,500 00 

0103-01 "1 From the amount appropriated in item 0103- 

0101-60 J 01 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of six hundred dollars is hereby 
transferred and made available for the 



Acts, 1953. — Chap. 408. 



303 



0103-01 
0102-04 



0103-01 
0102-60 



0103-01 ■ 
0103-52 



0103-01 
0103-03 



0103-04 
0103-51 



purposes of item 0101-60 of said section 
two of said chapter three hundred and ten. 

From the amount appropriated in item 0103- 
01 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty- two 
the sum of five hundred dollars is hereby 
transferred and made available for the pur- 
poses of item 0102-04 of said section two 
of said chapters three hundred and ten and 
six hundred and thirty-two. 

From the amount appropriated in item 0103- 
01 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of nine hundred dollars is hereby 
transferred and made available for the pur- 
poses of item 0102-60 of said section two of 
said chapter three hundred and ten. 

From the amount appropriated in item 0103- 
01 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of one hundred and twenty-five 
dollars is hereby transferred and made 
available for the purposes of item 0103-52 
of said section two of said chapter three 
hundred and ten. 

From the amount appropriated in item 0103- 
01 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty- 
two the sum of six hundred dollars is 
hereby transferred and made available for 
the purposes of item 0103-03 of said section 
two of said chapter three hundred and 
ten. 

From the amount appropriated in item 0103- 
04 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of three thousand nine hundred 
and eighty-two dollars is hereby transferred 
and made available for the purposes of 
item 0103-51 of said section two of said 
chapters three hundred and ten and six 
hundred and thirty-two. 

From the amount appropriated in item 0103- 
30 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of four thousand six hundred dol- 
lars is hereby transferred and made availa- 
ble for the purposes of item 0103-05 of said 
section two of said chapter three hundred 
and ten. 

From the amounts appropriated in item 0103- 
30 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of two thousand five hundred dol- 
lars is hereby transferred and made availa- 
ble for the purposes of item 01 10-03 of said 
section two of said chapter three hundred 
and ten. 



304 



Acts, 1953. — Chap. 408. 



Item 

0103-30 "I From the amount appropriated in item 0103- 

0110-05 J 30 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of four thousand dollars is hereby 
transferred and made available for the pur- 
poses of item 0110-05 of said section two 
of said chapter three hundred and ten. 

0103-30 \ From the amount appropriated in item 0103- 

01 10-06 / 30 of section two of chapters three hundred 
and ten and six hundred and thirty-two of 
the acts of nineteen hundred and fifty-two 
the sum of five hundred and eighteen dol- 
lars is hereby transferred and made availa- 
ble for the purposes of item 0110-06 of said 
section two of said chapter three hundred 
and ten. 

0110-16 For the printing of a certain pamphlet, sub- 
ject to the approval of the house committee 
on rules $600 00 

0110-80 For incidental expenses of the house com- 
mittee on elections, as authorized by an 
order of the house on January twenty- 
sixth, nineteen hundred and fifty- three and 
by an order of the house on ]\Iay fourth, 
nineteen hundred and fifty-three . . 4,610 00 

0210-00 Item 0210-00 of section two of chapter six 
hundred and thirty-two of the acts of nine- 
teen hundred and fifty-two is hereby 
amended by adding after the word "pur- 
pose", in line seven, the words: — , for the 
year nineteen hundred and fifty-three and 
the succeeding fiscal year. 

0289-00 For the expense of a milk marketing investi- 
gation as authorized by chapter twenty-one 
of the resolves of the current year, to be in 
addition to any amount heretofore appro- 
priated for the purpose and to be available 
for nineteen hundred and fifty-three and 
the succeeding fiscal year . . 2,000 00 



Service of the Judiciary. 
Superior Court. 

0305-13 For reimbursing certain counties for compen- 
sation of certain special justices for serv- 
ices in holding sessions of district courts 
in place of the justice, while sitting in the 
superior court ..... 



$3,000 00 



Service of the Executive Department. 

0401-31 For the purchase of portraits of governors of 
the commonwealth, as authorized by sec- 
tion nineteen of chapter eight of the Gen- 
eral Laws ...... 

0406-05 Item 0406-05 of section two of chapter six 
hundred and thirty-two of the acts of nine- 
teen hundred and fifty-two is hereby 
amended in lines two, three and four by 
striking out the words "at the Tewksbury 
State Hospital under the department of 
public works". 



$3,000 00 



Acts, 1953. — Chap. 408. 



305 



Special : 
0406-07 For matching certain funds allocated to the 
state civil defense program by the federal 
civil defense administration 

Service of the Military Division. 

Adjutant General. 
Militia: 
0421-01 For allowances to companies and other ad- 
ministrative units, to be expended under 
the direction of the adjutant general 

Armory Commission. 

0428-29 For the purchase of certain land in the city 
of Lowell, as authorized by chapter six 
hundred and twenty-three of the acts of 
nineteen hundred and forty-nine, to be in 
addition to the amount appropriated in 
item 0406-27 of section two of chapter 
eight hundred and ten of the acts of 
nineteen hundred and forty-nine 



$175,000 00 



$5,900 00 



360 00 



Boards and Commissions serving under Governor and Coitncil. 
Service of the State Planning Board. 

0456-02 ] From the amount appropriated in item 0419- 
0285-00 [ 02 of section two of chapter eight hundred 
0456-04 J and six of the acts of nineteen hundred and 
fifty-one the sum of five hundred dollars is 
hereby transferred and made available for 
the purposes of the following item, and 
from the amount appropriated in item 
0285-00 of section two of chapter six hun- 
dred and thirty-two of the acts of nineteen 
hundred and fifty-two the sum of one 
thousand dollars is hereby transferred and 
made available for the purposes of the 
following item: — 

Special : 
0456-04 For expenses in connection with 
the meeting of the American Shore and 
Beach Preservation Association, to be held 
in Boston in the calendar year nineteen 
hundred and fifty-three. 

Service of the Commissioners of Uniform State Laws. 

0457-01 Item 0457-01 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two is hereby amended 
in line one by adding at the end thereof 
the words : — ; provided that, notwith- 
standing the provisions of section one of 
chapter five of the General Laws, the com- 
missioners may pay a certain printing bill 
in the amount of two hundred and sixty- 
nine dollars and fifty cents. 

Service of the Treasurer and Receiver-General. 

State Board of Retirement: 
0604-03 Item 0604-03 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two is hereby amended 



306 



Acts, 1953. — Chap. 408. 



in line seven by striking out the words 
"twenty thousand" and inserting in place 
thereof the words: — thirty- two thousand 
five hundred ...... 



$250,000 00 



Sebvice of the Department of the Attorney General. 

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 . . . $10,000 00 

0802-02 For the settlement of certain small claims, 
as authorized by section three A of chap- 
ter twelve of the General Laws . 5,000 00 



Service of the Department of Conservation. 

Division of Marine Fisheries: 
1004-70 For the service of the office of the director, 
including not more than nine permanent 
positions, and for the administration of 
the activities provided for under items 
1004-84 and 1004-85 of section two of 
chapter three hundred and ten of the acts 
of nineteen hundred and fifty-two . . $2,000 00 



Service of the Department of Education. 

1301-55 For reimbursement of certain cities and 

towns for adult English-speaking classes . $1,683 00 

Education of Deaf and Blind Pupils: 
1311-01 For education of deaf and blind pupils of the 
commonwealth, as provided by section 
twenty-six of chapter sixty-nine of the 
General Laws 74,400 00 

Teachers' Retirement Board: 
1319-01 For the service of the board, including not 

more than thirty permanent positions . 700 00 

1319-08 For the payment of the commonwealth's 
share in financing the teachers' retirement 
system, as provided by chapter thirty-two 
of the General Laws as amended . . 100,000 00 

University of Massachusetts: 
1350-21 Item 1350-21 of section two of chapter six 
hundred and thirty-two of the acts of 
nineteen and fifty-two is hereby amended 
in lines one and two by striking out the 
words "a research project" and inserting 
in place thereof the words: — research 
projects. 



Youth Service Board. 

1380-01 \ From the amount appropriated in item 0480- 
1381-01 / 01 of section two of chapter three hundred 
and ten of the acts of nineteen hundred 
and fifty-two the sum of ten thousand dol- 
lars is hereby transferred and made avail- 
able for the purposes of item 0481-01 of 
said section two of said chapter three hun- 
dred and ten. 



Acts, 1953. — Chap. 408. 



307 



Item 

1382-01 



1384-21 



Item 0482-01 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two as amended by sec- 
tion two of chapter six hundred and 
thirty-two of the acts of nineteen hundred 
and fifty-two is hereby further amended in 
line two by adding after the word "posi- 
tions" the words: — ; provided, that there 
shall be charged against this appropriation 
a shortage in the amount of twenty-two 
dollars and ninety-one cents from previous 
years. 

Section two of chapter six hundred and 
thirty-two of the acts of nineteen hundred 
and fifty-two is hereby amended by strik- 
ing out item 0484-21. 



Service of the Department of Civil Service and Registration. 



1403-01 



Division of Registration: 
For the salary of the director 



$500 00 



Service of the Department of Industrial Accidents. 

1501-06 Item 1501-06 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two as amended by sec- 
tion two of chapter six hundred and thirty- 
two of the acts of nineteen hundred and 
fifty-two is hereby further amended in line 
nine by striking out the word "forty-nine" 
and inserting in place thereof the word : - 
seventy-seven .... 



$80,000 00 



Service of the Department of Mental Health. 

1713-00 Item 1713-00 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two as amended by chap- 
ter six hundred and thirty-two of the acts 
of nineteen hundred and fifty-two is hereby 
further amended by adding after the word 
"services" the words: — ; and, further 
provided, that there may be charged 
against this appropriation a shortage in 
the amount of thirteen dollars and seventy- 
four cents from a previous year, deter- 
mined by the attorney general to be un- 
collectible. 

Service of the Department of Correction. 

For the maintenance of and for certain 
improvements at the following institu- 
tion under the control of the department 
of correction : 
1812-01 State prison, including not more than one 
hundred and sixty-five permanent posi- 
tions $51,450 00 



Service of 



Department of Public Welfare. 



Division of Child Guardianship : 
1906-05 For tuition in the public schools, including 
transportation to and from school, of chil- 
dren boarded by the department, for the 
twelve months ending June thirtieth, nine- 
teen hundred and fifty-two 



$36,000 00 



308 



Acts, 1953. — Chap. 408. 



Service of the Department of Piblic Health. 

Item 

t^pecial : 
2001-21 The unexpended balance remaining in item 
0401-71 as appropriated in section two of 
chapter eight hundred and six of the acts 
of nineteen hundred and fifty-one is hereby 
reappropriated. 

For the maintenance of and for certain im- 
provements at the following institution 
under the control of the department of 
public health: 
2023-00 North Reading state sanatorium, including 
not more than two hundred and two per- 
manent positions $10,000 00 

Service of the Department of Public Works. 

Division of Waterways : 
2202-06 For the maintenance and repair of certain 
property in the town of Plymouth, includ- 
ing not more than two permanent posi- 
tions $4,500 00 

Annuities and Payments. 

2805-01 For the payment of certain annuities and 
pensions of soldiers and others under the 
provisions of certain acts and resolves $170 00 

2805-02 For payment of any claims, as authorized by 
section eighty-nine of chapter thirty-two 
of the General Laws, for allowances to the 
families of certain employees killed or fa- 
tally injured in the discharge of their 
duties 2,500 00 

Non-Contributory Pensions : 
2811-02 For the compensation of veterans who may 
be retired by the governor under the pro- 
visions of sections fifty-six to fifty-nine, in- 
clusive, of chapter thirty-two of the Gen- 
eral Laws, and for the cost of medical ex- 
aminations in connection therewith . . 75,000 00 

The Following Appropriations are made from the Highway Fund: 

Service of the Department of Public Works. 

Highway Activities. 

2900-02 Item 2900-02 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two is hereby amended 
in line ten by adding after the word "year" 
the words : — ; and, further provided, that 
there shall be charged against tliis appro- 
priation a shortage in the amount of twelve 
dollars and eighty-five cents from a pre- 
vious 3'ear. 

2900-04 Item 2900-04 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two is hereby amended 
in line seventeen by adding after the word 
"year" the words: — ; and, further pro- 
vided, that there shall be charged against 
this appropriation a shortage in the amount 
of seven dollars and sixty-one cents from 
a previous year $950,000 00 



Acts, 1953. — Chap. 408. 309 

Service ok the Metropolitan District Commission. 

Item 

2931-01 Item 2931-01 of section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two as amended by sec- 
tion two of chapter six hundred and thirty- 
two of the acts of nineteen hundred and 
fifty-two is hereby further amended by 
adding after the word "law" the words; 
— ; and, further provided, that there shall 
be charged agaiiLst this appropriation a 
shortage in the amount of seven hundred 
and sixty-three dollars. 

The Following Appropriations are made from the Veterans' 
Services Fund: 

Service of the Commissioner of Veterans' Services. 

3501-11 For reimbursing cities and towns for money 
paid for veterans' benefits, as provided in 
section six of chapter one hundred and 
fifteen of the General Laws, for the year 
nineteen hundred and fifty-three and for 
previous years, to be in addition to any 
amount heretofore appropriated for the 
pur])ose $345,000 00 

3501-12 For reimbursing cities and towns for money 
paid on account of war allowance, state 
and military aid and soldiers' relief to cer- 
tain residents of the commonwealth and 
their dependents, as authorized by chapter 
eleven of the acts of the special session of 
nineteen hundred and forty-two, to be in 
addition to any amount heretofore appro- 
priated for the purpose .... 3,000 00 

Service of the Depart.ment of Education. 

3516-22 For certain educational services to certain 

war veterans $4,000 00 

The Following Appropriation is payable from the Old Agb 
Assistance Fund: 

Service of the State Racing Commission. 

3605-01 Item 3605-01 of section two of chapters 
three hundred and ten and six hundred 
and thirty-two of the acts of nineteen 
hundred and fifty-two is hereby amended 
in line seven by striking out the word 
"ten" and inserting in place thereof the 
word : — twenty $890 00 

The Following Appropriation is payable from the Parks and 
Salisbury Beach Reservation Fund: 

Service of the Department op Conservation. 

Division of Parks and Recreation. 

4010-05 For the purchase of certain properties in the 
towns of Oak Bluffs and Edgartown, as 
authorized by chapter five hundred and 
ten of the acts of nineteen hundred and 



310 



Acts, 1953. — Chap. 408. 



forty-six, notwithstanding the limitation in 
line six of section one of said chapter five 
hundred and ten, to be in addition to the 
amount appropriated in item 4015 of sec- 
tion two of chapter six hundred and seven- 
teen of the acts of nineteen hundred and 
forty-six ...... 

Special : 
4030-02 For the completion of certain comfort sta- 
tions at the Salisbury Beach Reserva- 
tion ....... 



$3,492 00 



16,500 00 



Deficiencies. 

For deficiencies in certain appropriations of 
previous years, in certain funds, as follows 

2899-00 General Fund 

2999-00 Highway Fund .... 

3599-00 Veterans' Services Fund . 
3999-00 Smoke Inspection Fund 



$8,880 00 

4,256 00 

695 00 

421 00 



Section 3. No payment shall be made or obligation 
incurred under authority of any special appropriation made 
by this act for construction of public buildings or other 
improvements at state institutions until plans and specifica- 
tions have been approved by the governor, unless otherwise 
provided by such rules and regulations as the governor may 
make. 

Section 4. No moneys appropriated under this act 
shall be expended for reimbursement for the expenses of 
meals for persons while traveling within the commonwealth 
at the expense thereof, unless such reimbursement is in 
accordance with rules and rates which are hereby authorized 
to be estabhshed from time to time by the commission on 
administration and finance. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed six cents a mile. No payment shall 
be made or obhgation incurred for the garaging of any 
passenger vehicle owned by the commonwealth and operated 
by an employee thereof as transportation from his place or 
places of employment to the vicinity of his residence. 

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 otherwse shown by the files of said 
committee, a copy of which shall be deposited with the 
division of personnel and standardization, no part of sums so 
appropriated in section two shall be available for payment 
of salaries of any additional permanent positions, or for 
payments on account of reallocations of permanent posi- 
tions, or for payments on account of any change of salary 
range or compensation of any permanent position, not- 



Acts, 1953. —Chap. 408. 311 

withstanding any special or general act to the contrary; 
provided, that no vacancy occurring in any permanent posi- 
tion included in said schedules of permanent positions, 
excepting in the services of the legislature or the judiciary, 
or of institutions under the jurisdiction of the departments 
of mental health, correction, public welfare and public 
health, and the youth service board, the Soldiers' Home in 
Massachusetts and the Soldiers' Home in Holyoke, and 
excepting positions which are subject to appointment by 
the governor, with or without the consent of the council, 
may be filled in any manner without approval by the com- 
mission on administration and finance. 

Section 7. In addition to the payment of regular salaries, 
sums appropriated for personal services in the fiscal year 
nineteen hundred and fifty-three shall be available for the 
payment of such other forms of compensation as may be 
due under existing statutes, or under the provisions of rules 
and regulations made in accordance with said statutes. 

Section 8. 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 hoHday pay, so called, to elected officers, 
appointees of the governor, heads of departments and divi- 
sions or heads of educational or custodial institutions. 

Section 8A. Nothing in this act shall be construed to 
permit or require a reduction in compensation for any per- 
son in the employ of the commonwealth nor the discharge 
of any permanent employee. 

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 fi- 
nance. All federal subventions and grants received by the 
commonwealth may be expended without specific appro- 
priation if such expenditures are otherwise in accordance 
with law. All income, including federal subventions and 
grants, received by the commonwealth from or on account 
of veterans in payment for veterans' services, shall be 
credited to the veterans' services fund. 

Section 10. The comptroller is hereby authorized to 
transfer from the General Fund to the veterans' services 
fund the sum of three million two hundred and fifty thousand 
dollars. 

Section 11. As of June thirtieth, nineteen hundred and 
fifty-three, the comptroller shall charge the surplus account 
of the general fund with the amount of the deficit in the 
port of Boston fund. 

Section 12. In the case of the reorganization of any 
department, or of the transfer of any function to or from 
any department, required by any act becoming effective 



312 



Acts, 1953. — Chap. 409. 



during the fiscal year ending June thirtieth, nineteen hun- 
dred and fifty-three, the governor \\ith the approval of the 
council, and upon recommendation of the budget commis- 
sioner and the head of the department so reorganized or the 
heads of the departments to and from which such function 
is transferred, may from time to time by transfer or other- 
wise make allocations for personal services and expenses to 
be incurred by such agents and agencies as shall exercise 
the powers and perform the duties given to them by such 
act, from the unexpended balance of the appropriations 
made available for the said fiscal year for the said trans- 
ferred function or for any agency which by such act is 
abolished or merged mth one or more other agencies or 
whose functions are reduced; and in connection with such 
allocations may transfer the permanent positions provided 
for in the said appropriations. 

Section 13. This act shall take effect upon its passage. 

Approved May 25, 1953. 



ChavAm 

Emergency 
preamble. 



G. L. (Ter. 
Ed.), chapter 
23A, added. 



An Act establishing a department of commerce. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide for the immediate 
establishment of a state agency to promote and develop 
the industrial, agricultural, commercial and recreational re- 
sources of the commonwealth, therefore this act is hereby 
declared to be an emergency law, necessarj'^ for the imme- 
diate preservation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. The General Laws are hereby amended by 
inserting after chapter 23 the following chapter : — 



Department 
of commerce, 
established. 



Commissioner. 



Salary. 



Deputy 
commission- 



Powers and 
duties of 
commis- 
sioner. 



Chapter 23A. 
Department of Commerce. 

Section 1. There shall be a department of commerce, in 
this chapter called the department. The department shall 
be under the supervision and control of a commissioner of 
commerce, in this chapter called the commissioner. 

Section 2. Upon the expiration of the term of office of a 
commissioner, his successor shall be appointed by the gov- 
ernor, with the advice and consent of the council, for a term 
of five years. The commissioner shall receive a salary not 
exceeding fifteen thousand dollars, as the governor and coun- 
cil determine. 

Section S. The commissioner, with the approval of the 
governor and council, may appoint and remove two deputy 
commissioners. The deputy commissioners shall perform 
such duties as the commissioner shall prescribe. 

Section 4. The commissioner shall organize a division of 
research, a division of planning and a division of develop- 
ment, and such other divisions with the approval of the 
governor and council as he may deem necessary. The work 



Acts, 1953. — Chap. 409. 313 

of each division, under the supervision and control of the 
commissioner, shall be in charge of a director, who shall have 
special and outstanding qualifications for the work of his 
division and who shall be appointed and may be removed 
by the commissioner, with the approval of the governor and 
council. The commissioner may appoint such experts as the 
department may require who shall not be subject to chapter 
thirty-one or section nine A of chapter thirty. The com- 
missioner and the commissioner of labor and industries shall 
from time to time confer on matters affecting the economic 
and social welfare of the commonwealth, including hours of 
labor, wages, industrial safety and regulatory decisions and 
orders. 

DIVISION OF RESEARCH. 

Section 5. The division of research shall : — Division of 

(a) Compile and maintain information useful to the de- "search. 
velopment of industry and commerce concerning sites, space, Duties, 
equipment, adequate housing, contracts, materials, trans- 
portation, markets and other economic considerations. 

(5) Assist in the preparation of reports upon request from 
the governor or any state department. 

(c) Compile such other data and make such other studies 
on manufacturing, agriculture, mining, fishing, trade, recre- 
ation and other economic activities in the commonwealth 
as are necessary to aid the division of development and the 
division of planning in carrying out their duties. 

(d) Employ or engage with the approval of the governor 
and council such outside technical or professional consult- 
ants as may be necessary or appropriate to assist the division 
in carrjdng out its functions. 

(e) Initiate basic studies of population trends, economic 
conditions, and resulting problems as a service not only to 
the divisions of planning and development, but also to the 
general court, the administrative departments of the com- 
monwealth, and any political subdivision thereof. 

(/) Study specific problems peculiar to Massachusetts, in- 
cluding transportation rates, which studies shall be advanced 
by co-ordination of research with existing private and gov- 
ernmental agencies and educational institutions, and may 
be advanced by contractual relations with, persons or organ- 
izations familiar with the problems and equipped to conduct 
the needed research. 

(g) Prepare evidence and supporting data whenever the 
viewpoint of the commonwealth is to be presented before 
any state or federal agency with respect to matters affecting 
the economic interests of the commonwealth. 

DIVISION OF PLANNING. 

Section 6. The division of planning shall: — ^'^nn^" °^ 

(a) Prepare and from time to time revise and perfect a ''''""'"^■ 
master plan for the physical development of the common- ^"^'^^• 
wealth. Such master plan, with any accompanying maps, 



314 Acts, 1953. — Chap. 409. 

plats, charts and descriptive matter, shall be designed with 
the general purpose of guiding and carrjdng forward such 
co-ordinated, effective and economic development of the 
commonwealth, with due respect to its topography, resources, 
and its present needs and future possibilities, as will best 
promote the health, safety, morals, order, convenience, wel- 
fare and prosperity of the people. Among other things such 
master plan shall tend to bring into suitable relation the use 
of land, soil, water and natural resources; the location and 
distribution of population and habitation; agriculture, for- 
estry and mining; trade and industry; recreation; ports, 
highways, railways, airways and every form of transporta- 
tion, travel and communication; pubhc institutions of every 
description, whether pubUcly or privately supported; water 
supply and disposal of sewage; and all such other develop- 
ments and uses as will tend to avoid waste of the human, 
financial and physical resources of the commonwealth and 
to promote the above purposes. 

(6) Assist in planning any pubhc or private project as to 
which federal appropriations, grants or loans may pay any 
part of the cost. 

(c) Make such maps, plans and estimates of cost as may 
be needed for its investigations and reports. 

(d) Act as the co-ordinating agency between the several 
officers, boards, commissions, departments and divisions of 
the commonwealth in matters relative to the physical de- 
velopment of the commonwealth, and review the proposals 
of said agencies in the light of their relationship to the 
master plan and incorporate the results of such reviews in 
the reports of the department; provided, that nothing in 
this section shall be construed as hmiting the powers or 
duties of any officer, board, commission, department or divi- 
sion of the commonwealth. 

(e) Initiate, encourage and carry on regional and metro- 
politan planning and advise and assist local planning boards 
and other municipal agencies in co-operative efforts intended 
for the mutual benefits of the municipalities constituting 
such regional or metropohtan areas. 

(/) Advise, confer and co-operate with municipal planning 
boards, boards of appeal and other local officials, ci\ac and 
other groups and citizens in matters relating to planning 
and zoning and furnish any pertinent information in its 
possession. 

(g) Study problems of recreation, schools, housing, health, 
land use controls, assessment and taxation. 

(h) Assist in preparing and executing long-range capital 
budgeting and programming of public works projects. 



DIVISION OF DEVELOPMENT. 

Diyisi^on^of^^ Sectioji 7. The division of development shall : — 

(a) Further the development and the expansion of in- 
dustry, vdih particular attention to small business, and at- 
tract new business to the commonwealth by (1) promoting 



development. 



Acts, 1953. — Chap. 409. 315 

the welfare of existing industry and the location of new 
business and co-ordinating these activities with the efforts 
of pubhc, private and other agencies; (2) negotiating directly 
with industry seeking suitable location within the common- 
wealth in co-operation with public, private and other agen- 
cies; (3) disseminating information setting forth the com- 
mercial, recreational, transportation, industrial and other 
facilities and advantages of the commonwealth ; and (4) pro- 
moting the industrial development efforts of local communi- 
ties by assisting in the formation of industrial foundations 
in co-operation with local agencies. 

Section 8. The several officers, boards, commissions, de- Consultations. 
partments and divisions of the commonwealth, and city and 
town officials, may consult with the department and shall 
furnish or make available to it on request all data and in- 
formation within their knowledge or control. 

Section 2. Sections forty-nine to fifty- two, inclusive, of Edo,' e^"' 
chapter six of the General Laws are hereby repealed. §§ 49-52, 

Section 3. Sections eleven B, eleven C and eleven D '"^'^''^*' ■ 
of chapter twenty- three of the General Laws are hereby re- Ed^^J*"^' 
pealed. §§ iiB-iiD. 

Section 4. Section 17 of chapter 6 of the General Laws, ^^^^^^ 
as amended, is hereby further amended by striking out, in Ed.x'e^^riT, 
Une 8, as appearing in section 1 of chapter 511 of the acts etc., 'amended. 
of 1951, the words "the state planning board". 

Section 5. Section 21 of chapter 9 of the General Laws, o- l- (Ter. 
as amended by section 1 of chapter 394 of the acts of 1941, fttiamendld. 
is hereby further amended by striking out, in lines 10 and 11, 
the words "chairman or a member of the state planning 
board designated by the governor" and inserting in place 
thereof the words : — director of the division of planning of 
the department of commerce. 

Section 6. Section 71 of chapter 41 of the General Laws, g. l. (Ter. 
as amended by chapter 266 of the acts of 1943, is hereby ^/•)' ■*^'i7V 

. , 1 1 1 •! . • T ^ 1 1 ,, etc., amended. 

further amended by striking out, m line 6, the words state 
planning board" and inserting in place thereof the words: — 
division of planning of the department of commerce. 

Section 7. Section 81C of said chapter 41, as appearing g. l. (Ter. 
in section 4 of chapter 340 of the acts of 1947, is hereby f sicfltc, 
amended by striking out, in lines 11 and 12, the words amended, 
"state planning board" and inserting in place thereof the 
words : — division of planning of the department of com- 
merce. 

Section 8. The second paragraph of section 26KK of EdViJr' 
chapter 121 of the General Laws, as amended by chapter §'26kK, ' 
486 of the acts of 1947, is hereby further amended by striking ''^''- ^"^^^^e^- 
out, in lines 7 and 8, the words "state planning board" 
and inserting in place thereof the words: — division of plan- 
ning in the department of commerce. 

Section 9. The state planning board is hereby abolished, ^^^^j.^p'"'""'"^ 
and its powers and duties are hereby transferred to, and shall aboUsked. 
hereafter be exercised and performed by, the division of 
planning of the department of commerce established by chap- 



316 



Acts, 1953. — Chap. 409. 



Massachusetts 
development 
and indus- 
trial corn- 



Certain 
words defined. 



ter twenty-three A of the General Laws inserted by section 
one of this act. All maps, charts, plans and property in the 
possession of said board shall be delivered to said division 
of planning. The employees of said board who hold posi- 
tions classified under chapter thirty-one of the General Laws, 
or are subject to the provisions of section nine A of chapter 
thirty of the General Laws, are hereby transferred to the 
service of said department without impairment of their civil 
service, retirement, seniority or other rights, and their term 
of office shall not be deemed to be interrupted within the 
meaning of said chapter thirty-one or said section nine A of 
chapter thirty notwithstanding any change in title or duties 
made as a result of such transfer, provided that no such 
employee shall be lowered in rank or compensation. The 
employees of said board who hold positions not classified 
under chapter thirty-one of the General Laws, or are not 
subject to the provisions of section nine A of chapter thirty 
of the General Laws, are hereby transferred to the service 
of the department of commerce without impairment of their 
retirement, seniority or other rights, and the positions to 
which they are transferred shall not be subject to said chap- 
ter thirty-one. 

Section 10. The Massachusetts development and indus- 
trial commission is hereby abolished and its powers and 
duties are hereby transferred to, and shall hereafter be exer- 
cised and performed by, the department of commerce es- 
tablished by chapter twenty-three A of the General Laws 
inserted by section one of this act. Said commission shall 
transfer to said department all property, records and other 
data now in its custody. The employees of said commission 
who hold positions classified under chapter thirty-one of the 
General Laws, or are subject to the provisions of section 
nine A of chapter thirty of the General Laws, are hereby 
transferred to the service of the department of commerce 
without impairment of their civil service, retirement, senior- 
ity or other rights, and their term of office shall not be 
deemed to be interrupted within the meaning of said chapter 
thirty-one or said section nine A of chapter thirty notwith- 
standing any change in title or duties made as a result of 
such transfer, provided that no such employee shall be 
lowered in rank or compensation. The employees of said 
commission who hold positions not classified under chapter 
thirty-one of the General Laws, or are not subject to the 
provisions of section nine A of chapter thirty of the General 
Laws, are hereby transferred to the service of the depart- 
ment of commerce without impairment of their retirement, 
seniority or other rights, and the positions to which they are 
transferred shall not be subject to said chapter thirty-one. 

Section 11. Wherever used in any existing statute, lease, 
contract, agreement or publication, the words "state plan- 
ning board", or "Massachusetts development and industrial 
commission" shall connote the department or the relevant 
division thereof established by this act. 



Acts, 1953. — Chaps. 410, 411. 317 

Section 12. The governor, with the advice and consent of°^"™°c°T 
of the council, shall, as soon as may be, appoint a conunis- appointment' 
sioner of commerce for a term of five years. 

Section 13. All unexpended balances of monies appro- useof 
priated for the Massachusetts development and industrial monTe". 
commission and for the state planning board shall be im- 
mediately available for expenditure by the department of 
commerce estabUshed by this act. 

Approved May 26, 1953. 

An Act increasing the benefits payable in a benefit ChayAl^ 

YEAR OF unemployment COMPENSATION. 

Whereas, The deferred operation of this act would prevent Emergency 
it from taking effect on the date provided therein for its ^'^''^"' 
taking effect, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
pubhc convenience. 

Be it enacted, etc., as follows. • 

Section 1. Chapter 151A of the General Laws is hereby g^^•{Jf^■ 
amended by striking out section 30, as most recently amended § 30,' etc., ' 
by chapter 559 of the acts of 1949, and inserting in place amended. 
thereof the following section : — Section SO. The total bene- Unempioy- 
fits which an unemployed individual may receive during his pe^at'ion 
benefit year shall be an amount equal to thirty per cent of j'n^ealed. 
his wages in the base period, or an amount equal to twenty- 
six times his benefit rate, whichever is the lesser, plus de- 
pendency benefits payable under section twenty-nine. If 
such amount includes a fractional part of a dollar, it shall be 
raised to the next highest dollar. 

Section 2. This act shall take effect on July first in the Effective date. 
current year and shall affect all claims filed on and after 
said date. Approved May 26, 1953. 

An Act making certain amendments in the zoning Chap. 4:11 

LAW, so CALLED, OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows. ■ 

Section 1. Paragraph (9) of section 5 of chapter 488 
of the acts of 1924 is hereby amended by striking out the 
first sentence, as amended by section 2 of chapter 143 of 
the acts of 1932, and inserting in place thereof the following 
sentence : — Filling stations or garages, including storage 
incidental to the operation thereof of not over twelve thou- 
sand gallons of petroleum or other inflammable hquids; 
provided, that the board of street commissioners, after pub- 
lic notice and hearing, grants a license therefor. 

Section 2. Section 6 of said chapter 488 is hereby 
amended by striking out paragraph (33) and inserting in 
place thereof the following paragraph : — 

(33) Manufacture of chewing tobacco; 

Approved May 26, 1953. 



318 Acts, 1953. — Chaps. 412, 413, 414. 



ChapA12 An Act making clarence e. craft eligible to take a 
CIVIL service examination for appointment to the 
position of fire fighter in the town of ayer, and 
relative to his appointment to said position. 

Be it enacted, etc., as follows: 

Section 1. Clarence E. Craft of the town of Ayer is 
hereby made ehgible to apply for, and to take, a civil service 
examination for appointment to the position of fire fighter 
in the town of Ayer, notwithstanding that, at the time of 
filing such apphcation, he is over thirty-five years of age. 
If he qualifies by examination for fire fighter, his name shall 
be placed on the eligible list after the names of any qualified 
persons who met all regular entrance requirements for said 
position. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the board of selectmen of the town of 
Ayer, but not otherwise. Approved May 26, 1953. 

Chap. 4:13 An Act authorizing the town of webster to pay a 

SUM OF MONEY TO WILLIAM S. RASZKA. 

Be it enacted, etc., as follow s: 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Webster is hereby authorized to appro- 
priate and pay to Wilham S. Raszka the sum of eight hun- 
dred and thirty dollars and forty cents to reimburse him for 
expenses incurred by him on account of injuries sustained 
by his son while employed by said town as a playground 
instructor. 

Section 2. This act shall take effect upon its acceptance 
by vote of the town at an annual or special town meeting, 
but not otherwise. Approved May 26, 1953. 

Chap.4:14: An Act transferring to the city planning board of 

THE CITY OF BOSTON CERTAIN POWERS AND DUTIES OF THE 
BOARD OF STREET COMMISSIONERS OF SAID CITY. 

Be it enacted, etc., as follows: 

The powers conferred, and the duties imposed, on the 
board of street commissioners of the city of Boston by section 
twenty-three of chapter four hundred and forty-nine of the 
acts of eighteen hundred and ninety-five, as amended by 
section one of chapter two hundred and four of the acts of 
eighteen hundred and ninety-six, are hereby transferred to 
the city planning board of said city. 

Approved May 26, 1953. 



Acts, 1953. — Chaps. 415, 416. 319 

An Act to authorize corporations to make contribu- Chav 415 

TIONS FOR charitable, SCIENTIFIC OR EDUCATIONAL 
PURPOSES. 

Be it enacted, etc., as follows: 

Chapter 155 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 12B, inserted by section 5 of chapter new^§\^2^c, 
488 of the acts of 1947, the following section: — Section 12C. ^'^'^^'^■ 
Every corporation may, by its articles of organization or Certain 
by-laws or by a general or special vote of its stockholders or contributions 
members, authorize its directors, or its officers having the [•^ng°'"*"^'"''' 
powers of directors, to make contributions, in such amounts authorized. 
as said directors or officers may determine to be reasonable, 
to corporations, trusts, funds or foundations, organized and 
operated exclusively for charitable, scientific or educational 
purposes, no part of the net earnings of which inures to the 
benefit of any private shareholder or individual; provided, 
that in the case of a corporation having capital stock, con- 
tributions in any fiscal year shall not in the aggregate exceed 
one half of one per cent of its capital and surplus as of the 
end of the preceding fiscal year, unless contributions in 
excess of one half of one per cent of such capital and surplus 
shall be authorized by the stockholders of the corporation 
at a regular or special meeting, and, in the case of a corpora- 
tion not having capital stock, contributions in any fiscal 
year shall not in the aggregate exceed one half of one per 
cent of the surplus of such corporation as of the end of the 
preceding fiscal year, unless contributions in excess of one 
half of one per cent of such surplus shall be authorized by 
the members of the corporation at a regular or special 
meeting. Nothing in this section shall be construed as 
directly or indirectly restricting or otherwise affecting, 
except as herein provided, the rights and powers of any 
corporation wdth reference to payments of the nature above 
specified. Approved May 27, 1953. 

An Act providing for an entrance in the town of 0/ia».416 

WAKEFIELD TO THE NORTHWEST SECTION OF BREAKHEART 
RESERVATION. 

Be it enacted, etc., as follows: 

For the purpose of providing an entrance in the town of 
Wakefield into the northwest section of Breakheart reserva- 
tion, the metropolitan district commission is hereby author- 
ized to construct and maintain a roadway in said town. 
Said commission is hereby authorized to acquire by gift or 
right of eminent domain under chapter seventy-nine of the 
General Laws any land necessary for the construction of 
such roadway, and said town is hereby authorized to give 
land for such purpose. For the purposes of this act said 
commission may expend such sums as may be appropriated 
therefor. Approved May 27, 1953. 



320 Acts, 1953. — Chap. 417. 

ChavAll An Act establishing a selectmen-manager form of 

GOVERNMENT FOR THE TOWN OF SCITUATE. 

Be it enacted, etc., as follows: 

Section 1. Scope of the Act. — Whenever any board, 
commission, committee or office is provided for or referred 
to in tliis act, the term of office of the members or incum- 
bents thereof, the number of members and the powers, 
duties and obhgations appertaining thereto, shall be the 
same as may now or hereafter be fixed by law with respect 
to town boards, commissions, committees or offices having 
corresponding powers or duties, or by the by-laws of the 
town, now or hereafter in force, except as expressly other- 
wise provided herein. 

Notliing in this act shall be construed to affect in any 
manner any by-law of the town now in effect or which may 
be adopted hereafter, or the power of the town to amend, 
alter or adopt any by-law, or the operation or applicabihty 
to the town of Scituate of any general or special law now or 
hereafter in effect, except so far as may be expressly provided 
herein. 

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 2. Elective and Appointive Offices. — Beginning 
with the first annual town election following acceptance of 
this act, the only boards, officers or committees to be elected 
by the voters shall be the selectmen, the school committee 
and the moderator. Every other elective office, board or 
commission shall be terminated as herein provided, any other 
provision of law to the contrary notwithstanding. The 
term of office of any person appointed or elected to any 
office, board or commission existing at the time of such ac- 
ceptance and terminated hereunder shall continue until such 
first town election and until the appointment and quaUfica- 
tion of his successor, if any, except that the incumbent town 
clerk shall continue to hold office in accordance with the 
terms of section nineteen B of chapter forty-one of the Gen- 
eral Laws and thereafter the said offices, boards or commis- 
sions shall be abolished, and all powers, duties and obliga- 
tions conferred or imposed thereon by law shall be conferred 
and imposed upon the selectmen and exercised by the town 
manager as hereinafter provided. 

Section 3. Election of Selectmen. — At the first town 
election following acceptance of this act, there shall be elected 
two selectmen for three years, two selectmen for two years, 
and one selectman for one year. Upon the qualification of 
the selectmen so elected, the term of office of the board of 
selectmen then existing shall terminate. At each annual 
town election thereafter, the voters shall elect selectmen for 
three year terms to replace those whose terms are about to 
expire. "When a vacancy occurs among the selectmen by 



Acts, 1953. —Chap. 417. 321 

reason of death, resignation, change of residence from the 
town, or other disabihty, the remaining selectmen shall have 
the power to fill the vacancy until the next town election, 
at which the voters shall elect a selectman for the remainder 
of the unexpired term. 

Section 4. Appointmerits by Selectmen and Moderator. — 
In addition to the town manager, whose appointment and 
removal is hereinafter provided for, the selectmen shall ap- 
point, and may remove, a board of appeals under the pro- 
visions of section eighty-one R of chapter forty-one of the 
General Laws, which board shall also act as the board of 
appeals under the by-laws, election officers, registrars of voters 
except the town clerk, constables, town counsel and town 
accountant. The moderator shall appoint an advisory com- 
mittee and such other officers, boards and committees as he 
shall hereafter be directed to appoint by by-law or by vote 
of the town. 

Section 5. Multiple Officers. — A member of the board 
of selectmen, or of the school committee, or of the advisory 
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 elected or ap- 
pointed to any other office, board, commission, or committee 
under the provisions of this act or of any general or special 
law shall be eligible during the term of such office to election 
or appointment to any other town office, board, commission 
or committee, except that the town accountant shall not be 
eligible to hold the position of town treasurer or town col- 
lector. The town manager, subject to any applicable pro- 
vision of law relating thereto, may assume the duties of any 
office which he is authorized to fill by appointment, except 
that he shall not appoint himself as a member of any board 
or committee. 

Section 6. Appointment of Town Manager. — The select- 
men elected as provided herein shall appoint, as soon as 
practicable after their election for a term of three years, 
and thereafter from time to time for like terms, a town 
manager who shall be a person especially fitted by education, 
training and by previous full time paid experience as a town 
or city manager or assistant manager or administrative as- 
sistant, to perform the duties of the office. The town man- 
ager shall be appointed without regard to his political beliefs. 
He need not be a resident of the town or of this common- 
wealth when appointed, and shall not during the twelve 
months prior to his appointment have held any elective 
office in the town of Scituate. 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 in such 
sum and with such surety or sureties as may be fixed or 
approved by the selectmen 



322 Acts, 1953. — Chap. 417. 

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 appointment of 
a town manager or the filling of any vacancy, the selectmen 
may appoint a suitable person to perform the duties of the 
office. 

Section 8. 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, suspension 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 per- 
form the duties of the manager until he shall return or his 
disability shall cease. 

Section 9. Removal of Manager. • — The selectmen, by a 
majority vote of the full membership of the board, may 
remove the town manager. At least thirty days before 
such proposed removal shall become effective, the selectmen 
shall file a preliminary written resolution with the town clerk 
setting forth in detail the specific reasons for his proposed 
removal, a copy of which resolution shall be delivered to the 
town manager. The manager may reply in writing to the 
resolution and may request a public hearing. If the manager 
so requests, the board of selectmen shall hold a public hear- 
ing not earlier than twenty days nor later than thirty days 
after the filing of such request. After such public hearing, 
if any, otherwise at the expiration of thirty days follo'wing 
the filing of the preliminary resolution, and after full con- 
sideration, the selectmen by a majority vote of the full 
membership of the board may adopt a final resolution of 
removal. In the preliminary resolution, the selectmen may 
suspend the manager from duty, but in any case liis salary 
shall continue to be paid until the expiration of one month 
from the date of adoption of the final resolution of removal. 

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

Section 11. Powers and Duties of Manager. — In addi- 
tion to any other powers and duties expressly provided for 
in this act, the town manager shall have the following powers 
and duties : — 

(a) He shall be responsible for and shall supervise and 
direct the administration of all departments, commissions, 
boards and offices except those mentioned in sections two, 
three and four, and shall appoint, upon merit and fitness 
alone and, subject to the provisions of chapter thirty-one 
of the General Laws where applicable, a board of health, a 
board of public welfare, a planning board, a town collector, 
a town clerk, a town treasurer who may also act as town 
collector, a board of assessors of three members as hereinafter 
provided, and such other officers and employees as may be 
necessary to carry out the powers and duties imposed upon 



Acts, 1953. — Chap. 417. 323 

him or upon the to^ATi either by this act, by the by-laws of 
the town or by other provisions of law. Officers and em- 
ployees not subject to chapter thirty-one of the General 
Laws shall not be removed by the town manager except on 
ten days' notice in writing, setting forth the cause of such 
removal. 

(b) Subject to any applicable provisions of chapter thirty- 
one and of section one hundred and eight A of chapter 
forty-one of the General Laws, the town manager shall fix 
the compensation of all town officers and employees ap- 
pointed by him, within the limits of the amounts appro- 
priated therefor by the town. 

(c) It shall be the duty of the town manager to attend all 
regular meetings of the board of selectmen. 

(d) 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. 

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

(/) The town manager shall have jurisdiction over the 
rental and use of all town property, except schools. He shall 
be responsible for the maintenance and repair of all town 
property, including school buildings and grounds. Except 
as otherwise voted by the town, he shall be responsible for 
the preparation of plans and the supervision of work on all 
construction, reconstruction, alterations, improvements and 
other undertakings authorized by the town, subject, how- 
ever, to the approval of the school committee with respect 
to plans for the construction or improvement of school 
buildings or property. 

(g) The town manager shall purchase all supplies, ma- 
terials and equipment, and shall award all contracts for all 
departments and activities of the town under his supervision; 
and he shall make all purchases for departments or activities 
not under his supervision but only upon and in accordance 
with a requisition duly signed by the head of any such 
department. 

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

(i) The town manager shall, with the approval of the 
selectmen, have authority to prosecute, defend or compro- 
mise all litigation to which the town is a party. 

0") 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. 

(k) The town manager shall have access to all town books 



324 Acts, 1953. — Chap. 417. 

and papers for information necessary for the proper per- 
formance 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 thereof to be ex- 
amined. 

(Z) The town manager may, with the approval of the 
selectmen, establish, combine, reorganize or discontinue de- 
partments under his supervision and may in so doing transfer 
the duties and powers and, so far as possible in accordance 
with the vote of the town, the appropriation of one depart- 
ment, commission, board or office, in whole or in part, to 
any other. 

Section 12. Appointment of Assessors. — The town 
manager shall appoint a principal assessor, who shall devote 
his full time and attention to the duties of his office and 
shall serve as chairman of the board, and two additional 
assessors. 

Section 13. 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 applicable provisions of law 
shall be submitted to the town manager. The approval of 
any such warrant by the town manager when countersigned 
by a majority of the selectmen shall be sufficient authority 
to authorize payment by the town treasurer, but the select- 
men alone shall approve all warrants in the event of the 
absence of the town manager or a vacancy in the office of 
town manager. The board of selectmen may, at their 
discretion, delegate to the manager the authority to approve 
said warrants. 

Section 14. Investigations or Surveys. — For the purpose 
of making investigations or surveys, the town manager, 
with the approval of the selectmen, may expend such sums 
for the employment of experts, counsel and other assistants, 
and for other expenses in connection therewith, as the town 
may appropriate for such purposes. 

Section 15. Investigation of Claims. — Whenever any 
pay roll, bill or other claim against the town is presented to 
the town manager, he shall, if the same seems to him to be 
of doubtful vahdity, excessive in amount, or otherwise 
contrary to the interests of the town, refer it to the select- 
men, who shall immediately investigate the facts and de- 
termine what, if any, payment should be made. Pending 
such investigation and determination by the selectmen, 
payment shall be withheld. 

Section 16. 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 



Acts, 1953. — Chap. 417. 325 

learning of the existence of such contract, or that such a 
contract Ls 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 of which such violation 
occurs voidable at the option of the town. Any person 
violating any provision of this section shall be punished by 
a fine of not more than one thousand dollars, or by imprison- 
ment for not more than one year, or by both such fine and 
imprisonment. 

Section 17. 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 
efficient and proper conduct of their respective departments 
and offices during the next fiscal year. On or before the 
fifteenth day of December of each year, the town manager 
shall submit to each member of the advisory committee and 
of the board of selectmen 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 indebted- 
ness of the town, and showing specifically the amount neces- 
sary to be provided for each office, department and activity, 
together with a statement of the expenditures for the same 
purposes in the two preceding years and an estimate of the 
expenditures for the current year. He shall also submit a 
statement showing all revenues received by the town in 
the two preceding 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 also report to 
said committee and to the selectmen the probable amount 
required to be raised by taxation to defray all of the pro- 
posed expenditures of the town, together with an estimate 
of the tax rate necessary therefor. 

Section 18. This act shall be submitted for acceptance 
to the qualified voters of the town of Scituate at the first 
state or town election after the date of approval of this act. 
The vote shall be taken by ballot in accordance with the 
provisions of the General Laws, so far as the same shall be 
appHcable, in answer to the 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 fiftj^-three entitled 'An Act establishing a 
selectmen-manager form of government for the town of 
Scituate', be accepted by this town?" If a majority of the 



326 Acts, 1953. — Chap. 417. 

voters voting on this question shall vote in the affirmative, 
said act shall take effect immediately for the purposes of the 
next following town election, and for all things pertaining 
thereto, and shall take full effect upon the qualification of a 
majority of the selectmen first elected as provided in section 
three. If this act is rejected by the quaUfied voters of the 
town when first submitted under this section, it shall be 
further submitted to the said voters at the next following 
state or town election, and if accepted by a majority of the 
voters voting thereon it shall take effect as hereinbefore 
provided. If a majority of the voters voting on this question 
when so further submitted shall vote in the negative, this 
act shall thereupon become void. 

Section 19. Duties of Certain Town 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 20. Forthwith after the acceptance of this act 
the moderator shall appoint a committee consisting of five 
quahfied voters to consider what by-laws authorized by this 
chapter, if any, should be adopted by the town to further 
the purposes of this chapter in the town, and such committee 
shall report its recommendations, if any, to the next annual 
town meeting or any special town meeting prior thereto and 
called for the purpose. Any by-laws adopted by the town 
under authority of this chapter shall become operative in 
compliance mth the requirements of section thirty-two of 
chapter forty, and shall continue in effect until revoked by 
the town or rendered inoperative under the provisions of 
section twenty-one. 

Section 21. At any time after the expiration of three 
years from the date of acceptance of this act, 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, request- 
ing that the question of revoking the acceptance of this act 
be submitted to the voters. 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 Scituate of an act passed by the General Court in 
the year nineteen hundred and fifty-three entitled 'An Act 
establishing a town manager form of government for the 
Town of Scituate' be revoked?" If such revocation is 
favored by a majority of the voters voting thereon, this act 
shall cease to be operative on and after the annual meeting 
next following such vote. All general laws respecting town 
administration and town officers, and any special laws rela- 



Acts, 1953. — Chap. 418. 327 

tive to said town, the operation of which has been suspended 
or superseded by acceptance of this act, shall be revived by 
such revocation and shall continue to be in full force and 
effect. By-laws in force when such revocation takes effect, 
so far as they are consistent with general laws respecting 
town administration and town officers and with special laws 
relating to said town, shall not be affected thereby, but 
any other by-laws inconsistent with such general or special 
laws shall be annulled. 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 May 27, 1953. 

An Act authorizing the town of Orleans to supply fhauA]^ 

ITSELF AND ITS INHABITANTS WITH WATER. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Orleans 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, acting 
by and through its board of water commissioners hereinafter 
provided for, may contract with any other municipality, 
acting through its water department, or with any water 
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 other^vise, and hold, the waters, or any 
portion thereof, of any pond, brook, spring or stream or of 
any ground water sources, by means of driven, artesian or 
other wells or filter galleries, within the limits of said town, 
not already appropriated for purposes of public water supply, 
and the water rights connected ^vith any such water sources; 
and also for said purposes may take by eminent domain 
under said chapter seventy-nine, or acquire by lease, pur- 
chase, 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 wthout first 
obtaining the advice and approval of the department of pub- 
lic 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 apphances, 



328 Acts, 1953. — Chap. 418. 

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 ap- 
pliances and do such other things as may be necessary for 
the establishment and maintenance of complete and effec- 
tive 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 pubhc 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, main- 
taining, operating and repairing such conduits, pipes and 
other works, and for all other proper purposes of this act, 
said town may dig up or raise and embank any such lands, 
highways or other ways in such manner as to cause the least 
liindrance 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, 
constmct 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 corpora- 
tion, or, in case of failure so to agree, as may be approved by 
the department of public utilities. Said toTvii 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 
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 habilities 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 



Acts, 1953. — Chap. 418. 329 

million three hundred thousand dollars, which shall bear on 
their face the words, Town of Orleans Water Loan, Act of 
1953. 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 apphcable pro- 
visions of said chapter. 

Section 6. Said to-UTi shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with the provisions of section five; and when a 
vote to that effect has been passed, a sum which, with the 
income derived from the water rates, will be sufficient to 
pay the annual expense of operating its water works or the 
purchasing of water and the maintenance of its pipe lines, 
as the case may be, and the interest as it accrues on the 
bonds or notes issued as aforesaid, and to make such pay- 
ments on the principal as may be reciuired 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 wdlfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 
to be recovered 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 im- 
prisonment for not more than one j^ear, or both. 

Section 8. Said town shall, after its acceptance of this 
act, at the same meeting at wliich the act is accepted, or at 
a meeting thereafter called for the purpose, and without the 
necessity, in either case, of a prior caucus for the nomination 
of candidates, elect by ballot three persons to hold office, 
one until the expiration of three years, one until the expira- 
tion of two years, and one until the expiration of one year, 
from the next succeeding annual town meeting, to 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 com- 
missioners, who shall be subject, however, to such instruc- 
tions, rules and regulations as said to\vn may impose by its 
vote. A majority of said commissioners shall constitute a 
quorum for the transaction of business. After the election 
of a board of water commissioners under authority of this 



330 Acts, 1953. — Chap. 419. 

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 
to^vTi or until another person is qualified. 

Section 9. Said commissioners shall fix just and equita- 
ble 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 provicUng for the aforesaid charges, it may 
be appropriated for such new construction as the water 
commissioners, with the approval of the town, may deter- 
mine upon, and in case a surplus should remain after 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, including 
an account of the receipts and expenditures. 

Section 10. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Orleans 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 May 21\ 1953. 



Chap Aid An Act providing for certain improvements at the 

BRISTOL COUNTY JAIL AND HOUSE OF CORRECTION IN NEW 
BEDFORD. 

Be it enacted, etc., as follows. • 

Section 1. The county commissioners of Bristol county 
are hereby authorized and directed to raise and expend under 
the direction of the sheriff of said county a sum of money 
not exceeding one hundred and fifteen thousand dollars for 
the purpose of instaUing one hundred and fifty water closets 
and wash bowls at the Bristol county jail and house of cor- 
rection in New Bedford. 

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 ag- 
gregate one hundred and fifteen thousand dollars, and may 
issue bonds or notes of the county therefor, which shall 



Acts, 1953. — Chap. 420. 331 

bear on their face the words, Bristol County Jail and House 
of Correction Loan, Act of 1953. Each authorized issue 
shall constitute a separate loan and such loans shall be pay- 
able 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 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 under tliis act shall, except 
as herein provided, be subject to chapter thirty-five of the 
General Laws. 

Section 3. This act shall take full effect upon its ac- 
ceptance by the sheriff of the county of Bristol, but not 
otherwise. Approved May 27, 1953. 



An Act relative to the compensation of certain chief Q}mp 420 

PROBATION OFFICERS AND ASSISTANT CHIEF PROBATION 
OFFICERS IN SUFFOLK COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 83 of chap- g. l. (Ter. 
ter 276 of the General Laws, as most recently amended by fss.'eS 
chapter 341 of the acts of 1953, is hereby further amended amended." 
by striking out the last two sentences and inserting in place 
thereof the following two sentences: — In the Boston ju- salaries of 
venile court, the chief probation officer and the assistant probluon 
chief probation officer shall receive as an annual salary officers ^ ^ 
seventy-five per cent and fifty-six per cent, respectively, of ^ ^ 
the salary provided by law for the justice of said court, and 
every other probation officer shall receive upon appoint- 
ment an annual salary of three thousand dollars or such 
higher annual salary, not exceeding fifty-two hundred dol- 
lars, as, because of his years of similar service in allied fields, 
the mayor of Boston with the approval of the justice of said 
court may determine, and annually thereafter, upon the an- 
niversary of his appointment, shall receive an increase of 
two hundred dollars until a maximum annual salary of fifty- 
two hundred dollars shall have been reached. In every dis- 
trict court in Suffolk county, other than the municipal court 
of the city of Boston, the chief probation officer, if any, 
shall be compensated for his services as if he held an office 
classified under the classification and compensation plans of 
said county in the same grade as the clerk of court in which 
said chief probation officer serves; and the assistant chief 
probation officer, if any, shall be compensated for his serv- 
ices as if he held an office classified under said classification 
and compensation plans in the same grade as the first assis- 
tant clerk of said court; and every other probation officer 
shall receive upon appointment an annual salary of three 
thousand dollars or such higher annual salary, not exceeding 
fifty-two hundred dollars, as, because of his years of similar 



332 Acts, 1953. — Chaps. 421, 422, 423. 

service in allied fields, the mayor of Boston with the ap- 
proval of the justices of the court may determine, and an- 
nually thereafter, upon the anniversary of his appointment, 
shall receive an increase of two hundred dollars until a max- 
imum annual salary of fifty-two hundred dollars shall have 
been reached. 

Section 1A. The compensation currently being paid to 
any chief probation officer, assistant chief probation officer 
or probation officer shall not be reduced by reason of the 
passage of this act. 

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

Approved May 28, 1953. 

ChapA21 An Act relative to the salary of the present clerk 

OF the third district court of PLYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
seventy-nine of chapter two hundred and eighteen of the 
General Laws, the salary of the present incumbent of the 
office of clerk of the third district court of Plymouth shall 
be thirty-eight hundred dollars. 

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

Approved May 28, 1953. 

Chap. 4:22 An Act relating to the regional school district con- 
sisting OF the towns of EGREMONT, MONTEREY, NEW 
MARLBOROUGH AND SHEFFIELD. 

Be it enacted, etc., as follows: 

Section 1. The proceedings heretofore taken relating to 
the organization of the regional school district consisting of 
the towns of Egremont, Monterey, New Marlborough and 
Sheffield, including the election of the members of the 
regional district school committee, are hereby validated, 
and said district is hereby declared to be a vahd district 
with all the rights, powers and duties of districts duly or- 
ganized under section fifteen of chapter seventy-one of the 
General Laws. 

Section 2. Transportation costs, if any, shall be appor- 
tioned among the member towns as an operating cost, as 
provided in the agreement under which said district was 
established. 

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

Approved May 28, 1953. 

Chap. 423 An Act providing that certain fees shall not be re- 
quired OF CERTAIN INTERSTATE CARRIERS OF PROPERTY 
BY MOTOR VEHICLE. 

pr^ambiT^ Wkercas, The deferred operation of this act would tend 

to defeat its purpose, which is to exempt forthwith certain 
interstate carriers of property by motor vehicle from certain 



Acts, 1953. — Chaps. 424, 425. 333 

fees, 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 10 of chapter 159B of the General Laws, as most Ed^isQB 
recently amended by section 2 of chapter 376 of the acts of § ib.'etc. ' 
1946, is hereby further amended by striking out the second *'^«=°'^®'* 
paragraph and inserting in place thereof the following 
paragraph : — 

The fees provided by this section shall not be required of {^tg^state 
an interstate carrier whose principal place of business and carriers 
the registration of whose vehicle or of any veliicle under cerum fe^°' 
lease or other arrangement is in another state or states in 
respect to the operation of motor vehicles in interstate 
commerce over ways within this commonwealth if such state 
or states, as finally determined by the department, do not 
require of an interstate carrier whose principal place of 
business and the registration of whose vehicle or of any 
vehicle under lease or other arrangement is within this 
commonwealth any similar fees or charges, however de- 
nominated or defined, for the privilege of operating vehicles 
in interstate commerce over the ways of such other state or 
states. Approved May 28, 1953. 



ChapA24: 



An Act authorizing the city of fitchburg to pay a 
sum of money to the legal guardian of reino a. 
m.^ki of fitchburg. 

Be it enacted, etc., as follow s: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Fitchburg by its city council is hereby 
authorized to appropriate a sum not to exceed three thou- 
sand dollars and to pay such sum to Reino W. Maki, father 
of Reino A. Maki of Fitchburg who was injured while under 
supervised play in a public playground in said city. 

Section 2. No payment shall be made pursuant to the 
authority contained in section one of this act unless and 
until the father of said Reino A. Maki is appointed his legal 
guardian. Said monies shall be expended by the said 
guardian for the health, education and welfare of the said 
Reino A. Maki. Approved May 28, 1958. 

An Act to extend the electric light district in the Chav 425 

TOWN OF DIGHTON. 

Be it enacted, etc., as follows: 

Chapter 316 of the acts of 1920 is hereby amended by 
striking out section 1 and inserting in place thereof the fol- 
lowing section: — Section 1. The inhabitants of the town 
of Dighton, exclusive of the inhabitants within the bound- 
aries set forth in section one of chapter three hundred and 
seventy-two of the acts of nineteen hundred and fifty-two, 



334 Acts, 1953. — Chaps. 426, 427. 

are hereby made a body corporate and shall constitute a 
district to be known as the Dighton Electric Light District, 
for the sole purpose of purchasing electricity in order to 
furnish street lighting in said district. For such purposes the 
Dighton Electric Light District may exercise all the au- 
thority given a city or town by section ninety-two of chap- 
ter seven hundred and forty-two of the acts of nineteen hun- 
dred and fourteen and all acts in amendment thereof and 
in addition thereto. Approved May 28, 1953. 

ChapA26 An Act authorizing the town of north attleborough 

TO APPOINT STANLEY A. ANGELL AND WILLIAM A. DONLY 
AS PERMANENT MEMBERS OF THE FIRE DEPARTMENT OF 
SAID TOWN. 

Be it enacted, etc., as follows: 

Section L Notwithstanding any provision of law to the 
contrary, the selectmen of the town of North Attleborough 
are hereby authorized to appoint Stanley A. Angell and 
William A. Donly as permanent members of the fire depart- 
ment of said town provided they pass a qualifying examina- 
tion. LTpon such appointment they shall become subject to 
the civil service laws and rules and their tenure of office shall 
be unlimited, subject, however, to said laws. 

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

Approved May 28, 1953. 

Chap. 427 An Act authorizing the department of mental health 

TO SELL AND CONVEY CERTAIN LAND LOCATED IN THE TOWN 
OF FOXBOROUGH. 

Be it enacted, etc., as follows: 

Section L The commissioner of mental health, in the 
name and on behalf of the commonwealth, is hereby au- 
thorized and directed, subject to the conditions hereinafter 
set forth, to sell and convey for a nominal consideration to 
the Laurence W. Foster Post No. 93, Inc., The American 
Legion for use as a legion home the following parcels of land, 
with the buildings thereon, located in the town of Fox- 
borough : — 

(1) A certain parcel of land shown as lots 98, 99 and 100 
on Plan of "Fairlawn" Foxborough, recorded in Norfolk 
Registry of Deeds in plan book 45, plan 2121, bounded and 
described as follows : — northerly, by lot 97 on said plan, 
229.8 feet; westerly, by Central street, 78.30 feet; easterly, 
by lots 115, 116 and 117 on said plan, 85.20 feet; and 
southerly by lot 101 on said plan, 254.2 feet. 

(2) A certain parcel of land shown as lots 113 to 122, both 
inclusive, on said plan, bounded and described as follows: — 
northerly, by lot 112 on said plan; easterly, by Robinson 
street, shown on said plan, 312.9 feet; southerly, by land 
now or late of Freeman, 104.4 feet; and westerly by lots 96 
to 105, on said plan, 284 feet. 



Acts, 1953. —Chap. 428. 335 

(3) A certain parcel of land shown as lots 125 to 140, both 
inclusive, on said plan, bounded and described as follows: — 
northerly, by lot 124 on said plan, 105.5 feet; easterly by 
land of New York, New Plaven and Hartford Railroad 
Company, shown on said plan, 481 feet; southerly, by land 
of Freeman, 135 feet; and westerly, by Robinson street, so 
called, 435 feet. 

Meaning to convey that portion of Robinson street, so 
called, lying westerly of lots 125 to 140, inclusive, together 
with all rights and privileges in the streets and ways shown 
on said plan and all other rights, privileges and appurtenances 
thereto appertaining. 

Section 2. In the event that said land is not used on or 
before the first day of July, nineteen hundred and fifty-six, 
for the purpose for which it was conveyed, then title to all 
of said land shall revert to and be vested in the common- 
wealth. If on said date said land is so used, but at any time 
thereafter it or any part of it ceases to be used for said pur- 
pose, the title to all of said land shall thereupon revert to 
the commonwealth. The deed conve.ying said land shall 
contain such additional provisions binding on the grantee 
as the commissioner may deem advisable and shall be ap- 
proved as to its form by the attorney general. 

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

Approved June 1, 1953. 



An Act relative to referendum procedure in the ChapA2S 

TOWN OF DARTMOUTH. 

Be it enacted, etc., as follows: 

Chapter 26 of the acts of 1927 is hereby amended by 
striking out section 8 and inserting in place thereof the 
following section: — Section 8. A vote passed at any rep- 
resentative town meeting authorizing the expenditure of 
twenty thousand dollars or more as a special appropriation, 
or estabHshing or abolishing a board or office, merging two 
or more boards or offices, fixing the term of office of town 
officers, w^here such term is optional, increasing or reducing 
the number of members of a board, or adopting or amending 
a by-law, shall not be operative until after the expiration of 
five days, exclusive of Sundays and holidays, from the dis- 
solution of the meeting. If, within said five days a petition, 
signed by not less than three per cent of the 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 a vote be submitted to the registered voters of the 
town at large, the selectmen, within fourteen days of the 
filing of such petition, shall call a special town meeting for 
the sole purpose of presenting to the registered voters at 
large the question or questions so involved, and said meeting 
shall be convened not less than ten days, nor more than 



336 Acts, 1953. — Chaps. 429, 430. 

twenty days from the date of the call of such meeting. The 
polls shall be opened not later than eleven o'clock in the 
forenoon and shall be closed not earher than eight o'clock in 
the evening, and all votes upon any question 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 a majority vote of the registered voters 
of the town voting thereon, but no action of the representa- 
tive town meeting shall be reversed unless at least twenty 
per cent of the registered voters shall vote to disapprove 
such action. Each question so submitted shall be in the form 
of the following question, which shall be placed upon the 
official ballot: — "Shall the town vote to approve the action 
of the representative town meeting whereby it was voted 
(the vote as it appears in the records of the town clerk)?". 
If such petition is not filed within said period of five days, 
the vote of the representative town meeting shall become 
operative and effective upon the expiration of said period. 

Approved June 1, 1953. 



ChapA29 An Act designating a portion of the state highway 

KNOWN AS ROUTE 2 AS THE MOHAWK TRAIL. 

Be it enacted, etc., as follows: 

That portion of the state highway known as route 2, be- 
ginning at the junction of the highway known as U. S. route 7 
on Main street in the town of Williamsto^^^l and extending 
easterly through the town of Greenfield to the junction of 
the state highway known as route 63 in the town of Erving, 
shall be known and designated as the Mohawk Trail, and 
suitable markers bearing said designation shall be erected 
and maintained along said highway by the state department 
of pubhc works. Approved June 1, 1953. 



C/iap. 430 An Act designating a portion of the state highway 

KNOWN AS route 2 AS THE TACONIC TRAIL. 

Be it enacted, etc., as follows: 

That portion of the state highway known as route 2, be- 
ginning at the junction of the highway known as U. S. 
route 7 on Main street in the town of Williamstown, and 
extending northwesterly to the New York state line and 
the town of Petersburg in said state, shall be known and 
designated as the Taconic Trail, and suitable markers bear- 
ing said designation shall be erected and maintained along 
said highway by the state department of public works. 

Approved June 1, 1953. 



Acts, 1953. — Chaps. 431, 432, 433. 337 

An Act establishing the office of assistant manager (jhn^. aq\ 
OF the municipal lighting commission for the city ^ ■ 

OF PEABODY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 286 of the acts of 1951 is hereby 
amended by striking out section 2, as amended by section 1 
of chapter 495 of the acts of 1952, and inserting in place 
thereof the following section : — Section 2. The commis- 
sion shall establish the offices of manager and assistant 
manager, and shall fix the salaries of such offices. Said 
manager and assistant manager shall not be members of the 
commission and shall not be subject to the provisions of 
chapter thirty-one of the General Laws and the rules made 
thereunder. 

Section 2. This act shall become effective upon its ac- 
ceptance by the mayor and city council of the city of Pea- 
body. Approved June 1, 1953. 

An Act relative to the contents of and the arrange- QIkuj 432 
ment of names on ballots. ^' 

Be it enacted, etc., as follows: 

The second paragraph of section 42 of chapter 54 of the g. l. (Ter. 
General Laws is hereby amended by striking out the first ftci^'amendtd. 
sentence, as amended by chapter 212 of the acts of the 
current year, and inserting in place thereof the following 
two sentences: — Under the designation of the office, the Arrangement 
names of candidates for each municipal elective office shall, ^^un^^pai°° 
except as city charters otherwise provide, be arranged alpha- ballots, 
betically according to their surnames, except that names of '"^^"'**®'^- 
candidates for re-election to any such office of which they 
are the elected incumbents shall, except as provided in sec- 
tion thirty-three in places where voting machines are used, 
be placed first on the ballot in alphabetical order according 
to their surnames, next and in like order the names of candi- 
dates of political parties as defined in chapter fifty, and the 
names of all other candidates shall follow in Hke order. The 
names of candidates for different terms of service in the same 
office shall be arranged in groups according to the length 
of their respective terms, and the names of candidates nom- 
inated by single wards but to be voted for at large, shall be 
arranged in groups by wards in hke order. 

Approved June 1, 1953. 

An Act relative to the use of the proceeds of certain Qfia/n 433 

BOND issues of THE METROPOLITAN TRANSIT AUTHORITY. 

Be it enacted, etc., as follows: 

Section L Paragraph (j) of section 8A of chapter 544 
of the acts of 1947 is hereby amended by striking out the 
fifteenth sentence, as appearing in section 3 of chapter 572 
of the acts of 1949, and inserting in place thereof the follow- 



338 Acts, 1953. — Chap. 434. 

ing sentence : — The proceeds of bonds of the authority 
issued under this paragraph shall be used by it only for the 
purposes hereinbefore set forth and pending such use may 
be invested in obligations of the United States government, 
maturing, in the case of each purchase of such obligations 
by the authority, in not more than one year from the date 
of such purchase. 

Section 2. The second paragraph of section 22 of said 
chapter 544 is hereby amended by striking out the last 
sentence and inserting in place thereof the following sen- 
tence : — The proceeds of said bonds or notes of the au- 
thority shall be used by it only for the purposes herein- 
before set forth and pending such use may be invested in 
obligations of the United States government, maturing, in 
the case of each purchase of such obligations by the au- 
thority, in not more than one year from the date of such 
purchase. 

Section 3. Section 6 of chapter 649 of the acts of 1949 
is hereby amended by striking out the fifteenth sentence 
and inserting in place thereof the following sentence : — 
The proceeds of bonds of the authority issued under this 
section shall be used by it only for the purposes hereinbefore 
set forth and pending such use may be invested in obUga- 
tions of the United States goverimoient, matuiing, in the 
case of each purchase of such obligations by the authority, 
in not more than one year from the date of such purchase. 

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

Approved June 2, 1953. 

ChapAS4: An Act relative to rent control. 

Emergency WJiereas, The deferred operation of this act would tend 

pream e. ^^ defeat its purposc which is, in part, to alleviate the severe 
shortage of rental housing in certain areas of the common- 
wealth which shortage has caused a serious emergency detri- 
mental to the public peace, health, safety and convenience, 
therefore this act is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public peace, 
health, welfare, safety and convenience. 

Be it enacted, etc., as follows : 

S^emlrSy. SECTION 1. The general court finds and declares that a 
serious public emergency exists with respect to the housing 
of a substantial number of the citizens in certain areas of 
this commonwealth, which emergency has been created by 
war, the effects of war and the national emergency which 
presently confronts our nation, and which has resulted in 
a substantial shortage of rental housing accommodations; 
that unless residential rents and eviction of tenants are regu- 
lated and controlled, such emergency and the inflationary 
pressures resulting therefrom will produce serious threats to 
the public health, safety and general welfare of the citizens 
of this commonwealth; that such emergency should be met 



Acts, 1953. — Chap. 434. 339 

by the commonwealth immediately and with due regard for 
th(; rights and responsibilities of its local communities. 

Section 2. The following words or groups of words as oefinitionB. 
used in this act shall have the following meanings: 

(a) "Housing accommodations", any building, structure, 
or part thereof, or land appurtenant thereto, or any other 
real or personal property rented or offered for rent for Hving 
or dwelling purposes, including houses, apartments, rooming 
or boarding-house accommodations, and other properties used 
for living or dwelling purposes, together with all privileges, 
services, furnishings, furniture and facilities connected with 
the use or occupancy of such property. 

(6) "Controlled housing accommodations", all housing ac- 
commodations except: 

(1) Those housing accommodations, in any estabUshment 
which on the eifective date of this act is commonly known 
as a hotel in the community in which it is located, which 
are occupied by persons who are provided customary hotel 
services such as maid service, furnishing and laundering of 
linen, telephone and secretarial or desk service, use and 
upkeep of furniture and fixtures, and bellboy service; or 

(2) Any motor court, or any part thereof; any trailer, 
or trailer space, used exclusively for transient occupancy on 
the effective date of this act, or any part thereof; or any 
tourist home serving, on said date, transient guests exclu- 
sively, or any part thereof; or 

(3) Any housing accommodations {i) the construction of 
which was completed on or after February first, nineteen 
hundred and forty-seven, or which are housing accommoda- 
tions created by a change from a non-housing to a housing 
use on or after February first, nineteen hundred and forty- 
seven, or wliich are additional housing accommodations 
created by conversion on or after February first, nineteen 
hundred and forty-seven; provided, however, that any 
housing accommodations resulting from any conversion 
created on or after April first, nineteen hundred and forty- 
nine, shall continue to be controlled housing accommoda- 
tions unless the city or town rent board issues an order 
decontrolling them, which it shall issue if it finds that the 
conversion resulted in additional, self-contained family units 
as defined by regulations issued by it; or (m) the construc- 
tion of which was completed on or after February first, 
nineteen hundred and forty-five, and prior to February first, 
nineteen hundred and forty-seven, and which between the 
date of completion and June thirtieth, nineteen hundred 
and forty-seven, both dates inclusive, at no time were rented, 
other than to members of the immediate family of the land- 
lord, as housing accommodations; or (m) which on the 
effective date of this act are vacant or later become vacant, 
except as otherwise provided in section five (6); or (iv) 
which on the effective date of this act had a rental at the 
gross monthly rate of more than one hundred and fifty 
dollars; or 



340 



Acts, 1953. — Chap. 434. 



Unpaid rent 
boards. 



Employees. 



(4) Non-housekeeping, furnished housing accommoda- 
tions; or 

(5) Any housing accommodation which was not controlled 
under any provision of any federal rent control law or regu- 
lation in effect immediately preceding the effective date of 
this act; or 

(6) On or after July thirty-first, nineteen hundred and 
fifty-three, all housing accommodations in every city and 
town in the commonwealth except the housing accommoda- 
tions in those cities and towns which accept the provisions 
of this act in accordance wdth section twelve. 

Section 3. (a) The governor, with the advice and con- 
sent of the council, may appoint at any time after the pas- 
sage of this act a temporary state housing rent co-ordinator 
who shall serve at the pleasure of and directly under the gov- 
ernor. Said co-ordinator may be a person employed by the 
commonwealth in another capacity and, if so, may receive 
additional compensation notwithstanding the provisions of 
section twenty-one of chapter thirty of the General Laws. 
Said co-ordinator may employ and remove such persons as 
he deems necessary; and he shall be provided adequate 
offices for the performance of his duties. All such employees 
shall be exempt from the operation of chapter thirty-one of 
the General Laws and section nine A of chapter thirty of the 
General Laws. 

(b) The co-ordinator may prescribe such forms to be used 
consistent with the provisions of this act as he deems neces- 
sary or desirable to effectuate the provisions hereof. He shall 
be available, in an advisory capacity, to city and town rent 
boards for the purpose of attaining, as nearly as practicable, 
uniformity in establishing rents, and rules and regulations. 
The co-ordinator shall co-operate with the federal govern- 
ment in effectuating the purposes of this act, and shall en- 
deavor to procure and may accept from officers and agencies 
of the federal government such co-operation, information, 
records, data and equipment as will assist the local rent 
boards in effectuating such purposes. 

Section 4. (a) Upon the acceptance of this act as set 
forth in sections twelve and fourteen, the mayor or city 
manager in cities having a manager form of government sub- 
ject in both instances to confirmation by the city council; 
and, in towns, the board of selectmen, shall appoint a rent 
board of at least five members. A majority of said board 
shall be representatives of the pubhc interest and the re- 
mainder shall be equally representatives of the landlords 
and tenants. Said rent board shall have the powers set 
forth in sections five and nine with respect to controlled 
housing accommodations in such city or town. 

(6) Members of rent boards shall receive no compensa- 
tion for their services as such, but shall be reimbursed by 
said city and town for necessary expenses incurred in the 
performance of their duties. A rent board may employ and 
fix the salaries of such assistants and clerical aid as it deems 



duties. 



Acts, 1953. — Chap. 434. 341 

necessary, wath the approval of the mayor or city manager 
or the board of selectmen, as the case may be. Such assist- 
ants and clerical aid may be removed at the pleasure of the 
rent board and shall be exempt from the operation of chap- 
ter thirty-one and section nine A of chapter thirty of the 
General Laws. During the current jQscal year, rent boards 
are authorized to incur habilities in carrying out the pro- 
visions of this act and payments therefor shall be made from 
the city or town treasury from any available funds therein, 
and the sums so expended in that period shall be certified 
by the treasurer of the city or town in January of nineteen 
hundred and fifty-four to the board of assessors who shall, 
without further vote of the city or town, raise such sums 
in the tax levy of nineteen hundred and fifty-four. To pro- 
vide funds for meeting subsequent expenditures authorized 
hereunder, a city or town may raise such sums as may be 
necessary by taxation, or by transfer from available revenue 
funds. 

(c) Forty per cent of the amounts expended by the cities 
and towns for the purposes of this act with the approval of 
the rent boards shall be reimbursed by the commonwealth 
upon approval and certification to the comptroller by the 
co-ordinator. 

Section 5. (a) Subject to the provisions hereof, no per- Powers and 
son shall demand, accept or receive any rent for the use or 
occupancy of any controlled housing accommodations greater 
than the maximum rent established therefor by federal rent 
controls in force immediately preceding the effective date 
of this act; provided, however, that the city or town rent 
board shall, by regulation or order, make such individual 
and general adjustments in such maximum rents with re- 
spect to any housing accommodations or any class of housing 
accommodations as may be necessary to remove hardships 
or to correct other inequities, or further to carry out the pur- 
poses and provisions of this act, provided that the landlord 
certifies that he is maintaining all services required to be 
furnished as of the date determining the maximum rent 
under federal rent controls in force immediately preceding 
the effective date of this act, and that he will continue to 
maintain such services as long as the adjustment in such 
maximum rent which may be granted continues in effect. 
In making and recommending individual and general ad- 
justments to remove hardships or to correct other inequities, 
due weight shall be given to the principle of maintaining 
maximum rents for controlled housing accommodations at 
levels which will yield to landlords a fair net operating in- 
come from such housing accommodations. In determining 
whether the maximum rent for controlled housing accommo- 
dations yields a fair net operating income from such housing 
accommodations, due consideration shall be given to the 
following, among other relevant factors; (1) increases in 
property taxes; (2) unavoidable increases in operating and 
maintenance expenses; (3) major capital improvement of 



342 Acts, 1953. — Chap. 434. 

the housing accommodations as distinguished from ordinary 
repair, replacement and maintenance; (4) increases or de- 
creases in hving space, services, furniture, furnishings or 
equipment; and (5) substantial deterioration of the housing 
accommodations, other than ordinary wear and tear, or fail- 
ure to perform ordinary repair, replacement or maintenance. 
(6) The rent board is authorized and directed to remove 
any or all maximum rents in such city or town or portion 
thereof or with respect to any class of housing accommoda- 
tions if in its judgment the need for continuing maximum 
rents in such city or town or portion thereof or with respect 
to such class of housing accommodations no longer exists, 
due to sufficient construction of new housing accommoda- 
tions or when the demand for rental housing accommoda- 
tions has been otherwise reasonably met. The rent board 
may re-establish maximum rents in such city or town or 
with respect to those housing accommodations referred to 
in section two (b) (3) (m) and (iv) if, in its judgment, such 
action again becomes necessary to carry out the purposes of 
this act and provided, further, that it finds and declares that 
a substantial shortage of rental housing accommodations 
exists in such city or town and that the control of rents 
therein is necessary in the public interest. 

(c) Any action taken under the provisions of the pre- 
ceding paragraph except with respect to those housing ac- 
commodations referred to in section two (6) (3) (m) and 
(iv) shall be preceded by a public hearing at which interested 
persons shall be given a reasonable opportunity to be heard 
with the right to be represented by counsel and as to which 
notice of the time, date, place and purpose of such hearing 
shall be given in writing to the mayor or selectmen not less 
than fifteen days prior to such date and by publication in 
a newspaper of general circulation in the city or town at 
least fifteen days prior to such date. 

(d) Nothing in this act shall be interpreted or construed 
to authorize the prohibition, in the case of any rental agree- 
ment hereafter entered into, of the demand, collection or 
retention of a security deposit, if said deposit does not ex- 
ceed the rent for one month in addition to the otherwise 
authorized collection of rent in advance. 

Appeals. Section 6. (a) Any person who is aggrieved by any ac- 

tion, regulation or order of the rent board may file a com- 
plaint against the rent board in the district court for the 
judicial district within which is located the controlled hous- 
ing accommodation affected by such action, regulation or 
order, and thereupon an order of notice shall be issued by 
such court and served on the rent board. Such district 
court shall have exclusive original jurisdiction of such pro- 
ceedings and shall be authorized to take such action with 
respect thereto as is provided in the case of the superior 
court under the provisions of chapter two hundred and 
thirty-one A of the General Laws. Section three of said 
chapter two hundred and thirty-one A shall not apply. All 



Acts, 1953. — Chap. 434. 343 

orders, judgments and decrees of such district court may be 
reviewed as is provided in the case of an action at law in 
such district court. 

(6) The district court for the judicial district within which 
is located the controlled housing accommodation concerned 
shall have exclusive original jurisdiction of actions arising 
out of the provisions of section seven of this act. 

(c) Any party to a proceeding brought under the pro- 
visions of (a) and (b) may, no later than the time provided 
for the filing of an answer, file in said court a claim of trial 
by jury, with an affidavit of such party that in his opinion 
there is an issue of fact requiring a trial by jury and that 
such trial is in good faith intended, together with the sum 
of five dollars for the entry of the cause in the superior 
court. The clerk shall forthwith transmit the papers in the 
cause and send the entry fee to the clerk of the superior 
court and the case shall proceed as though originally entered 
there, except that section three of chapter two hundred and 
thirty-one A of the General Laws shall not apply. 

Section 7. (a) Any person who demands, accepts, re- 
ceives or retains any payment of rent in excess of the maxi- 
mum rent prescribed under the provisions of this act, or 
any regulation, order or requirement thereunder, shall be 
liable to the person from whom such payment is demanded,/ 
accepted, received or retained, or shall be hable to the 
municipality as hereinafter provided, for reasonable attor- 
ney's fees and costs as determined by the court, plus liqui- 
dated damages in the amounts of (1) fifty dollars, or (2) 
not more than three times the amount by which the payment 
or payments demanded, accepted, received or retained ex- 
ceed the maximum rent which could lawfully be demanded, 
accepted, received or retained, as the court in its discretion 
may determine, whichever in either case may be the greater 
amount: provided, that the amount of such liquidated 
damages shall be the amount of the overcharge or over- 
charges if the defendant proves that the violation was 
neither wilful nor the result of failure to take practicable 
precautions against the occurrence of the violation. 

(b) Suit to recover liquidated damages as provided in ^/'"jij^g*"" 
this section may be brought not later than one year after ° """ *' 
the date of violation: provided, that if the person from 
whom such payment is demanded, accepted, received or 
retained either fails to institute an action under this section 
within thirty days from the date of the occurrence of the 
violation or is not entitled for any reason to bring the action, 
the rent board, on behalf of the municipality, may settle 
the claim arising out of the violation or not later than one 
year after the date of violation may institute such action. 
If such claim is settled or such action is instituted, the 
person from whom such payment is demanded, accepted, 
received or retained, shall thereafter be barred from bringing 
an action for the same violation or violations. For the 
purpose of determining the amount of liquidated damages 



344 Acts, 1953. — Chap. 434. 

to be awarded to the plaintiff in an action brought under 
subsection (a) of this section, all violations alleged in an 
action under said subsection (a) which were committed by 
the defendant with respect to the plaintiff prior to the 
bringing of such an action shall be deemed to constitute one 
violation and, the amount demanded, accepted, received or 
retained in connection with such one violation shall be 
deemed to be the aggregate amount demanded, received or 
retained in connection with all such violations. A judgment 
for damages or on the merits in any action under this section 
shall be a bar to any recovery under this section in any other 
action against the same defendant on account of any viola- 
tion with respect to the same person prior to the institution 
of the action in which such judgment was rendered. 
Penalties. SECTION 8. (o) It shall be uulawful for any person to 

demand, accept, receive or retain any rent for the use or occu- 
pancy of any controlled housing accommodations in excess 
of the maximum rent prescribed under this act, or otherwise 
to do or omit to do any act, in violation of this act, or of any 
regulation or order or requirement under this act, or to 
offer, solicit, attempt or agree to do any of the foregoing. 

(b) Any person who wilfully violates any provisions of 
this act, or who knowingly makes any statement or entry 
false in any material respect in any document or report 
required to be kept on file under this act, or under any 
order or regulation issued bj^ the rent board pursuant thereto, 
shall be fined not more than five hundred dollars or im- 
prisoned not more than ninety days, or both. 

Section 9. (a) Any rent board may make such studies 
and investigations, conduct such hearings, and obtain such 
information, as it deems necessary in prescribing any regula- 
tion or order under this act, or any administration and 
enforcement of this act and regulations and orders pre- 
scribed thereunder. For such purposes it may require any 
person who rents or offers for rent or acts as broker or agent 
for the rental of any controlled housing accommodations to 
furnish any information required by it under oath, and to 
produce records and other documents and make reports. 

(6) For the foregoing purposes a person may be sum- 
moned to attend and testify and to produce books and 
papers in hke manner as he may be summoned to attend 
as a witness before a court. Such person shall have the 
right to be represented by counsel and to examine the 
transcript of his testimony at reasonable times and places. 
Section ten of chapter two hundred and tliirty-three of the 
General Laws shall apply. 

Section 10. No person shall bring any action to recover 
possession of any controlled housing accommodations, ex- 
cept : (a) for non-payment of rent ; (b) for nuisance ; (c) when 
the landlord seeks in good faith to recover possession for the 
use and occupancy as a housing accommodation by members 
of his immediate family, and for the purpose of this section, 
immediate family shall include the landlord's children, step- 



Acts, 1953. — Chap. 434. 345 

children, adopted children, father, mother, brother, sister, 
father-in-law, mother-in-law, son-in-law and daughter-in- 
law; (d) when the landlord seeks in good faith to recover 
possession for the immediate purpose of remodeling sub- 
stantially or making substantial structural alteration in a 
manner which cannot practicably be done with the tenant 
in possession, provided that the owner can establish that 
additional housing accommodations will be made available 
by such remodeling or alteration, and provided, further, 
that such approval as may be required by law for such 
remodehng or alteration has been obtained; (e) when the 
landlord seeks in good faith to recover possession for the im- 
mediate purpose of demolishing the building in which the 
premises are located, provided that such approval as may 
be required by law for such demolition has been obtained; 
(/) when the landlord is a nonprofit religious, charitable or 
educational institution which seeks in good faith to re- 
cover possession for the immediate purpose of housing its 
staff members; (g) when the tenant has violated a substan- 
tial obligation of his tenancy other than the obligation to 
surrender possession of such housing accommodations; 
(h) when the tenant has refused the landlord access to the 
housing accommodations at reasonable times for the pur- 
pose of inspection; (i) when the tenant's lease or other rental 
agreement has expired or otherwise terminated, and at the 
time of termination the occupants of the housing accommo- 
dations are subtenants or other persons who occupied under 
a rental agreement with the tenant, and no part of the ac- 
commodations are used by the tenant as his dwelUng. 

Section 11. Notwithstanding the provisions of this act 
the United States, the commonwealth, or any agency or 
poUtical subdivision thereof, may maintain an action or pro- 
ceeding to recover possession of any housing accommodations 
operated by it where such action or proceeding is authorized 
by the statute or regulation under which such accommoda- 
tions are administered. 

Section 12. Any city or town in which federal rent con- Acceptance 
trols exist at the time of the passage of this act may, between p^iitie"'°'' 
the date of said passage and June thirtieth, nineteen hundred 
and fifty-four, by vote of the city council, if a city, or of a 
town meeting called for the purpose, if a town, accept the 
provisions of this act. Such vote shall include a declaration 
that a substantial shortage of rental housing accommoda- 
tions exists in such city or town and that the control of rents 
therein is necessary in the public interest. Such city or 
town, after taking such action, may in like manner at any 
time thereafter rescind it. 

Section 13. This act shall take effect in any municipality 
which has voted to accept the provisions of this act under 
section twelve immediately upon the termination of existing 
federal rent controls effective therein. 

Section 14. This act and all powers delegated herein Termination. 
shall terminate on June thirtieth, nineteen hundred and 



346 Acts, 1953. — Chaps. 435, 436. 

fifty-four, provided, however, that any city or town in which 
rent controls are effective on that date may vote to continue 
the provisions of this act in accordance with section twelve 
for an added period not exceeding nine months from said 
date. This act shall not apply in any municipality of the 
commonwealth during the period in which a law of the 
United States imposes, or but for this act would impose, 
rent controls therein. As to offences committed or rights or 
liabilities incurred prior to such termination, the provisions 
of this act shall be treated as still remaining in force for the 
purpose of sustaining any proper suit, action or prosecution 
with respect to any such right, liability or offence. 

Section 15. If any provision of this act or the applica- 
tion of such provision to an}^ person or circumstances shall 
be held invalid, the validity of the remainder of this act and 
the applicability of such provision to other persons or cir- 
cumstances shall not be affected thereby. 

Approved June 2, 1953. 

ChapASo An Act placing certain employees of the department 

OF EDUCATION UNDER THE CIVII> SERVICE LAWS. 

Be it enacted, etc., as follows. • 

Section 1. The positions of persons employed in the 
department of public welfare, under the provisions of chap- 
ter six hundred and thirty-four of the acts of nineteen hun- 
dred and forty-one, shall, upon the effective date of this act, 
be transferred to the department of education and become 
subject to the same laws and rules governing other employees 
in the department of education engaged in carrying out the 
provisions of chapter five hundred and forty-eight of the acts 
of nineteen hundred and forty-eight, as amended. 

Section 2. The incumbent of every such position on 
January second, nineteen hundred and fifty-three shall be 
subjected to a qualifying examination for such position by 
the division of civil service. If such an incumbent passes 
said examination, he shall be certified for said position and 
shall be deemed to be permanently appointed thereto with- 
out serving any probationary period, and his tenure of 
oflEice, as well as the tenure of office of any subsequent in- 
cumbent of said position, shall be unlimited, subject, how- 
ever, to the provisions of the civil service laws and rules. 

Approved June 2, W53. 

Chap. 4:36 An Act relative to the payment of salary or wages 

AND OTHER SUMS OWING BY POLITICAL SUBDIVISIONS OF 
THE COMMONWEALTH UPON THE DEATHS OF THEIR OFFICERS 
AND EMPLOYEES. 

Be it enacted, etc., as follows: 

Ed.V' .ss!^"^' Section 1. Chapter 35 of the General Laws is hereby 

new's ioB, amended by inserting after section 19A, inserted by section 2 



sddei 



of chapter 635 of the acts of 1945, the following section: 



Acts, 1953. — Chap. 436. 347 

Section 19B. Whenever any officer or employee or former Payment by- 
officer or employee of a county dies, and such county owes saiaHefdue 
his estate any sum or sums by reason of the terms of his "fempfo^yees 
employment, the aggregate amount of which does not ex- authorized. 
ceed five hundred dollars, and a duly appointed adminis- 
trator or executor has not made written demand for payment 
upon the treasurer of such county and such treasurer does 
not otherwise have actual notice that probate proceedings 
relative to such estate have been commenced, such sum or 
sums may, in the discretion of such treasurer, be paid after 
the expiration of one month from the death of such officer 
or employee to the husband, widow or next of kin of such 
officer or employee. Payments made as provided in this 
section shall discharge all liability of the county to all per- 
sons with respect to such sum or sums. 

Section 2. Section HIE of chapter 41 of the General Edo.i?'" 
Laws, inserted by section 2 of chapter 475 of the acts of §iiiE, "etc., 
1949, is hereby amended by striking out the first two sen- ^'^^"'^'^'^• 
tences and inserting in place thereof the following sentence: 
— Whenever the employment of any person subject to Compensation 
section one hundred and eleven or section one hundred and V°acat;oM for 
eleven A is terminated during a year by dismissal through p^^pfj^y^gg 
no fault or delinquency on his part or by resignation, retire- 
ment or death, without his having been granted the vacation 
to which he is entitled under such section, he, or in case of 
his death, his estate, shall be paid, at the regular rate of 
compensation pa3^able to him at the termination of his 
employment, an amount in lieu of such vacation; provided, 
that no monetary or other allowance has already been made 
therefor. 

Section 3. Said chapter 41 is hereby amended by insert- gj^^j^^'new 
ing after section lllH, inserted by chapter 293 of the acts § iiii, ad'ded. 
of 1953, the following section: — Section 1111. Whenever Payment by 
any officer or employee or former officer or employee of a townsTn**iike 
city or town dies, and such city or town owes his estate any ^^^^|' ^ 
sum or sums by reason of services rendered by him or by '^''^" 
reason of section one hundred and eleven E or section one 
hundred and eleven F or other similar general or special 
law or by reason of other terms of his employment, the 
aggregate amount of which does not exceed five hundred 
dollars, and a duly appointed administrator or executor has 
not made written demand for payment upon the treasurer 
of such city or town and such treasurer shall not otherwise 
have actual notice that probate proceedings relative to such 
estate have been commenced, such sum or sums may, in 
the discretion of such treasurer, be paid after the expiration 
of one month from the death of such officer or employee to 
the husband, widow or next of kin of such officer or em- 
ployee. Payments made as provided in this section shall 
discharge all liability of the city or town to all persons with 
respect to such sum or sums. 

Section 4. Section 178A of chapter 149 of the General Ed^ilo,'' 
Laws, inserted by chapter 175 of the acts of 1932, is hereby § ^''^^•P*'' ■ 



348 



Acts, 1953. — Chap. 436. 



"Employee' 
not to 
include. 



G. L. (Ter. 
Ed.). 149, 
new § 178C, 
added. 

Payment by 
common- 
wealth in like 
rases, 
regulated. 



amended by adding at the end the following sentence: — 
The term "employee", as used in this section, shall not be 
construed to include an officer or employee of the common- 
wealth or of any political subdivision thereof. 

Section 5. Said chapter 149 is hereby further amended by 
inserting after section 178B, inserted by section 1 of chapter 
189 of the acts of 1947, the following section: — Section 
178C. Whenever any officer or employee or former officer 
or employee of a political subdivision of the commonwealth 
other than a county, city or town, dies, and such subdivision 
owes his estate any sum or sums by reason of the terms of 
his employment, the aggregate amount of which does not 
exceed five hundred dollars, and a duly appointed adminis- 
trator or executor has not made written demand for pay- 
ment upon the treasurer of such subdivision, and such 
treasurer does not otherwise have actual notice that probate 
proceedings relative to such estate have been commenced, 
such sum or sums may, in the discretion of such treasurer, 
be paid after the expiration of one month from the death of 
such officer or employee to the husband, widow or next of 
kin of such officer or employee. Payments made as pro- 
vided in this section shall discharge all liabiUty of the sub- 
division to all persons with respect to such sum or sums. 

Section 6. Section 3 of chapter 146 of the acts of 1947, 
as amended by section 1 of chapter 243 of the acts of 1950, 
is hereby further amended by striking out the first two 
sentences and inserting in place thereof the following sen- 
tence : — Whenever the employment of a member of said 
department is terminated during a year by dismissal through 
no fault or delinquency on his part or by retirement or 
death, without his having been granted the vacation to 
which he is entitled under section one, he, or in case of his 
death, his estate, shall be paid, at the regular rate of com- 
pensation payable to him at the termination of his employ- 
ment, an amount in lieu of such vacation; provided, that 
no monetary or other allowance has already been made 
therefor. 

Section 7. The provisions of section nineteen B of 
chapter thirty-five, section one hundred and eleven I of 
chapter forty-one, and section one hundred and seventy- 
eight C of chapter one hundred and forty-nine, of the Gen- 
eral Laws, as inserted bj^ sections one, three and five, re- 
spectively, of this act shall be construed to apply to cases 
coming within their terms, and also to cases where a person 
who at some time during his life was an officer or employee 
of a county, city, to^^^l, or other political subdivision of the 
commonwealth, as the case may be, has died, and such 
county, city, town, or subdivision, as the case may be, owes 
his estate a sum or sums by reason of the terms of his em- 
ployment, the aggregate amount of which does not exceed 
five hundred dollars, and a duly appointed administrator or 
executor neither has nor shall have made written demand 
for payment upon the treasurer of such county, city, town, 



Acts, 1953. — Chaps. 437, 438. 349 

or subdivision, as the case may be, and such treasurer shall 
not otherwise have actual notice that probate proceedings 
relative to such estate have been commenced. 

Approved June 2, 195S. 

An Act further defining a place of public accommo- ChavA37 

D ATI ON, RESORT OR AMUSEMENT. 

Be it enacted, etc., as follows: 

Section 92A of chapter 272 of the General Laws, inserted g l. (Ter. 
by chapter 117 of the acts of 1933, is hereby amended by §92A^Itc.. 
striking out the second paragraph and inserting in place amended, 
thereof the following paragraph : — 

A place of public accommodation, resort or amusement Place of 
within the meaning hereof shall be defined as and shall be n"odation;°^c'., 
deemed to include any place, whether hcensed or unhcensed, f^t^er defined. 
which is open to and accepts or sohcits the patronage of the 
general pubhc and, without limiting the generaUty of this 
definition, whether or not it be (1) an inn, tavern, hotel, 
shelter, roadhouse, motel, trailer camp or resort for transient 
or permanent guests or patrons seeking housing or lodging, 
food, drink, entertainment, health, recreation or rest; (2) 
a carrier, conveyance or elevator for the transportation of 
persons, whether operated on land, water or in the air, and 
the stations, terminals and facilities appurtenant thereto; 
(3) a gas station, garage, retail store or estabhshment, 
including those dispensing personal services; (4) a restau- 
rant, bar or eating place, where food, beverages, confections 
or their derivatives are sold for consumption on or off the 
premises; (5) a rest room, barber shop, beauty parlor, 
bathhouse, seashore facilities or swimming pool; (6) a 
boardwalk or other public highway; (7) an auditorium, 
theatre, music hall, meeting place or hall, including the 
common halls of buildings; (8) a place of public amusement, 
recreation, sport, exercise or entertainment; (9) a pubhc 
Ubrary, museum or planetarium; or (10) a hospital, dis- 
pensary or cUnic operating for profit; provided, however, 
that no place shall be deemed to be a place of pubhc ac- 
commodation, resort or amusement which is owned or 
operated by a club or institution whose products or facihties 
or services are available only to its members and their guests 
nor by any religious, racial or denominational institution 
or organization, nor by any organization operated for 
charitable or educational purposes. 

Approved June 2, 195S. 

An Act providing for the marking of the channel of QhavAZS 

PLUM ISLAND RIVER BY THE PLACING AND MAINTENANCE 
therein of BUOYS BY THE DEPARTMENT OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Section 1. The department of pubUc works is hereby 
authorized and directed to mark the channel of Plum Island 



350 



Acts, 1953. — Chaps. 439, 440. 



river between the Merrimack river and Ipswich bay by the 
placing and maintenance therein of buoys. For said pur- 
poses, said department may expend such sums as may be 
appropriated therefor. 

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

Approved June 4, 1953. 



G. L. (Ter. 
Ed.), 107. 
new § 45A, 
added. 
Use of 
facsimile 
signatures 
of treasurers 
in drawing 
certain checks, 
authorized. 



C'/iap. 439 An Act relative to the use of facsimile signatures 

IN THE DRAWING OF CHECKS BY THE TREASURERS OF 
PUBLIC BODIES. 

Be it enacted, etc., as follows: 

Chapter 107 of the General Laws, as amended, is hereby 
further amended by inserting after section 45 the following 
section: — Section 45 A. The treasurer of a public body 
shall, without further authority than that contained in this 
section, have power to use a facsimile machine for the 
purpose of affixing his signature to any check drawn by him 
in the name and behalf of the public body on any bank or 
trust company having funds of the public body on deposit. 
Any such bank or trust company, in addition to any other 
rights which it may have as drawee, may, in the absence of 
connivance or neglect on its part, pay and charge to the 
account upon which it is drawn every check drawn on such 
bank or trust company which check (1) bears on the part 
of the public body as drawer, regardless of by whom affixed, 
a facsimile signature of its treasurer made from the same 
plate as a specimen facsimile furnished by such treasurer to 
such bank or trust company, and (2) is inoperative solely 
because such facsimile signature was affixed without the 
authority of such treasurer. The treasurer of the public 
body shall be accountable on his official bond to the public 
body for the amount of every such check so paid and charged 
which bears a date within the period he is in office, whether 
or not such check is so paid and charged within such period. 
As used in this section, the term "public body" shall be 
deemed to include the commonwealth, and every county, 
city, tovvTi, district, authority or other political subdivision 
or governmental unit; and the term "treasurer" shall be 
deemed to include any person authorized by statute, ordi- 
nance or b3''-law, or in other lawful manner, to sign or 
countersign checks for the purpose of disbursing funds of 
the public body. Approved June 4, 1953. 



Chap. 4:4:0 An Act further providing suitable recognition of 

CERTAIN residents OF MASSACHUSETTS WHO SHALL HAVE 
SERVED IN THE ARMED FORCES OF THE UNITED STATES 
DURING HOSTILITIES IN KOREA. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide prompt recognition 
of certain residents of Massachusetts who have served in 
the armed forces of the United States during hostiUties in 



Emergency 
preamble. 



Acts, 1953. — Chap. 440. 351 

Korea, 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. Upon appUcation, as hereinafter provided, en°ergency 
there shall be allowed and paid out of the treasury of the tonus 
commonwealth without appropriation and without a war- '"^°^' ® " 
rant from the governor and council, to each person who shall 
have served in the armed forces of the United States, in 
active service, on or after June twenty-fifth, nineteen hun- 
dred and fifty, and prior to the date of termination of the 
Korean emergency as proclaimed by the proper federal au- 
thority, and who was discharged or released under honorable 
conditions from such service, the sums hereinafter specified; 
provided, that the domicile of every person on account of 
whose service the application is filed shall have been in the 
commonwealth for a period of not less than six months 
immediately prior to the time of his entry into service. 

(1) One hundred dollars to each person who performed 
not less than ninety days' active service, unless discharged 
or released as a result of injury or disease incurred or aggra- 
vated by such services, nor more than six months, but 
served no part thereof outside the continental limits of the 
United States. 

(2) Two hundred dollars to each person who performed 
active service for more than six months, but served no part 
thereof outside the continental hmits of the United States. 

(3) Three hundred dollars to each person who performed 
active service outside the continental hmits of the United 
States. 

Section 2. The words "armed forces", as used in this 
act, shall mean the following : — United States Army, 
Army of the United States, United States Navy, United 
States Naval Reserve, United States Marine Corps, United 
States Marine Corps Reserve, United States Coast Guard, 
United States Coast Guard Reserve, Army Nurse Corps, 
Navy Nurse Corps, United States Air Force, and United 
States Air Force Reserve and including women's branches 
of the said armed forces. 

Section 3. In the case of the decease of any ehgible Provision for 
person who would, if alive, be entitled to the benefits of of ^d^eased 
this act, the sum named therein shall be paid to his heirs-at- personnel. 
law; provided, that if there is more than one heir-at-law, 
payments shall in either case be made in such proportions 
as the commission shall determine, and in determining the 
order of precedence so far as practicable the following order 
shall be observed: — wife and children, mother or father, 
brother or sister, other dependents; provided, however, 
that no right or payment under this act shall be subject to 
the claims of creditors, capable of assignment, regarded as 
assets, legal or equitable of the estate of the deceased or 
made the bases for administration thereof. 



352 



Acts, 1953. — Chap. 440. 



Administra- 
tion. 



Certifications. 



Section 3A. In the case of the decease of any person 
who died while in active service, there shall be paid the 
sum of three hundred dollars subject to, and in the manner 
provided by section three. 

Section 4. In the case of any person who is mentally 
incompetent and is entitled to the benefits of this act and 
for whom no legal guardian has been appointed by the court, 
the sum named therein shall be paid to his dependents, and 
in determining the order of precedence so far as practicable 
the following order shall be observed : — wife and children, 
mother or father, brother or sister, other dependents. 

Section 5. There shall be a commission to be known as 
the Veterans' Bonus Commission, to consist of the commis- 
sioner of administration, the state treasurer and the attorney 
general. Said Veterans' Bonus Commission, in this act 
called the commission, shall receive apphcations from and 
authorize payments to persons eligible under the provisions 
of this act to receive the same. The commission shall em- 
ploy a director who shall receive such salary as the commis- 
sion, with the approval of the governor and council, may fix. 
The director shall be the executive officer of the commission 
and subject to its supervision and control, may within the 
Umits of appropriation incur such expenses and employ 
such employees or assistants as may be necessary to ad- 
minister the provisions of this act. No permanent positions 
shall be established and no such employee or assistant shall 
gain tenure of office as a result of employment under the 
provisions of this act notwithstanding any special or general 
law to the contrary, and the director and all employees or 
assistants shall be exempt from the provisions of chapter 
thirty-one of the General Laws. The members of the com- 
mission shall serve without additional compensation, but 
they shall be reimbursed as members of said commission for 
expenses directly related thereto from such funds as may 
be appropriated therefor. 

Section 6. Apphcations hereunder shall be filed with the 
commission, upon forms to be furnished by it. The com- 
mission may accept the written statement of an assessor of 
a city or town that a person claiming pay or on whose ac- 
count pay is claimed by a dependent or heir-at-law, under 
the provisions of this act, was a resident thereof on the first 
day of January, in any year, as prima facie evidence of the 
fact of such residence, and it may accept such other evi- 
dence of residence as it may consider adequate or necessary. 
The assessors of the several cities and towns shall, at the 
request of the commission, forthwith furnish such informa- 
tion relative to such residence as their records may disclose. 
The commission may require and accept such additional 
evidence as it may consider necessary to estabhsh the fact 
of domicile within the commonwealth as provided under 
section one of this act. 

Section 7. The adjutant general shall certify to the 
commission, from original discharge certificate, certificate of 



Acts, 1953. — Chap. 440. 353 

service, or report of separation from the armed forces to be 
submitted with appHcation required under section one of 
this act, as to dates of service and any other miUtary in- 
formation necessary to carry out the provisions of this act. 
The commission shall furnish to the adjutant general a 
microfilm record of all such original discharge certificates, 
certificates of service, and reports of separation from the 
armed forces, for the permanent records of the mihtary 
division of the commonwealth. 

Section 8. Whoever knowingly makes a false statement, Penalties 
oral or written, relating to a material fact in supporting a statements 
claim under the provisions of this act, shall be punished by i^oM.^"''^" 
a fine of not more than one thousand dollars, or by im- 
prisonment for not more than three years, or both. Offences 
under this section may be prosecuted by the attorney 
general, or under his direction, in any court within the 
commonwealth, and all fines collected hereunder shall be 
paid into the treasury of the commonwealth. 

Section 9. The state treasurer may borrow from time Financing. 
to time on the credit of the commonwealth such sums of 
money as may be necessary for the purpose of meeting 
pajntnents as authorized by sections one, three, three A and 
four of this act, and may issue and renew from time to 
time notes of the commonwealth therefor, bearing interest 
payable at such times at such rates as shall be fixed by the 
state treasurer. Such notes shall be issued and may be 
renewed one or more times for such terms, not exceeding one 
year, as the governor may recommend to the general court 
in accordance with section 3 of Article LXII of the Amend- 
ments to the Constitution of the Commonwealth, but the 
final maturities of such notes, whether original or renewal, 
shall be not later than June thirtieth, nineteen hundred and 
fifty-six. Notwithstanding any provision of this act, such 
notes shall be general obligations of the commonwealth. 

Section 10. Expenditures authorized by this act shall 
be obhgations of the Veterans' Services Fund estabUshed 
by chapter six hundred and eight of the acts of nineteen 
hundred and forty-six. To provide for the refinancing of 
notes authorized to be issued in section nine of this act and 
in the fiscal years nineteen hundred and fifty-three, nineteen 
hundred and fifty-four and nineteen hundred and fifty-five 
to refinance in the aggregate not more than thirty milhon 
dollars of the bonds issued under the provisions of said 
chapter six hundred and eight, the state treasurer shall, 
upon request of the governor and council, issue and sell at 
public or private sale bonds of the commonwealth, registered 
or with interest coupons attached, as he may deem best, to 
an amount to be specified by the governor and council from 
time to time, but not exceeding, in the aggregate, the sum of 
seventy-five million dollars. All bonds issued by the com- 
monwealth as aforesaid shall be designated on their face. 
Veterans' Services Fund Loan, Act of 1953, and shall be 
on the serial payment plan for such maximum term of years. 



354 Acts, 1953. — Chap. 441. 

not exceeding ten years, as the governor may recommend 
to the general court pursuant to section 3 of Article LXII 
of the Amendments to the Constitution of the Common- 
wealth, the maturities thereof to be so arranged in each 
issue that the amounts payable in the several years other 
than the final year shall be as nearly equal as in the opinion 
of the state treasurer it is practicable to make them. Said 
bonds shall bear interest semi-annually at such rate as the 
state treasurer, with the approval of the governor, shall fix, 
but such bonds shall be payable not earfier than July first, 
nineteen hundred and fifty-five, nor later than June thirtieth, 
nineteen hundred and seventy. All interest payments and 
payments on account of principal on such obligations shall 
be paid from said Veterans' Services Fund; provided, that, 
notwithstanding the foregoing, such obligations shall be 
general obligations of the commonwealth. 

Section 11. On and after the effective date of this act, 
the state treasurer shall not sell any additional bonds under 
the provisions of section two of chapter six hundred and 
eight of the acts of nineteen hundred and forty-six. 
Appeals. Section 12. Any person aggrieved by a decision of the 

commission in the matter of payments provided for by this 
act may appeal to a board, to consist of a member of the 
department of the state treasurer to be designated by the 
state treasurer, an assistant attorney general to be desig- 
nated by the attorney general, and the adjutant general or 
his representative, and shall be entitled to a hearing, after 
due notice, upon such appeal. The decision of any such 
board as established in this section shall be final. 

Section 13. Sections one, two, three, three A and four 
of this act shall take effect on September first, nineteen 
hundred and fifty-three, and the balance thereof shall take 
effect upon its passage. Approved June 5, 1953. 

ChapA4:l An Act increasing the amount of pensions for certain 
employees of the department of public works. 

Be it enacted, etc., as follows: 

Section 1. Chapter 403 of the acts of 1948, as amended 
by chapter 663 of the acts of 1950, is hereby further amended 
by striking out, in line 15, the word "fifteen" and insert- 
ing in place thereof the word : — twenty, — so as to read as 
follows : — For the purpose of promoting the public good 
and in consideration of long and meritorious service, any 
person who was employed by the commonwealth in the 
department of public works on July first, nineteen hundred 
and thirty-six, and who, because of having attained age 
fifty-five before July first, nineteen hundred and thirty-eight, 
was not eligible to become a member of the contributory 
retirement system, and who has been in the employ of the 
commonwealth in the department of public works for not 
less than fifteen years, and who has worked a total of not 
less than one hundred and twenty months in said department 



Acts, 1953. — Chaps. 442, 443, 444. 355 

during said employxQent period, and has attained the age of 
sixty-five or over shall on retirement receive from the com- 
monwealth for the remainder of his Hfe the sum of twenty- 
dollars per week. The expenses for this purpose shall be 
appropriated from the same source from which said em- 
ployees received their salary. 
Section 2. This act shall take effect upon its passage. 

Approved June 8, 1953. 

An Act to ascertain the will of the voters of the city qj^q^ 442 
of everett with reference to the question of con- ' 

STRUCTING and EQUIPPING A NEW CITY HALL. 

Be it enacted, etc., as follow s: 

Section 1. For the purpose of ascertaining the will of 
the voters of the city of Everett with reference to the ques- 
tion of constructing and equipping a new city hall in said 
city, there shall be placed upon the official ballot to be used 
at the biennial city election in said city in the current year 
the following question: — "Shall a new city hall be con- 
structed and equipped in the city of Everett?" 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 city that a new city hall be erected therein, 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 a new city hall 
shall not be erected therein. 

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

Approved June 8, 1953. 

An Act to abolish the grade crossing of the boston Chap.4:AS 

AND MAINE RAILROAD AND MIDDLESEX STREET IN THE 
CITY OF LOWELL. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized and 
directed to aboHsh the present grade crossings over the loca- 
tions of the Boston and Maine Railroad and Middlesex street 
in the city of Lowell in accordance with plans to be developed 
by the department of pubhc works for adequate grade sepa- 
ration structures. 

For said purposes, said department may expend such 
sums as may be appropriated therefor from the Highway 
Fund. Approved June 8, 1953. 

An Act providing for the abolition of certain grade QJiqt) 444 

CROSSINGS in the TOWN OF MANSFIELD BY THE CONSTRUC- 
TION OF ADEQUATE GRADE SEPARATION STRUCTURES IN 
PLACE THEREOF. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized and 
directed to abolish the present grade crossings over the lo- 



356 Acts, 1953. — Chaps. 445, 446. 

cations of the New York, New Haven and Hartford Rail- 
road Company on the Providence division and Old Colony 
division in the town of Mansfield, in accordance with plans 
to be developed by the department of pubUc works for ade- 
quate grade separation structures. 

For said purposes, said department may expend such 
sums as may be appropriated from the Highway Fund. 

Approved June 8, 19 58. 

Chap. 4:45 An Act authorizing the acquisition by boston edison 

COMPANY FOR ELECTRIC TRANSMISSION LINE AND OTHER 
PURPOSES, OF EASEMENTS IN AND OVER LANDS OF THE 
COMMONWEALTH OF MASSACHUSETTS IN THE TOWN OF 
NORFOLK. 

Be it enacted, etc., as follows: 

Subject to the approval of the governor and council, the 
commissioner of administration, in the name and behalf of 
the commonwealth, may sell and convey to Boston Edison 
Company, an electric company organized and existing under 
the laws of the commonwealth, perpetual rights and ease- 
ments for the transmission of electric current and for tele- 
phone and signal Hne purposes incidental thereto under, 
upon and over a strip of land not exceeding one hundred and 
fifty feet in width, said strip being a portion of the lands 
situated in the town of Norfolk held for the purposes of the 
state prison colony, the northerly side Une of said strip being 
the southerly side hne of an easement for a transmission hne 
now owned and operated by said company over said prem- 
ises, for such price and upon such terms and restrictions as 
may be agreed upon by the commissioner of administration 
and said company. Approved June 8, 1953. 

C hap. 44Q An Act relative to the purchase by the commonwealth 
of certain copies of the house journals from 1715 
to 1780. 

Be it enacted, etc., as follows: 

Chapter 413 of the acts of 1920 is hereby amended by 
striking out section 1, as most recently amended by chapter 
187 of the acts of 1931, and inserting in place thereof the 
following section: — Section 1. Whenever the journals of 
the house of representatives of Massachusetts Bay from 
seventeen hundred and fifteen to seventeen hundred and 
eighty, inclusive, in volumes each covering one year or more, 
shall be reprinted accurately by the Massachusetts Historical 
Society, in the manner and form of volume one, seventeen 
hundred and fifteen to seventeen hundred and seventeen, 
inclusive, now in the press, and approved by the secretary 
of the commonwealth, the secretary shall purchase from the 
society three hundred copies of the said journals at a price 
not exceeding seven dollars and fifty cents a volume, but in 



Acts, 1953. — Chap. 447. 357 

no year shall there be expended more than twenty-two hun- 
dred and fifty dollars; provided, that if the copies are plated, 
the plates shall be subject to the use of the commonwealth. 

Approved June 8, 1953. 



An Act to authorize the conveyance of certain lands ChavA4:7 

IN CAMBRIDGE BY THE METROPOLITAN DISTRICT COMMIS- 
SION TO THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The metropoUtan district commission, acting 
on behalf of the commonwealth, is hereby authorized and 
empowered to reconvey to the city of Cambridge, for nominal 
consideration, a portion of the lands conveyed to the metro- 
politan district commission by the city of Cambridge by 
deed dated January fifteenth, nineteen hundred and twenty- 
one, recorded with Middlesex South District Deeds, book 
4412, page 169, by authority of chapter five hundred and 
nine of the acts of nineteen hundred and twenty, and refer- 
endum of the voters of said city held in accordance with 
said chapter five hundred and nine on December seventh, 
nineteen hundred and twenty, such portion of said land being 
bounded and described as follows : — 

Beginning at the tangent point of a curve in the south- 
easterly line of Magazine street at its intersection with the 
southwesterly line of Granite street; 

Thence, northeasterly and southeasterly, by said south- 
westerly line of Granite street, one thousjind fifty-one and 
sixty-one one hundredths feet to the tangent point of a curve 
in the westerly line of Brookline street ; 

Thence, southerly and westerly by said Brookline street, 
three hundred feet to the tangent point of a curve in the 
northeasterly line of Memorial Drive ; 

Thence, northwesterly by said Memorial Drive, five hun- 
dred forty feet to a point in the present northeasterly fine 
of Memorial Drive; 

Thence, northerly by the proposed new fine of Memorial 
Drive, one hundred sixty-four feet to a point, which point is 
distant fifty-five feet northeasterly from the present north- 
easterly line of Memorial Drive; 

Thence, northwesterly by the proposed new Une of Me- 
iiiorial Drive, one hundred eighty feet to a point, which point 
is distant fifty feet northeasterly from the present north- 
easterly fine of Memorial Drive; 

I'hence, turning and running northerly forty feet to a 
point in the southeasterly fine of Magazine street, said point 
being distant forty-eight feet northeasterly from the tangent 
point of a curve in said southeasterly line of Magazine street ; 

Thence, northeasterly by said Magazine street, one hun- 
dred thirty-seven feet to the point of beginning. 

Containing two hundred eleven thousand, four hundred 
square feet, more or less. All the above measurements and 
area being more or less. 



358 Acts, 1953. — Chaps. 448, 449. 

The above described parcel of land is shown upon a plan 
entitled, "A Plan of Land Proposed to be Released by the 
Metropolitan District Commission to the City of Cam- 
bridge," dated April 20, 1953, drawn by Edgar W. Davis, 
City Engineer and on file in the office of the City Engineer, 
City Hall, Cambridge, Mass. 

Section 2. Upon such conveyance to the city of Cam- 
bridge, it shall hold such land for the purposes of the school 
department and of the recreation department of said city, 
and the city council of said city by ordinance or resolution 
may determine the portions thereof to be devoted to the 
said departments, respectively. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the year nineteen hundred and fifty-three 
by the city council of said city, subject to the provisions of 
its charter. Approved June 8, 1953. 

ChapA4:S An Act authorizing and directing the department 
OF public works to paint and maintain solid lines 

IN FRONT OF ALL SCHOOLS ON STATE HIGHWAYS. 

Be it enacted,