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

ACTS 



RESOLVES 



PASSED BY THE 



(lateral djourt of p^asBathuselts 

IN THE YEAR 

1954 

TOGETHER WITH 

TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY 

EDWARD J. CRONIN 
Secretary of the Commonwealth 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 
1954 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1954 



1^" The General Court, which was chosen November 4, 1952, 
assembled on Wednesday, the sixth day of January, 1954, for its 
second annual session. 

His Excellency Christian A. Hf.rter and His Honor Suainer G. 
Whjttier continued to serve as Governor and Lieutenant Gov- 
ernor, respectively, for the political year of 1954. 



ACTS. 



An Act authorizing the hadley water supply district 

TO BORROW money FOR WATER PURPOSES. 

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

Section 1. Chapter 146 of the acts of 1905 is hereby 
amended by inserting after section 5 the following section : — 
Section 5 A. In addition to the amounts authorized to be 
borrowed under section five, and for the purpose of paying 
necessary expenses and liabilities incurred in further carrying 
out the provisions of this act, other than expenses for mainte- 
nance and operation, the district may borrow from time to 
time such sums as may be necessary not exceeding in the 
aggregate two hundred thousand dollars, and may issue 
bonds or notes of the district therefor which shall bear on 
their face the words, Hadley Water Supply District Loan, 
Act of 1954. Each authorized issue shall constitute a sep- 
arate loan, and such loans shall be payable in not more than 
thirty years from their dates. Except as provided herein, 
indebtedness incurred under this section shall be subject to 
the provisions of chapter forty-four of the General Laws 
pertaining to such districts, exclusive of the limitation con- 
tained in the last paragraph of section eight of said chapter 
forty-four. 

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

Approved January 19, 1954. 

An Act authorizing the county commissioners of berk- 
shire COUNTY to join WITH THE CITY OP NORTH ADAMS IN 
THE PREPARATION OF PLANS AND SPECIFICATIONS FOR A 
BUILDING FOR COURT AND POLICE PURPOSES IN THE CITY 
OF NORTH ADAMS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of pro"\ading adequate court 
house accommodations and facilities for the district court of 
Northern Berkshire and for police purposes for the city of 
North Adams, the county commissioners of Berksliire county 
acting jointly with the city of North Adams, are hereby 
authorized and directed to cause plans and specifications 
to be prepared for a new building for court and police pur- 
poses in said city. 

Section 2. For the purposes of this act, a sum not 
exceeding six thousand dollars may be expended, of which 
forty per cent shall be provided therefor in the appropriations 



Chap. 



Chap. 



4 Acts, 1954. — Chap. 3. 

for the current year for said county, as the county's share for 
said plans and specifications. 

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

Approved January W, 1954. 

Chap. 3 An Act authorizing the town of chesterfield to re- 
ceive AND ADMINISTER THE PROPERTY OF THE CHESTER- 
FIELD hill CEMETERY ASSOCIATION IN SAID TOWN. 

Be it enacted, etc., asfolloivs: 

Section 1. The Chesterfield Hill Cemetery Association, 
organized in eighteen hundred and ninety-five in the town of 
Chesterfield, hereinafter called the association, may, by deed 
duly executed, convey and transfer to said town, and said 
town, upon its acceptance of an offer of such conveyance 
and transfer by vote of the town at a meeting held within 
six months of the effective date of this act, is hereby au- 
thorized and empowered to receive, and thereafter to hold 
and maintain, but for cemeterj'' purposes only, and subject 
to all rights heretofore existing in any burial lots, the real 
and personal property of the association not subject to any 
trust, and thereupon, and upon the transfer of the trust 
funds as hereinafter provided, the association shall be 
dissolved; and the cemetery of the association shall be and 
become a public burial place, ground or cemetery, and shall 
be under the jurisdiction and control of the said town under 
all apph cable provisions of general law. 

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

Section 3. All real and personal property and property 
rights, acquired by said town from the association under 
authority of this act, shall be held and managed by said 
town in the same manner in which cities and towns are 
authorized by law to hold and manage property for cemetery 



Acts, 1954. — Chap. 4. 5 

purposes; provided, that all rights which any persons have 
acquired in the cemetery of the association or any lots 
therein shall remain in force to the same extent as if this act 
had not been passed and such transfer had not occurred. 
The records of the association shall be delivered to the clerk 
of said town, and such clerk may certify copies thereof. 
Section 4. This act shall take effect upon its passage. 

Approved January 20, 1954- 

An Act reducing taxes payable upon income derived Qhnjy a 

FROM PROFESSIONS, EMPLOYMENTS, TRADE OR BUSINESS. "' 

Whereas, The deferred operation of this act would tend f^^^^f^^ 
to defeat its purpose, which is to provide for an immediate 
reduction in taxes payable upon income derived from profes- 
sions, employments, trade or lousiness, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Section 1. Against the "total tax", as defined in Twenty-five 
section two of this act, due and payable during the calendar re"uTuon of 
year nineteen hundred and fifty-four, there shall be allowed normal tax. 
a reduction of an amount equal to twenty-five per cent of 
"that portion of the normal tax, based on income from 
professions, employments, trade or business", as defined in 
section three of this act. 

Section 2. For the purposes of this act "total tax" 
shall mean the aggregate of all taxes payable, including 
surtaxes and additional taxes upon income, imposed by 
chapter sixty-two of the General Laws, and all acts in 
amendment thereof or in addition thereto, as computed 
without regard to the reduction provided in section one 
of this act. 

Section 3. For the purposes of this act "that portion 
of the normal tax based on income from professions, em- 
ployments, trade or business" shall mean the sum of the 
taxes imposed by — 

(a) subsection (b) of section five of chapter sixty-two of 
the General Laws, and 

(6) the additional tax imposed by section two of chapter 
two hundred and forty-six of the acts of nineteen hundred 
and fifty-three. 

Section 4. The total reduction allowable under section 
one of this act shall be subtracted from that portion of the 
taxes on income otherwise distributable to the General Fund 
of the commonwealth. 

Section 5. This act shall take effect as of January first, 
nineteen hundred and fifty-four. 

Approved January 20, 1954- 



Acts, 1954. — Chaps. 5, 6, 7. 



Chap. 5 An Act authorizing the county commissioners of the 

COUNTY OF BERKSHIRE TO PREPARE PLANS AND SPECIFICA- 
TIONS FOR ALTERATIONS AND ADDITIONS TO THE SUPERIOR 
COURT BUILDING IN THE CITY OF PITTSFIELD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate ac- 
commodations and facilities in the superior court building in 
the city of Pittsfield, the county commissioners of Berkshire 
county are hereby authorized and directed to cause plans and 
specifications to be prepared for necessary and desirable 
alterations and additions to said building. 

Section 2. For the purposes of this act, said county 
commissioners may expend a sum not exceeding three 
thousand dollars, as may be provided therefor in the ap- 
propriations for the current year for said county. 

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

Approved January 21, 1954- 

Chap. 6 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 follows: 

Section 1. Notwithstanding any contrary provisions of 
section fifty-eight B of chapter forty-eight of the General 
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 21, 1954- 

Chap. 7 An Act authorizing the town of millis to use certain 

PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section L The town of Millis is hereby authorized to 
use for school and school yard purposes the park land shown 
as Lot B, containing 19.85 acres, on "Plan of Land in 
Millis, Mass. Purchased bv the Town of Millis from Ernest 
L. Hill, Scale 1 in. = 100 ft., E. Worthington, Eng'r, Apr. 5, 
1922", which plan is filed as No. 180 for the year 1922 in 



Acts, 1954. — Chaps. 8, 9, 10. 7 

Norfolk Registry of Deeds with deed of Ernest L. Hill to 
said Town of Millis dated April 10, 1922, recorded with 
said Deeds, Book 1513, page 313. 

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

Approved January 21, 1954. 

An Act authorizing the trustees of a fund for the phnr) 8 
SUPPORT OF A congregational MINISTER IN THE FIRST ^' 

PARISH IN BRADFORD TO HOLD ADDITIONAL REAL AND 
PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 3 of an act passed by the general court of Massa- 
chusetts February 10, 1804, entitled "An Act to Incorporate 
Certain Persons as Trustees of a Fund for the Support of 
a Congregational Gospel Minister in the First Parish in 
Bradford, in the County of Essex", as amended by chapter 
77 of the acts of 1909, is hereby further amended by striking 
out, in line 16, the word "fifty" and inserting in place thereof 
the words: — one hundred. Approved January 21, 1954. 



Chap. 



An Act increasing the amount of money that may be 
expended by the county commissioners of franklin 
county for the purpose of promoting the recrea- 
tional, industrial and agricultural advantages of 
said county. 

Be it enacted, etc., as follows: 

The first sentence of section 1 of chapter 106 of the acts of 
1939, as amended by chapter 165 of the acts of 1949, is 
hereby further amended by striking out, in Hne 5, the words 
"five thousand" and inserting in place thereof the words: — 
eight thousand five hundred, — so as to read as follows: — 
The county commissioners of Franklin county, for the 
purpose of advertising the recreational, industrial and agri- 
cultural advantages of said county, may expend such sums, 
not exceeding, in the aggregate, eight thousand five hundred 
dollars in any one year, as may be appropriated therefor; 
provided, that such expenditures from money so appropriated 
shall not at any time be more than the sum which shall have 
been contributed by public subscription or by donation 
deposited with the county treasurer for the purpose aforesaid. 

Approved January 21, 1954- 

An Act authorizing the commissioner of labor and ni^rj^^ in 

INDUSTRIES to SUSPEND THE OPERATION OF CERTAIN ^* 

labor laws. 

Be it enacted, etc., as follows: 

The commissioner of labor and industries is hereby au- May suspend 
thorized, in conformity with Article XX of Part the First of hearing there 
the Constitution of the Commonwealth, to suspend until '^.t^'^'^l'^* 
July first, nineteen hundred and fifty-five, the application or or emergency. 



8 Acts, 1954. — Chaps. 11, 12. 

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 employ- 
ment 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 interested parties 
to be heard, that an emergency exists or that conditions of 
hardship in an industry, branch of an industry, or individual 
establishment require or justify the suspension of any provi- 
sion of such laws, rules or regulations. Suspensions issued by 
the commissioner shall prescribe, and may be either granted 
or limited to, one or more particular departments, operations 
or occupations within an establishment, or a particular 
industry or branch of an industry. The commissioner shall 
appoint industry advisory committees, on which employers 
and employees shall be equally represented, to consult and 
advise with him in matters relating to the suspensions au- 
thorized by this act. Approved January 21, 1954. 

Chap. 11 An Act relative to the corporate powers of the 

WINCHESTER POLICE RELIEF ASSOCIATION, INC. 

Be it enacted, etc., as follows: 

The Winchester Police Relief Association, Inc., a corpora- 
tion duly established under the laws of the commonwealth, is 
hereby authorized, upon the retirement of any member in 
good standing, to pay to such member such sum, not ex- 
ceeding five hundred dollars, as may be determined by vote 
of said corporation. Approved January 21, 1954. 

Chap. 12 An Act authorizing the transfer of certain cemetery 

PROPERTIES AND FUNDS TO THE TOWN OF SOMERSET. 

Be it enacted, etc., as follows: 

Section 1. Each of the following-named cemetery as- 
sociations, situated in the town of Somerset, to wit : — 
Palmer Street Cemetery Association (formerly called Somer- 
set Village Cemetery Company), Gibbs Cemetery Associa- 
tion Inc., and Nathan Slade Cemetery Association, Inc., or 
any of them, hereinafter called associations, may, by deed 
duly executed, convey and transfer to said town, and said 
town is hereby authorized and empowered to receive, and 
thereafter to hold and maintain, but for cemetery purposes 
only, and subject to all rights heretofore existing in any 
burial lots, the real and personal property of the associations 
not subject to any trust, and thereupon, and upon the transfer 
of the trust funds as hereinafter provided, the associations 
shall be dissolved; and the cemeteries of the associations 
shall be and become public burial places, grounds or ceme- 
teries. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction, and in compliance with the terms 
and conditions of such decree, said town may receive from 



Acts, 1954. — Chap. 13. 9 

the associations a conveyance and transfer of, and ad- 
minister, all funds or other property held by the associations 
in trust for the perpetual care of the lots in the cemeteries 
and for other purposes, and also any property devised or 
bequeathed to the associations under the will of any person 
living at the time of said transfer or conveyance or under the 
will of any deceased person not then probated. Interest and 
dividends accruing on funds deposited in trust with any 
savings bank under authority of section thirty-seven or 
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 associations, or of any lots in the ceme- 
teries, ma}'', after such conveyance, be paid by such bank or 
institution to the treasurer of said town; and upon such 
payment said treasurer shall use the same for the purposes of 
said trusts. 

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

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

Approved January 21, 1954. 

An Act relative to the payment of salary or wages Chart. 13 

OWING BY POLITICAL SUBDIVISIONS OF THE COMMON^^EALTH 
TO THEIR OFFICERS AND EMPLOYEES UNDER CERTAIN 
CIRCUMSTANCES. 

Be it enacted, etc., as folloivs: 

Chapter 41 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 11 IE, as most recently amended hy ^"lli^^'^^^^ 
section 2 of chapter 436 of the acts of 1953, and inserting in amended. 
place thereof the following section: — Section 11 IE. When- Payment of 
ever the employment of any person subject to section one wigesto 
hundred and eleven or sections one hundred and eleven A, certain 
one hundred and eleven D or one hundred and eleven G is wgXted. 
terminated during a year by dismissal through no fault or 
delinquency on his part or by resignation, retirement 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 com- 
pensation payable to him at the termination of his employ- 
ment, an amount in lieu of such vacation ; provided, that no 



10 Acts, 1954. — Chaps. 14, 15. 

monetary or other allowance has already been made therefor. 
The official head of the department in which the person was 
last employed shall enter on the departmental payroll all 
amounts payable under this section. 

Approved January 21, 1954. 

Chap. 14 An Act authorizing the town of andover to make its 

TREE department AND MOTH DEPARTMENT DIVISIONS OF 
ITS DEPARTMENT OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Section 1. The town of Andover is hereby authorized 
to consolidate the tree department and the moth department 
with the department of public works of said town and to 
make said tree and moth departments divisions of said de- 
partment of public works. 

Section 2. Tliis act shall be submitted for acceptance to 
the voters of the town of Andover at the next annual town 
election 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 current year, 
entitled 'An Act authorizing the town of Andover to make 
its tree department and moth department divisions of its 
department of public works', be accepted?" If a majority 
of votes cast in answer to said question is in the affirmative, 
this act shall become fully effective beginning with, and 
for the purposes of, the annual town election in the year 
nineteen hundred and fifty-four, but not otherwise. 

Approved January 21, 1954- 

Chav. 15 An Act authorizing the purchase by the town of 
needham for the purpose of protecting its water 
supply of certain land located in the town of 
wellesley. 

Be it enacted, etc., as follows: 

Section 1. The town of Needham is hereby authorized 
to purchase, for the purpose of protecting the town water 
supply, a certain parcel of land adjacent to the Charles river 
in the town of Wellesley, owned by Frederick B. Philbrick 
and containing approximately three and three tenths acres, 
said parcel being bounded southeasterly by the Needham- 
Wellesley town line seven hundred and seventy-five feet 
more or less, westerly and northwesterly by the thread of 
the stream of the Charles river eight hundred and sixty-five 
feet more or less, and northeasterly by other land of Frederick 
B. Philbrick two hundred and twenty-five feet more or less. 
Said parcel is a part of the premises described in deed of 
Walter Hunnewell and Arnold W. Hunnewell, Trustees 
under the will of Isabella P. Shaw, to Frederick B. Philbrick 
dated December twenty-eight, in the year nineteen hundred 
and fifty-one, recorded in Norfolk Registry of Deeds, book 
three thousand and fifty-five, page three hundred and twenty- 



Acts, 1954. — Chaps. 16, 17. 11 

three. Said purchase shall be for the consideration of not 
exceeding the one hundred dollars appropriated for said 
purpose on March sixteenth, in the year nineteen hundred 
and fifty-three, by the annual town meeting of the town of 
Needham for the year nineteen hundred and fifty-three, and 
the action of said town meeting in voting the appropriation 
for said purpose is hereby validated. 

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

Approved January 27, 195 J^. 

An Act validating proceedings of the annual town nhfjr^ ia 

MEETING OF THE TOWN OF SOUTH HADLEY. ^' 

Be it enacted, etc., as follows: 

Section 1. All proceedings at the annual town meeting 
of the town of South Hadley held on Saturday, March 
fifteenth, nineteen hundred and fifty-two, in so far as said 
proceedings may be illegal or invalid by reason of the fact 
that the warrant for said meeting was not properly posted, 
are hereby made legal and vahd. 

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

Approved January 27, 1954. 

An Act relative to the terms of certain bonds and Chnj) 17 

NOTES TO BE ISSUED BY THE COMMONWEALTH. 

Whereas, The deferred operation of this act would cause Emergency 
great inconvenience in the issues of bonds and notes to carry P'«^°^b^e- 
out the purposes of various acts passed at the nineteen 
hundred and fifty-three session of the general court, there- 
fore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the pubhc safety and 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to 
the contrary, the notes which the state treasurer is authorized 
to issue under section nine of chapter four hundred and forty 
of the acts of nineteen hundred and fifty-three shall be 
issued and may be renewed one or more times for terms not 
exceeding one year, and the final maturities of such notes, 
whether original or renewal, shall be not later than June 
thirtieth, nineteen hundred and fifty-six, as recommended by 
the governor in a message to the general court, dated January 
seventh, nineteen hundred and fifty-four, in pursuance of 
section 3 of Article LXII of the amendments to the constitu- 
tion of the commonwealth. 

Section 2. Notwithstanding any provision of law to 
the contrary, the bonds which the state treasurer is au- 
thorized to issue under chapter six hundred and sixty of the 
acts of nineteen hundred and fifty-three, to provide for a 
special capital outlay program for the commonwealth, shall 
be issued for maximum terms of ten years, and shall be 
payable not earlier than July first, nineteen hundred and 



12 Acts, 1954. — Chaps. 18, 19. 

fifty-four, nor later than June thirtieth, nineteen hundred 
and sixty-eight, as recommended by the governor in a 
message to the general court, dated January seventh, nine- 
teen hundred and fifty-four, in pursuance of section 3 of 
Article LXII of the amendments to the constitution of the 
commonwealth. 

Section 3. Notwithstanding any provision of law to 
the contrary, the bonds which the state treasurer is au- 
thorized to issue under chapter six hundred and fifty-one of 
the acts of nineteen hundred and fifty-three, relative to the 
alleviation of the financial burden imposed on cities, towns 
and counties by the nineteen hundred and fifty-three tornado, 
shall be issued for maximum terms of ten years, and shall 
be payable not earlier than July first, nineteen hundred and 
fifty-four, nor later than June thirtieth, nineteen hundred and 
sixty-three, as recommended by the governor in a message to 
the general court, dated January seventh, nineteen hundred 
and fifty-four, in pursuance of section 3 of Article LXII of 
the amendments to the constitution of the commonwealth. 

Approved January 27, 195 J^. 

Chap. 18 An Act reviving j. trachtenburg, inc. 

preambK^ TF/iereas, The deferred operation of this act would delay 

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

Be it enacted, etc., as folloivs: 

J. Trachtenburg, Inc., a Massachusetts corporation in- 
corporated on January eleventh, nineteen hundred and 
twenty-eight under general law, whose term of duration 
terminated in the current year by reason of a provision in its 
charter that its duration is to be for a term of twenty-five 
years, is hereby revived with the same powers, duties and 
obligations as if the term of its duration had not terminated 
as aforesaid and the term of its duration shall, upon its re- 
vival, be for a further period of fifty years. 

Approved January 27, 1954. 

Chap . 1 9 An Act relative to the trustees of andover theological 

SEMINARY. 

preambie^^ Whcreas, The deferred operation of this act would tend to 

defeat its purpose, which is in part to establish forth^vith 
the number of trustees of Andover Theological Seminary, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the pubHc 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 260 of the acts of 1907, as 
amended by chapter 43 of the Special Acts of 1919, is hereby 



Acts, 1954. — Chaps. 20, 21. 13 

further amended by inserting after the word "Seminary", 
in Une 26, the words : — , and the number of the Trustees 
aforesaid shall not at any one time be more than twenty-five 
nor less than seven, a majority of those in office at a given 
time to constitute a quorum for transacting business, — so 
that the fourth sentence will read as follows: — The Trustees 
of Andover Theological Seminary shall be governed by 
provisions and regulations as to organization, membership 
and the conduct of business similar in all respects to those by 
which the Trustees of Phillips Academy are now governed, 
but the principal instructor of Phillips Academy shall not by 
virtue of his office be a trustee of Andover Theological 
Seminary, and the number of the Trustees aforesaid shall 
not at any one time be more than twenty-five nor less than 
seven, a majority of those in office at a given time to consti- 
tute a quorum for transacting business. 

Section 2. This act shall take full effect on its acceptance 
by vote of the Trustees of Andover Theological Seminary at 
any annual or regular meeting or at any other meeting called 
for the purpose and held before January first, nineteen 
hundred and fifty-five. Approved January 27, 195/^. 



An Act designating the infirmary for men at the mon- Chap. 20 

SON state hospital as the JOSEPH L. SIMON BUILD- 
ING. 

Be it enacted, etc., as follows: 

Section 1. The infirmary for men to be erected at the 
Monson state hospital shall be known and designated as the 
Joseph L. Simon Building in honor of Joseph L. Simon, who, 
as a member and chairman of the board of trustees of the 
Monson state hospital as well as president of the Massa- 
chusetts State Hospital Trustees Association has devoted 
many years in the interest of the less fortunate members of 
society who required care in state mental institutions. 

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

Approved January 27, 1954. 

An Act designating the blind unit at the Walter e. nhn^n 01 

FERNALD state school as the ransom a. GREENE BUILD- ^' 

ing. 
Be it enacted, etc., as follows: 

Section 1. The blind unit being erected at the Walter 
E. Fernald state school shall be known and designated as the 
Ransom A, Greene Building, in honor of Dr. Ransom A. 
Greene who devoted his life to the care of the less fortunate 
members of the community. 

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

Approved January 27, 1954. 



14 Acts, 1954. — Chap. 22. 



Chap. 22 An Act authorizing the town of shutesbury to receive 

AND ADMINISTER THE PROPERTY OF A CEMETERY THEREIN, 
KNOWN AS THE LUTHER HENRY TOMBYARD. 

Be it enacted, etc., as follows: 

Section 1. The town of Shutesbury is hereby authorized 
to acquire by gift, purchase or otherwise, title to certain land 
in said town used as a private cemetery and known as the 
Luther Henry Tombyard, and located westerly from the 
West Cemetery, and thereafter to hold and maintain, but 
for cemetery purposes only, and subject to all rights hereto- 
fore existing in any burial lots, the real and personal property 
not subject to any trust, and thereupon, and upon the transfer 
of trust funds, if any, as hereinafter provided, said cemetery 
shall be and become a pubhc burial place, ground or cemetery. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction and in compliance with the terms 
and conditions of such decree, the town of Shutesbury may 
receive from the proprietors of the Luther Henry Tombyard 
a conveyance and transfer of, and administer, all funds or 
other property held in trust for the perpetual care of the 
lots in the cemeteries and for other purposes, and also any 
property bequeathed to and for the benefit of said Luther 
Henry Tombyard under the will of any person living at the 
time of said transfer and conveyance or under the mil 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 said cemetery or 
tombyard, or of any lots therein, may after such transfer and 
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 purpose of said trusts. 

Section 3. All property and property rights acquired by 
said town from the owners of said cemetery or tombyard 
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 said cemetery or 
tombyard 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 said cemetery 
or tombyard shall be delivered to the clerk of said town and 
he may certify copies thereof. 

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

Approved January 27, 19 5 U' 



Acts, 1954. — Chaps. 23, 24. 15 



An Act authorizing agricultural and other co-oper- QJid^r) 23 

ATIVE corporations WITHOUT CAPITAL STOCK TO PROVIDE 
IN BY-LAWS FOR VOTING OF MEMBERS BY PROXY. 

Be it enacted, etc., as follows: 

Section 13 of chapter 157 of the General Laws, as appearing o. l, (Ter. 
in the Tercentenary Edition, is hereby amended by inserting Fmende'd.' ^ ^^' 
after the word "directors", in hne 6, the words: — ; for 
voting of members by proxy, and the mode thereof, within 
such hmitations and restrictions as may be specified therein, 
— so as to read as follows: — Section 13. In addition to the Proxy voting 
powers granted by section thirteen of chapter one hundred j.o-op'e^rltive 
and fifty-six, any corporation organized under section ten corporations, 
may provide in its by-laws for the election of directors by ^"*^°"^^'^- 
districts; for the election of advisory directors who are not 
members, the number of whom shall not be greater than one 
fifth the total number of directors; for voting of members 
by proxy, and the mode thereof, within such limitations and 
restrictions as may be specified therein; for voting of mem- 
bers by mail in elections and on questions concerning the 
operation and business of the corporation; for the admis- 
sion, withdrawal, suspension or expulsion of members; for 
dues and assessments to be paid by members and the condi- 
tions under which such dues and assessments shall be imposed 
and collected; for determining the rights and interests of 
members in the propertj'' of the corporation, whether equal or 
unequal ; for establishing the basis of voting by the members, 
especially whether the votes of all members shall be equal, or 
in proportion to the land area leased or used b}'- each member 
for production of the products handled by the corporation, or 
in proportion to the quantity of such products delivered by 
each member to the corporation during the preceding year; 
for an approved or established form of marketing contract; 
and for fines or other penalties for violation of its by-laws or 
marketing contract. No by-law shall be amended or re- 
pealed nor any new by-law adopted, unless notice of the 
proposed action is given in the call for the meeting at which 
the proposal is to be considered, or in the call for the vote if 
the vote is to be taken by mail. 

Approved January 27, 1954- 

An Act relative to the power of the auditor of the Chap. 24 

CITY OF BOSTON TO APPLY CERTAIN INCOME AND TAXES 
AND MAKE CERTAIN TRANSFERS IN CLOSING THE ACCOUNTS 
OF A FISCAL YEAR. 

Be it enacted, etc., as follows: 

Section 3B of chapter 486 of the acts of 1909, inserted by 
section 1 of chapter 604 of the acts of 1941, is hereby amended 
by striking out the last sentence and inserting in place thereof 
the following sentence: — After December tenth in each 
year the city auditor may, with the approval of the mayor in 
each instance, apply any income and taxes not disposed of 



16 Acts, 1954. — Chaps. 25, 26. 

and make transfers from any appropriation to any other 
appropriation for the purpose only of closing the accounts 
of the fiscal year. Approved January S7, 1954- 

Chap. 25 An Act to provide for the filling of vacancies in the 

FULL NUMBER OF TOWN MEETING MEMBERS IN THE TOWN 
OF NATICK. 

Be it enacted, etc., as follows: 

Section 1. Chapter 2 of the acts of 1938 is hereby 
amended by striking out section 8 and inserting in place 
thereof the following section : — Section 8. In the event 
that a vacancy occurs 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, 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 appoint- 
ment, the next highest in recorded vote of the defeated 
candidates in that precinct shall be appointed. In the event 
of a tie vote of those who received the highest votes as such 
defeated candidates, or in the event there is no such defeated 
candidate available, then the town clerk shall call together 
the town meeting members of the precinct where the va- 
cancy occurs, and they shall, by majority vote of those 
members present, elect any registered voter of that precinct 
to fill such vacancy. The town clerk shall count the ballots, 
make a certificate of the choice, and notify the person so 
chosen; and, upon receipt by the town clerk of a written 
acceptance by the person so chosen, that person shall be 
deemed elected and quafified as a town meeting member, 
subject to the right of all the town meeting members to 
judge of the election and qualification of members, as pro- 
vided in section four. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town of Natick by a majority vote of the 
town meeting members present and voting thereon at a 
limited town meeting called for the purpose, but not other- 
wise. Approved January 27 ^ 1954. 

Chap. 26 An Act to consolidate the powers, duties and trusts 

OF THE PARK COMMISSIONERS AND THE COMMISSIONERS OF 
PUBLIC WORKS IN THE TOWN OF NATICK. 

Be it enacted, etc., as follows: 

Section 1, All the powers, duties and trusts of the park 
commissioners and the commissioners of public works of the 
town of Natick are hereby transferred to, and shall be exer- 
cised and performed by, three commissioners to be known as 
commissioners of public works and parks. 



Acts, 1954. — Chaps. 27, 28. 17 

Section 2. The commissioners of public works holding 
office on December thirty-first next following acceptance of 
this act as hereinafter provided shall continue in office as 
commissioners of public works and parks, and upon the ex- 
piration of their respective terms of office their successors 
shall be elected in the same manner as provided by law 
prior to the effective date of this act. 

Section 3. This act shall take full effect on December 
thirty-first next following its acceptance by the town of 
Natick by a majority vote of 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 January 27, 1954- 

An Act authorizing the town of natick to use certain Qlid'Q 27 

PARK land for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Natick is hereby authorized to 
use the land known as the Major Daniel J. Murphy Play- 
ground situate on North Main street in said town, for the 
erection of a pubUc school building or an addition thereto or 
for other school uses, and for all purposes incidental thereto; 
and such land shall be under the same care and control as 
other school property and otherwise free from any trust. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town of Natick by a majority vote of the 
town meeting members present and voting thereon at a 
limited town meeting called for the purpose, but not other- 
wise. Approved January 27, 1954- 

An Act clarifying the acceptance of the provisions ChaV' 28 

OF the civil SERVICE LAWS BY THE TOWN OF FAIRHAVEN. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to 
the contrary, all persons employed in either permanent or 
temporary offices or positions of the town of Fairhaven, ex- 
cept call members of the fire department, on May fifteenth, 
nineteen hundred and fifty-three, and who are employed on 
the effective date of this act, are hereby deemed to be per- 
manently appointed to the office or position held by them on 
said May fifteenth, in accordance with the civil service laws 
and rules. 

Section 2. Notwithstanding the action of the voters of 
the town of Fairhaven on February second, nineteen hundred 
and fifty-three, the provisions of the civil service laws and 
rules shall not apply to the call members of the fire depart- 
ment of said town. 

Section 3. This act shall take full effect upon its ac- 
ceptance by a majority of the town meeting members of 
said town present and voting thereon at a town meeting, 
but not otherwise. Approved January 27, 1954- 



18 Acts, 1954. — Chaps. 29, 30, 31, 32. 



Chap. 29 An Act authorizing the town of south hadley to 

CONSTRUCT A SEWAGE TREATMENT WORKS, AN INFLUENT 
SEWER, AN OUTFALL SEWER, AND COMMON DRAINS AND 
SEWERS WITHIN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 584 of the acts of 1951 
is hereby amended by striking out, in lines 6 and 7, the words 
"for the purposes of constructing" and inserting in place 
thereof the words : — and to construct either on land so 
acquired or on land in the town of South Hadley. 

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

Approved January 28, 1954- 

Chap. 30 An Act authorizing the town of wareham to appropri- 
ate money for the purpose of advertising the ad- 
vantages OF THE TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Wareham is hereby authorized 
to appropriate annually a sum of money not exceeding 
twenty-five hundred dollars for the purpose of promoting 
the mterests of the town by advertising its attractions, ad- 
vantages and other matters tending to advance the interests 
of the town. 

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

Approved January 28, 1954. 

Chap. 31 An Act relative TO THE FILING OF certificates OF nomina- 
tion. 

Be it enacted, etc., as follows: 

e'cL)', 53^1 5, The first paragraph of section 5 of chapter 53 of the 
amended. General Laws, as appearing in the Tercentenary Edition, is 

hereby amended by adding at the end the following : — , 
SiJTce^tifi-'' except that the secretary of a political party convention 
cates of held for the purpose of endorsing candidates for nomination 

req^red*°°' shall file such Certificate within ten days of the termination 

of the convention. Approved January 28, 1954' 

Chap. 32 An Act relative to the number of signatures required 
for a special town meeting and for matters to be 
inserted in the warrant therefor, and the time of 
holding said meeting. 

Be it enacted, etc., as follows: 

Ed^'sJ^sio Section 10 of chapter 39 of the General Laws, as most 

etc., 'amended', recently amended by section 1 of chapter 152 of the acts of 

1949, is hereby further amended by striking out the fifth and 

sixth sentences and inserting in place thereof the following 

contenta'of ^^^ Sentences : — The selectmen shall insert in the warrant 

for the annual meeting all subjects the insertion of which 



Acts, 1954. — Chaps. 33, 34, 35. 19 

shall be requested of them in writing by ten or more registered 
voters of the town and in the warrant for every special town 
meeting all subjects the insertion of which shall be requested 
of them in writing by one hundred registered voters or by 
ten per cent of the total number of registered voters of the 
town whichever number is the lesser. The selectmen shall ^^e^e^^ngs""™ 
call a special town meeting upon request in writing of two caiiingof, 
hundred registered voters or of twenty per cent of the total etc"^*^*^^^' 
number of registered voters of the town, whichever number 
is the lesser; such meeting to be held not later than forty- 
five days after the receipt of such request, and shall insert in 
the warrant therefor all subjects the insertion of which 
shall be requested by said petition. 

Approved January 28, 1954. 

An Act increasing the amount which cities and towns Qfiap. 33 

MAY APPROPRIATE TO MEET THE EXPENSE OF EXPERT 
APPRAISAL OF TAXABLE REAL ESTATE. 

Be it enacted, etc., as follows: 

The next to the last paragraph of section 4 of chapter 40 g l. (Ter 
of the General Laws, inserted by chapter 521 of the acts of etc., 'amended. 
1950, is hereby amended by striking out, in hne 5, the words 
"one twentieth" and inserting in place thereof the words: — 
one fourth. Approved January 28, 1954. 

An Act providing for the preparation of plans for (J^nj) 34 

THE PROMPT EVACUATION OF THE STATE HOUSE IN CASE ^' 

OF FIRE OR OTHER DISASTER. 

Be it enacted, etc., as follows: 

Chapter 143 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 2B, inserted by chapter 547 of the ne^w §^2C, 
acts of 1949, the following section: — Section 2C. The state added. 
superintendent of buildings and the sergeant-at-arms shall ^f^g^a^^l^lfoyge 
prepare plans and make all necessary preparations for effect- provided, 
ing the prompt, speedy and safe evacuation of the state house 
and the several floors, basements and portions thereof, in 
case of fire or other disaster, and shall, from time to time, 
hold fire drills. 

In carrying out the provisions of this section, they shall 
be entitled to the assistance of all constitutional officers, de- 
partment heads, capitol pohce officers and general court 
ojfficers, and may request the co-operation of the ure depart- 
ment of the city of Boston. Approved January 28, 1954. 

An Act relative to the term of office of the clerk of (JJiar), 35 

THE LUNENBURG WATER DISTRICT OF LUNENBURG. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of chapter 
seventeen of the acts of nineteen hundred and thirty-nine to 
the contrary, the clerk of the Lunenburg Water District of 



20 Acts, 1954. —Chaps. 36, 37. 

Lunenburg, established by said chapter seventeen, shall be 
elected for a term of three years, beginning with the annual 
district meeting in the current year and at each district 
meeting in every third year thereafter. 
Section 2. This act shall take effect upon its passage. 

Approved January 29, 1964. 

Chap. 36 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, as 
amended by section 1 of chapter 18 of the acts of 1953, is 
hereby further amended by striking out, in line 3, the word 
"seven" and inserting in place thereof the word: — ten, — 
so as to read as follows : — Section 1 . The town of Plymouth 
may, by a majority vote, appropriate each year a sum not 
exceeding ten thousand dollars for advertising the advantages 
of the town and for providing amusements or entertainments 
of a public character. The money so appropriated by the 
town shall be expended under the direction of the selectmen. 

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

Approved January 29, 1954. 

Chap. 37 An Act to re-establish and extend the harbor line 

AROUND THE LITTLE MYSTIC CHANNEL TO MYSTIC RIVER 
IN THAT PART OF THE CITY OF BOSTON KNOWN AS CHARLES- 
TOWN. 

Be it enacted, etc., as follows: 

Section 1, The harbor Hne around Little Mystic chan- 
nel, formerly known as South channel, is hereby changed and 
re-estabUshed as follows: — The location of each of the 
angle points in the lines hereinafter described is fixed by a 
distance, hereinafter called longitude, in feet, from a meridian 
passing through the center of the apex of the dome of the 
state house in Boston, and by a distance, hereinafter called 
latitude, in feet, from a line at right angles to said meridian 
and passing through the said center of the apex of the state 
house dome, and the bearings refer to the true meridian 
passing through the center of said apex. 

Beginning at point N in latitude seven thousand six 
hundred eighty-three and seventy-one hundredths feet north 
and longitude four thousand one hundred ninety-three and 
eighty-eight hundredths feet east, said point N being defined 
in chapter four hundred seventy-five of the acts of nineteen 
hundred and forty-eight; thence north seventy-eight degrees 
nine minutes eight seconds west, true bearing, and eight 
hundred seventy feet to point 0, in latitude seven thousand 
eight hundred sixty-two and thirty-three hundredths feet 
north and longitude three thousand three hundred forty- 
two and forty-two hundredths feet east; thence south 



Acts, 1954. — Chap. 38. 21 

seventy-eight degrees twenty-nine minutes twenty-four 
seconds west, true bearing, and seventy-one and three 
tenths feet to point P, in latitude seven thousand eight 
hundred forty-eight and ten hundredths feet north and 
longitude three thousand two hundred seventy-two and 
fifty-four hundredths feet east; thence north seventy-eight 
degrees fifteen minutes fourteen seconds west, true bearing, 
and one thousand six hundred forty-six and fifty-eight 
hundredths feet to point R, in latitude eight thousand one 
hundred eighty-three and thirty hundredths feet north and 
longitude one thousand six hundred sixty and forty-four 
hundredths feet east; thence north sixty-two degrees forty- 
six minutes twenty-two seconds west, true bearing, and five 
hundred thirty-nine and four hundredths feet to point S, in 
latitude eight thousand four hundred twenty-nine and ninety- 
two hundredths feet north and longitude one thousand one 
hundred eighty-one and thirteen hundredths feet east; thence 
north seven degrees seventeen minutes twelve seconds east, 
true bearing, and one hundred thirty-eight and forty-five 
hundredths feet to point T, in latitude eight thousand five 
hundred sixty-seven and twenty-four hundredths feet north 
and longitude one thousand one hundred ninety-eight and 
sixty-nine hundredths feet east; thence south seventy-eight 
degrees twenty-one minutes forty-five seconds east, true 
bearing, and three thousand one hundred ninety-one and 
forty hundredths feet to point U, in latitude seven thousand 
nine hundred twenty-three and forty-eight hundredths feet 
north and longitude four thousand three hundred twenty- 
four and forty-nine hundredths feet east; thence north 
eleven degrees fifty-one minutes forty-seven seconds east, 
true bearing, and four hundred seventy-two and ninety-two 
hundredths feet to point V, in latitude eight thousand three 
hundred eighty-six and thirty-hundredths feet north and 
longitude four thousand four hundred twenty-one and 
seventy-one hundredths feet east; thence north twenty-one 
minutes forty-six seconds west, true bearing, and five hundred 
twenty-nine and eleven hundredths feet to point W, in 
latitude eight thousand nine hundred fifteen and forty- 
hundredths feet north and longitude four thousand four 
hundred eighteen and thirty-six hundredths feet east. 

Section 2. All previous acts established or defining the 
harbor fine around Little Mystic channel to Mystic river 
from point N to point W are hereby repealed. 

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

Approved January 29, 1954. 

An Act authorizing the town of mansfield to increase Chap. 38 

ANNUALLY THE SCHOLARSHIP FUND MAINTAINED FOR 
GRADUATES OF THE HIGH SCHOOL OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Mansfield is hereby authorized 
to raise and appropriate a sum not exceeding, in any one year, 



22 Acts, 1954. — Chap. 39. 

two thousand dollars, to be in addition to any amounts there- 
tofore appropriated for the purpose, to increase the amount 
of the scholarship fund authorized under chapter fifty of the 
acts of nineteen hundred and fifty-two, the income of which 
may be used for the higher education of graduates of the 
high school of said town living therein, and said fund shall 
be dedicated as a memorial to veterans of World War II. 

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

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

Approved January 29, 1954- 

Chap. 39 An Act authorizing the selectmen of the town of 

BARNSTABLE TO ACT AS A BOARD OF PUBLIC WORKS, EXER- 
CISING ALL THE POWERS OF CERTAIN BOARDS, DEPART- 
MENTS AND OFFICERS OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. There shall be estabhshed in the town of 
Barnstable a board of public works, hereinafter called the 
board, to consist of three members. From and after the 
next annual town election following the acceptance of this 
act, the board of selectmen, as constituted from time to 
time shall be termed, constituted and serve as a board of 
public works, and the selectmen shall so serve during their 
respective terms of office. 

Section 2. The board shall succeed to and be vested 
with all the rights, powers, duties, facifities, properties and 
appropriations now or from time to time vested by general 
or special law, or by vote of the town in the following boards, 
commissions, committees, departments and offices in said 
town, to wit: surveyor of highways, park commissioners, 
sewer commissioners, tree warden, moth superintendent, and 
such board shall have custody and control of cemeteries, 
harbors, beaches, town landings and sewer and rubbish 
disposal areas and shall be responsible for the construction, 
maintenance and repair of all pubhc buildings and grounds, 
excepting school properties and the buildings and equipment 
of the airport and all town engineering work shall be per- 
formed under the direction of said board. 

No contracts or liabilities in force when this act becomes 
fully effective shall be affected hereby, but the board shall 
be deemed the lawful successor of the aforesaid departments, 
committees, commissions, boards and offices relative to such 
contracts or Habilities. It shall be the duty of the aforesaid 
departments, commissions, boards and offices when this act 
becomes fully effective to turn over to the board all contracts, 
papers, documents, plans and property in their custody and 
control, and to furnish to the board such information as it 
may request. 



Acts, 1954. — Chap. 39. 23 

Section 3. The board shall, as soon as practicable, 
appoint, and shall have the power to remove, a superin- 
tendent of public works responsible to the board. The 
superintendent shall exercise and perform under the super- 
vision and direction of the board such of the powers, rights 
and duties transferred to it under section two as it may 
designate. Pending the appointment of a superintendent, 
the board may appoint an acting superintendent. The 
compensation of the superintendent or acting superintendent 
shall be fixed by the board, subject to appropriations therefor 
voted by the town. He shall be specially fitted by education, 
training and experience to perform the duties of such office, 
and may or may not be a resident of the town when ap- 
pointed, but he shall be a resident during his tenure in office. 
Before entering upon the duties of his office he shall be sworn 
to the faithful and impartial performance thereof, and he 
shall, if required by the board, execute a bond in favor of 
the town for the faithful performance of his duties in such 
sum or sums and with such surety or sureties as may be 
fixed by the board. If a surety company is selected, the 
premium therefor shall be paid by the town. During his 
tenure he shall hold no other elective or appointive office, nor 
shall he be engaged in any other business or occupation. 
He shall appoint such staff of assistants, clerks, employees 
and laborers as he deems necessary, with the approval of the 
board, and he shall have the authority, with like approval, to 
remove them. He shall keep a full and complete record of all 
the doings of his office and shall render to the board such 
reports as it may require. He shall keep the board fully 
advised as to the needs of the town within the scope of his 
duties, and shall annually furnish to the board, not less than 
ten days prior to the expiration of the fiscal year of said 
town, a carefully prepared and detailed estimate in writing 
of the appropriations required during the next succeeding 
fiscal year for the proper exercise and performance of all 
said powers, rights and duties. 

Section 4. This act shall be submitted to the registered 
voters of the town of Barnstable for acceptance 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-four entitled 'An Act authorizing the Selectmen 
of the Town of Barnstable to act as a Board of Public Works, 
exercising all the Powers of Certain Boards, Departments 
and Officers of said Town', be accepted?" If a majority of 
the votes cast in answer to such question is in the affirmative, 
this act shall thereupon become fully effective. If a majority 
of the votes so cast is not in the affirmative, said question 
shall be placed on the official ballot to be used for the election 
of town officers at the annual town meeting in the year 
nineteen hundred and fifty-five, and if the act is not so 
accepted in the year nineteen hundred and fifty-five, said 



24 Acts, 1954. — Chap. 40. 

question shall be placed on said ballot at the annual town 
election in the year nineteen hundred and fifty-six. If a 
majority of the votes cast in answer to said question in either 
of said years nineteen hundred and fifty-five and nineteen 
hundred and fifty-six is in the affirmative, this act shall 
become fully effective on April first following said vote. 
If this act is not accepted as provided herein, it shall become 
null and void. 

Section 5. The town may rescind all or any part of the 
action taken by it in pursuance of this act by a majority vote 
of the legal voters present and voting thereon by ballot at 
any town meeting held after three years following the annual 
town election at which this act becomes fully effective and 
at least thirty days before the annual town election next to 
be held after such meeting, and thereupon said town shall, at 
said next annual town election, nominate and elect such 
officers as are necessary to exercise and to perform such of 
the powers, rights and duties transferred to the board under 
section two as are affected by said vote. 

Approved January 29, 1954- 



Chap. 40 An Act placing the office of superintendent of streets 

IN THE TOWN OF BELLINGHAM UNDER THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of streets of 
the town of Bellingham shall, upon the effective date of this 
act, become subject to the civil service laws and rules, and 
the tenure of any incumbent of said office shall be unlimited, 
subject, however, to said laws, provided, however, that the 
incumbent of said office on said effective date shall be sub- 
jected by the division of civil service to a qualifying examina- 
tion, and if he passes said examination he shall be certified 
for said office and deemed to be permanently appointed 
thereto, without being required to serve any probationary 
period. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the year nineteen 
hundred and fifty-four 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-four, entitled 'An act placing the office of superin- 
tendent of streets in the town of Bellingham 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 
thereupon take full effect, but not otherwise. 

Approved January 29, 195 4- 



Acts, 1954. — Chap. 41. 25 



An Act authorizing the selectmen of the town of Chap. 41 

SHARON to act AS A BOARD OF PUBLIC WORKS EXERCISING 
THE POWERS OF CERTAIN OTHER BOARDS AND TOWN OF- 
FICERS. 

Be it enacted, etc., as follows: 

Section 1. The board of selectmen of the town of Sharon 
as constituted from time to time, from and after the annual 
election at which this act becomes fully effective, shall also 
be a board of public works, and in said capacity shall have 
and exercise, under the designation of selectmen, all the 
powers and duties vested just prior to said election and from 
time to time by general law or special act in the following 
boards and officers in said town, to wit: — highway surveyors, 
water commissioners, park commissioners, building in- 
spector, plumbing inspector, superintendent of moth works, 
town forest committee, tree warden, and in any additional or 
other boards or officers of the town as may be reasonably 
related to the duties and responsibilities of a board of public 
works, and such boards and officers shall thereupon be 
abolished during the time that this act is operative. No 
contracts or habilities then in force shall be affected by such 
abolition, but the selectmen, acting as said board of pubUc 
works, shall in all respects be the lawful successor of the 
boards and officers so abolished. 

Section 2. The selectmen shall appoint, and fix the 
compensation of, a superintendent of pubUc works, who shall 
administer, under the supervision and direction of the select- 
men, such departments of the town under the control of the 
selectmen as they may designate. He shall be responsible 
for the efficient administration of all departments within 
the scope of his duty, and shall hold office subject to the 
will of the selectmen. He shall be specially fitted by educa- 
tion, training and experience to perform the duties of said 
office, and may or may not be a resident of the town. During 
his tenure he shall hold no elective or other appointive office, 
nor shall he be engaged in any other business or occupation. 
He shall give bond to the town for the faithful performance 
of his duties with a surety company authorized to transact 
business in the commonwealth as surety, in such sum and 
upon such conditions as the selectmen may require, and shall, 
subject to the approval of the selectmen, appoint such as- 
sistants, agents and employees as the performance of the 
duties of the various departments under his supervision may 
require, and may with fike approval remove them, and no 
such assistant, agent or employee shall be required to be 
appointed from any civil service list, unless the town shall, by 
vote of its inhabitants at an annual town meeting, specifically 
so require as to any one or group thereof. He shall keep full 
and complete records of the doings of his office and shall 
have charge of and shall preserve, arrange and index so as 
to be readily accessible to the public all plans, surveys, field 



26 Acts, 1954. — Chap. 42. 

notes, records, documents and inventories connected with 
engineering operations of the town, and render to the select- 
men, as often as they may require, a full report of all opera- 
tions under his control during the period reported upon; and 
annually, or from time to time as required by the selectmen, 
he shall make a synopsis of all reports for publication. He 
shall keep the selectmen fully advised as to the needs of the 
town within the scope of his duties, and shall furnish to the 
selectmen, on or before January first in each year, a care- 
fully prepared and detailed estimate in writing of the ap- 
propriations required during the ensuing fiscal year for the 
proper conduct of all departments of the town under his 
supervision. 

Section 3. In accordance with the provisions of section 
twenty-three of chapter forty-one of the General Laws, the 
said town, at any time after three years following the annual 
town election at which this act becomes fully effective, may 
rescind, in whole or in part, all action taken under its provi- 
sions. 

Section 4. This act shall be submitted to the registered 
voters of the town of Sharon for acceptance at its annual 
town election in the year nineteen hundred and fifty-four, in 
the form of the following question, which shall be placed on 
th": official ballot used in the election of town officers at said 
election: — "Shall an act passed by the general court in 
the year nineteen hundred and fifty-four, entitled 'An Act 
Authorizing the Selectmen of the Town of Sharon to Act as 
a Board of Public Works exercising the Powers of certain 
other Boards and Town Officers', be accepted?" If a 
majority of the votes cast in answer to said question are in 
the affirmative this act shall take effect beginning with and 
for the purposes of the annual town election in the year 
nineteen hundred and fifty-five; but not otherwise. 

Section 5. If this act is rejected by the registered voters 
of the town of Sharon when submitted to said voters under 
section four, it may be submitted for acceptance from time 
to time in like manner and with Hke effect at any annual 
town election in said town not later than that in the year 
nineteen hundred and fifty-six, and, if accepted at any such 
election, shall take effect beginning with and for the purposes 
of the annual town election in the year next following. 

Approved January 29, 1954- 



Chap. 42 An Act authorizing the town of brewster to appro- 
priate MONEY FOR MUNICIPAL ADVERTISING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Brewster may annually ap- 
propriate a sum of money not to exceed five hundred dollars 
for advertising the advantages of the town with special 
reference to its facilities for summer vacations, recreation and 
residential purposes, and its seashore advantages. The 



Acts, 1954. — Chaps. 43, 44. 27 

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 January 29, 1954. 



An Act to permit cities to use certain currently CJiart 43 

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

Whereas, The deferred operation of this act would tend prefmbi^**^ 
to defeat its purpose, which is to allow cities tc 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 year nineteen hundred and fifty- 
four, 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 such funds shall constitute the 
amounts certified by the director of accounts as available on 
January first, nineteen hundred and fifty-four, in accordance 
with the provisions of said section, together with the total 
of the proceeds from the sale of tax title possessions and 
receipts from tax title redemptions in addition to the real, 
personal or poll taxes of prior years collected or received 
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-four. 

The auditor or similar accounting officer in each city shall 
certify as soon as may be to the board of assessors the total 
of the proceeds from the sale of tax title possessions and 
receipts from tax title redemptions in addition to the total 
real, personal or poll taxes of prior years collected from 
January first, nineteen hundred and fifty-four, up to and 
including March thirty-first, nineteen hundred and fifty-four. 

Approved February 1, 1954. 



An Act relative to physical examination and treatment Chap. 44 

OF CERTAIN MINORS. 

Be it enacted, etc., as follows: 

Section 117 of chapter 111 of the General Laws, as most g l. (Ter. 
recently amended by section 3 of chapter 129 of the acts of § 117, etc., 
1948, is hereby further amended by adding at the end the ^"^ended. 
following paragraph : — 

For the purposes of this section, physical examination Certain 
and treatment by a registered physician or surgeon acting exa^mTnations 
under the authority of the department of pubHc health upon ^°^ *° °°°' 



28 



Acts, 1954. — Chaps. 45, 46, 47. 



stitute 
assaults. 



the person of a minor who voluntarily appears therefor, 
shall not constitute an assault or an assault and battery 
upon said person. Approved February 1, 1954. 



Chap. 45 An Act relative to the establishment by towns of a 

DEPARTMENT OF PUBLIC WORKS EXERCISING THE POWERS 
OF CERTAIN OTHER DEPARTMENTS AND TOWN OFFICERS. 

Be it enacted, etc., as follows: 

Section 69E of chapter 41 of the General Laws, inserted by 
section 1 of chapter 101 of the acts of 1953, is hereby amended 
by inserting after the word "twenty-one", in line 5, the 
words: — or section sixty-nine D. 

Approved February 1, 1954. 



G. L. (Ter. 
Ed.), 41, 
§ 69E, etc., 
amended. 



Chap. 46 An Act to authorize the payment of judgments from 

AVAILABLE CASH ON HAND IN A CITY OR TOWN TREASURY. 



G. L. (Ter. 

Ed.), 44, § 31, 
etc., amended. 



Payments of 
certam 
judgments 
by cities 
and towns, 
regulated. 



Be it enacted, etc., as follows: 

Section 31 of chapter 44 of the General Laws, as most 
recently amended by chapter 138 of the acts of 1949, is 
hereby further amended by adding at the end the follow- 
ing: — Payments of final judgments rendered after the 
fixing of the tax rate for the current year, other than judg- 
ments authorized under the provisions of section thirty-four 
of chapter seventy-one, may, with the approval of the director 
of accounts, be made from any available funds in the treasury, 
and the payments so made shall be reported by the auditor 
or accountant or other officer having similar duties, or by 
the treasurer if there be no such officer, to the assessors, who 
shall include the amount so reported in the aggregate ap- 
propriations assessed in the determination of the next subse- 
quent annual tax rate, unless the city or town has otherwise 
made provision therefor. Approved February 1, 1954- 



Chap. 47 An Act pertaining to the investment of municipal 

TRUST FUNDS IN CO-OPERATIVE BANKS. 



G. L. (Ter. 
Ed.), 44, § 54, 
etc., amended. 



Investment of 
municipal 
trust funds, 
regulated. 



Be it enacted, etc., as follows: 

Section 54 of chapter 44 of the General Laws, as most 
recently amended by chapter 83 of the acts of 1953, is hereby 
further amended by striking out, in fine 8, the word "of" 
and inserting in place thereof the words: — and accounts of 
and in, — so as to read as follows: — Section 54- Trust 
funds, including cemetery perpetual care funds, unless other- 
wise provided or directed by the donor thereof, shall be 
placed at interest in savings banks, trust companies incor- 
porated under the laws of the commonwealth, banking 
companies incorporated under the laws of the commonwealth 
which are members of the Federal Deposit Insurance Cor- 
poration, or national banks, or invested by cities and towns 
in paid-up shares and accounts of and in co-operative banks, 



Acts, 1954. — Chaps. 48, 49. 29 

or in shares of savings and loan associations or in shares of 
federal savings and loan associations doing business in the 
commonwealth to an amount not exceeding ten thousand 
dollars, or in bonds or notes which are legal investments for 
savings banks. This section shall not apply to Boston. 

Approved February 1, 1964- 

An Act relating to deposits by municipal officers in Chap. 48 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 55A of chapter 44 of the General Laws, as most g. l. (Ten 
recently amended by chapter 224 of the acts of 1950, is f ssA^ttc, 
hereby further amended by inserting after the word "com- amended. ' 
mon wealth", in line 5, the words: — , on paid-up shares and 
accounts of and in co-operative banks, — so as to read as 
follows: — Section 55 A. A city or town officer receiving Certain 
public money and lawfully and in good faith and in the ^unfcipa^^ 
exercise of due care depositing the same in a savings bank or officers in 
trust company organized under the laws of the common- ba^ksT^ '^^ 
wealth, on paid-up shares and accounts of and in co-operative ""eguiated. 
banks, a banking company organized under the laws of the 
commonwealth which is a member of the Federal Deposit 
Insurance Corporation, or in a national bank doing business 
in the commonwealth, or, in the case of the city of Boston, in 
accordance with the provisions of section fifty-five in a 
national bank or trust company in the city of New York, or 
in good faith and in the exercise of due care purchasing 
share accounts of a federal savings and loan association 
located in the commonwealth, shall not be personally liable 
to the city or town for any loss of such money by reason of 
the closing up of such depository or federal savings and 
loan association for the liquidation of its affairs. 

Approved February 1, 1954- 

An Act authorizing cities and tow^ns to give evening QJidX) 49 

COURSES IN MOTOR VEHICLE DRIVING EDUCATION TO 
persons UNDER TWENTY-FIVE YEARS OF AGE. 

Be it enacted, etc., as follows: 

Section 13D of chapter 71 of the General Laws, inserted EdV'??^'* 
by chapter 205 of the acts of 1948, is hereby amended by § isb, etc, 
adding at the end the following paragraph : — amended. 

In addition, evening courses in motor vehicle driving Certain 
education, as prescribed by the registrar of motor vehicles, motor Vehicle 
may be given in the schools of any town for the training of j^'^'^"^/"* 
persons under twenty-five years of age regardless of whether schools, 
such persons are licensed or unlicensed by the registrar. 
School committees may, in their discretion, fix reasonable 
fees for tuition. Approved February 1, 1954- 



30 



Acts, 1954. — Chaps. 50, 51. 



Chap. 50 Ajnt Act relative to the record date for determining 

THE STOCKHOLDERS OF RECORD ENTITLED TO CERTAIN 
RIGHTS IN CERTAIN CORPORATIONS. 



Emergency 
preamble. 



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



Record date 
for determina- 
tion of certain 
rights of 
stockholders, 
regulated. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to grant without delay certain 
powers to directors of certain corporations for determining 
the stockholders of record, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Section 22 of chapter 155 of the General Laws is hereby 
amended by striking out the last paragraph, inserted by 
chapter 185 of the acts of 1953, and inserting in place thereof 
the following paragraph : — 

The board of directors of any corporation having capital 
stock may fix in advance a time which, unless a shorter 
period is provided in the agreement of association or articles 
of organization or the by-laws of the corporation, shall be 
not more than sixty days before 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 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 
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 
officers having the powers of directors. 

Approved February 1, 1954. 



Chap. 51 An Act authorizing the submission to the voters of 

THE TOWN OF BRAINTREE AT THE ANNUAL ELECTION OF 
A CERTAIN QUESTION PERTAINING TO THE FLUORIDE 
SUPPLEMENTATION OF ITS WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. At the annual town election in the town of 
Braintree to be held on the first Monday of March in the 
current year, there shall be submitted to the voters thereof 
the following question which shall be printed upon the 
official ballot to be used at said election: — "Are you in 
favor of the fluoride supplementation of the Braintree water 
supply?" If a majority of those voting indicate they are in 



Acts, 1954. — Chaps. 52, 53. 31 

favor of such supplementation, the water commissioners are 
hereby authorized and directed to take any and all necessary 
measures either by themselves or those designated by them 
to carry into effect the fluoride supplementation of the 
town's water supply. 
Section 2. This act shall take effect upon its passage. 

Approved February 2, 1954. 

An Act authorizing the town of Littleton to pay a Chap, 52 

SUM OF MONEY TO RUSSELL WARREN AND WALTER KARPLUS. 

Be it enacted, etc., as follows: 

Section 1. The town of Littleton is hereby authorized 
to appropriate from the town's water surplus account the 
sum of seven hundred and sixty-four dollars and to pay the 
same to Russell Warren and Walter Karplus to reimburse 
them for money expended by them for a water main extension 
along a town way. 

Section 2. This act shall take effect upon its passage 
and for the purpose described in section one shall be deemed 
to have been in full force and effect at the time of posting of 
the warrant for the annual meeting of said town held on 
March second, nineteen hundred and fifty-three, and the 
action of the town in voting said reimbursement at said 
meeting is hereby validated. 

Approved February 2, 195 4. 

An Act authorizing the county commissioners of Chav 53 

BRISTOL county TO MAKE CERTAIN REPAIRS, ALTERATIONS 
AND CHANGES IN THE REGISTRY OF DEEDS AND PROBATE 
BUILDING IN THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Bristol county 
are hereby authorized to expend a sum not exceeding ninety 
thousand dollars for the repair, alteration, addition to, re- 
modehng, changing and reconstruction of the existing roof 
on the registry of deeds and probate building in the city of 
Taunton, and to make such changes, alterations and repairs 
in and upon said building as said county commissioners may 
deem expedient and appropriate in connection with the 
repair, addition to, alteration, remodeling, changing and 
reconstruction of said roof. All such work shall be done on 
a contract basis, the provisions of the last sentence of section 
seventeen of chapter thirty-four of the General Laws to the 
contrary notwithstanding. 

Section 2. For the purpose of meeting the expense 
authorized by section one, the county treasurer, mth the 
approval of the county commissioners, shall issue bonds or 
notes of the county, in a total amount not to exceed ninety 
thousand dollars, which shall bear on their face the words: — 
Bristol County Registry of Deeds and Probate Loan, Act of 
1954; and such bonds or notes shall be payable in not more 



32 Acts, 1954. — Chaps. 54, 55. 

than ten years from their dates of issue. Such bonds or 
notes shall be signed by the treasurer of said county and 
countersigned by a majority of the county commissioners. 
The county may sell the said securities at public or private 
sale upon such terms and conditions as the county commis- 
sioners may deem proper, but not for less than their par 
value. Receipts from the sale of such bonds or notes shall 
be applied to the costs of changes and reconstruction of said 
roof and changes and repairs in and to said building, and 
to the payment of any temporary loans authorized under 
section three, or to either of such purposes. Indebtedness 
incurred under this act shall, except as herein provided, be 
subject to chapter thirty-five of the General Laws. 

Section 3. The county treasurer of said county, with 
the approval of the county commissioners, may from time to 
time make temporary loans in anticipation of the serial loan 
authorized by section two in such sums as may be necessary, 
but not exceeding in the aggregate, ninety thousand dollars, 
and may issue notes of the county therefor, payable in not 
more than one year from their date or dates of issue. 

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

Approved February 2, 1954- 

Chap. 54 An Act authorizing the city of chelsea to transfer 

UNION park to the CHELSEA HOUSING AUTHORITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Chelsea is hereby authorized to 
convey and transfer to the Chelsea Housing Authority, after 
an affirmative vote of the board of park commissioners, the 
board of aldermen and the consent of the mayor, for nominal 
consideration, the park land known as Union Park in the 
city of Chelsea, bounded and described as follows : — North- 
erly by Sixth street; Westerly by Arlington street; Southerly 
by Fifth street; and Easterly by Walnut street. 

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

Approved February 2, 1954. 

Chap. 55 An Act relative to the payment of a sum of money by 

the county commissioners of MIDDLESEX COUNTY TO 
CHARLES H. McSWEENBY OF BELMONT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 213 of the acts of 1952 is hereby 
amended by striking out, in lines 4 and 5, the words "reim- 
burse him for medical and dental expenses incurred by him 
as a result of an accident" and inserting in place thereof the 
words: — compensate him for injuries, — so as to read as 
follows: — For the purpose of discharging a moral obligation, 
the county commissioners of Middlesex county are hereby 
authorized to pay to Charles H. McSweeney of Belmont the 
sum of five hundred dollars to compensate him for injuries 



Acts, 1954. — Chaps. 56, 57. 33 

sustained in the probate court of said county on May seven- 
teenth, nineteen hundred and fifty-one. No payment shall 
he made hereunder until there shall have been filed with 
the treasurer of said county an agreement signed by said 
Charles H. McSweeney that the amount, if any, paid or to 
be paid for legal services rendered in connection with the 
passage of this act shall not exceed ten per cent of the sum 
paid hereunder. 

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

Approved February 2, 1954. 

An Act increasing the amount of money the county Qfidp^ 5g 

COMMISSIONERS OF THE COUNTY OF NORFOLK MAY BORROW 
AND EXTENDING THE TERMS OF BONDS OR NOTES ISSUED 
THEREFOR, FOR DISTRICT COURT PURPOSES IN THE TOWN 
OF WRENTHAM. 

Be it enacted, etc., as follows: 

Section 3 of chapter 590 of the acts of 1949 is hereby 
amended by striking out, in line 4, the word "two" and 
inserting in place thereof the word : — four, — and by strik- 
ing out, in line 9, the word "five" and inserting in place 
thereof the word: — ten, — so as to read as follows: — 
Section 3. For the purpose aforesaid, the treasurer of said 
county, with the approval of the county commissioners, may 
borrow upon the credit of the county such sums as may be 
necessary, not exceeding, in the aggregate, four hundred and 
fifty thousand dollars, and may issue bonds or notes of the 
county therefor, which shall bear on the face the words 
Norfolk County Court House Loan, Act of 1949. Each au- 
thorized issue shall constitute a separate loan and such loans 
shall be payable not more than ten years from their dates. 
The bonds or notes shall be signed by the county treasurer 
and countersigned by a majority of the county commissioners. 
The county may sell the said securities at pubUc or private 
sale, upon such terms and conditions as the county com- 
missioners may deem proper, but not for less than their 
par value. Indebtedness incurred hereunder shall, except 
as herein provided, be subject to chapter thirty-five of the 
General Laws. Approved February 2, 1954. 

An Act relative to obligations of certain consolidated nh^^ c't 

BUSINESS corporations. ^' 

Be it enacted, etc., as folio ws: 

Subsection 2 of paragraph (b) of section 46D of chapter g. l. (Ter. 
156 of the General Laws, as appearing in section 2 of chapter § 'loDltto.. 
514 of the acts of 1941, is hereby amended by striking out, in amended. ' 
line 7, the word and letter "forty-five A", and inserting in 
place thereof the word and letter: — forty-six A, 

Approved February 2, 1954- 



34 Acts, 1954. — Chaps. 58, 59, 60, 61. 



Chap. 58 An Act authorizing the county commissioners of essex 

COUNTY TO PAY A SUM OF MONEY TO EARL E. WELLS. 

Be it enacted, etc., as follows: 

For the purpose of discharging a moral obligation, the 
county commissioners of Essex county are hereby authorized 
to pay to Earl E. Wells the sum of five hundred and twenty- 
two dollars and fifty-eight cents to reimburse him for ex- 
penses of maintenance for the period from November fourth, 
nineteen hundred and fifty-two to February seventeenth, 
nineteen hundred and fifty-three during which time the house 
provided by said county for him as sheriff was not available 
for occupancy. Approved February 2, 195 If-. 

Chap. 59 An Act relative to the storage or use of explosive 

MATERIALS IN PLACES OF EMPLOYMENT. 

Be it enacted, etc., as follows: 

Ed J, 149 r Chapter 149 of the General Laws is hereby amended by 

§ 130, ' striking out section 130, as appearing in the Tercentenary 
amen e . Edition, and inserting in place thereof the following section : — 

fxpfosltes, Section ISO. Explosive or inflammable compounds or ma- 
reguiated.' terials shall not be so stored or used in any place of employ- 
ment as to obstruct or render hazardous the egress of em- 
ployees in case of fire. Approved February 2, 1954- 



Chap. 60 An Act relative to the fire department of the town 

of WAKEFIELD. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-six of the acts of nineteen 
hundred and twenty-five is hereby repealed. 

Section 2. Section two of chapter three hundred and 
seventy-two of the Special Acts of nineteen hundred and 
seventeen is hereby repealed. 

Section 3. This act shall take effect only upon the 
acceptance of the provisions of section forty-eight of chapter 
thirty-one of the General Laws by the town of Wakefield at 
the annual town meeting in the current year, in so far as it 
relates to the office of chief of the fire department and to the 
members of the fire force in said town. 

Approved February 2, 195 If. 

Chap. 61 An Act providing a penalty for permitting immoral 

conduct in certain premises. 

Be it enacted, etc., as follows: 

Ed)''il"'§26 Chapter 140 of the General Laws is hereby amended by 
amended." ' striking out scctiou 26, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
tion : — Section 26. Whoever, being licensed as a lodging 
house keeper under sections twenty-two to thirty-one, in- 



Acts, 1954. — Chap. 62. 35 

elusive, or as an innholder, or, being licensed under sections Pepaity for 
thirty-two A to thirty-two E, inclusive, or being in actual fm™orarTOn- 
charge, management or control of such lodging house, inn or '^J^°'^ !° certain 
premises for which the license is issued, knowingly permits 
the property under his control to be used for the purpose of 
immoral solicitation, immoral bargaining or immoral conduct 
shall be punished by a fine of not less than five hundred nor 
more than one thousand dollars or by imprisonment for not 
less than six months nor more than one year, or both. Evi- 
dence that a room in a hotel or lodging house or that the 
premises hcensed under sections thirty-two A to thirty-two 
E, inclusive, were not actually used for immoral conduct 
shall not prevent a conviction under this section of a person 
in actual charge, control or management of the hotel, lodg- 
ing house or premises who permits the occupation of such 
a room or such premises knowing or having good reason to 
know that the person occupying such room or premises 
intends to use either for immoral solicitation, immoral bar- 
gaining or immoral conduct. If it is required that registers 
be kept, as provided in sections twenty-seven and twenty- 
eight, evidence that the person in actual charge, control or 
management of the hotel, lodging house or premises has 
knowingly permitted the occupation of a private room of 
less than four hundred square feet floor area or of premises, 
containing a bed or couch, by the same woman on different 
occasions within a period of thirty days with different men, 
or by the same man on different occasions within a period of 
thirty days with different women, shall be prima facie evi- 
dence of a violation of this section. 

Approved February 2, 1954. 

An Act authorizing the city of Cambridge to sell for nhnnj go 

HOUSING PURPOSES CERTAIN LAND ACQUIRED FOR WATER ^' 

SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 255 of the acts of 1951 
is hereby amended by adding at the end the following two 
paragraphs : — 

Lot C. Beginning at a point on the southerly side of 
Blanchard road and continuing in a southerly direction 
120.00 feet adjacent to Lot 19, thence turning and continuing 
in a westerly direction 237.92 feet to a point, thence turning 
and continuing 100.00 feet adjacent to Lot #1 on Grove 
street to a point, thence turning and running in a northerly 
direction 76.71 feet along Grove street to a point of curvature, 
thence continuing on a curve 187.72 feet to a point of tan- 
gency, thence running 252.68 feet along Blanchard road and 
in an easterly direction to the point of the beginning. 

The above described parcel of land is shown as Lot "C" on 
a plan, drawn by Edgar W. Davis, city engineer, dated 
February 5, 1951, and on file in the office of the city engineer. 
All the above measurements and areas being more or less. 



36 Acts, 1954. — Chaps. 63, 64, 65. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved February 2, 1954- 

Chap. 63 An Act authorizing the trustees op the Norfolk 

COUNTY agricultural SCHOOL TO PAY TRANSPORTATION 
COSTS OF CERTAIN PUPILS ATTENDING SAID SCHOOL. 

Be it enacted, etc., as follows: 

E'(L)',nr Chapter 74 of the General Laws is hereby amended by 

§3iA. etc., striking out section 31A, as amended by chapter 42 of the 
amen e . ^^^^ ^^ 1943, and inserting in place thereof the following 

Payment of scctiou : — ScctioTi SI A. The trustees of the Essex county 
costs orcertafn agricultural school, the Bristol county agricultural school 
pupils, au- and the Norfolk county agricultural school may, if in their 
judgment the circumstances warrant, and it is not other- 
wise provided for, pay, in whole or in part, the costs of trans- 
porting any pupil who resides in a town in the county of 
Essex, the county of Bristol, or the county of Norfolk, as 
the case may be, between the town and the school, and such 
expenditure shall be deemed to be a proper maintenance 
item. Approved February 2, 195Jf. 

Chap. 64 An Act AUTHORIZING THE TOWN OF BARNSTABLE TO TRANSFER 
CONTROL OF KALMUS PARK TO THE SELECTMEN OF SAID 
TOWN. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
fourteen of chapter forty-five of the General Laws, Kalmus 
Park, located in the town of Barnstable, shall be under the 
jurisdiction and control of the board of selectmen of said 
town and with respect to such property all the powers and 
duties set forth in said section shall be exercised by the 
selectmen instead of the playground and recreation com- 
mission. Nothing herein contained shall derogate from the 
powers and duties of the playground and recreation com- 
mission of said town with respect to other properties now 
under their jurisdiction and control. 

Section 2. This act shall take effect upon its acceptance 
by the town of Barnstable at its next annual town meeting 
following the passage of this act. 

Approved February 2, 195Jf. 

Chap. 65 An Act further defining unencumbered real property 

UPON WHICH domestic INSURANCE COMPANIES MAY MAKE 
LOANS. 

Be it enacted, etc., as follows: 

Ed.n' i7!5,'§G3, Paragraph 7 of section 63 of chapter 175 of the General 
etc., amended.' Laws, as appearing in chapter 188 of the acts of 1945, is 



Acts, 1954. — Chaps. 66, 67. 37 

hereby amended by striking out the fifth sentence and in- 
serting in place thereof the followng sentence: — Real ^Xeluc^ 
property shall not be deemed to be encumbered Avithin the insurance 
meaning of this paragraph by reason of the existence of upon real 
instruments reserving mineral, oil or timber rights, rights of [:'eguiat*id. 
way, parking rights, sewer rights, or rights in walls, nor by 
reason of an option to purchase, nor by reason of any liens 
for taxes or assessments not delinquent, nor by reason of 
building restrictions or other restrictive covenants, nor by 
the reason that it is subject to lease under which rents or 
profits are reserved to the owner; provided, that the security 
for such loan is a first lien upon such real property and that 
there is no condition or right of re-entry or forfeiture under 
wliich such lien can be cut off, subordinated or otherwise 
disturbed. Approved February 2, 19-54. 



An Act relative to dating of life insurance policies (^/j^r) 66 

AND annuity contracts. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 130, as appearing in the Tercentenary f'lao,^'^'''' 
Edition, and inserting in place thereof the following sec- amended. 
tion: — Section ISO. No policy of life or endowment in- incorrect, 
surance shall be issued or delivered in the commonwealth ufe'^iluLnce 
if it shall purport to be issued or to take effect as of a date policies a^nd 
more than six months before the date of the original written trTcts.^for- 
application, if thereby the applicant would rate at an age t'"*'!®"- 
younger than his age at nearest birthday on the date when 
the application was made, and no annuity or pure endow- 
ment contract shall be so issued or delivered if it shall purport 
to be issued or to take effect at an age higher than the age of 
the applicant at his nearest birthday at the time of the 
original \\Titten application. Approved February 2, 1954. 



An Act relative to the time for filing of petitions for (JJidj) gy 

THE ADOPTION OF A STANDARD FORM OF CITY CHARTER. 

Be it enacted, etc., as follows: 

Section 7 of chapter 43 of the General Laws, as most ^j^f ^J^§7 
recently amended by section 3 of chapter 459 of the acts of etcVamended. 
1948, is hereby further amended by adding at the end the 
following paragraph : — 

The petition shall be filed with the city clerk at least one Filing of cer- 
hundred and forty days before the date of the election at peutioM'^,*^'^ 
which the question proposed by the petition is to be sub- regulated, 
mitted to a vote of the voters. 

Approved February 2, 1954. 



38 



Acts, 1954. — Chaps. 68, 69. 



Chap. 68 An Act relative to writing down the value of real 

PROPERTY HELD FOR INVESTMENT PURPOSES BY DOMESTIC 
LIFE INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section 66B of chapter 175 of the General Laws, as appear- 
ing in section 1 of chapter 269 of the acts of 1947, is hereby- 
amended by striking out the fifth sentence and inserting in 
place thereof the following two sentences: — Such property 
shall be carried upon the books of the company at a value 
not in excess of its original cost or value. Such book value 
shall be written down at a rate that will average not less than 
two per cent per annum of such original cost or value for 
each year that the property has been held. 

Approved February 2, 1954- 



G. L. (Ter. 
Ed.), 175, 
§ C6B, etc., 
amended. 

Vv'riting down 
value of cer- 
tain real 
estate held, 
regulated. 



Chap. 69 An Act establishing the date for payment of the 

INCOME TAX. 



G. L. (Ter. 
Ed.), 62, 
§ 37A, etc., 
amended. 

Date for 
payment of 
interest on 
state income 
tax, estab- 
lished. 



Be it enacted, etc., as follows: 

Chapter 62 of the General Laws is hereby amended by 
striking out section 37A, as amended bj'- section 2 of chapter 
322 of the acts of 1947, and inserting in place thereof the 
following section: — Section 37 A. Except as otherwise pro- 
vided in section twenty-five, the tax imposed by this chapter 
shall be due and payable in advance of assessment at the 
time when the tax return is required to be filed. 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, until it is paid. Taxes 
assessed under sections thirty-five, thirty-six and thirty- 
seven shall include interest as provided in this section to the 
date when the tax so assessed, or any unpaid balance thereof, 
is required to be paid, which shall be the thirtieth day follow- 
ing the date of the notice of the assessment. 

Approved February 3, 1954- 



The Commonwkalth of Massachusftts, 
Executive Department, State House, 

Boston, February 3, 1954. 

Honorable Edward J. Cronin, Secretary of the Commonwealth, 
State House, Boston, Massachusetts, 

Sir: — I, Christian A. Herter, by virtue of and in accordance 
with the provisions of the Forty-eighth Amendment to the 
Constitution, "The Referendum II, Emergency Measure", 
do declare that in my opinion, the immediate preservation of 
the public convenience requires that the law passed on the 
third day of February in the year one thousand nine hundred 
and fifty-four, being Chapter 69 of the Acts of 1954 entitled, 
"An Act Establishing the Date for Payment of the Income 



Acts, 1954. — Chap. 70. 39 

Tax ", should take 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 make it 
impossible for the Commonwealth to receive the payment 
of taxes due in 1954 in one payment on the date when the tax 
return is required to be filed. Without this legislation, the 
payment would be in two equal payments — one on April 
15 and the other October 1. Such a condition would seriously 
upset the budget of the Commonwealth. Therefore, it is 
necessary that the legislation referred to above should take 
effect forthwith. 

Very truly yours, 

Christian A. Herter, 

Governor of the Covimonwealth. 



Office of the Secretary, Boston, February 3, 1954. 

I, Edward J. Cronin, Secretary of the Commonwealth, 
hereby certify that the accompanjdng statement was filed in 
this office by His Excellency the Governor of the Common- 
wealth of Massachusetts at two o'clock and forty-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 sixty-nine 
of the acts of nineteen hundred and fifty-four. 

Edward J. Cronin, 

Secretary of the Commonwealth. 



An Act establishing the date for the filing of income Qfidj) 7Q 

TAX RETURNS. 

Be it enacted, etc., as follows: 

Section 1. Section 24 of chapter 62 of the General g. l. (Xer. 
Laws, as amended by section 2 of chapter 45 of the acts of §24,' etc.. 
1943, is hereby further amended by striking out, in fine 8, amended. 
the words "March first" and inserting in place thereof the 
words: — April fifteenth, — so as to read as follows: — 
Section 24- Returns under sections twenty-two and twenty- Date for 
three shall be accompanied by a written declaration that ^ii'?!;°L^o 

11 I* t* • 11111 SLHrtG incorri'3 

they are made under the penalties of perjury, and shall be tax returns. 
filed with the commissioner, shall be made in such form as '^^^^ '® ® ' 
the commissioner prescribes, and shall contain such further 
information as he deems pertinent. Except as otherwise 
provided in this chapter, the return shall be made on or 
before April fifteenth in each year and shall relate to the 
income received during the year ending on December 
thirty-first preceding. 

Section 2, Section five of chapter two hundred and 
forty-six of the acts of nineteen hundred and fifty-three is 
hereby repealed. Approved February S, 1954. 



40 



Acts, 1954. — Chaps. 71,72. 



G. L. (Ter. 
Ed.), 121, 
§ 2GJ, etc., 
amended. 



"Mayor" as 
used in hous- 
ing authority 
law, defined. 



Chap. 71 An Act defining the word "mayor" as used in the 

HOUSING AUTHORITY LAW, AND VALIDATING THE APPOINT- 
MENT OF CERTAIN HOUSING AUTHORITY MEMBERS. 

Be it enacted, etc., as follows: 

Section 1. Section 26 J of chapter 121 of the General 
Laws is hereby amended by striking out the paragraph de- 
fining "Mayor", inserted by chapter 322 of the acts of 1951, 
and inserting in place thereof the following paragraph: — 

"Mayor", the duly elected mayor of the city in all cities 
except those having a Plan D or Plan E charter. In cities 
having a Plan D or Plan E charter, the city manager shall 
have and possess, and shall exercise all the powers granted 
to the mayor by sections twenty-six K to twenty-six NN; 
provided, that, in each instance where the exercise of such 
a power by the mayor, under the provisions of sections 
twenty-six K to twenty-six NN, is subject to approval or 
confirmation by the city council, the exercise of such a 
power by the city manager shall be subject to like approval 
or confirmation. 

Section 2. Every appointment of a member of a housing 
authority under section twenty-six L of chapter one hundred 
and twenty-one of the General Laws, made before the ef- 
fective date of this act by the city manager in a city having 
a Plan D or Plan E charter is hereby vahdated as of the 
date of such appointment whether or not such appointment 
shall have been confirmed by the city council. 

Approved February S, 1954. 



Certain 

appointments, 

validated. 



Chap. 72 An Act relative to the dissolution of housing au- 
thorities. 

Be it enacted, etc., as follows: 

Section 1. Section 26K of chapter 121 of the General 
Laws, as appearing in section 1 of chapter 574 of the acts 
of 1946, is hereby amended by inserting after the word 
"Organization", in line 1, the words: — and Dissolution. 

Section 2. Said section 26K of said chapter 121 is 
hereby further amended by adding at the end the following 
paragraph : — 

Whenever a housing authority determines that there is no 
further need for its existence, that it has no property to ad- 
minister, and that all outstanding obligations of the authority 
have been satisfied, it may by a majority vote of the five 
members submit the question of its dissolution, in a town, to 
the voters at an annual town meeting or, in a city, to the 
vote of the city council with the approval of the mayor. If 
a city or town votes for such dissolution in accordance here- 
with and the chairman of the state housing board is satisfied 
of the existence of the facts required herein, he shall so 
certify to the state secretary and said housing authority 



G. L. (Ter. 
Ed.>, 121, 
§ 26K, etc., 
amended. 



G. L. (Ter. 
Ed.), 121. 
§ 26K, etc., 
further 
amended. 
Dissolution 
of hoiising 
authorities, 
regulated. 



Acts, 1954. — Chaps. 73, 74. 41 

shall be dissolved forthwith subject to the appUcable provi- 
sions of section fifty-one of chapter one hundred and fifty- 
five. Approved February S, 19S4. 

An Act relative to urban redevelopment corpora- Chap. 73 

TIONS and the clearance OF SLUMS AND REDEVELOP- 
MENT OF URBAN AREAS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter r21A of the General gj^. (Ter. 
Laws, as most recently amended by section 1 of chapter 647 § i. etct, ' 
of the acts of 1953, is hereby further amended by striking ^'^®°'^^'^' 
out, in line 8, the words "assembled and" and inserting in 
place thereof the words : — acquired or. 

Section 2. Said section 1 of said chapter 121 A, as so g. l. (Ter. 
amended, is hereby further amended by adding at the end f I'^^tlf^^' 
the following paragraph: — further ' 

"Construct", "construction", and "erect" shall include''""''*"^- 
the renovation, rehabilitation or remodeling of buildings or 
structures. Approved February 3, 1954-. 

An Act prohibiting the display of unauthorized regis- ni^r,^ 74 

TRATION plates AND THE CONCEALING OF REGISTRATION V' *^ 

PLATES ON MOTOR VEHICLES AND TRAILERS. 

Be it enacted, etc., as follows: 

Section 23 of chapter 90 of the General Laws is hereby o. l. (Xer. 
amended by striking out the first paragraph, as appearing fmenird.^ ^^' 
in the Tercentenary Edition, and inserting in place thereof 
the following paragraph : — Any person convicted of operat- Display of 
ing a motor vehicle after his Hcense to operate has been rcgl^tra'tion^ 
suspended or revoked, or after notice of the suspension of ^{.QhTbited' 
his right to operate a motor vehicle without a license has 
been issued by the registrar and received by such person or 
by his agent or employer, and prior to the restoration of 
such hcense or right to operate or to the issuance to him of 
a new license to operate, and any person convicted of oper- 
ating or causing or permitting any other person to operate 
a motor vehicle after the certificate of registration for such 
vehicle has been suspended or revoked and prior to the 
restoration of such registration or to the issuance of a new 
certificate of registration for such vehicle, shall, except as 
provided by section twenty-eight of chapter two hundred 
and sixty-six, be punished for a first offence by a fine of not Penalty. 
less than fifty nor more than one hundred dollars or by 
imprisonment for not more than ten days, or both, and for 
any subsequent offence by imprisonment for not less than 
ten days nor more than one year, and any person who at- 
taches or permits to be attached to a motor vehicle or trailer 
a number plate assigned to another motor vehicle or trailer, or 
who obscures or permits to be obscured the figures on any 
number plate attached to any motor vehicle or trailer, or 



42 Acts, 1954. — Chaps. 75, 76. 

who fails to display on a motor vehicle or trailer the number 
plate and the register number duly issued therefor, with 
intent to conceal the identity of such motor vehicle or trailer, 
Penalty. g^^^ ^6 puuished by a fine of not more than one hundred 

dollars or by imprisonment for not more than ten days, or 
both. Approved February S, 1954. 

Chap. 75 An Act authorizing a domestic life insurance com- 
pany TO insure the lives of its employees and to 

PAY the cost of or THE PREMIUM FOR ANY GROUP POLICY 
ISSUED BY IT. 

Be it enacted, etc., as follows: 

Edx 175.'* Section 36 of chapter 175 of the General Laws is hereby 

Imeided' amended by striking out the third paragraph, inserted by 
amen e . gectiou 1 of chapter 218 of the acts of 1938, and inserting in 

place thereof the following paragraph : — 

cirtahfufi Any domestic life company may, with the written ap- 

insurance proval of the commissiouer, also provide for the payment of 

domestic ^ pensions to its aged or disabled employees under a group 

authOTL'ed. contract issued by it. The employees and the company 

shall contribute to the cost of, or the premium for, any such 

contract. Such a company may, with hke approval, insure 

the hves of its employees under a group pohcy issued by 

it, which shall be subject to the provisions of sections one 

hundred and thirty-three to one hundred and thirty-six, 

inclusive, so far as apphcable. The provisions of section 

ninety-four relative to membership and voting rights in 

a domestic mutual life company shall not apply to any 

person covered by or insured under any such contract or 

poUcy. Approved February 3, 1954. 

Chap. 76 An Act authorizing the town of falmouth to discon- 
tinue THE USE FOR PARK PURPOSES OF CERTAIN LAND AT 
MEGANSETT. 

Be it enacted, etc., as follows: 

Section 1. The town of Falmouth may, by a vote at 
a town meeting called for the purpose, discontinue the use 
for park purposes of the land and beach in that part of 
Falmouth known as Megansett, owned by said town, and 
thereafter may use and maintain said land and beach as a 
town bathing beach or for such other municipal purposes as 
it may from time to time determine. Said town may restrict 
the use of said land and beach to its inhabitants, their 
guests and seasonal residents, and may adopt by-laws, not 
repugnant to law, relative to the use, care, regulation and 
control of the same for such purposes. 

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

Approved February 4, 1954. 



Acts, 1954. — Chaps. 77, 78. 43 



An Act authorizing the town of dover to convey to Qhav 77 

LAURENCE O. PRATT CERTAIN L.\ND HELD BY SAID TOWN 
FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Dover is hereby authorized to 
sell and convey to Laurence 0. Pratt the premises in said 
town taken by it for park purposes by instrument of taking 
recorded with Norfolk Registry of Deeds, Book 701, Page 
173, said land to be conveyed free and clear of park purposes 
and public uses, and being bounded and described as fol- 
lows : — 

Two parcels of land situate in said Dover on the north 
and south sides of Chapel Street (now discontinued), re- 
spectively, and bounded and described as follows : — 

Commencing at a stake at the junction of Main Street 
and Springdale Avenue, thence the hne runs northerly and 
follows the east line of said Main Street, one hundred eighty- 
six and eight tenths feet to another stake; thence the Une 
turns and runs easterly upon the south Une of said Chapel 
Street (now discontinued), in an irregular course three hun- 
dred sixty-three and nine tenths feet to another stake ; thence 
the Une turns and runs westerly on the north Une of said 
Springdale Avenue, three hundred fifty-three and twenty- 
two one hundredths feet to the stake first mentioned, con- 
taining seventeen thousand two hundred and ninety square 
feet. 

Commencing at a bound in the north Une of Chapel Street 
(now discontinued); thence the Une runs easterly by land 
of Miss Mary Grace one hundred fifty-nine feet to an old 
post; thence the Une turns and runs southerly forty-seven 
feet to a bound at said Chapel Street (now discontinued); 
thence the Une turns and runs westerly on the north Une of 
said Chapel Street (now discontinued) to the point of be- 
ginning, containing four thousand seven hundred sixty-one 
square feet. 

Both of said parcels of land are laid down on a plan made 
by E. Worthington, Jr., dated April 29, 1893, which plan is 
recorded with said Registry of Deeds, Book 1131, Page 640. 

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

Approved February 4, 1954. 

An Act placing the office of chief of the fire depart- Chap. 78 

MENT of the town OF HULL UNDER THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
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 any incumbent of said office shall be unUmited, 
subject, however, to said laws; provided that the present 



44 Acts, 1954. — Chaps. 79, 80. 

incumbent of said office shall continue to serve as such pro- 
vided he passes a qualifying examination to be given by the 
division of civil service. 

Section 2. This act shall be submitted to the registered 
voters of the town of Hull at the annual town election in 
the current year in the form of the following question which 
shall be placed upon the official ballot to be used in said 
town at said election: — "Shall an act passed by the General 
Court in the year nineteen hundred and fifty-four, entitled 
'An Act placing the office of chief of the fire department of 
the town of Hull 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 February 4, 1954- 

Chap. 79 An Act further defining the words "armed forces of 

THE UNITED STATES" FOR THE PURPOSE OF ABSENT VOT- 
ING. 

Be it enacted, etc., as follows: 

The second paragraph of section 1 of chapter 531 of the 
acts of 1948 is hereby amended by adding at the end the 
following : — , or any spouse, parent or child of such member 
of the armed forces, if accompanying or being with such 
member and who has the quahfications entitling him to 
register in the same election district. 

Approved February 4, 1964. 

Chap. 80 An Act increasing the powers and duties of the board 

OF PUBLIC WORKS OF THE TOWN OF NORTH ANDOVER. 

Be it enacted, etc., as follows: 

Section 1. Chapter 379 of the acts of 1906 is hereby 
amended by inserting after section 2 the following section : — 
Section 2 A. The said board of public works shall have the 
powers, rights, duties and obligations now or from time to 
time vested by general law, special law or town meeting vote 
in the following departments, officers and committees of said 
town, to wdt: park department, playground department, 
cemetery department and school department, in so far as 
the care, improvement and maintenance of school depart- 
ment property, exclusive of school buildings, is vested by 
general law in the school department. The use and control 
of all school department property shall remain with the 
school department. 

Section 2. This act shall be submitted for acceptance 
to the voters of the town of North Andover at the next 
annual town election 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-four, entitled 'An Act 
increasing the Powers and Duties of the Board of Public 
Works of the Town of North Andover' be accepted?" If 



Acts, 1954. — Chaps. 81, 82, 83. 45 

a majority of votes cast in answer to such question are in 
the affirmative, this act shall become fully effective begin- 
ning \\dth, and for the purposes of, the annual town election 
in the year nineteen hundred and fifty-four, but not other- 
vnse. Approved February 4, 1954- 

An Act relative to the filing of certain statements Qhav 81 

BY THE MALDEN STADIUM AND ATHLETIC FIELD COMMIS- 
SIGN. 

Be it enacted, etc , as follows: 

Section 1. Chapter 456 of the acts of 1946 is hereby 
amended by striking out section 6 and inserting in place 
thereof the following : — Section 6. The commission shall 
annually on or before the fifteenth day of January file with 
the city clerk an itemized and detailed statement of any 
revenue received from, and all expenditures made for, said 
athletic field and the buildings and other structures thereon 
for the year ending December thirty-first preceding. 

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

Approved February 4, 1954. 

An Act placing the office of veterans' agent and QJidj) §2 

DIRECTOR OF VETERANS* SERVICES IN THE CITY OF PITTS- 
FIELD UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of veterans' agent and director of 
veterans' services in the city of Pittsfield shall, upon the ef- 
fective date of this act, become subject to the civil service 
laws and rules, and the incumbent of said office shall have 
unlimited tenure of office, subject, however to said laws, 
provided, however, that the incumbent of said office on said 
effective date shall be subjected by the division of civil 
service to a qualifjdng examination, and if he passes said 
examination he shall be certified for said office and deemed 
to be permanently appointed thereto, without being required 
to serve any probationary period. 

Section 2. This act shall take effect upon its acceptance 
by the mayor and city council in the current year. 

Approved February 4, 1964. 



Chap, 83 



An Act providing for the filing of copies of contracts 
executed on behalf of a city with the city auditor. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 17, as appearing in the Tercentenary f^g^^ed ^ ^^' 
Edition, and inserting in place thereof the following sec- 
tion: — Section 17. Every officer of a city who makes or 



46 Acts, 1954. — Chaps. 84, 85. 

Filing of executes a contract on behalf of the city shall furnish said 

contrldL!'**^^ contract or a copy thereof to the city clerk and the city 
regulated". auditor withiu one week after its execution; and the city 
clerk shall keep such contract or copy on file, open to public 
inspection during business hours. Such contracts or copies 
shall be kept in a book by themselves or in several books, 
arranged according to the subject of the contract, or in other 
convenient form, and an index to the subject matter of the 
contracts and to the names of the contractors shall be made 
semi-annually, and shall also be open to public inspection in 
some convenient form. All allowances under and additions 
to such contracts, or copies thereof, shall be filed with the 
city clerk and the city auditor, together with a sworn state- 
ment of the officer making such allowances or additions that 
the same are correct and in accordance with the contract. 
^' A city clerk or other city officer failing to comply with this 

section shall be punished by a fine of not less than ten nor 
more than one hundred dollars. 

Approved February 4, i954. 



Chap. 84 An Act relative to the establishment of a town 

MANAGER FORM OF GOVERNMENT IN THE TOWN OF IPSWICH. 

Be it enacted, etc., as follows: 

Chapter 247 of the acts of 1949 is hereby amended by 
inserting after section 2 the following section: — Section 2 A. 
Upon the election and qualification of the five selectmen 
elected as herein provided, all the powers, rights, duties and 
Uabilites, except as hereinafter provided, now or hereafter 
conferred or imposed by law upon the selectmen, shall be 
exercised and performed by the selectmen elected under 
the provisions of section two. Nothing in this act shall be 
construed to affect the powers and duties of the selectmen 
as provided by law, except as specifically provided herein. 

Approved February 8, 1954. 



Chap. 85 An Act relative to membership in the saugus police 

RELIEF ASSOCIATION, INCORPORATED. 

Be it enacted, etc., as follows: 

Whenever a member of the Saugus PoHce Relief Associa- 
tion, Incorporated ceases to be a member of the Saugus 
police department, he shall cease to be a member of said 
association and shall no longer be entitled to any benefits 
therefrom; provided, however, that any member of said 
association who ceases to be a member of the Saugus police 
department by reason of being pensioned from said depart- 
ment, shall within thirty days of such retirement be paid 
from the funds of said association a sum of money equal to 
the death benefit. Approved February 8, 1954. 



Acts, 1954. — Chaps. 86, 87. 47 



An Act authorizing the school committee of the city (JJidj) gg 

OF NORTHAMPTON TO FIX THE COMPENSATION OF THE 
SUPERINTENDENT OF SCHOOLS AND THE SECRETARY OF 
THE SCHOOL COMMITTEE. 

Be it enacted, etc., as follows: 

Section 1. Section 22 of chapter 250 of the acts of 
1883 is hereby amended by striking out the fifth sentence 
and inserting in place thereof the following sentence : — 
The school committee shall annually appoint a secretary 
who shall be under the direction and control of said com- 
mittee, and may annually appoint, but not from their own 
number, a superintendent of the schools; and shall fix the 
compensation of such secretary and superintendent; and 
the school committee may remove for sufficient cause such 
secretary or superintendent. 

Section 2. This act shall be submitted for acceptance 
to the legal voters of the city of Northampton at the regular 
municipal election to be held in said city in the year nineteen 
hundred and fifty-five, 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-four, 
entitled 'An Act authorizing the school committee of the 
city of Northampton to fix the compensation of the superin- 
tendent of schools and the secretary of the school com- 
mittee', be accepted?" 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 8, 195 4. 

An Act further defining "property" in the law rela- (7/^^r> 87 

TIVE to carriers OF PROPERTY BY MOTOR VEHICLE FOR ^' 

COMPENSATION, 

Be it enacted, etc., as follows: 

Section 2 of chapter 159B of the General Laws is hereby g. l. (Ter. 
amended by striking out the paragraph defining "Property", f 2;^etc^^^' 
inserted by section 1 of chapter 346 of the acts of 1949, and amended. 
inserting in place thereof the following paragraph : — 

"Property", any physical matter whatsoever, regardless 'Property", 
of value, over which the right of ownership or control may dts^nld. 
be exercised, including currency, documents and papers of 
all kinds, except telegraphic messages transmitted by a 
telegraph company subject to the regulations of the depart- 
ment of public utilities and the Federal Communications 
Commission. Approved February 8, 1954. 



48 Acts, 1954. — Chaps. 88, 89. 



Chap. 88 An Act relative to the revocation of certain licenses 

ISSUED BY the DIVISION OF FISHERIES AND GAME. 

Be it enacted, etc., as follows: 

Ed) ill!' Section 16 of chapter 131 of the General Laws is hereby 

§ 16,' etc ' amended by striking out the first sentence, as appearing in 

amen et chapter 193 of the acts of 1947, and inserting in place thereof 

TCrtohTiic "nses ^^^ f ollowing scntencc : — Unless otherwise specifically pro- 

reguiated. ' ylded by law, every license, permit or certificate issued 

under any provision of this chapter, except a hcense issued 

under clause three, four or six of section one hundred and 

seven, held by any person found guilty of, or convicted of, 

or assessed in any manner after a plea of nolo contendere, or 

penahzed in any manner for, a violation of any provision of 

this chapter, or of corresponding provisions of earlier laws, or 

of any rule or regulation made under authority thereof, shall 

be void, and shall immediately be surrendered to any officer 

authorized to enforce this chapter. 

Approved February 8, 1954. 



Chap. 89 An Act relative to assessments in connection with 

THE OPERATION OF THE WATER SUPPLY SYSTEM OF THE 
TOWN OF WESTMINSTER. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 369 of the acts of 1950 
is hereby amended by striking out, in Hnes 4 and 5, the words 
", with the income derived from the water rates,", — and 
by adding at the end the following: — ; provided, that the 
amount of such annual tax may be reduced by the amount of 
the proceeds of the assessments hereinafter provided for 
which shall be on hand at the time of such tax levy and 
available for the pa>Tnent of the principal and interest of 
such bonds or notes, — so as to read as follows : — Sectiofi 6. 
Said town shall, at the time of authorizing said loan or 
loans, provide for the payment thereof in accordance with 
the provisions of section five; and when a vote to that 
effect has been passed, a sum which will be sufficient to 
pay the annual expense of operating its water works or 
the purchasing of water and the maintenance of its pipe 
lines, as the case may be, and the interest as it accrues on 
the bonds or notes issued as aforesaid, and to make such 
payments on the principal as may be required under the 
provisions of this act, shall without further vote be assessed 
by the assessors of said town annually thereafter in the same 
manner as other taxes, until the debt incurred by the said 
loan or loans is extinguished; provided, that the amount of 
such annual tax may be reduced by the amount of the 
proceeds of tVie assessments hereinafter provided for which 
shall be on hand at the time of such tax levy and available 
for the payment of the principal and interest of such bonds 
or notes. 



Acts, 1954. — Chap. 89. 49 

Section 2. Said chapter 369 is hereby further amended 
by inserting after section 6 the following nine sections : — 
Section 6 A. Said to\s^n shall at the time of authorizing said 
loan or loans provide for the payment thereof in accordance 
with the provisions of section six, and when a vote to that 
effect has been passed, a sum 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 a further sum equivalent to one third of the 
interest as it accrues on the bonds or notes issued as afore- 
said, and of one third of such payments on the principal as 
may be required under the provisions of this act, shall with- 
out further vote, be assessed by the assessors of said town 
annually thereafter and the remaining two thirds of such 
interest as it accrues and two thirds of the payments on the 
principal as may be required, reduced, however, by such 
sum as may be derived from the receipt of water rates and 
charges, further reduced, if at all, by such receipts as maj'' 
be derived from extensions provided for by section six B, 
shall be assessed annually thereafter among the estates 
benefited on the basis of assessed valuation or by such other 
equitable method of uniform apportionment as said com- 
missioners may determine and direct until the debt incurred 
by the said loan or loans is extinguished. The foregoing 
provisions, except as hereinafter provided by section six B, 
shall also apply to all subsequent loan or loans which may 
from time to time be authorized for the purpose of making 
additional extensions to said water system. 

Section 6B. Whenever, after the installation of said 
system, the water commissioners determine to lay and con- 
struct water pipes and installations in waj^s, streets or high- 
ways not previously served, and which shall have been duly 
authorized by vote of the town, said commissioners shall 
adopt an order stating that that portion of the maturing 
debt and interest on such extension, reduced in the first 
year, by the estimated revenue to be derived from such 
extension during that year an<i in the succeeding years 
during the life of said loan or loans by an amount equal to 
the actual revenue of the preceding year, shall be assessed 
against the estates benefited by such extension and collected 
as hereinafter provided. If the cost of such extension is 
defrayed by the application of accumulated water surplus, 
said cost so defrayed shall be assessed against the estates 
benefited by such extension in equal annual installments for 
fifteen years, provided, however, such equal annual install- 
ments shall be reduced in the first year by the estimated 
revenue to be derived from such extension so defrayed and 
in subsequent years shall be reduced by an amount eciuivalent 
to the actual water revenue derived from said extension 
during the preceding year. Said assessments shall be 
collected as hereinafter provided and shall be in addition to 
the assessment provided for in section six A. 



50 Acts, 1954. — Chap. 89. 

Section 6C. Said commissioners shall, in their assess- 
ments under the provisions of sections six A and six B, desig- 
nate 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 such amount of the cost of 
such water mains and necessary connecting equipment as 
is to be assessed shall contain a description sufficiently ac- 
curate 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 
apportioned and assessed on each parcel of land within 
such area; and such order, plan and estimate shall be 
recorded within sixty days from the adoption of the order. 

No costs shall be apportioned for such water mains and 
necessary connecting equipment unless the order, plan and 
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 commissioners shall certify the list of assessments upon 
land in the town to the assessors who shall forthwith commit 
such assessments, with their warrant, to the collector of 
taxes, and he shall, except as to the date of the notice, forth- 
with send notice in accordance 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 6D. Assessments made under this act shall con- 
stitute a hen 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 expira- 
tion 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 



Acts, 1954. — Chap. 89. 51 

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 aliena- 
tion within such period, the lien shall continue until there 
is a recorded ahenation. If the vaUdity of an assessment 
made under this act is called in question in any legal proceed- 
ing 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 
established 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 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 pay- 
ment of an assessment is extended under section thirteen A 
of chapter eighty of the General Laws, the lien 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 6E. 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 assess- 
ments, 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. 

Section 6F. If land which is subject to a lien for an 
assessment 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 
unpaid, and the costs and interest accrued thereon, among 
the several parcels into which said land has been divided, 
assessing upon each parcel the part of the original assessment 
remaining unpaid proportionate to the special benefit re- 



52 Acts, 1954. — Chap. 89. 

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 hen 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 appointed 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 6G. If an assessment is invalid and has not been 
paid in full or has been paid under such circumstances that 
it can be recovered, it may be reassessed by the board in 
the amount for which the original assessment ought to have 
been made, at any time before the expii-ation of two years 
from the date of the assessment, if the land has in the mean- 
time been ahenated; otherwise at any time before the 
alienation thereof. Such assessment shall be a hen 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 6H. Whenever a formal vote or order for the 
construction of said water mains 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 61. Except as provided in this act, the provisions 
of chapter eighty of the General Laws relative to reassess- 
ment, surrender of land assessed, petition for abatement, 
abatement, appeal and other procedure shall apply. 

Section 3. Section 9 of said chapter 369 of the acts 
of 1950 is hereby amended by striking out the second sentence 
thereof and inserting in place thereof, the following new 
sentence: — Except as otherwise provided, the income of 
the water woiks shall be appropriated by vote of the town to 
defray all operating expenses, interest charges and pay- 
ments on the principal as they accrue upon any bonds or 
notes issued under authority of this act. 

Section 4. This act shall take full effect upon its ac- 
ceptance by vote of the majority of the voters of the town 
of Westminster voting thereon at any annual or special town 
meeting held within five years after its passage. 

Approved February 8, 1954. 



Acts, 1954. — Chaps. 90, 91, 92. 63 



An Act providing that the director of civil service Q]iqj) qq 

MAY IN certain CASES FIX A MAXIMUM AGE REQUIREMENT 
FOR POLICE OFFICERS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make existing provisions of the ^'^'""" 
civil service laws relative to maximum age requirements 
applicable to police officers without delay, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enactGd, etc., as follows: 

The first paragraph of section 48 of chapter 31 of the g. l. (Ter. 
General Laws is hereby amended by striking out the last §'48' etc., 
sentence, inserted by chapter 306 of the acts of 1953, and amended.' 
inserting in place thereof the following sentence: — In case an 
eligible list of at least two available persons is not established 
from a competitive examination for fire fighter or police 
officer, the director may, upon request of the appointing Age require- 
authority of a fire force or police force made wnthin six poircVoffcers 
months after the results of the examination are determined, extended in 

,,, , .. ...,.,, „' certain cases. 

hold another competitive examination m which he may fix 
a maximum age limit of not more than forty years. 

Approved February 9, 195J^. 

An Act further regulating the granting of diplomas Chap. 91 
TO high school students entering the armed services 

OF THE united STATES. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 34C, inserted by chapter 67 of the acts of §'340^ etc.. 
1951, and inserting in place thereof the following section: — amended. 
Section SJ^C. Notwithstanding any provision of law to the Granting of 
contrary, any person who enters the armed services of the alptimas"?!) 
United States during time of war or during a period of certain persons 
national emergency by declaration of the president of the serv^^s. 
United States and has completed the first half of his senior authorized. 
year in a public high school, and is in good standing in said 
school on the date of his entrance into said armed services, 
shall be granted a diploma forthwith and shall for all purposes 
be considered to have completed his entire high school course. 

Approved February 9, 19o4- 



An Act defining coastal waters as used in the laws Qhn/r) 92 
relating to fisheries and game. ^ * 

Be it enacted, etc., ns follows: 

Section ] of chapter 131 of the General Laws is hereby g. i,. (Ter. 
amended by inserting after the paragraph defining "Close ft.^kc^,^' 
season", as appearing in section 2 of chapter 599 of the acts amended. 
of 1941, the following paragraph: — 



added. 



54 Acts, 1954. — Chaps. 93, 94, 95. 

'waw\ "Coastal waters", all waters of the commonwealth within 

defined.' the risc and fall of the tide and the marine hmits of the 

jurisdiction of the commonwealth, but not waters within or 
above any fishway or dam nor waters above any tidal bound 
legally estabUshed by the department of public works in 
streams flowing into the sea. Approved February 9, 1954- 

Chap. 93 An Act authorizing exemptions from the law requiring 

ONE day's rest in SEVEN. 

Be it enacted, etc., as folloivs: 

F.±)',U9^' Chapter 149 of the General Laws is hereby amended by 

?5TJ ^^^' inserting after section 51 the following section : — Section 51 A . 
The commissioner, if it is proved to his satisfaction that 
special circumstances require an exemption from section 
forty-eight, may grant such exemption under such conditions 
as he deems necessary for a period not exceeding sixty days. 

Approved February 9, 1954. 

Chap. 94 An Act providing that certain employees of the town 
OF watertown shall not be subject to the civil 

SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. Employees of the town of Watertown here- 
after employed by, through or under the authority of a 
recreation commission created in said town under the provi- 
sions of section fourteen of chapter forty-five of the General 
Laws, shall not be subject to, nor have the benefit of the 
provisions of chapter thirty-one of the General Laws. 

Section 2. This act shall take full effect when accepted 
by a vote of an annual or special town meeting in the town of 
Watertown duly called for that purpose. 

Approved February 9, 1954- 

Chap. 95 An Act regulating the investment of funds of gas 

AND ELECTRIC COMPANIES. 

Be it enacted, etc., as follow s: 

EdV'iw'^' Section 1. Chapter 164 of the General Laws is hereby 

§ iVa, etc., amended by striking out section 17A, inserted by chapter 132 
amen e . ^£ ^1^^ ^^^^ ^^ 1932, and inserting in place thereof the following 

Investment of sectiou: — Sectiou 17 A. No gas or electric company shall, 
Ind^liectn? except iu accordauce with such rules and regulations as the 
companies, department shall from time to time prescribe, loan its funds 
or invest its funds in the stock, bonds, certificates of participa- 
tion or other securities of any corporation, association or trust 
unless the said loan or investment is approved in writing by 
Penalty. \\yQ department. A director, treasurer or other officer or 

agent of a gas or electric company who makes such loan or 
purchases such securities or votes to authorize such loan or 
such purchase in violation of this section shall be punished 



Acts, 1954. — Chaps. 96, 97, 98. 55 

by a fine of not more than one thousand dollars or by im- 
prisonment for not more than one year, or both. 

Section 2. Nothing in section seventeen A of chapter Proviso. 
one hundred and sixty-four of the General Laws, as amended 
by section one, shall invahdate any loan or other investment 
made by any gas or electric company prior to the effective 
date of this act. Approved February 9, 1954. 

An Act relative to tenure of office of the present Chav. 96 

INCUMBENT OF THE OFFICE OF SECOND ASSISTANT CITY 
CLERK IN THE CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Helen M. Defino, the incumbent of the office 
of second assistant city clerk in the city of Worcester, is 
hereby given unlimited tenure of office therein, and shall not 
be involuntarily separated from her service as such, except 
for cause after a hearing and a decision by the appointing 
authority. Said decision may be appealed from to the city 
council witliin five days after the giving of notice thereof by 
the appointing authority, and the city council shall give 
a hearing and decision thereon within thirty days after the 
filing of a request for a hearing. Within thirty days after 
notice to the employee of the decision of the city council, the 
action of the appointing authority and of the city council 
may be appealed from to the district court subject to and in 
accordance with the provisions of section forty-five of 
chapter thirty-one of the General Laws to the same extent 
as if the office were classified under said chapter thirty-one. 

Section 2. This act shall take full effect upon its ac- 
ceptance, in the current year, by vote of the city council 
of said city. Approved February 9, 1954- 

An Act relative to the regulation of street traffic Pfidj) 97 
in the city of boston. 

Be it enacted, etc., as follows: 

The authority vested by chapter four hundred and forty- 
seven of the acts of nineteen hundred and eight in the street 
commissioners of the city of Boston which has not heretofore 
become vested in the Boston traffic commission is hereby 
transferred to the Boston traffic commission. 

Approved February 9, 1954. 

An Act prohibiting the employment of children under (jhnj. gc 
sixteen years of age on moving motor vehicles. ^' 

Be it enacted, etc., as follows: 

Section 61 of chapter 149 of the General Laws, as amended, g^l. ^(j^er. 
is hereby further amended by inserting after the word §'61,' etc.,' 
"room" in fine 24, as appearing in the Tercentenary Edition, amended. 
the words : — ; or in any capacity on moving motor vehicles. 

Approved February 9, 1954- 



56 Acts, 1954. — Chaps. 99, 100. 



Chap. 99 An Act rrgui^\ting the taking of trout in coastal 

WATERH. 

pr'^mbie"^ ^Vlicreas, The deferred operation of this act would tend to 

defeat its purpose which is for the immediate protection and 
conservation of trout resources in our coastal waters, therefore 
this act is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows : 

Ed^'iJr Chapter 131 of the General Laws is hereby amended 

new'§ 45A. by inserting after section 45 the following section: — Section 
Taidngof 4-5 A. Brook, brown and rainbow trout may be taken in 
trout in ^ coastal waters of the commonwealth by angling only, subject 
reguiat^" '^'*' to the rules and regulations promulgated under section forty- 
five for taking such trout in rivers and streams. 

Approved February 10, 1954. 

Chap.lOO An Act increasing the amount that imay be expended 

FOR the erection AND EQUIPMENT OF AN ADDITION TO 
the COUNTY COURT HOUSE IN THE COUNTY OF DUKES 
COUNTY, AND CERTAIN INCIDENTAL EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 88 of the acts of 1953 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . The county 
commissioners of the county of Dukes county are hereby 
authorized to raise and expend a sum not exceeding two 
hundred and twenty-five thousand dollars for the erection 
on land now owned by said county of an addition to said 
county court building, including plans and specifications, 
architect's fees and expenses, repairs and alterations, located 
in said county and the equipping and furnishing thereof. 

Section 2. Said chapter 88 is hereby further amended 
by striking out section 3 and inserting in place thereof the 
following section: — Section 3. To provide funds for the 
erection and original equipping and furnisliing of the ad- 
dition mentioned in section one of this act including plans 
and specifications, architect's fees and expenses, repairs and 
alterations, the treasurer of the county 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 two hundred and fifteen 
thousand dollars as may be necessary and may issue bonds 
or notes therefor which shall bear on their face the words, 
County of 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 install- 
ments, 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 



Acts, 1954. — Chaps. 101, 102. 57 

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 commissioners may deem proper but not for 
less than their par value. Approved February 10, 1954. 



An Act further extending the privilege of absent QIku) IQI 

VOTING. ' ^' 

Be it enacted, etc., as follows: 

Chapter 54 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 86, as most recently amended by section f ge'e^tt" 
1 of chapter 153 of the acts of 1951, and inserting in place amended.' 
thereof the following section : — Section 86. Any voter Privilege of 
who during the hours that the polling places are open on the furthlVex-'"^' 
day of the biennial state election is absent from the city tended. 
or town where he is a voter by reason of his employment in 
another community or for any other reason or who will be 
unable by reason of physical disability to cast his vote in 
person at the poUing place, and whose application for an 
official absent voting ballot has been filed with the city or 
town clerk as provided in section eighty-nine, or with the 
state secretary, and certified under section ninety-one, may 
vote in accordance with sections eighty-seven to one hundred 
and three, inclusive; provided, that a voter who is in a 
penal institution under sentence shall not be entitled or 
permitted to avail himself of the provisions of this and the 
seventeen following sections; and provided, further, that 
a voter who will be unable by reason of physical disability to 
cast his vote in person at the polling place shall file with the 
city or town clerk with his application for an official absent 
voting ballot a certificate executed by a registered physician, 
attending registered nurse, superintendent of a hospital or 
like institution or a practitioner of the Christian Science 
Church, stating that the voter will be unable by reason of 
physical disability to cast his vote in person at the polHng 
place on the day of election. 

Approved February 10, 195 4. 

An Act relative to the counting of absentee ballots (7/jflr> 102 
IN cities and towns where voting machines are ^' 

USED. 

Be it enacted, etc., as follows: 

Chapter 54 of the General Laws is hereby amended by o. l. (Xer. 
striking out section 94, as amended by section 1 of chapter fgi.'e^., 
39 of the acts of 1952, and inserting in place thereof the amended. 
following section: — Section 94- Upon receipt of an en- Counting of 
velope purporting to contain an official absent voting ballot, baiiotsTn 
the clerk of the city or town shall attach thereto the applica- certain citieu 



58 



Acts, 1954. — Chap. 103. 



and towns, 
regulated. 



Powers and 
duties of 
registrars 
of voters. 



tion for an official ballot executed by the voter whose name 
appears thereon and certified by the registrars of voters. 
All such envelopes shall be preserved unopened. Upon 
election day within one hour after the hour for the closing 
of the polls the said clerk shall, except in cities and towns 
where voting machines are used exclusively, deliver all 
envelopes received by him to the election officers in the 
several voting precincts where the voters named therein 
assert the right to vote, and in cities and towns where 
voting machines are used exclusively the clerk shall deliver 
all such envelopes to the office of the registrars of voters. 
Within one hour after the closing of the polls in cities and 
towns where voting machines are so used the warden or his 
deputy in each polling place shall, notwithstanding the 
provisions of section ninety-five, if any person or persons 
whose name as appearing on the voting list of those having 
the right to vote thereat bears after it the letters A.V., as 
provided in section ninety-one, has voted in person at said 
polhng place, forward to the registrar a certificate bearing 
the name of such person or persons and the statement that 
such person has voted in person, or if no such person has 
voted in person, a statement that no person authorized to 
vote by absentee ballot has voted in person. Upon receipt 
of such certificate from all polhng places in the city or town, 
the registrars shall publicly at a designated place proceed to 
open all envelopes received from the clerk and to count the 
same in the manner provided by sections ninety-five and one 
hundred and five, crediting each such ballot to the appropri- 
ate precinct or polling place, and totalling the same. For 
the purposes of counting such ballots the board of registrars 
shall have the powers and duties of election officers and the 
chairman of the board shall be the presiding officer, the 
provisions of section twenty-five of chapter fifty-one to the 
contrary notwithstanding. Approved February 10, 195 4. 



ChaV.lOS ^^ ^^'^ ELIMINATING THE RESTRICTIONS ON THE AMOUNT 
OF THE TOTAL DEATH BENEFITS PAYABLE BY FRATERNAL 
BENEFIT SOCIETIES ON THE LIVES OF CERTAIN CHILDREN. 



G. L. (Ter. 
Ed.), 176, 
§ 23, etc., 
amended. 

Certain death 
benefits 
payable by 
fraternal ben- 
efit societies, 
regulated. 



Be it enacted, etc., as follows: 

Chapter 176 of the General Laws is hereby amended by 
striking out section 23, as most recently amended by chapter 
132 of the acts of 1951, and inserting in place thereof the 
following section : — Section 2S. Any society operating on 
the lodge system may provide in its constitution and by- 
laws, in addition to other benefits provided for therein, for 
the payment of death, endowment or annuity benefits upon 
the fives of children less than eighteen years of age, and 
may loan upon the security of the value of certificates of such 
benefits a sura not exceeding the legal reserve which it is 
required to maintain thereon. Any such society may at its 
option organize and operate branches for such children, and 



Acts, 1954. — Chaps. 104, 105. 59 

membership in local lodges and initiation therein shall not 
be required of such children, nor shall they have any voice 
in the management of the society. 

Approved February 10, 1954. 

An Act relative to the appointment of forest wardens. Qfidr) 104 

Be it enacted, etc., as follows: 

Chapter 48 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 8, as amended by section 10 of chapter ?g-^^4^' 
490 of the acts of 1941, and inserting in place thereof the amended. 
following section: — Section 8. The mayor in cities, subject Appointment 
to charter provisions, and, except as provided in section warden, 
forty-three, the selectmen in towns, shall annually, in June, '"^^suiated. 
appoint a forest warden, and forthwith give notice thereof 
to the director of forests and parks in the department of 
natural resources, in this chapter called the forester. The 
same person may hold the offices of tree warden, selectman, 
chief of the fire department and forest warden. The forest 
warden so appointed shall hold office for one year and until 
his successor is appointed and qualified. Upon the failure of 
the mayor of a city or the selectmen of a town to make such 
appointment in the month of June or within thirty days after 
the office becomes vacant through any cause, the forester 
shall notify the mayor or selectmen so to do, and if the 
mayor or selectmen fail to comply within fourteen days 
after receipt of such notice, the forester may appoint as 
forest warden in such city or town a suitable person, who 
shall be a resident thereof. Approved February 10, 1964. 

An Act relative to the transfer of custody of certain /^/.^^ i nc 

LAND BY CITIES AND TOWNS. ^ flap. WO 

Be it enacted, etc., as follows: 

Chapter 40 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 15A, inserted by section 4 of chapter 798 f 'JsVetc 
of the acts of 1951, and inserting in place thereof the following amended. ' 
section: — Section 15 A. \7henever a board or officer hav- Transfer of 
ing charge of land, including land acquired for playground certahi^knd 
purposes pursuant to the provisions of section fourteen of by cities 
chapter forty-five, but excluding land acquired for park Kg^&ZT.' 
purposes, constituting the whole or any part of an estate held 
by a city or town within its limits for a specific purpose shall 
determine that such land is no longer needed for such purpose, 
whether such land was acquired before or after the effective 
date of this section and whether acquired by eminent domain, 
purchase, gift, devise or otherwise, such board or officer shall 
forthwith give notice of such determination to the city council 
of the city or the board of selectmen of the town. At any 
time after the receipt of such notice, the city council of the 
city by a two thirds vote of all its members, in the case of 
a city having a city manager, with the approval of said city 



60 



Acts, 1954. — Chaps. 106, 107, 108. 



manager, and in the case of other cities, with the approval 
of the mayor, or the town by a two thirds vote at a regular 
or special town meeting, may transfer the care, custody, 
management and control of such land to the same or another 
board or officer of the city or town for another specific 
municipal purpose, any provision of general or special law to 
the contrary notwithstanding; provided, that no such 
transfer shall be valid if it is in violation of any term or 
condition of the title of the city or town to such land. 

Approved February 10, 1954- 



Chap.lOQ ^^ -^^"^ AUTHORIZING CITIES AND TOWNS TO BORROW MONEY 
TO DEFRAY EXPENSES OF ERADICATION OF DUTCH ELM 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 44, § 8, 
amended. 
Eradication of 
Dutch elm 
disease. 



DISEASE. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose which is to grant authority forthwith to 
cities and towns to borrow money to finance a program of 
eradication of Dutch elm disease, 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: 

Section 8 of chapter 44 of the General Laws is hereby 
amended by inserting after clause (13) the following clause: — 

(14) For the financing of a program of eradication of 
Dutch elm disease, including all disbursements on account of 
which reimbursement is authorized or may be authorized by 
the commonwealth, county, any city or town, or by any 
manner of assessment or charges, pursuant to and consistent 
with the provisions of chapter one hundred and thirty-two, 
five years. Approved February 16, 1954. 



Chap. 107 An Act relative to the commencement of actions 

ARISING OUT OF CERTAIN MOTOR VEHICLE ACCIDENTS. 



G. L. (Ter. 
Ed.), 260, 
§ 4P, etc., 
amended. 



Be it enacted, etc., as follows: 

Section 4B of chapter 260 of the General Laws, inserted by 
chapter 531 of the acts of 1949, is hereby amended by striking 
out, in line 8, the words "ninety days" and inserting in place 
thereof the words : — six months. 

Approved February 15, 1954- 



Chap. lOS An Act pertaining to the limitations on holdings in 

CO-OPERATIVE BANKS. 



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



Holdings in 
co-operative 
banks, limited 



Be it enacted, etc., as follows: 

Section 16 of chapter 170 of the General Laws, as appear- 
ing in section 1 of chapter 371 of the acts of 1950, is hereby 
amended by striking out the first two paragraphs and in- 
serting in place thereof the following two paragraphs: — 

Except as otherwise provided in this chapter and in other 
applicable provisions of law, no person individually shall 
hold in any one such corporation, at the same time, more than 



Acts, 1954. — Chap. 109. 61 

forty serial shares and more than a combined total of forty 
paid-up and savings shares; and no two or more persons, as 
provided in section fifteen, shall hold more than eighty serial 
shares and more than a comV)ined total of eighty paid-up and 
savings shares, and each person so holding shares with one 
or more other persons also may hold shares individually, but 
the total amount of shares in such corporation held at the 
same time by such person both individually and with one or 
more other persons, shall not exceed eighty serial shares and 
the combmed total of eight}'' paid-up and savings shares. 
Said limitations upon individual holdings shall apply to 
shares held by more than one fiduciary in the same estate 
and to shares held for each estate where the same person is 
a fiduciary in two or more distinct estates. 

The foregoing limitations upon holdings of two or more Limitations 
persons shall apply to shares held by the commonwealth "Ifc'^bfe'^to 
or any political subdivision thereof, a banking institution, certain 
religious, charitable, medical service or cemetery organization pe?3on9?e°c""' 
or corporation, labor union, credit union, or fraternal benefit 
society, or with respect to any one estate or proceeding in 
the name of a judge of probate or by order or approval of 
court, or on account of any fund held by any fiduciary subject 
to the supervision of any court, or on account of any fund 
held m custody or trust under the jurisdiction of the com- 
monwealth or any poUtical subdivision thereof, or by any 
public or private retirement or pension system, association, 
corporation or trust. Approved February 16, 1954- 



An Act pertaining to contributions to the co-operative Qjinr) 1 09 
BANKS employees RETIREMENT ASSOCIATION FUND BY ' ' 

PARTICIPATING BANKS. 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section 51 of chapter g. l. (Ter. 
170 of the General Laws, as appearing in section 1 of chapter fsi'J/o^,' 
371 of the acts of 1950, is hereby amended by striking out amended.' 
the second sentence and inserting in place thereof the follow- 
ing sentence : — A participating bank may contribute to the certain 
funds of the association to the extent determined by its to°co"opera-^ 
board of directors, but its contributions for future service, as tive banks 
defined in the by-laws, on account of any employee shall not retirement 
exceed such employee's contributions or five per cent of his f^^°,T*l°?, 

1 • 1 • 1 1 1 !• • 1 funds, regu- 

salary or wages, whichever is less, and an additional amount lated. 
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 51 of S^^■1^Jn'■ 

• 1 1 1 i-r/A ^ ° . '^ . , , 111 l^d.;, 170, 

said chapter 170, as so appeanng, is hereby amended by § si, etc., 
striking out the last sentence and inserting in place thereof Amended. 
the following sentence : — No annuity or pension provided Amount of 
by contributions from a participating bank for the benefit nuui^eso"' 
of any employee on account of past and future service shall {1^^^°^ *■ 



62 



Acts, 1954. — Chaps. 110, 111. 



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 February 16, 1954- 



Chap. 110 -A-N Act regulating the employment or appearance of 

CHILDREN IN THEATRICAL OR OTHER PUBLIC EXHIBITIONS. 



G. L. (Ter. 
Ed.). 149, 
§ 104, etc., 
amended. 

Employment 
or appearance 
of children in 
theaters, etc., 
regulated. 



Penalty. 



Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by 
striking out section 104, as most recently amended by section 
2 of chapter 193 of the acts of 1939, and inserting in place 
thereof the following section: — Section IO4. No person 
shall employ a child under fifteen years of age, or permit 
him to appear as a participant in a theater, circus or any 
other public exhibition as a singer, dancer, acrobat, actor or 
in any other entertainment capacity; but this section shall 
not prevent the education of children in vocal and instru- 
mental music or dancing or their participation in any ex- 
hibition of dancing conducted as a part of its graduation 
exercises by a school furnishing them instruction in dancing, 
or their participation in a church, chapel, school or school 
exhibition, or prevent their taking part in any festival, concert 
or other non-commercial exhibition upon the special written 
permission of the local licensing authority; nor shall it 
prevent children under fifteen from taking part on the stage 
for a limited period in a play or musical comedy in a theater 
wherein not more than two performances are given in any 
one day and not more than eight performances are given in 
any one week if the commissioner, after being satisfied that 
the supervision of such children is adequate, that their living 
conditions are healthful and that their education is not 
neglected, gives his written permission to such taking part. 
Whoever violates this section shall be punished by a fine of 
not more than two hundred dollars or by imprisonment for 
not more than six months. Approved February 16, 1954. 



Chap. Ill An Act relative to the investments of domestic life 
insurance companies in massachusetts voluntary 
associations and trusts. 

Be it enacted, etc., as follows: 

Section 1. Section 63 of chapter 175 of the General 



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



Investments of 
domestic life 
insurance 
companies. 



Laws is hereby amended by striking out paragraph 14A, in- 
serted by section 8 of chapter 266 of the acts of 1947, and 
inserting in place thereof the following paragraph: — 

14A. In the bonds, notes or other evidences of indebted- 
ness of companies incorporated under the laws of the United 
States, or any state thereof, or of the Dominion of Canada 
or any province thereof or of associations or trusts as defined 
in section one of chapter one hundred and eighty-two, the 
average net earnings of the issuing company or such associa- 



Acts, 1954. — Chap. HI. 63 

tion or trust, as the case may be, during the seven fiscal 
years next preceding the date of investment having been 
not less than four times the fixed charges, provided, how- 
ever, that no more than one half of the capital of any domestic 
company, other than life, and not more than one half of the 
reserve of any domestic stock or mutual life company may 
be invested under this paragraph. "Net earnings", as used 
in this paragraph, shall mean net income after deducting 
operating and maintenance expenses, taxes other than 
federal, state, dominion and provincial income taxes, depreci- 
ation and depletion, but excluding extraordinary non-recur- 
ring items of income or expense appearing in the regular 
financial statements of the issuing company or such associa- 
tion or trust, as the case may be. "Fixed charges", as used 
in this paragraph, shall include interest on all debt and 
annual apportionment of debt discount or premium. 

Section 2. Section 66 of chapter 175 of the General Ed^iTs"' 
Laws, as amended by chapter 650 of the acts of 1947, is §66,' etc..' 
hereby further amended by striking out the second para- ^™'=°^'^'^- 
graph and inserting in place thereof the following two 
paragraphs: — 

Nothing in this section or in section sixty-three shall Same subject. 
prevent such a life company from investing or loaning any 
funds, not required to be invested as provided in section 
sixty- three, in any manner that the directors may determine; 
provided, that no loan of such funds shall be made to an in- 
dividual or firm unless it is secured by collateral security and 
provided further, that such funds shall not be invested in 
the purchase of stock or evidence of indebtedness prohibited 
by the preceding paragraph, except as hereinafter provided. 
Any such life company may invest such funds in the capital 
stock of a trust company incorporated in and doing business 
in the commonwealth or of a national banking association 
incorporated under federal law and located in any one of 
the New England states, if such trust company or association 
has paid dividends in cash of not less than four per cent on its 
capital stock in each of the five years next preceding the date 
of the investment and if the amount of surplus of such trust 
company or association is at least equal to fifty per cent of 
the amount of its capital stock; but no such life company 
shall invest in the aggregate an amount in excess of two and 
one half per cent of its reserve in the purchase of stock of such 
trust companies and national banking associations, nor shall 
it invest an amount in excess of two per cent of its reserve 
in the purchase of the stock of any one such trust company 
or association, except that if two or more such trust com- 
panies or associations merge or consolidate or one or more 
such trust companies is merged or consolidated with one or 
more such associations, such a life company may acquire 
stock of the absorbing or consolidating trust company or 
national banking association to an amount in excess of two 
per cent but not in excess of two and one half per cent of 
the reserve of such hfe company, if such stock is received in 



64 Acts, 1954. — Chap. 112. 

exchange for stock of the consolidating or merging com- 
panies or associations owned by the life company at the 
time of the merger or consolidation. 

Nothing in this section or in section sixty-three shall 
prevent such a life company from investing or loaning any 
funds, not required to be invested as provided in section 
sixty-three, in the transferable certificates of participation 
or shares, bonds, notes or other evidences of indebtedness, 
whether or not secured by collateral, of an association or 
trust as defined in section one of chapter one hundred and 
eighty-two; provided, that it shall not invest in, acquire or 
hold directly or indirectly more than ten per cent of the 
certificates of participation or shares of any such association 
or trust and that no more than ten per cent of its capital and 
surplus may be invested in the transferable certificates of 
participation or shares of any one such association or trust. 

Approved February 16, 1954. 

Chap. 112 An Act relative to the cherry valley and rochdale 

WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 381 of the acts of 1910 is hereby 
amended by striking out section 2, as amended by chapter 
198 of the acts of 1947, and inserting in place thereof the 
following section : — Section 2. For the purposes aforesaid 
the said water district acting by and through its board of 
water commissioners hereinafter provided for, may contract 
with any municipality acting through its water department, 
or with any water company, or with any water district, for 
whatever water it may require, authority to furnish same 
being hereby granted ; and may take or acquire by purchase, 
or otherwise the waters of Henshaw pond, so called, situated 
in Leicester, and also lands, easements, water and water 
rights connected with such lands and any springs and streams 
percolating or running through the same situated in the 
town of Leicester lying adjacent to said Henshaw pond. 

Section 2. Said chapter 381 is hereby further amended 
by striking out section 7 and inserting in place thereof the 
following section: — Section 7. Said water district may 
make such contracts with individuals, corporations, other 
water districts, water companies, and the town of Leicester 
for supplying water as may be agreed upon, and may extend 
its pipes for that purpose, subject to the direction of the 
selectmen of the to\vn of Leicester, through the highways of 
said town lying outside the corporate limits of said water 
district; may extend its pipes into the towm of Oxford for 
a distance not exceeding nine thousand feet from the bound- 
ary line between the towns of Leicester and Oxford, subject 
to the direction of the selectmen of the town of Oxford; may 
extend its pipes into the town of Charlton for a distance not 
exceeding six thousand feet from the westerly boundary 
hne of the town of Charlton, subject to the direction of the 



Acts, 1954. — Chap. 113. 65 

selectmen of the town of Charlton; and may extend its 
pipes into the town of Auburn for a distance not exceeding 
six thousand feet from the boundary line between the towns 
of Leicester and Auburn, subject to the direction of the 
selectmen of the town of Auburn. 

Approved February 15, 1954. 

An Act relative to the appropriation for the ad- Chap. HZ 

MINISTRATION OF THE DEPARTMENT OF MENTAL HEALTH. 

Be it enacted, etc., as follows: 

Item 1701-02 of section 2 of chapter 489 of the acts of 
1953 is hereby amended by striking out, in lines 3 and 4, the 
words ", medical examinations and boarding out" and 
inserting in place thereof the words : — and medical ex- 
aminations, — so that the wording of said item will read as 
follows: — 

Item 

1701-02 For administration, including not more than 
one hundred and two permanent positions, 
and including transportation and medical 
examinations of patients and certain feeble- 
minded persons; provided, that the posi- 
tion of supervisor of laundry service shall 
not be subject to the civil service laws and 
rules. 

Approved February 15, 1954- 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, February 18, 1954. 

Honorable Edwakd J. Cronin, Secretary of the Commonwealth ^ 
State House, Boston, Massachusetts. 

Sir: — I, Christian A. Herter, by virtue of and in ac- 
cordance with the provisions of the Forty-eighth Amendment 
to the Constitution, "The Referendum II, Emergency 
Measure", do declare that in my opinion, the immediate 
preservation of the public convenience requires that the 
law passed on the fifteenth day of February in the year one 
thousand nine hundred and fifty-four, being Chapter 113 of 
the Acts of 1954 entitled, "An Act Relative to the Appropri- 
ation for the Administration of the Department of Mental 
Health", should take effect forthwith and that it is an 
emergency law, and that facts constituting the emergency 
are as follows: 

The delayed operation of this legislation would make it 
impossible to have funds now allocated to the individual 
mental hospitals available for payment of board for persons 
boarded out by the hospitals. Therefore, it is necessary that 
the legislation referred to above should take effect forthwith. 
Very truly yours. 

Christian A. Herter, 
Governor of the Commonwealth. 



66 Acts, 1954. — Chaps. 114, 115. 

Office of the Secretary, Boston, February 18, 1954. 

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 eleven o'clock and 
fifteen minutes, A.M., on the above date, and in accordance 
with Article Forty-eight of the Amendments to the Con- 
stitution said chapter takes effect forthwith, being chapter 
one hundred and thirteen of the acts of nineteen hundred and 
fifty-four. 

Leo M. Harlow, 

Deputy Secretary of the Commonwealth. 

Chap. 114 An Act relative to the filing of certificates of nomi- 
nation AND NOMINATION PAPERS FOR CITY OFFICES. 

Be it enacted, etc., as follows: 

EJ^JJ"- The second paragraph of section 10 of chapter 53 of the 

§ ib.'etcj, General Laws, as most recently amended by section 3 of 
amen ec . chapter 229 of the acts of 1943, is hereby further amended by 
striking out the first two sentences and inserting in place 
of cfti IfomV thereof the following sentence : — In any city, except as 
nation papers, othcrwlse providcd in any special law affecting such city, 
certificates of nomination and nomination papers for city 
offices shall be filed on or before the twenty-first day preced- 
ing the day of the election; provided, however, that, in any 
city, except Boston, which accepts section one hundred and 
three A of chapter fifty-four, certificates of nomination and 
nomination papers for any regular city election shall be 
filed on or before the twenty-eighth day preceding such 
city election. Approved February 15, 195 Jf. 

Chap. 115 An Act authorizing the town of falmouth to transfer 

A PORTION OF LAND NOW HELD FOR PARK PURPOSES IN 
exchange for certain LAND BORDERING ON LONG POND 
IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Falmouth is hereby authorized, 
through its board of selectmen, to transfer and convey to 
F. V. Lawrence, Inc., a certain portion of Good Will park, 
now held for park purposes, hereafter designated as parcel A, 
in consideration of the transfer and conveyance by said 
F. V. Lawrence, Inc. to said town of a certain parcel of land 
bordering on Long pond, hereafter designated as parcel B, 
both of said parcels being the same as shown on a plan 
prepared by Charles A. White, C.E., and respectively 
bounded and described as follows: — 

Parcel A. Bounded northwesterly by land of the town of 
Falmouth, five hundred ten feet; northeasterly by land of 
the said town of Falmouth, one thousand seventy feet; south- 
easterly by Gifford street, one hundred forty feet; southerly 



Acts, 1954. — Chap. 116. 67 

by land of F. V. Lawrence, Inc., four hundred fifty-seven and 
forty-nine hundredths feet; southwesterly by land of said 
F. V. Lawrence, Inc., and land of Grant Lunn et ux, nine 
hundred seventy-six and ninety-five hundredths feet. Con- 
taining nine and one tenth acres. 

Parcel B. Bounded northeasterly by land of the Trustees 
of Public Reservations, four hundred ninety-five and three 
hundredths feet; easterly by land of Sidney W. Lawrence, 
nine hundred seventy-five feet more or less; southwesterly 
by land of the town of Falmouth, five hundred seventy-three 
and eight hundredths feet; westerly by Long pond. Con- 
taining ten acres. 

Section 2. The action of said town of Falmouth taken 
at the annual town meeting held on February fourteenth, 
nineteen hundred and fifty-one, in voting to authorize the 
exchange of said parcels of land, as contained in article sixty 
of the warrant for said meeting, is hereby validated and 
confirmed and shall have the same effect as if this act had 
been in force at the time of said meeting, and the subsequent 
approval of the board of park commissioners is hereby 
validated and confirmed. 

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

Approved February 15, 195Jf.. 

An Act authorizing housing authorities to dispose of nhnrt 116 

CERTAIN project-owned GAS, ELECTRIC OR HEATING ^' 

DISTRIBUTION SYSTEMS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to allow housing authorities to preamble. 
dispose of certain equipment forthwith, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 26NN of chapter 121 of the General Laws is q. l. (Ter. 
hereby amended by adding after subdivision (f), inserted by f^g^fsj^^etc 
chapter 508 of the acts of 1953, the following subdivision: — amended. ' 

(g) Whenever a housing authority shall determine that Disposal of 
any gas, electric or heating distribution system which has equUment 
been built or acquired for the purposes of this section is no ^^^h""?"^ 
longer required for such purposes, it may, upon approval by authCrlzed! 
the state housing board, sell or otherwise dispose of such 
gas, electric or heating distribution system, or any part 
thereof, by deed or instrument approved as to form by the 
attorney general. Funds received from a sale of a gas, 
electric or heating distribution system or any part thereof, 
as herein provided, shall be paid into the Housing Authority 
Bonds Sinking Fund as provided in this section. 

Approved February 16, 1954. 



68 Acts, 1954. — Chaps. 117, 118, 119. 



Chap. 117 An Act relative to the use of certain land in the 

CITY OF LAWRENCE BY THE UNITED STATES OF AMERICA. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 569 of the acts of 1946 
is hereby amended by striking out the third paragraph and 
inserting in place thereof the following paragraph: — 

The above described parcel of land may be conveyed by 
said city of Lawrence to the United States of America to 
have and to hold so long as the premises shall be used for 
governmental purposes, but, subject to an easement provid- 
ing that said city and the town of Andover may continue to 
maintain through the premises so conveyed an existing 
outfall sewer owned jointly by said city and said town, and 
may retain for themselves a right of entry into said premises 
for the purposes of maintaining and repairing said sewer, and 
subject to the conditions that if the United States of America 
shall at any time discontinue the use of the premises for 
governmental purposes as set forth herein, the aforesaid 
parcel of land shall revert to the city of Lawrence. 

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

Approved February 16, 1954. 

Chap.118 An Act relative to the eradication of poison ivy. 

p™ambie7 Whereas, The deferred operation of this act would tend to 

defeat its purpose, which is to make its provisions relative to 
the eradication of poison ivy effective immediately, there- 
fore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public health. 

Be it enacted, etc., as follows: 

Edo,i32.'" Section 26 of chapter 132 of the General Laws, as most 

§26,' etc.,' recently amended by section 20 of chapter 660 of the acts of 
amen e . 1948, is hereby further amended by adding at the end the 
pofsonl^" °^ following sentence: — Poison ivy growing within one hundred 
feet of any pubhc way shall be considered a public nuisance 
on private lands within the meaning of this section. 

Approved February 16, 1954- 



Chap. 119 An Act abolishing the functions formerly exercised 

BY THE BOARD OF SURVEY IN THE CITY OF BOSTON AND 
REPEALING CERTAIN LIMITATIONS ON THE CONSTRUCTION 
OF PUBLIC WAYS AND OTHER PUBLIC IMPROVEMENTS IN 
SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The powers conferred, and the duties im- 
posed, on the city planning board of the city of Boston by 
chapter four hundred and fourteen of the acts of nineteen 
hundred and fifty-three are hereby abolished. 

Section 2. Section 1 of chapter 210 of the acts of 1898 
is hereby repealed. 



Acts, 1954. — Chaps. 120, 121. 69 

Section 3. Section 10 of chapter 393 of the acts of 1906, 
as amended by section 1 of chapter 117 of the acts of 1947, is 
hereby further amended by striking out the last sentence. 

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

Approved February 16, 1954. 

An Act to define in part the boundary line between QJiQ/n ^20 

THE TOWNS OF LEXINGTON AND WINCHESTER. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter 
be the boundary hne in part between the towns of Lexington 
and Winchester. Beginning at a stone monument in the 
boundary line of said towns as heretofore established, which 
monument is situated at latitude forty-two degrees, twenty- 
six minutes, thirty-seven and three-tenths seconds, longitude 
seventy-one degrees, ten minutes, fifty-nine seconds, and is 
known in said town of Lexington as number LW-three and 
in said town of Winchester as corner number five, thence 
running north forty-five degrees, one minute west about 
eighteen hundred and seventy-two feet to a monument in 
the boundary line of said towns as heretofore estabhshed, 
which latter monument is situated at latitude forty-two 
degrees, twenty-six minutes, fifty and thirty-seven one- 
hundredths seconds, longitude seventy-one degrees, eleven 
minutes, sixteen and sixty-six one-hundredths seconds, and 
is known in said town of Lexington as number LW-one and 
in said town of Winchester as corner number six. 

Section 2. This act shall take eft^ect upon its passage. 

Approved February 16, 1954. 



Chap.l2\ 



An Act relative to the investment of funds of the 
credit union employees retirement association. 

Be it enacted, etc., as follows: 

Section 1. Section 31 of chapter 171 of the General Ej^-^yf- 
Laws, inserted by section 1 of chapter 509 of the acts of §31,' etc.,' 
1948, is hereby amended by striking out the fifth paragraph ^™^°^^'^- 
and inserting in place thereof the following paragraph: — ■ 

The funds contributed by participating credit unions and investment of 
member employees shall be held or used by the trustees of of the^credit 
the association for the purchase of annuities or payment of Employees 
pensions to eligible employees upon their retirement from Retirement 

e ±1 jii r' • • ii- Association. 

service, tor the payments to beneficiaries or representatives 
of any member employee of the participating credit union 
dying before reaching the age of retirement, and for the 
payment to any such employee retiring from service before 
becoming entitled to a pension or annuity; or such funds 
may be invested with the CUNA retirement savings fund 
for any or all of the aforementioned purposes. Expenses 
necessary for the administration of the association shall be 
paid by participating credit unions, on a proportionate 
basis as provided in the by-laws. 



70 



Acts, 1954. — Chap. 122. 



G. L. (Ter. 
Ed.), 171, 
§ 31, etc., 
further 
amended. 



Participating 
members of 
CUNA. 



Section 2. Said section 31 of said chapter 171, as so 
inserted, is hereby further amended by adding at the end 
the following paragraph : — 

Any credit union, by the affirmative vote of two thirds of 
its members present and voting at the annual meeting of 
the corporation or at a special meeting of the corporation 
called for such purpose, may affiliate itself directly wdth and 
become a participating member of the CUNA retirement 
savings fund, and may contribute to such fund for the 
purpose of providing pensions or other benefits to the eli- 
gible employees of such participating credit union to the 
extent determined by its directors, but its contribution for 
future service on account of any employee shall not exceed 
such employee's contributions or five per cent of his wages 
or salary, whichever is less. A participating credit union 
may also contribute for past service of participating em- 
ployees, but such contribution shall not be made for more 
than ten years of such past ser\dce and shall not exceed five 
per cent of the total wages and salaries paid to such em- 
ployees during such past service period. 

Approved February 16, 1954. 



Chap. 122 An Act further regulating personal loans by credit 

UNIONS. 

Be it enacted, etc., as follows: 

Section 1. Subdivision (A) of section 24 of chapter 171 
of the General Laws is hereby amended by striking out 
paragraph 1, as appearing in chapter 117 of the acts of 1951, 
and inserting in place thereof the following paragraph: — 

1. To an amount of one hundred dollars or one per cent 
of the assets, whichever is greater, not exceeding three 
hundred dollars, if evidenced by the unendorsed and un- 
secured note of the borrower. 

Section 2. Said subdivision (A) of said section 24 of 
said chapter 171 is hereby further amended by striking out 
paragraph 2, as so appearing, and inserting in place thereof 
the following paragraph: — • 

2. To an amount of three hundred dollars or two per 
cent of the assets, whichever is greater, not exceeding five 
hundred dollars, if evidenced by the note of the borrower 
with one or more responsible endorsers or co-makers thereon, 
or with satisfactory collateral pledged to secure the same. 

Section 3. Said subdivision (A) of said section 24 of 
said chapter 171 is hereby further amended by striking out 
the paragraph amended by section 2 of chapter 159 of the 
acts of 1953, and inserting in place thereof the following 
paragraph: — 

Notwithstanding the hmitations set forth in paragraph 
four of this section, a credit union having assets of one 
hundred thousand dollars or more may make loans in amounts 
not exceeding twenty-five hundred dollars if evidenced by 



G. L. (Ter. 
Ed.), 171, 
§ 24, etc., 
amended. 



Loans by 
credit unions. 



G. L. (Ter. 
Ed.), 171, 
§ 24, etc., 
further 
amended. 



Same subject. 



G. L. (Ter. 
Ed.), 171, 
§ 24, etc., 
further 
amended. 



Same subject. 



Acts, 1954. — Chap. 123. 71 

the note of the borrower fully secured by a pledge of satis- 
factory collateral valued at not more than eighty per cent of 
its market value. Approved February 16, 1954. 

An Act providing for a unicameral city council in Chap. 123 

THE city of NORTHAMPTON. 

Be it enacted, etc., as follows: 

Section 1. Sections seven and eight and the last sentence 
of section nine of chapter two hundred and fifty of the acts 
of eighteen hundred and eighty-three are hereby repealed. 

Section 2. Said chapter 250 of the acts of 1883 is 
hereby further amended by striking out section 2 and in- 
serting in place thereof the following section : — Section 2. 
The administration of all the fiscal, prudential, and municipal 
affairs of the said city, with the government thereof, shall be 
vested in an officer to be called the mayor, and a council of 
nine members to be called the city council, who shall be 
sworn to the faithful performance of their duties. A ma- 
jority of the city council shall constitute a quorum for the 
transaction of business. The mayor and each member of 
the city council shall receive for his services such salary as 
the city council shall by ordinance determine, and shall 
receive no other compensation from the city. One member 
of the city council shall be elected by and from the qualified 
voters of each ward, and shall, at the time of election, be 
a resident of the ward in which elected. Two members of 
the city council shall be elected by and from the quafified 
voters of the city, voting in their respective wards, and 
shall be known as councillors-at-large. The members of 
the city council shall hold office for the term of two years 
from the first Monday in January next following their elec- 
tion, and until a majority of the succeeding council is chosen 
and qualified. After being sworn to the faithful performance 
of their duties, the members of the city council shall be 
organized by electing from among their own number a 
president, who shall preside at all meetings of the city council 
in the absence of the mayor, and shall act as mayor in case of 
a vacancy in the office of mayor or of his inability to act 
until the inability ceases or the vacancy is filled. If a 
vacancy occurs through the death, resignation, or removal 
from the city of a member of the city council, the city 
council shall forthwith order an election to fill such vacancy, 
unless less than six months remains of the term for which 
such member has been elected. The city clerk shall serve 
as clerk of the city council and shall receive no extra com- 
pensation therefor. 

Section 3. The city council elected in accordance with 
section two of said chapter two hundred and fifty of the acts 
of eighteen hundred and eighty-three, as amended by section 
two of this act, and their successors, shall thereafter be vested 
with all the privileges, powers and rights and be subject to 
all the duties and obligations conferred or imposed by law 



72 Acts, 1954. — Chap. 124. 

upon the common council and board of aldermen, acting 
separately or together, as existing prior to the effective 
date of this act. 

Section 4. Upon petition of ten per cent of the registered 
voters of the city of Northampton certified by the registrars 
of voters and filed with the city clerk not later than sixty 
days prior to the municipal election in the year nineteen 
hundred and fifty-five, this act shall be submitted to the 
registered voters of said city at the regular municipal election 
in the year nineteen hundred and fifty-five, m the form of 
the following question, which shall be placed upon the 
oflScial 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-four, entitled, 'An Act providing for a 
unicameral city council in the city of Northampton', be 
accepted?" If a majority of the voters voting thereon vote 
in the affirmative in answer to said question, then this act 
shall take full effect for the nomination and election of 
municipal officers in said city in the year nineteen hundred 
and fifty-seven, but not otherwise. 

Approved February 16, 1954. 



Chap.124: An Act relative to the observance each year of the 

CONTRIBUTION TO THE SUCCESS OF THE AMERICAN REVOLU- 
TION OF PETER FRANCISCO. 

Be it enacted, etc., as follows: 

EdV'e^new Chapter 6 of the General Laws is hereby amended by 

§ 12S. added, inserting after section 12R, inserted by chapter 172 of the 

Peter acts of 1953, the following section: — Section 12S. The 

Francisco Day. gQyej-nor shall anuually issue a proclamation calling for a 

proper observance of March fifteenth, as a day set apart in 

recognition of the heroic contribution toward the success of 

the American Revolution by Peter Francisco. 

Approved February 16, 1954. 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, February 17, 1954. 

Honorable Edward J. Cronin, Secretary of the Commonwealth, 
State House, Boston, Massachusetts. 

Sir: — I, Christian A. Herter, by virtue of and in ac- 
cordance with the provisions of the Forty-eighth Amendment 
to the Constitution, "The Referendum II, Emergency 
Measure", do declare that in my opinion, the immediate 
preservation of the public convenience requires that the law 
passed on the sixteenth day of February in the year one 
thousand nine hundred and fifty-four, being Chapter 124 of 
the Acts of 1954 entitled, "An Act Relative to the Observ- 
ance Each Year of the Contribution to the Success of the 
American Revolution of Peter Francisco", should take 



Acts, 1954. — Chap. 125. 73 

effect forthwith and that it is an emergency law, and that 
facts constituting the emergency are as follows: 

The delayed operation of this legislation would make it 
impossible to issue the Proclamation this year for the proper 
observance of March 15 in recognition of the services of 
Peter Francisco during the American Revolution. 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 Sechetart, Boston, February 17, 1954. 

I, Edward J. Cronin, Secretary of the Commonwealth, 
hereby certify that the accompanying statement was filed in 
this office by His Excellency the Governor of the Common- 
wealth of Massachusetts at two o'clock and forty-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 one hundred 
and twenty-four of the acts of nineteen hundred and fifty- 
four. 

Edward J. Cronin, 

Secretary of the Commonwealth. 

An Act authorizing the city of Worcester to use a Chav 125 

CERTAIN PORTION OF INSTITUTE PARK FOR THE PURPOSES 
OF A FIRE STATION AND TRAINING GROUND. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized 
to use, for the purpose of constructing thereon and main- 
taining a fire station and training ground, that certain 
part of Institute Park consisting of land located on the 
westerly side of Grove street between the water gate of 
the Worcester public works department. Bureau of Sewers, on 
Grove street and the land now of J. B. Lowell, Inc. at 173 
Grove street, and extending westerly to the shore of Salisbury 
Pond, being a portion of the land more particularly described 
in a deed from the Worcester Art Museum to the City of 
Worcester dated December 28, 1911, and recorded with 
Worcester District Registry of Deeds book 1982, page 265; 
provided, that the consent thereto of the Worcester Parks 
and Recreation Commission and the Worcester Art Museum 
is obtained as provided for in said deed. 

Section 2, This act shall take full effect upon its ac- 
ceptance during the current year by the city councU and by 
the parks and recreation commission of the city of Worcester, 
but not otherwise. Approved February 16, 1954. 



74 



Acts, 1954. — Chap. 126. 



Chav.126 An Act authorizing the deposit of certain funds of 

THE COMMONWEALTH AND ITS POLITICAL SUBDIVISIONS IN 



CO-OPERATIVE BANKS. 



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



G. L. (Ter. 
Ed.). 34, 
§ 23, etc., 
amended. 



Deposit of 
certain public 
funds in 
co-operative 
banks, au- 
thorized. 



G. L. (Ter. 
Ed.), 90, 
§ 34D, etc.. 
amended. 

Same subject. 



G. L. (Ter. 
Ed.), 121, 
§ 8A, etc., 
amended. 



Deposit of 
certain trust 
funds in 
co-operative 
banks, au- 
thorized. 



Be it enacted, etc., as follows: 

Section 1. Paragraph (6) of subdivision (2) of section 23 
of chapter 32 of the General Laws is hereby amended by 
striking out clause (iii), as appearing in section 1 of chapter 
658 of the acts of 1945, and inserting in place thereof the 
following clause : — ■ 

(iii) In paid-up shares and accounts of and in co-operative 
banks. 

Section 2. Section 23 of chapter 34 of the General Laws, 
as most recently amended by section 2 of chapter 162 of the 
acts of 1950, is hereby further amended by striking out the 
second sentence and inserting in place thereof the following 
sentence : — Unless otherwise provided by the donor, any 
money so received or the proceeds of any such gift shall be 
placed at interest in savings banks or savings departments of 
trust companies incorporated under the laws of the common- 
wealth, or in savings departments of national banks, or shall 
be deposited on paid-up shares and accounts of and in co- 
operative banks, or shall be used to purchase share accounts 
of federal savings and loan associations located in the com- 
monwealth, or invested in securities which are legal invest- 
ments for savings banks. 

Section 3. Section 34D of chapter 90 of the General 
Laws is hereby amended by striking out the last sentence, as 
amended by section 3 of said chapter 162, and inserting in 
place thereof the following sentence : — The state treasurer 
shall deposit any cash received under the provisions of this 
section in a savings bank or the savings department of a 
trust company or of a national bank within the common- 
wealth, or on paid-up shares and accounts of and in co- 
operative banks, or shall use such cash to purchase share 
accounts in federal savings and loan associations located in 
the commonwealth. 

Section 4. Chapter 121 of the General Laws is hereby 
amended by striking out section 8A, as most recently 
amended by section 4 of said chapter 162, and inserting in 
place thereof the following section: — Section 8 A. The 
commissioner may receive funds in trust for the use of il- 
legitimate children or other persons under the care or super- 
vision of the department. The commissioner shall deposit 
such funds in savings banks in the commonwealth or savings 
departments of trust companies therein, or on paid-up shares 
and accounts of and in co-operative banks, or may use 
said funds to purchase share accounts of federal savings and 
loan associations located in the commonwealth and, when 
necessary, make expenditures from said funds for the benefit 
of or on behalf of the ward. 



Acts, 1954. — Chap. 127. 75 

Section 5. Chapter 122 of the General Laws is hereby o. l. (Ter. 
amended by striking out section 2B, as most recently amended f 2b', Itc.', 
by section 5 of said chapter 162, and inserting in place thereof ^imended.' 
the following section : — Section 2B. The superintendent of ^^tSnV^ a 
the Tewksbury state hospital and infirmary may deposit in b"superin- * 
any bank or trust company within the commonwealth or on Te°wksbury 
paid-up shares and accounts of and in co-operative banks, state hospital. 
funds belonging to patients and funds deposited by their 
relatives or friends to be used for their benefit or may use 
said funds to purchase share accounts of a federal savings 
and loan association located in the commonwealth, in an 
account entitled "Patients' Funds", or the superintendent 
may, whenever he deems it desirable, deposit such funds in 
such banks in separate accounts as trustee, or use said funds 
to purchase share accounts of a federal savings and loan 
association located in the commonwealth, as trustee, in each 
instance, for the patient. 

Section 6. Chapter 123 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 39, as most recently amended f 39^; l^l] 
by section 6 of said chapter 162, and inserting in place thereof amended.' 
the following section : — Section 89. The superintendent of ^rtSn^funds 
each state hospital may deposit in any bank or trust company by superin- 
within the commonwealth, or on paid-up shares and accounts statlfhospLia. 
of and in co-operative banks, funds belonging to patients and 
funds deposited by their relatives or friends to be used for 
their benefit, or may use said funds to purchase share accounts 
of a federal savings and loan association located in the com- 
monwealth in an account entitled "Patients' Funds". The 
commissioner may deposit in any such bank or trust company 
or on paid-up shares and accounts of and in co-operative 
banks in an account entitled "Patients' Funds", funds be- 
longing to patients, funds deposited by their relatives or 
friends, and funds earned by patients who are committed to 
the department or are under its supervision, or may purchase 
with said funds share accounts of a federal savings and loan 
association located in the commonwealth, in an account 
entitled "Patients' Funds", to be used for the benefit of said 
patients under regulations prescribed by the department. 

Approved February 17, 1954. 

An Act restricting the number of times the name of QfiQj) 127 
A candidate may appear on official ballots for a "' 

particular office. 

Be it enacted, etc., as follows: 

Section 41 of chapter 54 of the General Laws is hereby g. l. (Ter. 
amended by striking out the last sentence, as amended by fl^.'e^tt'., 
chapter 1 of the acts of 1953, and inserting in place thereof the amended. 
following sentence: — The name of any person shall not be Number of 
printed on the oSicial ballot or on ballot labels more than mTy^app^al- 
once as a candidate for the same office nor more than once for gaUoTs'^'re- 
any oflace wherein a full term and a partial term running atricted. 
concurrently are to be filled. Approved February 17, 1954. 



76 Acts, 1954. — Chaps. 128, 129, 130. 



Chap. 128 An Act further regulating the observance of certain 

LEGAL HOLIDAYS. 

Be it enacted, etc., asfoUoius: 

EdYi^Tr Section 1. Clause Eighteenth of section 7 of chapter 4 

etc!, amended, of the General Laws, as most recently amended by chapter 
241 of the acts of 1948, is hereby further amended by adding 
at the end the following paragraph: — 
?e^tainirai°^ Whenever February twenty-second, April nineteenth, 
holidays. May thirtieth, October twelfth or November eleventh, here- 

inbefore defined as legal holidays, falls on a day other than 
a Monday, the legal holiday for such date shall be observed 
on the Monday nearest to said enumerated date. The first 
Monday of September, hereinbefore defined as a legal holi- 
day, shall be observed on the first Monday of September, 
whenever the first Monday of September shall be not earlier 
than September fifth; otherwise said holiday shall be 
observed on the second Monday of September. 
Conditions SECTION 2. This act shall become effective on January 

haw'a'ct ° first, nineteen hundred and fifty-seven; provided, that, on 
or before October first, nineteen hundred and fifty-six, not 
less than thirty-one of the other states of the United States of 
America shall have provided by legislation or otherwise for 
observance of Washington's Birthday and Memorial Day on 
the same days as provided herein. 

Approved February 17, 1954. 



effective. 



Chap. 129 An Act authorizing the city of fall river to pat a 

SUM OF MONEY TO ARMAND LUSSIER. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Fall River is hereby authorized to 
appropriate and pay to Armand Lussier of said city a sum 
of money, not to exceed five hundred dollars, to compensate 
him for a personal injury sustained by him on September 
first, nineteen hundred and fifty-three while performing 
his duties as an unpaid member of the Watuppa Water Board. 

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

Approved February 23, 1954- 



Chap. ISO An Act further extending the time during which 

THE YOUTH SERVICE BOARD MAY MAINTAIN A PLACE OF 
CUSTODY IN THE CITY OF BOSTON. 

Emergency Whcreas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to immediately extend the 
time during which the youth service board may maintain 
a place of custody in the city of Boston, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the pubhc convenience. 



Acts, 1954. — Chap. 131. 77 

Be it enacted, etc., as follows: 

Section 1. Chapter 542 of the acts of 1948 is hereby 
amended by striking out section 1, as most recently amended 
by section 1 of chapter 422 of the acts of 1952, and inserting 
in place thereof the following section: — Section 1. Upon 
its organization the youth service board established by 
section sixty-five of chapter six of the General Laws, herein- 
after called the board, shall forthwith establish in the city 
of Boston for use during the limited period hereinafter 
specified, one or more places of custody which shall be 
completely separate from any lockup, police station or 
house of detention in said city, which shall be used solely 
for the temporary care, custody and study, under sections 
sixty-six, sixty-seven and sixty-eight of chapter one hundred 
and nineteen of the General Laws, of delinquent and way- 
ward children between the time of their arrest or taking into 
custody and the final disposition of their case, and shall be 
maintained by the board until the board has developed a 
program for the care, custody and study of such children 
between the time of their arrest or taking into custody and 
the final disposition of their case; but in no event shall said 
place or places of custodj'- be maintained longer than July 
first, nineteen hundred and fifty-five. 

Section 2. Said chapter 542 is hereby further amended 
by striking out section 2, as most recently amended by 
section 2 of said chapter 422, and inserting in place thereof 
the following section : — Section 2. For establishing and 
maintaining a place or places of custody under this act, the 
board may expend such sums as may be appropriated there- 
for. Not later than October first in each of the years nine- 
teen hundred and fifty-two, nineteen hundred and fifty- 
three, nineteen hundred and fifty-four and nineteen hundred 
and fifty-five, the board shall certify to the state treasurer 
the total amount expended by it under this act during the 
preceding fiscal year. One half of such amount shall be 
assessed on the city of Boston as provided by section twenty 
of chapter fifty-nine of the General Laws. 

Approved February 23, 1954> 

An Act relative to the use of playgrounds and recre- Char>. ISl 

ATION centers. 

Whereas, The deferred operation of this act would tend p"ambiT^ 
to defeat its purpose, which is to make its provisions rela- 
tive to the use of playgrounds and recreation centers effec- 
tive Avithout delay, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 
Be it enacted, etc., as follows: 

Chapter 45 of the General Laws is hereby amended by g. l. (Xer. 
striking out section 18, as appearing in the Tercentenary amende^d.* ^^' 
Edition, and inserting in place thereof the following section: 
— Section 18. This chapter shall not be construed to use of piay- 

grounda, eto. 



78 



Acts, 1954. — Chaps. 132, 133. 



prohibit the use of any playgrounds or recreation centers 
by adults or children of special age groups at the discretion 
of the body having the grounds or premises in charge. 

Approved February 2S, 195 Jf. 



Chap. 132 An Act to permit the playing of baseball games be- 
yond THE HOUR OF SIX THIRTY POST MERIDIAN ON THE 
lord's day under CERTAIN CIRCUMSTANCES. 

preambie^^ Whereas, The deferred operation of this act would tend to 

defeat its purpose which, in part, is to permit, for the cur- 
rent baseball season, as well as in the future, the playing of 
baseball games during certain additional hours on the Lord's 
day; therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 



G. L. (Ter. 
Ed.), 136, 
§ 21, etc., 
amended. 

Playing of 
baseball 
games during 
certain addi- 
tional hours 
on Sundays, 
permitted. 



Be it enacted, etc., as follows: 

Chapter 136 of the General Laws is hereby amended by 
striking out section 21, as most recently amended by chapter 
32 of the acts of 1951, and inserting in place thereof the 
following section: — Section 21. In any city which accepts 
sections twenty-one to twenty-five, inclusive, by vote of its 
city council, or in any town which accepts said sections by 
vote of its inhabitants, it shall be lawful on the Lord's day 
to take part in or witness any athletic outdoor sport or 
game, as hereinafter provided, between the hours of one 
thirty and six thirty post meridian and, in the case of a 
baseball game commenced before the hour of six thirty post 
meridian, for such further time beyond said hour as may be 
necessary to complete said game; provided, that said game 
had been scheduled to commence at or before the hour of 
three post meridian, or is the second of two successive 
games to be played on the same day, the first of which had 
been scheduled to commence at or before the hour of two 
post meridian. In any such city or town it shall be lawful 
on the Lord's day to take part in or witness, as hereinafter 
provided, any indoor hockey or basketball game between the 
hours of one thirty post meridian and twelve midnight. 

Approved February 23, 1954- 



Chap. 133 An Act authorizing the town of andover to pay a 

SUM OF MONEY TO HENRY L. HILTON AND TO GEORGE C. 
WILLIAMS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the. town of Andover is hereby authorized to 
appropriate the sum of three hundred and forty-two dollars 
and to pay the same to Henry L. Hilton, deputy chief of 
the fire department of said town, which sum of money is 
due him under the provisions of section twenty-four of 
chapter seven hundred and eight of the acts of nineteen 



Acts, 1954. — Chaps. 134, 135. 79 

hundred and fortj^-one, as most recently amended by chapter 
two hundred and three of the acts of nineteen hundred and 
forty-seven, and said town is hereby further authorized to 
appropriate the sum of three hundred and thirty-three 
dollars and to pay the same to George C. Williams, a mem- 
ber of said fire department, which sum of money is due 
him under the provisions of said section twenty-four of said 
chapter seven hundred and eight, as so amended. 

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

Approved February 23, 1954. 

An Act relative to the licensing of motels. C hap. 1S4: 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 27 of chapter g. l. (Ter. 
140 of the General Laws, as most recently amended by sec- f27'ettP' 
tion 1 of chapter 326 of the acts of 1950, is hereby further amended.' 
amended by inserting after the word "cabin", in line 5, 
the following: — , motel. 

Section 2. Said chapter 140 is hereby further amended g. l. (Ter. 
by striking out the caption preceding section 32A, as f 32Aftew 
amended by section 2 of said chapter 326, and inserting in f^J^erted 
place thereof the following caption : — recreational camps, 
overnight camps or cabins, motels and trailer coach 

PARKS. 

Section 3. Section 32A of said chapter 140, as amended g. l. (Ter. 
by section 3 of said chapter 326, is hereby further amended § sbA^ttc., 
by inserting after the word "cabin", in hne 3, the following: amended. 
— , motel. 

Section 4. The first sentence of section 32B of said chap- g. l. (Ter. 
ter 140, as appearing in section 4 of said chapter 326, is f 32B^ttc 
hereby amended by inserting after the word "cabins", in amended." 
line 5, the following: — , motels. 

Section 5. Section 32C of said chapter 140, as amended g. l. (Ter. 
by section 5 of said chapter 326, is hereby further amended f 32C,'^ttc.. 
by inserting after the word "camps", in line 2, the follow- amended. ' 
ing: — , motels; and by inserting after the word "camp", 
in line 4, the following: — , motel. 

Section 6. Section 32D of said chapter 140, as amended %^]-^Jq^- 
by section 6 of said chapter 326, is hereby further amended § 32b, etc., 
by inserting after the word "camp", in line 2 and in line 4, ^'^^'''^^'^• 
in each instance, the following: — , motel. 

Section 7. Section 32E of said chapter 140, as amended g^^. (Ter. 
by section 7 of said chapter 326, is hereby further amended § 32E. etc., 
by inserting after the word "camp", in line 2, the follow- amended. 
ing: — , motel. Approved February 28, 1954. 

An Act relative to deposits of the state treasurer, ni^fj^ iqk 
Be it enacted, etc., as follows. • 

Chapter 29 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 34, as most recently amended by chap- f^j'^^^ 
ter 223 of the acts of 1953, and inserting in place thereof the amended' 



80 



Acts, 1954. — Chap. 136. 



Deposits of 
the state 
treasurer, 
regulated. 



following section: — Section 34. The state treasurer may 
deposit any portion of the public moneys in his possession in 
such national banks, or trust companies, or banking com- 
panies, lawfully doing business in the commonwealth, as 
shall be approved at least once in three months by the gov- 
ernor 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 and 
surplus; provided, that said limit may be exceeded for the 
purpose of the temporary deposit for not more than fifteen 
days of receipts from tax collections in a bank or trust com- 
pany or banking company located on the same premises as 
the office of the collection section of the department of cor- 
porations and taxation. For the purpose of paying the prin- 
cipal or interest due on any bond, note or other obligation 
of the commonwealth, which is payable in the city of New 
York, he may keep on deposit in any national bank or trust 
company in said city, approved for the purpose by the gov- 
ernor 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 pay- 
ments, said amount may be increased by a sum or sums suffi- 
cient to cover the same. A state treasurer who knowingly 
makes any deposit in violation of the foregoing provisions 
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 knowingly re- 
ceiving 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 February 23, 1954. 



Chap. ISQ An Act relative to the eligibility of members of 

RESERVE POLICE AND RESERVE FIRE FORCES WHO REFUSE 
TO ACCEPT REGULAR APPOINTMENTS. 



G. L. (Ter. 
Ed.). 31. 
§ 20A, etc., 
amended. 



Effect of 1 
refusal to 
accept regular 
appointments 
to police and 
fire forces. 



Be it enacted, etc., as follows: 

Section 1. Section 20 A of chapter 31 of the General 
Laws, as amended by section 1 of chapter 255 of the acts 
of 1953, is hereby further amended by inserting after the 
word "refuses", in line 22, and after the word "accept", in 
line 27, in each instance, the word: — permanent, — so as 
to read as follows: — Section 20 A. In each city and town 
subject to section twenty in which there has been estab- 
lished a reserve police force or a reserve fire force, appoint- 
ments to the regular police force or the regular fire force 
shall be made by the appointing authority upon certification 
by the director from the list of members of the reserve police 
force or the reserve fire force, as the case may be, in ac- 
cordance with the rules of the commission, except that the 
basis of certification shall be the order of appointment to 
such reserve force, or, if not ascertainable, the order of the 



Acts, 1954. — Chap. 136. 81 

respective ratings of such members obtained in the exami- 
nation upon which the hst of ehgibles for appointment to 
such reserve force was based. No request 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 liis fiftieth birthday shall be ap- 
pointed 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, nineteen hundred and fifty- 
three, having been duly certified, three times refuses perma- 
nent appointment to the regular force, shall be eligible for 
further certification. Notwithstanding the provisions 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 certifi- 
cation, refusing to accept permanent 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 reserve 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. Section 20C of said chapter 31, as amended S%^-iJT2oc 
by section 2 of chapter 167 of the acts of 1952, is hereby etc!. 'amended.* 
further amended by inserting after the word "refuses", in 
line 20, and after the word "accept", in line 24, in each 
instance, the word : — permanent, — so as to read as fol- 
lows : — Section 20C. In each city and town having police Refusal by 
officers subject to this chapter and classified as intermittent intermittent 
police officers, appointments to the regular force shall be to accept 
made by the appointing authority upon certification by the app^n'tment. 
director from the list of members of the poUce force of such effect of. 
city or town classified, in accordance with the rules of the 
commission, as members of the special or substitute police 
force of such city or town, except that the basis of certifi- 
cation shall be the order of appointment as such intermittent 
police officers, or, if not ascertainable, the order of the respec- 
tive ratings of such intermittent police officers obtained 
in the examination upon which the Ust of eligibles for ap- 
pointment as such officers was based, and no request of a 
member of the intermittent police force that he be not 
certified in any instance shall be granted by the director. 
No intermittent police officer who has passed his fiftieth 
birthday shall be appointed under this section to the regular 
police force of such city or town, and no such intermittent 
police ofiicer who, after June first, nineteen hundred and 
fifty-two, having been duly certified, three times refuses 
permanent appointment to the regular force shall be eligible 
for further certification. Notwithstanding the provisions 
of sections forty-three and forty-five or any other law, 



82 Acts, 1954. — Chaps. 137, 138, 139. 

members of an intermittent force refusing to accept perma- 
nent appointment to the regular force on the occasion of 
three separate certifications after said June first shall there- 
upon cease to be a member of the intermittent police force. 
The appointing officer shall forward to the director a notifi- 
cation of termination of the service of such intermittent 
officer setting forth the occasion of each refusal and the date 
upon which the services of such officer ceased. 

Approved February 23, 1954. 

Chap. 1S7 An Act requiring causes of death to be printed or 

TYPED ON certificates OF DEATH. 

Be it enacted, etc., as follows: 

Ed^'iJl'g Section 9 of chapter 46 of the General Laws, as most 

etc!, amended, recently amended by chapter 113 of the acts of 1945, is 
hereby further amended by inserting after the first sentence 
death^l?tffi-° ^^® following sentence : — The cause, or causes, of death 
catestobe shall be printed or typed on all certificates required to be 
pnnte . furnished under this section. Approved February 23, 1954. 

Chap. ISS An Act authorizing the town of acton to permit the 

USE BY THE NAGOG REGIONAL SCHOOL DISTRICT OF THE 
BLANCHARD AUDITORIUM IN SAID TOWN, 

Be it enacted, etc., as follows: 

The town of Acton is authorized to permit the use by the 
Nagog Regional School District of The Blanchard Audi- 
torium in said Acton under a lease or license for a period 
not exceeding twenty years and from year to year thereafter 
until the expiration of such period of notice of termination 
and upon such terms and conditions and subject to such 
provisions for operation and management, either by such 
town or any board, officer, committee or department thereof 
or by such regional school district as said town of Acton 
and said Nagog Regional School District may agree. 

Approved February 23, 1954- 

C hap. 1S9 An Act relative to the renewal of licenses and per- 
mits IN CERTAIN CITIES. 

Be it enacted, etc., as follows: 

Ed^ii^^new Chapter 41 of the General Laws is hereby amended by 
§ 13B, added, inserting after section 13A the following section: — Section 
uceMesind ^^^' ^^ ^ ^^^^ ^^ which the board of aldermen or city coun- 
permitlfn cil is the Uceiising authority such board or council may 
delegate from time to time to the city clerk of such city, 
subject to such conditions and Umitations as it may impose, 
the powers vested in such board or council to renew licenses 
or permits authorized to be renewed under the provisions 
of chapter one hundred and forty, or of any other general 
or special law. Approved February 28, 1954. 



certain cities. 



Acts, 1954. — Chaps. 140, 141. 83 



An Act providing for the nomination of members of Chap. 1^0 

THE CITY council AND THE SCHOOL COMMITTEE OF THE 
CITY OF REVERE BY PRELIMINARY ELECTIONS, AND PRO- 
VIDING FOR THEIR ELECTION BY ORDINARY PLURALITY 
VOTING. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
one A of chapter six hundred and sixty-one of the acts of 
nineteen hundred and forty-nine, so much of the provisions 
of sections ninety-three to one hundred and sixteen, inclu- 
sive, of chapter forty-three of the General Laws as provided 
for the election by proportional representation of members 
of the city council and the school committee of the city of 
Revere, are hereby repealed. 

Section 2. Notwithstanding any provision of said chap- 
ter forty-three to the contrary, nominations of candidates 
for election to the city council and the school committee of 
the city of Revere shall be made at preliminary elections 
under the provisions of sections forty-four A to forty-four G 
of said chapter forty-three, which sections are hereby made 
applicable in said city, and the candidates nominated at 
such prehminary elections shall be candidates for election 
at the next regular municipal election therein by ordinary 
pluraHty voting. 

Section 3. This act shall be submitted to the registered 
voters of the city of Revere at the next regular municipal 
election in the form of the following question which shall 
be placed upon the official ballot to be used at said election: 
— "Shall an act passed by the general court in the year 
nineteen hundred and fifty-four, entitled 'An Act providing 
for the nomination of members of the city council and the 
school committee of the city of Revere by preliminary elec- 
tions, and providing for their election by ordinary plurality 
voting', 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 23, 1954. 

An Act authorizing the board of selectmen to appoint (JfiQ/n 141 

the inspectors of plumbing in the town of LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of sections 
eleven and twelve of chapter one hundred and forty-two of 
the General Laws relative to the appointment of inspectors 
of plumbing, inspectors of plumbing in the town of Lexington 
shall be appointed by the board of selectmen and said board 
may remove them subject to chapter thirty-one of the Gen- 
eral Laws and shall fix their compensation, which shall be 
paid by the town. Said inspectors of plumbing shall inspect 
all plumbing in process of construction, alteration or repair 
for which permits are granted within the town and shall 



84 Acts, 1954. — Chaps. 142, 143. 

report to the building inspector of the town violations of 
any law, by-law, rule or regulation relative to plumbing and 
shall perform such other appropriate duties as may be re- 
quired. 

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

Approved February 23, 195 J^. 



Chap. 14:2 An Act amending the charter of the city of melrose 

RELATIVE TO REPORTS OF SANITARY CONDITIONS AND 
SAFETY OF SCHOOLHOUSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 162 of the acts of 1899 is hereby 
amended by striking out section 35 and inserting in place 
thereof the following section : — Section 35. The person 
designated by the mayor, under authority of section six of 
chapter one hundred and forty-three of the General Laws, to 
have charge of the inspection of buildings shall on or before 
the first day of January and the first day of September of 
each year submit in writing to the school committee a report 
of the sanitary condition of all the schoolhouses, and shall 
certify as to their safety for school purposes. 

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

Approved February 23, 1954- 

Chap. 14iS An Act relative to certain assessments for better- 
ments IN THE TOWN OF RANDOLPH. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of sections 
one and two of chapter eighty, and section twenty-seven of 
chapter eighty-three of the General Laws, assessments for 
betterments may be validly made by the town of Randolph 
on all construction for betterments which were completed 
during the calendar years nineteen hundred and fifty-one, 
nineteen hundred and fifty-two and nineteen hundred and 
fifty-three. 

Section 2. This act shall take full effect upon its ac- 
ceptance 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 February 23, 1954. 



Acts, 1954. — Chaps. 144, 145. 85 



An Act providing that vacancies in the finance com- Chap.l4A 

MITTEE in the TOWN OF SAUGUS SHALL BE FILLED BY THE 
MODERATOR. 

Be it enacted, etc., as follows: 

Section 1. Chapter 17 of the acts of 1947 is hereby 
amended by striking out section 37 and inserting in place 
thereof the following section: — Section 37. Appointments 
to fill vacancies. — The moderator shall fill any vacancy in 
said committee, and upon doing so shall notify the secretary 
of the committee and the town clerk of his action in writing. 
The term of office of any person so chosen to fill a vacancy 
shall expire at the final adjournment of the next succeeding 
annual town meeting, and the moderator shall appoint a 
successor to complete the unexpired term of the member in 
whose office such vacancy originally occurred. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the town meeting members of said 
town present and voting thereon at a town meeting, but not 
otherwise. Approved February 23, 1954. 

An Act penalizing the fraudulent operation of turn- Chap. 14:5 

STILES and other RECEPTACLES OF TOKENS AND THE 
MANUFACTURE AND SALE OF DEVICES INTENDED TO BE 
USED IN SUCH OPERATION. 

Be it enacted, etc., as follows: 

Chapter 266 of the General Laws is hereby amended by g. l. (Ter. 
striking out sections 75A and 75B, inserted by chapter 11 of Fj^y^^l^y'sB 
the acts of 1932, and inserting in place thereof the following amended. 
two sections: — Section 75 A. Whoever operates or causes Penalty for 
to be operated, or attempts to operate or to cause to be o'peration of 
operated, any automatic vending machine, slot machine, turnstiles, 
turnstile, coin-box telephone or other receptacle designed to ceptec?e*8,Tto. 
receive lawful coin of the United States or tokens provided by 
the person entitled to the coin-contents or token-contents of 
such receptacle in connection with the sale, use or enjoy- 
ment of property, transportation or other service, by means 
of a slug or any false, counterfeited, mutilated or sweated 
coin or token or by any means, method, trick or device 
whatsoever not lawfully authorized by the owner, lessee or 
licensee of such machine, turnstile, coin-box telephone or 
receptacle; or whoever takes, obtains or receives from or in 
connection with any automatic vending machine, slot 
machine, turnstile, coin-box telephone or other receptacle 
designed to receive lawful coin of the United States or tokens 
provided by the person entitled to the coin-contents or 
token-contents of such receptacle in connection with the 
sale, use of or enjoyment of property or service, any goods, 
wares, merchandise, transportation, gas, electric current, 
article of value, or the use or enjoyment of any transportation 
or any telephone or telegraph facilities or service, or of any 



86 



Acts, 1954. — Chap. 146. 



Penalty for 
manufacture 
and sale of 
slugs, devices, 
etc., intended 
for fraudulent 
operation. 



The word 
"person", to 
include. 



musical instrument, phonograph or other property, without 
depositing in and surrendering to such machine, turnstile, 
coin-box telephone or other receptacle la\vful coin or a token 
or tokens to the amount or value required therefor by 
the owner, lessee or licensee of such machine, turnstile, 
coin-box telephone or receptacle, shall be punished by a 
fine of not more than one hundred dollars or by imprison- 
ment in the house of correction for not more than thirty days, 
or both. The word "person" as used in this section shall 
include any municipal corporation or political subdivision of 
the commonwealth. 

Section 75B. Whoever manufactures for sale, advertises 
for sale, sells, offers for sale, or gives away any slug, device or 
substance whatsoever, designed or calculated to be placed or 
deposited in any automatic vending machine, slot machine, 
turnstile, coin-box telephone or other such receptacle, de- 
pository or contrivance, designed to receive lawful coin of 
the United States or tokens provided by the person entitled 
to the coin-contents or token-contents of such receptacle, 
depository or contrivance in connection with the sale, use or 
enjoyment of property or service, with the intent that such 
slug, device or substance shall be used to cheat or defraud 
the person entitled to the contents of any such machine, 
turnstile, coin-box telephone or other such receptacle, de- 
pository or contrivance, shall be punished by a fine of not 
more than five hundred dollars, or by imprisonment in the 
house of correction for not more than one year, or both. 
The word "person" as used in this section shall include any 
municipal corporation or political subdivision of the com- 
monwealth. Approved February 23, 1951^. 



Chap.lAiQ An Act providing that elective town officers in the 

TOWN OF MILTON MAY BE ELECTED TO THE BOARD OF 
WATER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 307 of the acts of 1902 is hereby 
amended by striking out section 11 and inserting in place 
thereof the following section: — Section 11. The powers 
and duties conferred and imposed upon the town of Milton 
by this act, including the purchase or taking of any lands or 
other property or rights, shall be exercised by a board of 
water commissioners, consisting of three residents of the 
town. The town, after its acceptance of this act at a legal 
meeting called for the purpose, shall elect by ballot three 
persons to constitute said board of water commissioners. 
They shall 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 next succeeding annual town 
meeting, and at each annual town meeting thereafter one 
such commissioner shall be elected by ballot for a term of 
three years. All such commissioners, except in case of re- 
moval, shall hold ofiice until their successors are elected, and 



Acts, 1954. — Chap. 147. 87 

vacancies occurring during the term may be filled for the 
remainder of the term by vote of the town at a meeting duly 
called for that purpose. Any commissioner, after due notice 
and hearing, may be removed at any time by a majority 
vote of the town for any cause which shall be deemed suffi- 
cient and which shall be expressed in the vote of removal. 
The commissioners shall receive such compensation for their 
services as the town shall determine. 

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

Approved February 23, 1954- 

An Act authorizing the town of milton to sell cer- Chap, 14:7 

TAIN LAND IN EAST MILTON ACQUIRED FOR PLAYGROUND 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may sell at public auction 
or private sale and convey the whole or any part or parts of 
a certain parcel of real estate in that town which was ac- 
quired for playground purposes and is no longer needed for 
public use, and shall use the proceeds of such sale for the 
purposes stated in section sixty-three of chapter forty-four 
of the General Laws. Said parcel is shown as the parcel 
containing seven and nine hundred ninety-four one-thou- 
sandths acres on a plan entitled "Plan of East Milton Play- 
ground Proposed to be Conveyed to Private Ownership, 
November, 1953, Alexander E. Manning, Town Engineer", 
and bounded and described as follows: Beginning at a point 
in the northeasterly side line of Adams street at land of the 
Roman CathoUc Archbishop of Boston; thence running 
northwesterly by said Adams street forty and thirty-six one- 
hundredths feet to a point; thence running northeasterly 
three hundred five and seventy-six one-hundredths feet to 
a point; thence running northerly forty-seven and fifty one- 
hundredths feet to a point ; thence running northerly, north- 
westerly and westerly on a curved line, having a radius of 
thirty feet, forty-seven and twelve one-hundredths feet to a 
point; thence running westerly eleven and eighty-two one- 
hundredths feet to a point; thence running northwesterly 
three hundred ninety-six and twenty-four one-hundredths 
feet to a point in the southeasterly side line of Squantum 
street; thence running northeasterly by said Squantum street 
two hundred eleven feet to a point; thence running north- 
easterly by said Squantum street on a curved line, having a 
radius of five hundred sixty-eight and ninety-six one-hun- 
dredths feet, one hundred forty-four and thirty-two one- 
hundredths feet to a point, thence running northeasterly 
by said Squantum street two hundred twenty-one and eleven 
one-hundredths feet to the southwesterly side line of the 
location of the New York, New Haven and Hartford Railroad 



88 Acts, 1954. — Chap. 147. 

Company ; thence running southeasterly by said railroad loca- 
tion six hundred twenty-four and fifty-nine one-hundredths 
feet to a point; thence running southwesterly one hundred 
eighty-two and fifty-eight one-hundredths feet to a point; 
thence running northwesterly eight feet to a point; thence 
running southwesterly ninety feet to a point; thence run- 
ning southeasterly on an extension northwesterly of the 
northeasterly side line of St. Agatha road eight feet to a 
point; thence running southwesterly by the northwesterly 
limit of said St. Agatha road forty and four one-hundredths 
feet to a point at the southwesterly side line of said St. Agatha 
road; thence running southwesterly twenty-seven and fifty- 
one one-hundredths feet to land of the Roman Catholic 
Archbishop of Boston, thence running northwesterly by said 
land of the Roman Catholic Archbishop of Boston two hun- 
dred seventy-two and seventy-three one-hundredths feet to 
a point; thence running southwesterly by said land of the 
Roman CathoHc Archbishop of Boston four hundred three 
feet to the point of beginning at said Adams street. 

Section 2. The town of Milton may sell at public auction 
or private sale and convey the whole or any part or parts of 
a certain parcel of real estate in that town which was ac- 
quired for park purposes and is no longer needed for public 
use, and shall use the proceeds of such sale for the purposes 
stated in section sixty-three of chapter forty-four of the Gen- 
eral Laws. Said parcel is shown as the parcel containing 
one thousand five square feet on a plan entitled "Plan 
Showing Land Owned by the Town of Milton Dated Decem- 
ber, 1953, Alexander E. Manning, Town Engineer", and 
bounded and described as follows: — Beginning at a point 
marked by a stone bound sixty-four and 16/100 feet east of 
a stone bound on the east side line of Adams street and 
running southeasterly one hundred twenty-seven and 6/10 
feet by land of the To^vn of Milton; thence running north- 
westerly eighty-three and 47/100 feet by land of Russell H. 
and Frederick L. King; thence running northerly forty- 
eight and 18/100 feet by land of Russell H. and Frederick L. 
Ejng to the point of beginning. 

Section 3. Any sale or conveyance carried out under 
the authority of this act shall be subject to easements of the 
town of Milton for sewer, drain and all other purposes. 

Section 4. This act shall take full effect upon its ac- 
ceptance by a majority of the town meeting members of 
said town present and voting thereon at a regular or special 
town meeting called for the purpose, but not otherwise. 

Approved February 23, 1954- 



Acts, 1954. — Chap. 148. 89 



An Act establishing a gypsy moth control program. Chap. 14S 

Whereas, The deferred operation of this act would tend ^^ambi^"^ 
to defeat its purpose, which is to institute forthwith a pro- 
gram for the prevention of the spread of the gypsy moth, 
therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public convenience. 

Be it enacted, etc., as folloivs: 

Section 1. The commissioner of natural resources, here- 
inafter in this act called the commissioner, is hereby au- 
thorized and directed, with the approval of the board of 
natural resources, to institute a comprehensive program of 
gypsy and bro"wn tail moth control within the common- 
wealth. The commissioner shall designate regions wherein 
serious infestation from said insect pest has been found. 
Such regions may consist of a town or city or a group of 
towns or a group of towns and cities and may include such 
areas as are determined by the commissioner to be so in- 
fested or so located as to require such control measures to 
prevent further spread of the gypsy moth. The commis- 
sioner shall cause notice to be given to each town or city in 
the region, as established by him, by notifying the mayor 
or the board of selectmen in writing that in his opinion such 
infestation requires emergency action by the department to 
prevent the spread of said insect pests and that the common- 
wealth is to proceed vnth. a control program to be financed 
jointly by the commonwealth and the cities and towns ^vithin 
the specified region. If the mayor or selectmen desire a 
hearing on the matter of such determination, they shall 
notify the commissioner within ten days after the receipt of 
the notice. The commissioner shall grant a hearing on such 
requests within thirty days after receipt of such request, and, 
following such hearing, the decision of the commissioner 
shall be final. The cost of such control program including 
the interest on any notes issued under section five shall be 
apportioned thirty per cent to the commonwealth and 
seventy per cent to the cities and to^v^ls in the region, or 
regions, established hereunder. The portion of the cost, as 
determined by the commissioner, of such work allocated to 
the cities and towns within any such region shall be assessed 
in accordance with the provisions of section sixteen of chap- 
ter one hundred and thirty-two of the General Laws; pro- 
vided, that no such assessment in any calendar year shall 
exceed fifty per centum of the maximum required to be ex- 
pended in said section sixteen. The commissioner shall 
notify the state tax commissioner on or before January first 
of each year, of the estimated liability to be apportioned to 
each city or town in any such region, and, on or before 
October fifteenth of each year, the commissioner shall cer- 
tify to the state treasurer the amount to be collected and 
paid to the state treasurer, as provided by section twenty 
of chapter fifty-nine of the General Laws; provided, how- 



90 Acts, 1954. — Chap. 148. 

ever, that on or before April first of the current year, the 
commissioner shall notify the state tax commissioner of the 
estimated liability to be apportioned to each city or town 
in any such region for the year nineteen hundred and fifty- 
four. For the purpose of this section the commissioner and 
the chief moth superintendent shall have the powers granted 
to them by applicable provisions of chapter one hundred and 
thirty-two of the General Laws. 

Section 2. To provide a comprehensive program to pre- 
vent the spread of the gypsy moth, the department of nat- 
ural resources is authorized to expend, in addition to any 
sums appropriated therefor, the sum of one million, five 
hundred and seventy-five thousand dollars, to be assessed 
to cities and towns subject to the provisions of section one 
of this act, and subject to other provisions of law regulating 
the disbursement of public funds and the approval thereof; 
provided, that any expenditures thereof be made for a period 
ending not later than June thirtieth, nineteen hundred and 
fifty-seven; and provided, further, that the total amount to 
be expended in any one fiscal year shall not exceed seven 
hundred and fifty thousand dollars. 

Section 3. The wording in item 1001-31 of section 2 of 
chapter 489 of the acts of 1953 is hereby amended by in- 
serting after the word "beetles", in line 3, the words: — 
, under any general or special law, — so as to read as fol- 
lows : — 

1001-31 For the suppression of insect pests and shade 
tree diseases, including gypsy and brown 
tail moths and Japanese beetles, under any 
general or special law, and including not 
more than seven permanent positions, and 
for reimbursement to cities and towns of a 
proportion of their expenses for such work, 
as provided by law and to be in addition to 
any amounts heretofore appropriated for 
the purpose ...... 

Section 4. To meet the expenditures necessary in carry- 
ing out the provisions of this act, the state treasurer shall, 
upon the request of the governor and council, borrow on the 
credit of the commonwealth from time to time such sums 
of money as may be required in anticipation of the receipt 
from cities and towns of their cost of the program, but not 
to exceed, in the aggregate, the sum of one million five hun- 
dred and seventy-five thousand dollars, and may issue and 
renew from time to time notes of the commonwealth there- 
for, bearing interest payable at such times and at such 
rate 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 recom- 
mend to the general court in accordance with section three 
of Article LXII of the Amendments 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-nine. Notwithstanding 



Acts, 1954. — Chaps. 149, 150. 91 

any provision of this act, such notes shall be general obliga- 
tions of the commonwealth. 

Section 5. Chapter six hundred and twenty-two of the 
acts of nineteen hundred and fiftj^'-two is hereby repealed. 

Approved February S4, 1954. 

An Act relating to appropriations by cities and towns Qhdj) 1 49 

FOR celebrating CERTAIN DAYS OR OCCASIONS. 

Whereas, The deferred operation of this act would tend ^^^^^VJ'^ 
to defeat its purpose, which is to enable cities and to\vns to 
make the appropriations authorized thereby without delay, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby o. l. (Ter. 
amended by inserting after clause (45), inserted by section 2 ^tc^! 'amended, 
of chapter 576 of the acts of 1953, the folloT^^ng clause: — certain ap- 

(46) For the celebration of Labor Day and for the proper ^"""P^^g^^^ 
observance and celebration of the Christmas season by the towns, 
decoration and illumination of public buildings and public ^"*''°"^^^- 
streets, and for the purchase, installation and decoration of 
Christmas trees upon municipal lands. 

Approved February S4, 1954- 

An Act to authorize the wheelwright scientific Chap. 150 

SCHOOL TO hold ADDITIONAL REAL AND PERSONAL ES- 
TATE. 

Be it enacted, etc., as follows: 

Section L Section 2 of chapter 23 of the acts of 1882, 
as amended by section 1 of chapter 89 of the acts of 1898, 
is hereb}'- further amended by striking out, in hues 8 and 9, 
the words "eight hundred thousand" and inserting in place 
thereof the words: — one million, — so as to read as follows: 
— Section 2. The said corporation shall have authority to 
receive, hold and manage the fund bequeathed for the pur- 
poses for which the said corporation is created by the will 
of William Wheelwright, late of Newburyport, deceased, 
and any other donations or bequests which may be made 
for its benefit, and may hold for the purposes aforesaid real 
and personal estate to an amount not exceeding one million 
dollars. 

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

Approved February 24, 1954. 



92 Acts, 1954. — Chaps. 151, 152. 



Chap. 151 An Act designating the bridge on grove street on 

ROUTE 8 IN THE TOWN OF ADAMS AS THE WALTER BEDNARZ 
AND STERLING BURNETTE BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The bridge on Grove street on route 8 in 
the town of Adams shall be known and designated as the 
Walter Bednarz and Sterling Burnette Bridge, and a suita- 
ble tablet bearing said designation shall be attached to said 
bridge by the state department of public works. 

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

Approved February 24, 195 If. 

Chap. 152 An Act providing for the restoration of election by 
proportional representation of members of the 
city council and school committee of certain plan e 

CITIES. 

Be it enacted, etc., as follows: 

Section 1. Any city having a Plan E form of city 
charter which has accepted the provisions of chapter six 
hundred and sixty-one of the acts of nineteen hundred and 
forty-nine, shall, notwithstanding such acceptance, elect 
by proportional representation, the members of the city 
council and the school committee in the manner provided 
by sections ninety-three to one hundred and sixteen, inclu- 
sive, of chapter forty-three of the General Laws, as in effect 
immediately prior to the effective date of said chapter six 
hundred and sixty-one, upon acceptance of this act in the 
manner hereinafter provided. 

Section 2. Upon petition of ten per cent of the regis- 
tered voters of said city filed with the city clerk or election 
commissioners not later than sixty da3''s before a regular 
city election, this act shall be submitted for acceptance to 
the registered voters of said city at said regular city election 
in the form of the following question, which shall be placed 
on the official ballot to be used in said city at such election: 
— "Shall an act passed by the general court in the year 
nineteen hundred and fifty-four entitled 'An act providing 
for the restoration of election by proportional representation 
of members of the city council and school committee of 
certain Plan E cities' 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 



Acts, 1954. — Chaps. 153, 154, 155. 93 

petition for such submission has been filed mth the city 
clerk or election commissioners in the manner aforesaid. 

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

Section 4. This act shall not apply to the city of Quincy. 

Approved February 24, 1954. 

An Act establishing the date upon which buildings Chav.lb^ 

AND structures, EXCEPT THE STATE HOUSE, OWNED OR 
OCCUPIED BY THE COMMONWEALTH OR ANY OF ITS POLITICAL 
SUBDIVISIONS SHALL COMPLY WITH CERTAIN PROVISIONS 
OF THE LAW RELATING TO THE SAFETY OF PERSONS IN 
BUILDINGS. 

Be it enacted, etc., as follows: 

Chapter 582 of the acts of 1948 is hereby amended by 
striking out section 3, and inserting in place thereof the 
f olloTvdng section : — Section 3. This act shall take effect on 
July first, nineteen hundred and fifty-seven. 

Approved February S4, 1954- 

An Act authorizing the city of quincy to lease certain Chav. 154: 

PORTIONS of the PROPERTY ACQUIRED BY IT FROM THE 
NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COM- 
PANY. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to 
lease to private interests, for a term not to exceed fifty years, 
such portions of the property acquired by it from the New 
York, New Haven and Hartford Railroad Company as are 
not deemed necessary for public use and occupancy. 

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

Approved February 24, 1954. 

An Act to provide for judicial review of proceedings pljnr) \^f\ 
OF BOARDS OF APPEAL UNDER CERTAIN PROVISIONS OF ^' 

LAW RELATING TO CITY CHARTERS. 

Be it enacted, etc., as follows: 

Chapter 43 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 9, as most recently amended by section 5 fto'^'am^ided 
of chapter 459 of the acts of 1948, and inserting in place 
thereof the following section : — Section 9. Within seventy judicial 
days after the petition has been filed with him by the peti- pr^celd'ings of 
tioners the city clerk shall, except as provided in section ten, boards of 
transmit a certified copy thereof to the city council, except certain '"ases. 
that the signatures upon the petition need not be copied but 
in place thereof the city clerk shall state the number of sig- 
natures of registered voters thereon, certified as such by the 
registrars of voters. If any question arises as to the validity 
or sufficiency of the petition or of the signatures thereon, any 
registered voter of the city may appeal for a determination 



94 



Acts, 1954. — Chap. 156. 



Costs. 



Question to 
be placed on 
official ballot. 



of said question to the applicable board referred to in section 
twelve of chapter fifty-three, by filing a notice of such appeal 
with the city council and with the clerk of the board of regis- 
trars of voters within eighty da3^s after the date the petition 
was filed with the city clerk by the petitioners, and the board 
so appealed to shall within thirty daj^s render a decision 
thereon. The board shall submit notice of its decision forth- 
with to the city council. 

Any person aggrieved by the decision of the board under 
this section may appeal to the superior court sitting in equity, 
for the county in which the city is located; provided, that 
such appeal is filed in said court within ten days after such 
decision is rendered. It shall hear all pertinent evidence and 
determine the facts and, upon the facts as so determined, 
annul such decision if found to be erroneous in law or not 
warranted by the evidence, or make such other decree as 
justice and equity may require. The foregoing remedy shall 
be exclusive, but the parties shall have all rights of appeal 
and exception as in other equity cases. 

No costs shall be alloAved against the board unless the 
court finds that it acted with gross negligence or in bad faith. 

Within ten days after the expiration of said period of 
eighty days, if no appeal has been taken, or after receipt of a 
decision on any appeal in favor of the validity or sufficiency 
of such petition or signatures, as the case may be, the city 
council shall, unless the number of valid signatures certified 
to it is found to be less than the number required by section 
seven, transmit such certified copy to the city clerk. If said 
certified copy is so transmitted to the city clerk at least 
thirty days before the regular city election, the question 
proposed by the petition shall be submitted upon the official 
ballot to a vote of the registered voters of the city at said 
regular city election, otherwise it shall be submitted at the 
regular city election next following the aforesaid election. 

Approved February ^4, 1954. 



Chap.l5Q An Act establishing the position of assistant to the 

STENOGRAPHER IN THE EXECUTIVE DEPARTMENT. 



G. L. (Ter. 
Ed.). 6, § 6, 
amended. 



Assistant to the 
stenographer in 
the executive 
department, 
authorized. 



Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by 
striking out section 6, as appearing in the Tercentenary' 
Edition, and inserting in place thereof the following sec- 
tion : — Section 6. The governor, with the advice and 
consent of the council, may appoint an executive secretary, 
a stenographer, an assistant to the stenographer and a 
messenger, each of whom shall hold office during the pleasure 
of the governor and council, shall perform the duties re- 
quired of him by the governor or by the governor and council, 
and shall receive such salary as may be fixed by the governor 
and council, not exceeding the sum annually appropriated 
therefor by the general court. 

Approved February 24, 1964- 



Acts, 1954. — Chaps. 157, 158, 159, 160. 95 



An Act relative to the authority of cities and towns Chap, 157 
TO regulate plumbing. 

Be it enacted, etc., as follows: 

Section 13 of chapter 142 of the General Laws, as amended e^o ; {Jl""'! i3. 
by chapter 284 of the acts of 1934, is hereby further amended etc./ameAded. ' 
by striking out, in hne 7, the word "waste". 

Approved February 24, 1954. 

An Act exempting certain churches and synagogues Chap. 15S 
from payment of the fees for licenses for the use 
of certain halls. 

Be it enacted, etc., as follows: 

Section 34 of chapter 143 of the General Laws, as most e^^{J3^'"-5 34 
recently amended by section 4 of chapter 541 of the acts of etc!, amended." 
1952, is hereby further amended by inserting after the word 
"issued", in line 6, the words: — ; provided, that no fee Exemption 
shall be required of any duly estabhshed church or synagogue \ll^ certain 
in connection with the use of a hall owned by it and used for 
rehgious or charitable purposes. 

Approved February 24, 1954. 

An Act designating the northeast expressway in the Chav 159 
city of chelsea as the father cyprian adamski me- ^' 

morial highway. 

Be it enacted, etc., as follows: 

So much of the Northeast Expressway as is located in the 
city of Chelsea shall upon its completion be designated and 
known as the Father Cyprian Adamski Memorial Highway 
and suitable tablets and markers bearing said designation 
shall be erected thereon in appropriate places by the de- 
partment of pubUc works. Approved February 24, 1954 



An Act authorizing the city of fall river to sell 

AND convey a portion OF MAPLEWOOD PARK TO THE 
ROMAN CATHOLIC BISHOP OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall River, by its proper au- 
thorities, is hereby authorized to sell and convey to the 
Roman Catholic Bishop of Fall River, a corporation sole, 
the following described portion of Maplewood Park, located 
in said city, namely, a certain parcel of land situated on 
Chicago street and shown on a plan of land entitled "Plan 
of Maplewood Park" dated January 22, 1954, bounded and 
described as follows: Southerly by Chicago street 265 feet; 
easterly by land now or formerly of Harry M. Wood and 
Eleanor B. Bhss 300.01 feet; northerly by other land of 
said Maplewood Park 238.46 feet; westerly by other land 



Chap.im 



96 Acts, 1954. — Chaps. 161, 162. 

of said Maplewood Park 164.30 feet; northerly again by 
other land of said Maplewood Park 381.41 feet; westerly 
again by Stafford road 9.39 feet; southerly again by land 
of the Roman Catholic Bishop of Fall River 352.96 feet 
and westerly again by said land of the Roman Catholic 
Bishop of Fall River 127.64 feet. 

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. 

Approved February 24, 1954. 

Chap. 161 -^N Act relative to the apportI'Ignment of costs of 

SEWERAGE AND SEWAGE DISPOSAL IN THE TOWN OF MAN- 
CHESTER. 

Be it enacted, etc., asfolloivs: 

Section 6 of chapter 373 of the acts of 1912 is hereb}-- 
amended by striking out the first sentence and inserting in 
place thereof the following sentence: — The town of Man- 
chester shall from time to time by vote determine what 
proportion of the cost of said system or systems of sewerage 
and sewage disposal the town shall pay. 

Approved February 24, 1954- 

Chap. 162 An Act authorizing police officers to carry weapons 

WHEN OFF DUTY. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Scctiou 98 of chapter 41 of the General Laws 

amendid is hereby amended by striking out the third sentence, as 

appearmg in the Tercentenary Edition, and inserting in 
Carrying of place thereof the following sentence: — They may carry 
poiice'officera, withiu the commouwealth such weapons as the mayor or 
regulated. Selectmen, the city or town manager, shall determine. 
G. L. (Ter. SECTION 2. Sectiou 61 of chapter 92 of the General Laws, 

amende^d.^^^' ^,8 SO appearing, is herebj' amended by striking out the first 
sentence and inserting in place thereof the following sen- 
Same subject, teuce: — The police appointed or employed by the commis- 
sion, except special women police officers, shall have within 
the metropolitan parks district, and within the towns outside 
said district wherein any of the property of the metropolitan 
water and sewerage districts is situated, all the powers of 
police officers and constables of towns of this commonwealth, 
except the power of serving and executing civil process, and 
may carry within the commonwealth such weapons as the 
said commission shall authorize. 

Avproved February 24, 1954. 



Acts, 1954. — Chaps. 163, 164, 165. 97 

An Act relative to the time of holding caucuses of QJidj) ^53 

POLITICAL parties IN THE TOWN OF WATERTOWN. 

Be it enacted, etc., as follows: 

The provasions of section ninety-one of chapter fifty- 
three of the General Laws to the contrary notwithstand- 
ing, caucuses of pohtical parties in the town of Watertown 
shall be held on the same day. 

The town clerk shall fix the day for the holding of such 
caucuses not later than the thirty-first day preceding the 
election, and the call for the same shall be issued by the 
chairman and secretary of the respective political parties. 

Approved February 24, 1954. 



An Act authorizing the city of boston to construct Qjidj) 154 
A municipal auditorium in said city. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized and 
empowered to construct, operate and maintain at a con- 
venient location in said city a municipal auditorium udth 
an exhibition hall, assembly hall and accessory rooms suit- 
able for exhibitions, conventions and other shows and gath- 
erings in said city. 

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

Approved February 24, 1954. 

An Act authorizing the town of stoughton to accept (Jfiav 165 
IN deferred or installment payments with interest 
the cost of certain sewer connections made in said 

TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Stoughton, acting through its 
board of selectmen, may, upon the written request of the 
owner of land in said town, construct a particular sewer or 
connecting drain from a common sewer or main drain to a 
house or building on such land. The expenses of such con- 
struction shall be paid out of any appropriation made therefor 
by the town. 

Section 2. The entire cost of constructing any particular 
sewer or connecting drain hereunder shall be assessed by said 
board upon the estate benefited thereby, and the provisions 
of sections six and seven of chapter eighty-six of the acts of 
nineteen hundred and eleven, not inconsistent hereudth, shall 
apply in such case to the same extent as if such construc- 
tion had been done within the limits of a public way and 
assessments therefor had been authorized by said chapter. 

Section 3. Section 6 of chapter 86 of the acts of 1911, 
as amended by section 1 of chapter 283 of the acts of 1938, 



98 Acts, 1954. — Chap. 166. 

is hereby further amended by striking out the next to the 
last sentence and inserting in place thereof the following 
sentence: — For the purpose of fixing the amount of such 
assessments the said board shall determine the value of the 
special benefit to each of said estates, respectively, from the 
said system or systems of sewers, taking into account all 
the circumstances of the case; and the proportionate part 
to be paid by the owners of said estates, respectively, shall 
be based upon the amount of the special benefit to each 
estate, determined as aforesaid; and every such owner 
shall, within three months after written notice of such assess- 
ment, served on him or on the occupant of his estate, or 
sent by mail to the last address of such owner known to 
said board of sewer commissioners, pay the sum so assessed 
to the collector of taxes of said town; provided, that said 
board may, and on the written request of any such owner 
made within the said three months shall, apportion such 
assessment into ten equal parts or assessments; and said 
board shall certify such apportionment to the assessors 
of the town, and one of said parts or installments, with 
interest, from the date of commitment to the collector to the 
date when interest on taxes becomes due and payable, at 
five per cent per annum, on the unpaid balance, shall be 
added by the assessors to the annual tax on such estate for 
each year next ensuing, until all of said parts have so been 
added, unless sooner paid as hereinafter provided ; and pro- 
vided, further, that nothing herein contained shall be con- 
strued to prevent the payment at any time in one payment, 
notwithstanding its prior apportionment, of any balance of 
said assessments then remaining unpaid, but interest on 
such balance at the rate of five per cent per annum shall 
be paid to the date of such payment, and thereupon the 
collector of taxes of said town shall receive the same and 
shall certify such payment or payments to the assessors 
who shall preserve a record thereof. 

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

Approved March 1, 1954- 



Chap.lQQ An Act authorizing the town of dennis to increase 

ITS CONTRIBUTION TOWARD THE COST OF MAINTAINING A 
FREE PUBLIC LIBRARY IN THE TOWN OF HARWICH. 

Be it enacted, etc., as folloivs: 

Section 1. Section 1 of chapter 264 of the acts of 1935 
is hereby amended by striking out, in line 2, the words "five 
hundred" and mserting in place thereof the words: — one 
thousand, — so as to read as follows: — Section 1. The 
town of Dennis may annually appropriate a sum of money 
not exceeding one thousand dollars and pay the same to 
the treasurer of The Chase Library Association, which main- 
tains a free public library in the town of Harwich, as a 
contribution by said town of Dennis toward the cost of 



Acts, 1954. — Chaps. 167, 168. 99 

maintaining said library; provided, that the inhabitants 
of the town of Dennis have free use of said Hbrary. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 19o4- 

An Act relative to the time of leasing alewife Qhav 167 

FISHERIES. ^' 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to protect the private rights 
of persons and to regulate the leasing of alewife fisheries 
under the laws relating to marine fish and fisheries without 
delay, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as folloios: 

Chapter 130 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 96, as appearing in section 1 of chap- fge.'efc^.' 
ter 598 of the acts of 1941, and inserting in place thereof amended.' 
the following section : — Section 96. Sections ninety-three, 
ninety-four and ninety-five shall not impair the private 
rights of any person under any law passed before April 
twenty-fifth, eighteen hundred and sixty-six, or under any 
contract existing on said date, or authorize a town to en- 
ter upon or build canals or sluiceways into a pond which 
is private property. Whenever in section ninety-three or Leasing of 
section ninety-four authority is granted to lease alewife fish- figl^ries, 
eries, such leasing shall be made at public auction, held regulated. 
in such city or town, each of such fisheries to be leased sepa- 
rately, and no such lease shall authorize the operation of 
any fishery thereunder subsequent to June fifteenth in any 
year. Notices of any auction hereunder shall be published 
and posted as provided by law for notices of town meetings, 
and every such lease shall terminate on June fifteenth. 

Approved March 1, 1954. 



An Act authorizing the city of boston to construct 
A municipal building at franklin field consisting of 
A gymnasium, swimming pool, auditorium and other 

ROOMS appropriate FOR PUBLIC GATHERINGS. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Boston is hereby authorized to 
construct a municipal building at Franklin Field in said city, 
to consist of a gymnasium, swimming pool, auditorium and 
other rooms appropriate for public gatherings. 

Section 2. For said purpose, said city may borrow, 
from time to time, such sums as may be necessary, not ex- 
ceeding, in the aggregate, one milUon dollars, and may issue 
bonds therefor, which shall bear on their face the words, 
City of Boston Franklin Field Municipal Building Loan, 
Act of 1954. Each authorized issue shall constitute a separate 



CAap.168 



100 Acts, 1954. — Chap. 169. 

loan and such loans shall be paid in not more than ten years 
from their dates. Indebtedness incurred under authority 
of this act shall be in excess of the statutory limit, but shall 
be subject to the applicable provisions of chapter forty-four 
of the General Laws, exclusive of the limitation contained in 
the first paragraph of section seven thereof. 

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

Approved March 1, 1954. 

Chap. 169 An Act authorizing the town of mashpee to sell and 

CONVEY A PORTION OF CERTAIN LAND HELD BY IT FOR 
PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Subject to the approval of the Mashpee 
Advisory Commission, the town of Mashpee, by its board of 
selectmen, may sell and convey to Mashpee Post No. 262, 
American Legion, for a nominal sum, and under such terms 
and conditions as it may impose, free and clear from any 
obligations to use the same for park purposes, a certain 
parcel of land situate in said town, and more particularly 
bounded and described as follows : — Beginning at a point 
at the southwesterly corner of land now owned by the town 
of Mashpee, (being Parcel No. 1, so called, on a "Plan of 
Land in Mashpee — Barnstable — Massachusetts, belong- 
ing to the Town of Mashpee" by Charles N. Savery, C. E., 
dated December 1951 and revised March 1953.) the said 
point being 40 feet northerly of a point standing in the 
northerly line of the land of Hotel Attaqiiin Inc.; thence 
northerly 29° 20' 10" east, a distance of 150 feet to a point; 
then southerly 60° 39' 50" east, a distance of 100 feet to a 
point; thence southerly 29° 20' 10" west, a distance of 150 
feet to a point; thence northerly 60° 39' 50" west, a distance 
of 100 feet, to a place of beginning; the said Parcel No. 1 
comprising approximately 0.34 acres. 

In addition, a right of way beginning at a C. B. standing 
in the easterly Une of Lake Avenue and the northerly line of 
land of Nina L. Wynn, (as shown on a "Plan of Land in 
Mashpee — Barnstable — Massachusetts, belonging to the 
Town of Mashpee" by Charles N. Savery, C. E., dated 
December 1951 and revised March 1953) thence easterly 
along the said northerly line of the land of the said Nina L. 
Wynn, a distance of 293.67 feet to a C. B., thence continuing 
easterly along the northerly line of the land of Hotel At- 
taquin Inc. and the northerly line of the land of Etta F. 
Tobey, a distance of 289.37 feet; thence northerly and 
making an angle of 90° on the left with the said northerly 
line of the land of Etta F. Tobey a distance of 40 feet to a 
point marking the southeasterly corner of Parcel 1; thence 
westerly and along the southerly line of said Parcel 1 a 
distance of 100 feet to a point marking the southwesterly 
corner of Parcel 1; thence westerly parallel to and 40 
feet northerly of the northerly line of the land of Hotel 



Acts, 1954. — Chaps. 170, 171. 101 

Attaquin Inc. and the northerly line of the land of Nina L. 
Wynn, to a point in the extension of the said easterly line of 
Lake Avenue. The above grant of land and right of way is 
made, provided that said American Legion Post shall erect 
a building thereon suitable for its purposes. 

Section 2. In the event that said land and right of 
way is not used on or before the first day of July, nineteen 
hundred and fifty-seven, for the purpose for which it was 
conveyed, then title to all of said land and right of way shall 
revert to and be vested in the town of Mashpee. If on said 
date said land and right of way is so used, but at any time 
thereafter the said land and right of way or any part of said 
land and right of way shall cease to be used for said puipose, 
the title to all of said land and right of way shall thereupon 
revert to the town of Mashpee. 

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

Approved March 1, 1954- 

An Act changing the name of the la whence municipal Qjidr, YJ{) 

HOSPITAL AND INFIRMARY. 

Be it enacted, etc., as folloios: 

Section 1. Section 38 of Part II of chapter 621 of the 
acts of 1911, as amended by section 1 of chapter 335 of the 
acts of 1953, is hereby further amended by striking out, in 
line 18, the words "Lawrence municipal" and inserting in 
place thereof the words: — Bessie M. Burke Memorial. 

Section 2. Section 39A of Part II of said chapter 621, 
inserted by section 2 of said chapter 335, is hereby amended 
by striking out. in line 2, the words "Lawrence municipal" 
and inserting in place thereof the words: — Bessie M. 
Burke Memorial. 

Section 3. Section 39B of Part II of said chapter 621, 
as so inserted, is hereby amended by striking out, in hne 8, 
the word "administrator" and inserting in place thereof the 
word : — superintendent. 

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

Approved March 1, 1954. 

An Act authorizing the town of west Springfield to Cfian 171 

permit ROBERT R. LEWIS TO BECOME A MEMBER OF ITS 

retirement system. 

He it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of general or 
special law to the contrary, Robert R. Lewis, a permanent 
employee of the water department of the town of West 
Springfield, shall be permitted to pay into the retirement 
system of said town within sixty days after the effective 
date of this act, the amount which he would have been 
required to pay if he had applied for and been accepted in 
said retirement system on December thirty-first, nineteen 



102 Acts, 1954. — Chaps. 172, 173, 174. 

hundred and fifty-two. Upon receipt of such payment, the 
retirement board of said town shall accord him full member- 
ship in said system in accordance with the provisions of 
sections one to twenty-eight, inclusive, of chapter thirty-two 
of the General Laws. 

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

Approved March 1, 1954- 

Chap. 172 An Act relative to the appointment of court officers 

IN BRISTOL COUNTY AND PROVIDING UNIFORMS FOR SAID 
OFFICERS. 

Be it enacted, etc., as follows: 

Edo," 2jf'§ 70, Section 1. Section 70 of chapter 221 of the General 
amended.' ' Laws, as appearing in the Tercentenary Edition, is hereby 

amended by inserting after the word "Suffolk", in hne 1, 

the word : — , Bristol, — and by inserting after the second 

paragraph the following paragraph : — 
£°BristS°^" For Bristol, two for ci\'il and criminal business, who shall, 
county. when required by the sheriff, attend the sessions of supreme 

judicial or probate court when not in attendance on the 

superior court. 
E(L)',22h' Section 2. Section 77 of said chapter 221, as amended 

§ 77,' etc.,' by chapter 120 of the acts of 1951, is hereby further amended 
amen e . ^_^ inserting after the word "in", the second time it appears 

in line 3, the word: — Bristol,. 
Ed^^J^' Section 3. Section 80 of said chapter 221, as amended 

§^b,'etc.' by section 4 of chapter 182 of the acts of 1935, is hereby 

further amended by inserting after the word "Middlesex", 

in lines 3 and 7, in each instance, the word: — , Bristol. 

Approved March 1 , 195 4. 



Chap. VIZ An Act authorizing the memorial hospital to hold 

ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as folloivs: 

The Memorial Hospital, incorporated by chapter eighty- 
seven of the acts of eighteen hundred and seventy-one, as 
amended, is hereby authorized to hold, for the purposes for 
which it is incorporated, real and personal estate to an 
amount not exceeding fifteen milUon dollars in value, in- 
cluding the amount which it is already authorized by law 
to hold. Approved March 1, 1954- 



Chap. 17 4 An Act defining "occupation" under the minimum 

WAGE LAW. 

Be it enacted, etc., as folloios: 

Ed^' 15^1 2 Section 2 of chapter 151 of the General Laws is hereby 
etc., 'amended', amended by striking out the paragraph defining "Occu- 
pation", as amended by section 3 of chapter 558 of the 



amended. 



Acts, 1954. — Chap. 175. 103 

acts of 1952, and inserting in place thereof the following 
paragraph : — 

"Occupation", an industry, trade or business or branch y^jj;*'r"the'°°"' 
thereof or class of work therein, whether operated for minimum 
profit or otherwise, and any other class of work in which Jeined^' 
persons are gainfully employed, but shall not include domestic 
service in the home of the employer, labor on a farm, the 
growing and harvesting of agricultural, floricultural and 
horticultural commodities, work by persons being rehabili- 
tated or trained under rehabilitation or training programs 
in charitable, educational or religious institutions, or work 
by members of reUgious orders. Occupation shall also not 
include outside sales work regularly performed by outside 
salesmen who regularly sell a product or products away 
from their employer's place of business and who do not make 
daily reports or visits to the office or plant of their employer. 

Approved March 1, 195\. 



An Act rel.itive to expenditures of money by the 
county commissioners of barnstable county for the 
purpose of promoting the recreational advantages 
of said county. 

Be it enacted, etc., as folloivs: 

Section 1. The county commissioners of Barnstable 
county may, for the purpose of advertising the recreational 
advantages of said county, expend such sums, not exceeding, 
in the aggregate, fifty thousand dollars in any one year, as 
may be appropriated therefor; provided, that such ex- 
penditures from money so appropriated shall not at any 
time be more than double the sum which shall have been 
contributed by public subscription or by donation deposited 
with the county treasurer for the purpose aforesaid. Said 
commissioners shall expend such sums only for advertising 
in newspapers, magazines and the like, or for booklets, 
posters or other forms of advertising, or for information 
booths within the county, or for displays or booths main- 
tained at fairs or expositions outside the county for the 
purpose of advertising such advantages. In carrying out 
the provisions of this act the commissioners may designate 
an agent or agents to act for them; pro\aded, that all bills 
incurred shall be accompanied by proper vouchers and 
shall be paid by the county treasurer only on warrants ap- 
proved by the county commissioners or a majority of them. 

Section 2. The state secretary shall cause to be placed 
on the official ballot to be used in the towns in Barnstable 
county at the biennial state election in the year nineteen 
hundred and fifty-four the following question: — "Shall an 
act passed by the General Court in the year nineteen hundred 
and fifty-four, entitled, 'An Act relative to expenditures of 
money by the county commissioners of Barnstable county 
for the purpose of promoting the recreational advantages of 



Chap.175 



104 



Acts, 1954. —Chaps. 176, 177. 



said county', be accepted?" If a majority of the votes 
cast in said county in answer to said question is in the 
affirmative, sections one and three of this act shall thereupon 
take full eft'ect, but not otherwise. 

Section 3. Chapter one hundred and sixty-nine of the 
acts of nineteen hundred and thirty-eight is hereby repealed. 

Approved March 1, 195 J{.. 



Chap. 17Q An Act relative to the investments of domestic in- 
surance COMPANIES IN LOANS UPON MORTGAGES. 



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

Loana by 
insurance 
companies 
upon mort- 
gages, 
regulated. 



Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is herebj^ amended by 
striking out section 65, as most recently amended by chapter 
41 of the acts of 1947, and inserting in place thereof the 
following section: — Section 65. No domestic company 
shall, except in effecting the sale of real estate owned by it, 
and then only with the approval of the commissioner, invest 
any of its funds in loans upon mortgages except upon the 
conditions expressed in paragraph 7 or paragraph 7A of 
section sixty-three; provided, that any such company may 
make and acquire such loans as are insured under the provi- 
sions of the National Housing Act or of any act in amend- 
ment thereof or in addition thereto; provided, further, that 
any loans heretofore or hereafter so made or acquired, or any 
loans heretofore or hereafter made or acquired which are 
guaranteed or insured under the Servicemen's Readjustment 
Act of 1944 or any amendment thereof, shall qualify as an 
investment for all purposes of section sixty-three. 

Approved March 1, 1954. 



Chap. Ill An Act requiring certain persons licensed to conduct 

BOXING OR SPARRING MATCHES TO PROVIDE INSURANCE 
FOR THE CONTESTANTS. 

Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by 
inserting after section 39A, inserted by chapter 232 of the 
acts of 1948, the following section: — Section S9B. Any 
person hcensed under section thirty-two to conduct boxing 
or sparring matches or exhibitions, except those persons to 
whom a special license may be granted thereunder without 
the requirement of a bond or of payment of the annual fee, 
shall take out a policy of accident insurance on each con- 
testant participating in such match or exhibition in the 
amount of one thousand dollars to compensate him for 
medical and hospital expenses incurred as the result of 
injuries received in such match or exliibilion; and in the 
amount of twenty-five hundred dollars in the event of death 
to said contestant resulting from participation in such match 
or exhibition, said twenty-five hundred dollars to be paid to 



G. L. (Ter. 
Ed.), 147, 
new § 39B, 
added. 

Insurance for 
contestiints 
in boxing 
matches, etc., 
required. 



Acts, 1954. — Chaps. 178, 179. 105 

the estate of the deceased contestant. The premiums on 
said poHcies shall be paid by the Ucensee. 

Approved March 1, 1954. 

An Act authorizing the Cambridge police mutual aid Chav.l7S 

ASSOCIATION TO HOLD ADDITIONAL REAL AND PERSONAL 

ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 246 of the acts of 1884 is hereby 
amended by striking out section 2 and inserting in place 
thereof the following section : — Section 2. Said corpo- 
ration for the purposes aforesaid shall have power to receive 
grants, devises, bequests and donations, and may hold real 
and personal estate not exceeding two hundred thousand 
dollars in value. 

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

Approved March 2, 1954. 



An Act authorizing credit unions to invest and deposit Q^qj) i 7q 

MONEY in co-operative BANKS. ^* 

Be it enacted, etc., as follows: 

Section 1. Section 21 of chapter 171 of the General g l. (Xer. 
Laws, as most recently amended by chapter 210 of the acts §2i.'e\c^,' 
of 1953, is hereby further amended by striking out, in lines '»'^<^°<ied. 
17 and 18, the words "the shares of" and inserting in place 
thereof the words: — paid up shares and accounts of and in, 
— so as to read as follows: — Section 21. The capital, investments 
deposits and surplus of a credit union shall be invested in by creTir'*^ 
loans to members, with approval of the credit committee, co-opeVJtive 
as provided in section twenty-two, and also when so required banks. 
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 Insurance Corporation, incorporated under 
the laws of this commonw^ealth, 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 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 paid up shares and accounts of and in co-operative 
banks incorporated in this commonwealth, or in the shares 
of savings and loan associations incorporated in the 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 ten thousand dollars in any one 
of such associations, but not more than five per cent of the 



authorized. 



106 



Acts, 1954. — Chap. 180. 



G. L. (Ter. 
Ed.), 171, 
§ 29, etc., 
amended 



Deposit of 
certain funds 
of credit 
unions in 
co-operative 
banks, 
authorized. 



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 credit union shall be carried as 
cash on hand or as balances due from banks and trust com- 
panies or banking companies which are members of the 
Federal Deposit Insurance Corporation, or invested in the 
bonds or notes of the United States, or of any state, or sub- 
division 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-established. Investments, 
other than personal loans, shall be made only with the ap- 
proval 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. 

Section 2. The second paragraph of section 29 of said 
chapter 171, as amended by section 7 of chapter 162 of the 
acts of 1950, is hereby further amended by inserting after 
the word "banks", in line 7, the words: — , or on paid up 
shares and accounts of and in co-operative banks, — so as 
to read as follows : — 

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

Approved March 2, 195Jf. 



Chap. ISO An Act extending daylight saving time to the last 

SUNDAY OF OCTOBER OF EACH YEAR. 



G. L. (Ter, 
Ed.), 4, § 10, 
amended. 



Be it enacted, etc., as follows: 

Section 10 of chapter 4 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out, in lines 4 and 9, the word "September" and inserting in 
place thereof, in each instance, the word : — October, — so 



Acts, 1954. — Chaps. 181, 182. 107 

that the first sentence will read as follows : — At two o'clock ^^^ ^^f^^g 
ante-meridian of the last Sunday in April of each year, the extended, 
standard time in this commonwealth shall be advanced one 
hour, and at two o'clock ante-meridian of the last Sunday in 
October of each year the standard time in this commonwealth 
shall, by the retarding of one hour, be made to coincide with 
the mean astronomical time of the degree of longitude govern- 
ing the zone wherein the commonwealth is situated the 
standard official time of which is described as United States 
standard eastern time, so that between the last Sunday of 
April at two o'clock ante-meridian and the last Sunday in 
October at two o'clock ante-meridian in each year the standard 
time in this commonwealth shall be one hour in advance of 
the United States standard eastern time. 

Approved March 2, 1954. 

An Act providing that certain bond premiums paid by QJiq/t) \^\ 
a plaintiff may be recovered as costs in civil ac- 

TIONS. 

Be it enacted, etc., as follows: 

Section 45A of chapter 223 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by §^45!^^^' 
adding at the end the following sentence: — Any premium amended. 
paid by the plaintiff to a surety company on a bond given as ^vn actions. 
security under this section may, in the discretion of the 
court, be taxed as costs if he prevails in the action in which 
the attachment is made. Approved March 2, 195^. 

An Act authorizing the board of park commissioners Chav.\S2 

OF THE CITY OF CHELSEA TO TAKE OVER THE POWERS AND 
DUTIES OF THE CHELSEA STADIUM COMMISSION AND OF 
THE TRUSTEES OF THE GARDEN CEMETERY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, the board of park commissioners of the city of 
Chelsea shall have and exercise all the rights, powers and 
duties now or from time to time vested by general or special 
law or by ordinance of said city in the Chelsea Stadium Com- 
mission and in the trustees of the Garden cemetery, and said 
stadium commission and the offices of trustees of the Garden 
cemetery are hereby abolished. No contracts or liabilities in 
effect on the effective date of this act shall be affected by 
such abolition, but the board of park commissioners shall in 
all respects be the lawful successor of the commission or 
ofiices so abolished. 

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

Approved March 2, 1954. 



108 



Acts,, 1954. — Chaps. 183, 184. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 53, § 44, 
etc., amended. 



Number of 
signatures for 
noHiinution 
at state 
primaries, 
required. 



Chap. 1S3 ^ ^CT RELATIVE TO THE NUMBER OF SIGNATURES RE- 
QUIRED FOR NOMINATION AT STATE PRIMARIES. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to make the number of signa- 
tures provided thereby effective for nominations to be made 
in the current year, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 44 of chapter 53 of the General Laws, 
as most recently amended by section 5 of chapter 406 of the 
acts of 1953, is hereby further amended by striking out the 
last sentence and inserting in place thereof the following two 
sentences : — Such papers for all other offices to be filled at 
a state election shall be signed by a number of voters, as 
follows: — for representative in congress, councillor, district 
attorney, clerk of courts, register of probate and insolvency, 
register of deeds, county commissioner, sheriff and county 
treasurer, two hundred and fifty voters; for state senator, 
fifty voters; for representative in the general court and 
commissioners to apportion Suffolk county, twenty-five 
voters. In Dukes and Nantucket counties such papers for 
nomination for all offices within the county to be filled at any 
state election shall be signed by twenty-five voters. 

Section 2. Section 7 of said chapter 53 is hereby amended 
by striking out the last three sentences, as appearing in sec- 
tion 5 of chapter 341 of the acts of 1938, and inserting in 
place thereof the following three sentences : — The regis- 
trars need not certify a greater number of names than are 
required to make a nomination, increased, in the case of a 
candidate for the office of state senator in a senatorial dis- 
trict lying wholly within one city or town, by one hundred 
per cent thereof, and in any other case, by one fifth thereof. 
Names not certified in the first instance shall not thereafter 
be certified on the same nomination papers. The state secre- 
tary shall not be required to receive nomination papers for 
a candidate after receiving such papers containing a suffi- 
cient number of certified names to make a nomination, in- 
creased by one fifth thereof except in the case of state 
senator. Approved March 3, 1954- 



G. L. (Ter. 
Ed.), 53, § 7, 
etc., amended. 



Certification 
of names by 
registrars. 



Exception. 



ChaV 184 ^ ^^^ MAKING AN APPROPRIATION TO SUPPLEMENT THE 
PROGRAM OF VOCATIONAL REHABILITATION FOR THE FIS- 
CAL YEAR NINETEEN HUNDRED AND FIFTY-FOUR. 

Be it enacted, etc., as follows: 

Section 1. To provide for additional expenses of the 
program of vocational rehabilitation, the sums set forth in 
section two of this act are hereby appropriated from the 
General Fund or ordinary revenue of the commonwealth, to 



Acts, 1954. — Chaps. 185, 186, 187. 109 

be in addition to any amounts at present available for the 
purposes. 
Section 2. 

1309-02 \ The balance available in item 1309-02 of 

1309-01 / section two of chapter four hundred and 
eighty-nine of the acts of nineteen hundred 
and fifty-three is hereby transferred and 
made available for the purposes of item 
1309-01. 

1309-01 Item 1309-01 of section two of chapter four 
hundred and eighty-nine of the acts of nine- 
teen hundred and fifty-three is hereby 
amended by striking out the words and 
inserting in place thereof the following : — 
For the expenses of the division of voca- 
tional rehabilitation .... 50,000 00 

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

Approved March S, 1954. 

An Act validating the acts of the planning board of Chap. 185 

THE TOWN OF WRENTHAM. 

Be it enacted, etc., as follows: 

Section 1. The acts of the planning board of the town 
of Wrentham, purporting to be established under section 
seventy of chapter forty-one of the General Laws, are hereby 
confirmed and made valid notwithstanding the prohibition 
contained in the second paragraph of said section seventy. 

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

Approved March 3, 1954. 

An Act requiring that all swordfish imported into (JJiaj) 186 

THE commonwealth FOR SALE BE PACKED IN ICE. 

Be it enacted, etc., as follows: 

Section 87 of chapter 130 of the General Laws, as appear- g. l. (Ter. 
ing in section 1 of chapter 598 of the acts of 1941, is hereby f sr.'itc*^,' 
amended by striking out, in lines 3 and 4, the words "boxes, amended.' 
crates or barrels and so iced" and inserting in place thereof 
the words : — ice so, — so as to read as follows : — Section S7. o™a^°o*^g°J 
No person shall import, or cause to be imported into this regulated, 
commonwealth for purposes of sale, any fresh swordfish 
unless properly packed in ice so as to prevent the same from 
becoming infected, contaminated or unwholesome. 

Approved March S, 1954. 

An Act relative to the transcripts of evidence and Qji^j) 137 

THE filing of APPEALS IN CERTAIN CRIMINAL CASES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 278 of the General Laws is hereby g. l. (Ter. 
amended by striking out sections 33A and 33B, as appearing fi^sslJIsB. 
in the Tercentenary Edition, and inserting in place thereof amended. 



no 



Acts, 1954. — Chap. 188. 



Transcripts 
of evidence 
in certain 
criminal oases. 



Appeals in 
such cases. 



Effective 
date. 



the two following sections: — Section S3 A. In any pro- 
ceedings or trial upon an indictment or complaint for any 
felony and for any misdemeanor tried with a felony, the 
evidence shall be taken by an official stenographer or by 
a stenographer appointed by the court, and transcribed in 
such number of copies as the court may direct, one copy to 
be furnished to a defendant who has filed a claim of appeal 
under the provisions of section thirty-three B. The evidence 
transcribed shall be designated as the "Transcript of the 
Evidence", shall be certified by the stenographer and shall, 
with such corrections as are made therein by direction of the 
court, be regarded as a true record of the evidence. Alleged 
errors in the transcript of the evidence must be seasona- 
bly called to the attention of the court. Exceptions taken 
during the proceedings and trial shall be numbered consecu- 
tively in the transcript of the evidence. The defendant 
shall pay for the expense of his transcript unless the court 
otherwise directs. 

Section 33B. A defendant in a case of any felony, and 
any misdemeanor tried with a felony, aggrieved by an opin- 
ion, ruling, direction or judgment of the superior court, 
rendered upon any question of law arising out of such case or 
upon any interlocutory ruling or a motion for a new trial, but 
not upon a plea in abatement, who desires to appeal there- 
from and whose exceptions thereto have been seasonably 
saved shall, within twenty days after verdict, file a claim of 
appeal in writing with the clerk, who shall forthwith notify 
the district attorney of such claim. 

Section 2. This act shall take effect on September 
first in the current year. Approved March 3, 1954. 



Chap. 188 An Act providing for sabbatical leave for certain 

TEACHERS AT THE BRADFORD DURFEE TECHNICAL IN- 
STITUTE OF FALL RIVER. 

Be it enacted, etc., as folloios: 

Any teacher in the Bradford Durfee technical institute of 
Fall River who has served as such in the aforenamed state 
institute for at least seven years after entering such service 
or, if a leave of absence has previously been granted to him 
hereunder, after the termination of the last such leave may 
upon written recommendation of the president of the insti- 
tute, be granted by the commissioner of education 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 
department that upon the termination of such leave he will 
return to the state textile school service and serve as a teacher 
in the same or another of the state textile schools 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- 



Acts, 1954. — Chaps. 189, 190. Ill 

wealth, unless excused therefrom by the department for rea- 
sons satisfactory to it, an amount equal to such propor- 
tion 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. 

Approved March S, 19o4- 

An Act relative to the cost of boarding out of mental (J^qj) j^gg 

PATIENTS. 

Be it enacted, etc., as follows: 

Section 16 of chapter 123 of the General Laws, as most ej^^Js®'' 
recently amended by chapter 497 of the acts of 1951, is §i6.'etc.,' 
hereby further amended by striking out, in line 9, the word ''™'^°'i®^- 
"two" and inserting in place thereof the word: — three, — 
so as to read as follows: — Section 16. The superintendent o{°cmSn°"* 
of each state hospital may place at board in a suitable family mental 
or in a place in this commonwealth or elsewhere any patient p'^*^**'''*^- 
in such hospital who is in the charge of the department and 
is quiet and not dangerous nor committed as a dipsomaniac 
or inebriate, nor addicted to the intemperate use of nar- 
cotics or stimulants. The cost to the commonwealth of the Cost to 
board of such patients supported at the public expense shall H^ted""^^'*'*'^ 
not exceed three dollars a day for each patient. The de- 
partment shall have the same authority in the case of pa- 
tients directly committed to it. Approved March 3, 1954. 

An Act further regulating the fees payable by appli- Chap. 190 

CANTS FOR registration AS MASTER ELECTRICIAN OR 

journeyman electrician. 
Be it enacted, etc., as folloivs: 

Section 1. Section 3 of chapter 141 of the General Laws g. l. (Ter. 
is hereby amended by striking out clause (3), as appearing ^mendeli.' ^^' 
in the Tercentenary Edition, and inserting in place thereof 
the following clause : — 

(3) Persons desiring an examination shall make written Fees, 
application therefor, accompanied by the proper fee, which 
shall be twenty-five dollars for "Certificate A" and five 
dollars for "Certificate B". For each re-examination for 
"Certificate A", he shall pay fifteen dollars and for "Cer- 
tificate B", one dollar. 

Section 2, Clause (5) of said section 3 of said chapter 141, g^l. (Xer 
as so appearing, is hereby amended by striking out, in line 2, further ' 
the words "one dollar", and inserting in place thereof the *™®'^d<"i- 
words : — two dollars, — so as to read as follows : — (5) Each 
"Certificate B" shall expire on July thirty-first in each year, 
but may be renewed upon payment of a fee of two dollars, 
and upon the same conditions set forth in the preceding 
paragraph. Approved March S, 1954. 



112 



Acts, 1954. — Chaps. 191, 192, 193. 



Chap. 191 An Act regulating the disposal of containers used 

FOR REFRIGERATIVE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 271 of the General Laws is hereby- 
amended by striking out section 46, inserted by chapter 187 
of the acts of 1953, and inserting in place thereof the follow- 
ing section: — Section J^6. Whoever, having been the 
owner of a container originally used for refrigerative pur- 
poses, fails to remove the door or doors from the same before 
discarding or setting it aside for failure to use 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. 

Section 2. The commissioner of pubHc safety shall 
notify in writing the police authorities throughout the 
commonwealth of their duty to enforce the provisions of 
section forty-six of chapter two hundred and seventy-one 
of the General Laws. Approved March 3, 195 Jf. 



G. L. (Ter. 
Ed.). 271. 
5 46, etc.. 
amended. 

Disposal of 

refrigerator 

containers, 

regulated. 

Penalty. 



Duty of 
commissioner 
of public 

safety. 



Chap. 192 An Act authorizing the city of waltham to connect 

WITH THE sewer NOW SERVING THE MIDDLESEX COUNTY 
tuberculosis HOSPITAL AND THE METROPOLITAN STATE 
HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The city of Waltham is hereby authorized, 
subject to the approval of the department of public health, 
to connect with the sewer now serving the Middlesex county 
tuberculosis hospital and the Metropolitan state hospital for 
the purpose of providing additional facilities for the disposal 
of sewage by said city. 

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

Approved March 4, 1954- 



Chap. 19S An Act providing for double assessment of the cor- 
porate excess tax in cases of delinquent or fraudu- 
lent tax returns of corporations. 

Be it enacted, etc., as folloios: 

Chapter 63 of the General Laws is hereby amended by 
striking out section 46, as appearing in the Tercentenary 
Edition, and inserting in place thereof the folloTvdng sec- 
tion : — Section 46. If no return, or an incorrect or insufficient 
return, has been filed, and the corporation so in default 
refuses or neglects after notice to file a proper return, or if 
a fraudulent return has been filed, the commissioner shall in 
case of a domestic corporation determine its income and its 
corporate excess, and in case of a foreign corporation its 
income and corporate excess employed by it within the com- 
monwealth according to his best information and beUef, and 



G. L. (Ter. 
Ed.), 63. § 46, 
amended. 



Pen.ilty for 
delinquent or 
fraudulent 
tnx returns of 
corporations. 



Acts, 1954. —Chaps. 194, 195. 113 

shall assess the same at double the amount so determined, 
which additional tax shall be in addition to the other penalties 
provided by this chapter. Approved March Jf, 1954. 

An Act relative to the admissibility in evidence of Chap. 194 

MEDICAL REPORTS OF AN EMPLOYEE AL\DE FOR THE EM- 
PLOYER OR INSURER. 

Be it enacted, etc., as follows: 

Chapter 152 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 20A, inserted by chapter 468 of the acts f 20A!etc., 
of 1945, and inserting in place thereof the following section : — amended. 
Section 20 A. Any employer who maintains a clinic, dis- Admissibility 
pensary or hospital for the treatment of injured employees J," lllt^dn^ 
and any insurer who maintains a clinic, dispensary or hospital ™''^atLT^°'^**' 
for the treatment of injured employees of any insured shall, 
upon request of any injured emploj'ee attending such a 
clinic, dispensarj' or hospital, or of his attorney, furnish 
such employee or his attorney, at cost, with copies of reports 
of all medical examinations of the injured employee made 
while at such clinic, dispensary or hospital, shomng the 
history obtained, the nature of the treatment given or pre- 
scribed, the diagnosis and the prognosis. No such medical 
report shall upon objection by the claimant be admissible in 
evidence in any proceeding under this chapter, unless a copy 
thereof has been furnished to the claimant, or a person acting 
in liis behalf, or to his attorney, within twenty daj's after a 
written request therefor. Approved March \, 1954. 



An Act relative to the method of assessing the 

AMOUNT which THE COMMONWEALTH MAY BE CALLED 
UPON TO PAY THE METROPOLITAN TRANSIT AUTHORITY 
ON ACCOUNT OF A DEFICIENCY AS OF THE LAST DAY OF 
DECEMBER, NINETEEN HUNDRED AND FIFTY-THREE. 

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 section 1 of chapter 239 of the acts of 1953, is hereby 
further amended by inserting after the word "fifty-two", 
in Une 22, the words : — , or on account of a deficiency as 
of the last day of December, nineteen hundred and fifty- 
three, — 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 



Chap.195 



114 Acts, 1954. — Chap. 196. 

proportion to the number of persons in said cities and towns 
using the service of the authority at the time of said pay- 
ment, 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 authority 
on account of a deficiency as of the last day of December, 
nineteen hundred and forty-nine or on account of a defi- 
ciency as of the last day of December, nineteen hundred and 
fifty or on account of a deficiency as of the last day of De- 
cember, nineteen hundred and fifty-one, or on account of a 
deficiency as of the last day of December, nineteen hundred 
and fifty-two, or on account of a deficiency as of the last 
day of December, nineteen hundred and fifty-three, with 
interest and other charges incurred in borrowing the money 
for the purpose, shall be assessed upon the cities and towns 
constituting the authority as provided by section twenty 
of chapter fifty-nine of the General Laws, as amended, in 
proportion to the amounts paid under the last preceding 
assessment under section fourteen of chapter one hundred 
and fifty-nine of the Special Acts of nineteen hundred and 
eighteen. 
Section 2. This act shall take effect upon its passage. 

Approved March 9, 1954- 



C/iap. 196 An Act relative to the rates of fare and charges for 

SERVICE of the METROPOLITAN TRANSIT AUTHORITY. 

Be it enacted, etc., as follows: 

Section 1. Section 11 of chapter 544 of the acts of 1947, 
as most recently amended by section 1 of chapter 612 of the 
acts of 1952, is hereby further amended by striking out the 
first paragraph and inserting in place thereof the following 
paragraph: — The trustees, subject to the approval of the 
department, shall from time to time fix such rates of fare 
and charges for service furnished or operated as in their 
judgment will produce as much income as is feasible con- 
sidering the effect of such rates of fares and charges for 
service upon the use of the service furnished or operated 
and the economic welfare of the territory constituting the 
authority and considering all other factors deemed pertinent 
by the trustees; provided, however, that rates of fare and 
charges for service shall at all times be so fixed that they 
shall not produce in any year an income of more than two 
million dollars in excess of the amount necessary to meet 
the cost of the service in such year and the restoration of 
the reserve fund provided for by section thirteen to the 
amount originally established for such fund; and provided, 
further, that rates of fare and charges for service shall at 
all times be so fixed that they shall produce sufficient in- 
come to meet at least that portion of the cost of the service 
which is determined by excluding from the cost of the 



Acts, 1954. — Chaps. 197, 198, 115 

service the following: — (1) payments of interest and pay- 
ments in reduction of principal on the bond of the authority 
issued to the district under section seven A; (2) payments 
of interest on the bond of the authority executed and de- 
livered to the district under paragraph (c) of section eight A 
and payments of all sums payable by the authority on its 
note executed and delivered to the district under said para- 
graph (c); (3) payments of interest (with credit or charge, 
if any, for amortization of premium, discount and expense) 
and payments of principal on bonds and notes of the au- 
thority issued to the district under section twenty-two; (4) 
payments of interest (with credit or charge, if any, for 
amortization of premium, discount and expense) on all 
bonds of the authority issued to the district under para- 
graph (j) of section eight A and under section six of chapter 
six hundred and forty-nine of the acts of nineteen hundred 
and forty-nine; (5) payments of rentals and other charges 
under leases or contracts for use of subway and rapid transit 
facilities owned by the commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved March 9, 1954. 



An Act making an appropriation for the expenses of Chav. 197 

THE special commission TO STUDY COMMUNISM AND 
SUBVERSIVE ACTIVITIES FOR THE FISCAL YEAR NINETEEN 
HUNDRED AND FIFTY-FOUR. 

Be it enacted, etc., as follows: 

Section 1. To provide for additional expenses of the 
special commission to study communism and subversive 
activities, the sum set forth in section two of this act is 
hereby appropriated from the General Fund or ordinary 
revenue of the commonwealth, to be in addition to any 
amount at present available for the purpose. 

Section 2. 

0298-00 For an investigation and study of communism 
in the commonwealth, as authorized by- 
chapter eighty-nine of the resolves of nine- 
teen hundred and fifty- three . 18,000 00 

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

Approved March 9, 1954. 

An Act authorizing the town of marion to appropri- Chav.l^^ 

ATE MONEY FOR AND PURCHASE CERTAIN EXISTING WATER 
MAINS ON PINEY POINT IN MARION. 

Be it enacted, etc., as follows: 

Section 1. The town of Marion is hereby authorized to 
acquire by purchase thirty-three hundred and eighteen feet 
of existing water main, consisting of six-inch transit pipe, 
on Piney Point in East Marion, from Piney Point Estates, 



116 Acts, 1954. — Chaps. 199, 200, 201. 

Inc., and for this purpose may appropriate the sum of 
eighty-five hundred and thirty-seven dollars and eighty-one 
cents from free cash in its treasury. 

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

Approved March 9, 1954- 

Chap. 199 ^ Act reviving Cambridge trucking company. 

Emergency Whcreas, The deferred operation of this act would delay 

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

Be it enacted, etc., as follows: 

Cambridge Trucking Company, a corporation dissolved 
by section one of chapter fifty-four of the acts of nineteen 
hundred and thirty-six, is hereby revived, with the same 
powers, duties and obligations as if said chapter had not 
been enacted into law, for a period of one hundred and eighty 
days from the effective date of this act. The provisions of 
paragrapli (c) of section three of chapter one hundred and 
fifty-nine B of the General Laws shall not apply to said cor- 
poration with respect to its failure to render service prior to 
the effective date of this act. Approved March 9, 1954- 

Chap.200 An Act increasing the renewal fees for plumbers' 

licenses. 

Be it enacted, etc., as follows: 

G L. (Ter ^ Chapter 142 of the General Laws is hereby amended by 
ameAded.' ""' Striking out scctiou 5, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
Fees, tion : — Section 5. The fee for the first hcense of a master 
plumber shall be fifteen dollars; for any renewal thereof 
eight dollars; and for an examination therefor, five dollars. 
The fee for the first license of a journeyman shall be five 
dollars; for any renewal thereof three dollars; and for an 
examination therefor, five dollars. 

Approved March 9, 1954- 

Chap.201 An Act relative to filling a vacancy in the office 

OF selectman. 

Be it enacted, etc., as follows: 

Ed^'i^^l'io Chapter 41 of the General Laws is hereby amended by 

ameAdeci. ' Striking out sectiou 10, as appearing in the Tercentenary 

Edition, and inserting in place thereof the follomng see- 

Fiiiing oi cer- ^iou : — Scction 10. If there is a failure at an election to 

tain vacancies ,_, , ^ ± -r 

in town offices, choose a towu orncer, except a selectman, or u a person 
regulated. choscu shall uot acccpt such office, or if a vacancy shall 

occur, the town may at any meeting elect a person to such 

office. 



Acts, 1954. — Chap. 202. 117 

If, at an election of town officers for which official ballots 
are used, there is a failure to elect a town officer, he may be 
elected at an adjourned or succeeding meeting; and ballots 
shall be prepared and furnished for such meeting, contain- 
ing the nominations already made and such as may subse- 
quently be made for the office. 

The proceedings in such election and the qualifications 
of a person to be elected or appointed in case of failure to 
elect, refusal to accept or vacancy shall be the same as in an 
original election. 

If there is a failure to elect or a vacancy occurs in the 
office of selectman, the remaining selectmen or selectman 
may call a special election to fill the vacancy and shall call 
such election upon the request in \vriting of two hundred 
registered voters of the town, or twenty per cent of the 
total number of registered voters of the town, wliichever 
number is the lesser; provided, that such request is filed 
\vith them or him not less than one hundred days prior to 
the date of the next annual election. 

Approved March 9, 195 1^. 



An Act providing for a competitive examination for (JIiqt) 202 
patrolman in the police department of the town 
of westford, and establishing a maximum age limit 
therefor. 

Be it enacted, etc., as follows: 

Section 1. The director of civil service may, upon 
request of the appointing authority, hold an open competi- 
tive examination for patrolman in the to^vn of Westford 
witfiin six months after the effective date of this act. Not- 
withstanding any provision of law relative to the maximum 
age limits for applicants to a police department, such ex- 
amination shall be open to any person who has not passed 
his forty-fifth birthday. 

Section 2. This act shall be submitted to the voters of 
the town of Westford at the annual town meeting to be 
held in the year nineteen hundred and fifty-four 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, or shall be submitted to the voters of said 
town at a special town meeting called for the purpose in 
the form of the following question, which shall be placed 
upon the official ballot to be used at said special town meet- 
ing: — "Shall an act passed by the general court in the 
year nineteen hundred and fifty-four, entitled 'An act 
providing for a competitive examination for patrolman in 
the poUce department of the town of Westford, and estab- 
lishing a maximum age limit therefor' 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 9, 1954. 



118 Acts, 1954. — Chaps. 203, 204, 205. 

Chap. 203 An Act relative to the investment of the funds of 

FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as follows: 

Edo'iTe'iis Section 18 of chapter 176 of the General Laws, as most 
etc., 'amended. ' recently amended by section 2 of chapter 336 of the acts of 
1941, is hereby further amended by adding at the end the 
cerTafiffunda of f oHowing Sentence : — Any society, having admitted assets 
fraternal bene- as shown by its annual statement filed with the commis- 

fit societies, • ■ p 1.111/2 j^ e ■ ^ ±- 

regulated. sioner m excess oi one hundred and nve per cent oi its entire 
liabihties, including its required reserves, provided such 
reserves are at least equivalent to the amount required by 
the American Experience Table of Mortahty with interest 
at two and one half per cent per annum, may invest an 
amount not exceeding five per cent of its funds in the capital 
stock of a trust company incorporated in and doing business 
in the commonwealth, or of a national banking association 
incorporated under federal law and located in any one of 
the New England states, if such trust company or associa- 
tion has paid dividends in cash of not less than four per 
cent on its capital stock in each of the five years next pre- 
ceding the date of the investment, and if the amount of 
surplus of such trust company or association is at least 
equal to fifty per cent of the amount of its capital stock. 

Approved March 9, 1954- 

Chap. 204 An Act authorizing the town of rowley to borrow 

MONEY FOR WATER SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

For the purpose of extending its water mains from the 
corner of Haverhill street and the Turnpike to the corner 
of Boxford road and Haverliill street, the town of Rowley 
may borrow from time to time, within five years from the 
passage of this act, such sums as may be necessary, not ex- 
ceeding in the aggregate fifty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words Rowley Water Loan, Act of 1954. Each author- 
ized issue shall constitute a separate loan, and such loans 
shall be paid in not more than fifteen years from their 
dates. Indebtedness incurred under this act shall be in 
excess of the statutory limit and shall, except as provided 
herein, be subject to the appHcable provisions of chapter 
forty-four of the General Laws. 

Approved March 9, 195 Jf. 

Chap. 20b ^^ -^^"^ giving permanent civil service status to 

GEORGE S. HIGGINS, A PATROLMAN OF THE TOWN OF WIN- 
CHENDON. 

Be it enacted, etc., as follows: 

Section 1. George S. Higgins shall, on the effective 
date of this act, be given civil service status as a permanent 



Acts, 1954. — Chaps. 206, 207. 119 

patrolman in the town of Winchendon; provided, however, 
that he passes a quahfying examination to which he shall be 
subjected by the division of civil service within nine months 
of the effective date of this act; and, provided further, that 
members of the reserve police force of the town of Win- 
chendon and persons on the estabUshed eligible list for 
police entrance for the town of Winchendon refuse, upon 
certification by the division of civil service, to accept such 
position. 

Section 2. This act shall be submitted to the voters of 
the town of Winchendon at a town meeting held in the year 
nineteen hundred and fifty-four in the form of the following 
question, which shall be placed upon the official ballot to be 
used at said meeting: — "Shall an act passed by the gen- 
eral court in the year nineteen hundred and fifty-four, en- 
titled 'An act giving permanent civil service status to 
George S. Higgins, a patrolman of the town of Winchendon ' 
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 9, 1954- 

An Act providing for the construction by the depart- Chap. 20Q 

MENT OF PUBLIC WORKS OF A FOOTBRIDGE AT BEAVER 
street in the CITY OF REVERE. 

Be it enacted, etc., as follows: 

Section 1. The department of public works is hereby 
authorized and directed to construct a footbridge over the 
tracks of the Metropolitan Transit Authority at Beaver 
street in the city of Revere. Said department is hereby 
authorized to expend such sums as may be appropriated 
therefor. 

Section 2. The city of Revere shall maintain and repair 
the said bridge and shall provide police protection on or 
about said bridge. 

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

Approved March 11, 195 4. 



An Act authorizing the transfer of a certain parcel Chap.207 

OF LAND IN THE CITY OF FALL RIVER FROM THE PARK 
department to THE SCHOOL COMMITTEE OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The park department of the city of Fall 
River is hereby authorized to transfer, free from all restric- 
tions, to the school committee of said city, a certain parcel 
of land in said city acquired for park or other recreational 
purposes, and bounded and described as follows : — 

Beginning at a point in the southerly line of Hood street 
at a point 163.92 feet easterly of the southeasterly corner 
of North Main and Hood streets, and at the northeasterly 



120 Acts, 1954. — Chaps. 208, 209. 

corner of the land of Park United Church; thence running 
easterly in the southerly line of Hood street 611 feet for a 
corner; thence turning an angle of 90° and running southerly 
107 feet for a corner; thence turning an interior angle of 
135° and running southwesterly 195 feet for a corner; thence 
turning an exterior angle of 135° and running southerly 
about 160.12 feet to a point in a Une of the extension of the 
northerly line of Brownell street; thence turning and run- 
ning westerly in said Une about 529.72 feet to a point in 
the northerly line of Brownell street which point is 42 feet 
westerly of the northeasterly corner of Brownell and Rock 
streets; thence turning and running northerly about 275.98 
feet to the southeasterly corner of the land of the Park 
United Church; thence turning and running northeasterly 
by the easterly line of said church land about 141 feet to 
the northerly line of Hood street and to the point of be- 
ginning. 

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

Approved March 11, 1954. 

Chav. 208 An Act validating and confirming certain action 

TAKEN BY THE TOWN OF SOUTH HADLEY RELATIVE TO 
THE CONSTRUCTION OF SEWAGE TREATMENT WORKS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 29 of the acts of 1954 is hereby 
amended by inserting after section 1 the following section : — 
Section. lA. Action taken In' the town meeting in the town 
of South Hadley held on March fifteenth, nineteen hundred 
and fifty-two shall be as valid and effective as though said 
act as amended by section one hereof had been 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 March 11, 1954-- 

Cha7).209 An Act establishing minimum housing standards and 

' RULES AND REGULATIONS RELATIVE THERETO AND DE- 

FINING THE POWERS OF LOCAL BOARDS OF HEALTH RELA- 
TIVE TO DWELLING PLACES. 

Emergency Whercas, The deferred operation of this act would tend 

preamble. ^^ defeat its purposc, which is to make effective without 
delay the clarification of the existing statute establishing 
minimum standards and rules and regulations on housing 
as they affect public health and safety, therefore it is hereby 
declared to be an emergency law necessary for the immediate 
preservation of the public health and safety. 
Be it enacted, etc., as follow s: 

G. L. (Ter. SECTION 1. Sectiou 128 of chapter 111 of the General 

§\28, repealed. Laws is hereby repealed. 

Section 2. Said chapter 111 is hereby amended by 
inserting after section 128A the four following sections: — 



Acts, 1954. — Chap. 209. 121 

Section 128B. A building, structure, mobile dwelling place, g. l. (Ter. 
tenement, room or cellar occupied as a dwelling place must new^'iiVisB- 
be so used and maintained that it shall be fit for such purpose, i^se, added. 

The board of health may examine such buildings, struc- Minimum 
tures, mobile dwelling places, tenements, rooms or cellars stTnd"fds, 
in its city or town to determine if any such dwelling place estabiisiied. 
has become, by reason of the number of occupants, un- 
cleanliness or other cause unfit for such purpose, or may 
become a nuisance or cause of sickness or a cause of home 
accident to the occupants or to the pubUc. 

In the absence of regulations adopted under section one 
hundred and twenty-eight C any building or portion thereof 
which is leased, rented or occupied as a dweUing place shall 
comply with the following housing standards: — (1) The 
building and premises appurtenant thereto shall be kept 
reasonably clean and free from rubbish. (2) Floors, ceilings, 
walls, stairs and windows shall be kept in good repair and 
serviceable. (3) Cellar, basement, floors, walls and ceiUngs 
shall be reasonably free from dampness. (4) Water closets 
and drains therefrom shall be in repair and working order. 
(5) lieat-generating equipment shall be reasonably ade- 
quate and in a safe and serviceable condition. 

If an examination under this section discloses that a 
building or portion thereof does not so comply, the board of 
health may determine that the building or portion thereof 
is unfit for human habitation. 

Section 128C. The department of public health shall, or a Regulations, 
local board of health may, after notice to all persons deemed hearings, etc. 
interested and a public hearing, make, and from time to 
time amend, alter or repeal, such regulations as are deemed 
reasonable and necessarj'' to establish the minimum standards 
of fitness for human habitation. Such regulations shall be 
in accordance with accepted standards of public health, 
sanitation, housing and home safety practice, and may 
define the responsibilities of owners and tenants. A certified 
copy of such regulations adopted by the department of 
public health or local board of health shall be deposited 
with the state secretary. Regulations made by the depart- 
ment of public health shall be effective in any city or town 
upon acceptance in a city by vote of the city council, or in a 
town by vote of the iovm. A certified copy of acceptance 
shall be deposited with the state secretary and the com- 
missioner of public health. Regulations made by a local 
board of health shall become effective upon passage by the 
board, and pubhcation once in a newspaper of local dis- 
tribution. 

A copy of said regulations shall be available to the public 
at all reasonable hours in the oflice of the clerk in such city 
or town, or in the office of the board of health. Such regu- 
lations shall be enforced by such board of health, or health 
officer, as the case may be. 

Section 128D. Upon a determination by the board of net'-miination 
health, after examination as provided in section one hundred " 



122 



Acts, 1954. — Chap. 210. 



Orders, etc. 



Penalty. 



Jurisdiction in 
superior court. 



and twenty-eight B that a building, tenement, room, cellar, 
mobile dwelling place or any other structure (a) is unfit for 
human habitation, (h) is or may become a nuisance, or 
(c) is or may be a cause of sickness or home accident to the 
occupants or to the public, it may issue a written order to 
the owner or occupant or any of them thereof, requiring the 
owner or occupant to vacate, to put the premises in a cleanly 
condition, or to comply with the housing standards set forth 
in section one hundred and twenty-eight B which are not 
complied with. The order shall be served in the same 
manner as is provided for the service of an order by section 
one hundred and twenty-four of chapter one hundred and 
eleven. If the owner or occupant refuses to comply with 
such order, the board of health may cause the premises to 
be properly cleaned at the expense of the owner or occupant, 
remove the occupant forcibly and close up the premises, 
or proceed under section one hundred and twenty-eight E. 
Premises closed up under the provisions of this section shall 
not be occupied as a human habitation without written 
permission of the board of health. An owner who knowingly 
occupies or permits the premises to be occupied 'without 
such permission, or who knowingly violates any regulation 
adopted under the provisions of section one hundred and 
twenty-eight C, shall be punished by a fine of not less than 
ten nor more than fifty dollars for each day of violation. 

Section 128E. Instead of proceeding under section one 
hundred and twenty-eight D, the board of health, if satisfied 
that such a building or portion thereof in its town is unfit 
for human habitation, may issue a written notice to the 
owner of such building, as appearing in the current records 
of the assessors of such town, setting forth the particulars 
of such unfitness and requiring that the conditions be 
remedied. If the person so notified fails within a reasonable 
time to remedy the conditions thus set forth, the superior 
court, on a petition in equity brought by the board of health, 
shall have jurisdiction, by injunction or otherwise, to enforce 
the requirements of the board of health. 

Approved March 11, 1954 



Chap. 210 An Act relative to expenditures of money by the 

COUNTY COMMISSIONERS OF BERKSHIRE COUNTY FOR THE 
PURPOSE OF PROMOTING THE RECREATIONAL ADVANTAGES 
OF SAID COUNTY. 

Be it enacted, etc., 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 exceed- 
ing, in the aggregate, thirty 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 double the sum which shall have been 
contributed by public subscription or by donation deposited 



Acts, 1954. — Chaps. 211, 212. 123 

with the county treasurer for the purpose aforesaid. 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 provi- 
sions of this act the commissioners may designate an agent 
or agents to act for them; provided, that all bills incurred 
shall be accompanied by proper vouchers and shall be paid 
by the county treasurer only on warrants approved by the 
county commissioners or a majority of them. 

Section 2. Chapter thirty of the acts of nineteen hun- 
dred and thirty-eight, as amended, is hereby repealed. 

Section 3. The state secretary shall cause to be placed 
on the official ballot to be used in the towns in Berkshire 
county at the biennial state election in the year nineteen 
hundred and fifty-four the following question: — "Shall an 
act passed by the General Court in the year nineteen hun- 
dred and fifty-four, entitled 'An Act relative to expenditures 
of money by the county commissioners of Berkshire county 
for the purpose of promoting the recreational advantages of 
said county', be accepted?" If a majority of the votes cast 
in said county in answer to said question is in the affirmative, 
this act shall thereupon take full effect, but not otherwise. 

Approved March 11, 1954- 

An Act increasing the amount of money allowed for Chav 211 

TRAVELING EXPENSES TO PROBATION OFFICERS OF THE 
district COURTS IN THE COUNTY OF BARNSTABLE. 

Be it enacted, etc. , as follows: 

Subject to the applicable provisions of section eighty-one 
of chapter two hundred and eighteen of the General Laws, 
and notmthstanding the provisions of section ninety-four of 
chapter two hundred and seventy-six of the General Laws, 
probation officers of the district courts in the county of 
Barnstable shall be reimbursed by the county for their ac- 
tual disbursements for necessary expenses incurred while 
in the performance of their duties, including their reasonable 
traveling expenses in attending conferences authorized by 
section ninety-nine of said chapter two hundred and seventy- 
six, not exceeding six hundred dollars to each in any one 
year, upon vouchers approved by the court by which they 
are appointed. Approved March 11, 1954. 

An Act placing the positions of the regular or perma- diaj) 212 

NENT members OF THE POLICE FORCE OF THE TOWN OF 
ACTON UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section L The positions of the regular or permanent 
members of the police force of the town of Acton shall, upon 
the effective date of this act, become subject to the civil 
service laws and rules relating to police officers in towns, and 



124 



Acts, 1954. — Chaps 213, 214. 



the tenure of office of any incumbent thereof who, on said 
effective date, shall have served a minimum of two years of 
regular duty, shall be unlimited, subject, however, to said 
laws; provided, that he shall pass a qualifying examination 
for said position, to which he shall be subjected by the divi- 
sion of civil service; and provided, further, that if any such 
incumbent does not pass such qualifying examination he may 
continue to serve in such position or office, but shall not be 
subject to said laws and rules. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of said town present 
and voting thereon at a special or annual town meeting held 
in the current year, but not otherwise. 

Approved March 11, 1954. 



Chap.21S An Act authorizing cities and towns to require that 

CERTAIN WELLS BE FILLED OR COVERED. 



G. L. (Ter. 
Ed.), 40, §21, 
etc., amended. 



Filling or 
covering 
certain wells, 
required. 

Penalty. 



Be it enacted, etc., asfolloivs: 

Section 21 of chapter 40 of the General Laws, as amended, 
is hereby further amended by inserting after paragraph (19), 
inserted by chapter 402 of the acts of 1953, the following 
paragraph : — 

(20) For requiring owners of land whereon is located an 
abandoned well or a well in use, to either provide a covering 
for such well capable of sustaining a weight of three hundred 
pounds or to fill same to the level of the ground. The pen- 
alty for violation of any ordinance or by-law made hereunder 
shall be a fine of not less than one hundred dollars nor more 
than five hundred dollars. Approved March 11, 1954. 



G. L. (Ter. 
Ed.), 71, new 
§ 140, added. 
Licensing of 
buildings to 
regional school 
districts, 
authorized. 



Chap. 214 A^" Act authorizing certain towns to sell, lease, or 

LICENSE SCHOOL BUILDINGS TO A REGIONAL SCHOOL DIS- 
TRICT. 

Be it enacted, etc., as folloivs: 

Chapter 71 of the General Laws is hereby amended by 
inserting after section 14B the following section: — Section 
14c. The agreement made under section fourteen B, or any 
amendment to such an agreement, may contain provisions 
authorizing any member town to sell, lease or grant a li- 
cense to use any school building to the regional school dis- 
trict, and any such town may authorize such sale, lease or 
Ucense accordingly, notwithstanding the provisions of sec- 
tion three of chapter forty or any other provisions of law to 
the contrary. In case of a sale, the price and time or times 
of payment and the method by which the towns other than 
the selling town shall be assessed for such pajonent shall be 
set forth in the agreement or amendment; Vjut in no case 
shall payments be made which shall extend over a period in 
excess of twenty years. In the case of a lease or license to 
use, the rental or license fee, and similar terms as to pay- 



Acts, 1954. — Chaps. 215, 216. 125 

ment and assessment, shall likewise be set forth; but in no 
casf! shall the term of the lease or the duration of the Ucense 
be in excess of twenty years from the date of its commence- 
ment. Approved March 11 , 1954. 

An Act authorizing the county of dukes county to Chav 215 

CONTRIBUTE TO THE COST OF THE CONSTRUCTION OF A 
BULKHEAD ALONG THE SHORES OF OAK BLUFFS HARBOR. 

Be it enacted, etc., as follows: 

Section 1, The county of Dukes county is hereby au- 
thorized to contribute to the cost of constructing a timber 
bulkhead along the shores of Oak Bluffs harbor, to be built 
by the state department of public works during the years 
nineteen hundred and fifty-four and nineteen hundred and 
fifty-five, under authority of section eleven of chapter ninety- 
one of the General Laws, for the protection of the highway 
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, 
twenty thousand dollars, and may issue bonds or notes of 
the county therefor, which shall bear on their face the words 
County of Dukes County Highway Protection Loan, Act of 
1954. 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 commissioners. The countj'' may sell such 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 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 15, 1954: 

An Act relative to the control of the ponds or lakes CJiqjj 216 
in which bathing is permitted in the town of pem- 
BROKE. 

Be it enacted, etc., as follows: 

Section L The town of Pembroke, through its board of 
selectmen, may from time to time make rules and regulations 
as to the erection, maintenance and control of all pubhc 
bathhouses on the shores of the ponds or lakes in which 
bathing is permitted in said town. 

Section 2. The selectmen of said town may from time to 
time make rules and regulations governing fishing, boating, 
bathing, skating and other recreational activities in or on 



126 



Acts, 1954. — Chap. 217. 



the ponds or lakes in which bathing is permitted in said 
town. Such rules and regulations relative to fishing shall 
be subject to the approval of the division of fisheries and 
game of the department of natural resources, and such other 
rules and regulations shall be subject to the approval of the 
state department of public works, and when so approved 
shall have the force of law. 

Section 3. Any poUce officer of said town may patrol 
any part of the waters of said ponds and lakes and shall have 
authority to arrest any person violating any law of the com- 
monwealth in, on or adjacent to the waters of said lakes and 
ponds or violating any rule or regulation established under 
this act. 

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

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

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

Approved March 15, 1954. 



Chap. 211 An Act permitting the transportation of petroleum 

PRODUCTS ON the LORD's DAY. 



G. L. (Ter. 
Ed.), 136, § 6, 
etc., amended. 



Transportation 
of petroleum 
products, etc., 
on Sunday, 
permitted. 



Be it enacted, etc., as follows: 

Section 6 of chapter 136 of the General Laws is hereby 
amended by striking out the fourth paragraph, as most re- 
cently amended by chapter 504 of the acts of 1951, and in- 
serting in place thereof the following paragraph : — 

Nor shall it prohibit the preparation, printing and publica- 
tion of newspapers, or the sale and delivery thereof; the 
wholesale or retail sale and delivery of milk, or the trans- 
portation thereof, or the delivery of frozen desserts or ice 
cream mix, or both, or the wholesale or retail sale of ice or of 
fuel; the transportation of general commodities by motor 
truck or trailers, then engaged in interstate commerce be- 
fore eight o'clock in the forenoon and after eight o'clock in 
the evening or in the event of an emergency between the 
aforesaid hours; the transportation of petroleum products 
by motor truck or trailers then engaged in intrastate com- 
merce before six o'clock in the forenoon and after ten o'clock 
in the evening; the transportation of livestock, farm com- 
modities and farm equipment for participation in fairs, ex- 
hibitions and sporting events and veterinary purposes; the 
handling, transportation and delivery of fish and perishable 
foodstuffs at wholesale; the sale at wholesale of dressed 
poultry, and the transportation of such poultry so sold, on 
the Lord's day next preceding Thanksgiving day, and on 
the Lord's day next preceding Christmas day except when 
Christmas day occurs on Saturday, the Lord's day or Mon- 
day; the making of butter and cheese; the keeping open of 
public bathhouses; the making or selUng by bakers or their 



Acts, 1954. — Chaps. 218, 219. 127 

employees, before ten o'clock in the forenoon and between 
the hours of four o'clock and half past six o'clock in the 
afternoon, of bread or other food usually dealt in by them; 
whenever Rosh Hashonah, or the Day of Atonement, begins 
on the Lord's day, the retail sale and delivery of fish, fruit 
and vegetables before twelve o'clock noon of that day; the 
selling or delivering of kosher meat by any person who, ac- 
cording to his religious belief, observes Saturday as the 
Lord's day by closing his place of business during the day 
until six o'clock in the afternoon, or the keeping open of his 
shop on the Lord's day for the sale of kosher meat between 
the hours of six o'clock and ten o'clock in the forenoon. 

Approved March 15, 1954. 

An Act providing for the commitment of feeble nhri^j 218 

MINDED persons TO CERTAIN STATE SCHOOLS BY THE ^' 

JUSTICES OF DISTRICT COURTS. 

Be it enacted, etc., as follows: 

Section 66 of chapter 123 of the General Laws, as most g. l. (Ter. 
recently amended by section 7 of chapter 684 of the acts ^tcll'ameAded^' 
of 1950, is hereby further amended by inserting after the 
first sentence the following sentence: — Any justice of a Commitment 
district court may, in the manner and subject to the condi- "ieble^^mhided 
tions imposed by the preceding sentence, commit a person, Pg"^.°^'. 
including a juvenile, residing or being within his district to 
any of such schools; but no person shall be so committed 
unless the approval of the department shall be filed with 
the application for his commitment. 

Approved March 15, 195 4. 



An Act relative to the replacement and resurfacing Qhn^ 219 

OF STATE highways. "' 

Be it enacted, etc., as follows: 

Section 21 of chapter 81 of the General Laws is hereby o. l. (Ter. 
amended by striking out the first sentence, as appearing in ftci! amended". 
chapter 298 of the acts of 1948, and inserting in place thereof 
the following sentence: — No state highway shall be dug up, opening and 
nor opening made therein for any purpose, nor shall any state hfghiays. 
material be dumped or placed thereon or removed there- regulated. 
from, and no tree shall be planted or removed or obstruction 
or structure placed thereon or removed therefrom or changed 
without the written permit of the department, and then only 
in accordance with its regulations, and the work shall be 
done under its supervision and to its satisfaction, and the 
entire expense of replacing and resurfacing the highway at 
the same level and in as good condition as before, with ma- 
terials equal in specifications to those removed, shall be paid 
by the persons to whom the permit was given or by whom 
the work was done ; but a town may dig up a state highway 
without the approval of the department in case of immediate 



128 Acts, 1954. — Chaps. 220, 221, 222. 

necessity; but in such cases it shall forthwith be replaced in 
as good condition as before at the expense of the town. 

Approved March 16, 1954- 

Chap.220 An Act authorizing school committees to contract 

FOR THE HIRE OF ATHLETIC COACHES FOR PERIODS NOT 
EXCEEDING THREE YEARS. 

Be it enacted, etc., as follows: 

Ed)"7?"ew Chapter 71 of the General Laws is hereby amended by in- 
§47A, added, scrting after section 47, as most recently amended by sec- 
tion 1 of chapter 316 of the acts of 1952, the following sec- 
?chod°aXetic^ ^^o"' — Section 47 A. The committee may contract to em- 
coaches, ploy athletic coaches for periods not in excess of three years. 
The provisions of section forty-one relative to tenure shall 
not apply to such athletic coaches, unless they are otherwise 
entitled to tenure. Approved March 15, 1954. 

Chap. 221 An Act designating a bridge connecting the towns 

OF ERVING and MONTAGUE AS THE ERVING-MONTAGUE 
veterans MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

The new bridge under construction on route 63 connecting 
the towns of Erving and Montague shall, upon its comple- 
tion, be designated as the Erving-Montague Veterans 
Memorial Bridge. The department of public works is 
hereby authorized and directed to place on said bridge a 
suitable plaque bearing said designation. 

Approved March 15, 1954- 

Chap. 222 An Act relative to the membership of the finance 
committee of the town of swampscott. 

Be it enacted, etc., as follows: 

Section 9 of chapter 300 of the acts of 1927 is hereby 
amended by inserting after the word "precinct", in line 3, 
the words : — , and two town meeting members at large, — 
so as to read as follows : — Section 9. There shall be a finance 
committee appointed by the moderator from the town meet- 
ing members, consisting of one member from each precinct, 
and two town meeting members at large, who shall serve 
during their respective terms as town meeting members, 
and who shall be appointed at the first town meeting held 
after this act becomes operative. To this committee shall 
be referred all questions pertaining to the appropriation or 
expenditure of money, the creation of debt, the disposition 
of town property and all other questions afi'ecting the town, 
for the purpose of making recommendations, but this shall 
not be construed to prohibit the appointment of special com- 
mittees to investigate matters pertaining to the town or to 
execute work authorized by it. This committee shall have 



Acts, 1954. — Chaps. 223, 224, 225. 129 

the power to consult with such departments, officers, em- 
ployees or committees as may have information concerning 
any matter under consideration, and it shall be the duty of all 
departments, officers, employees or committees to furnish 
such information as they possess that may be required by 
said committee. It shall also have the power to examine, 
in connection with any subject under investigation or con- 
sideration, all books, vouchers, papers and all other instru- 
ments in the custody or possession of any officer, employee 
or agent of the town. Approved March 15, 1954. 



An Act relative to the filing of a certain statement QJiqj) 223 
required of certain persons under the corrupt 
practices law, so called. 

Be it enacted, etc., as follows: 

Section 20 of chapter 55 of the General Laws, as appear- q l. (Xer. 
ing in section 10 of chapter 537 of the acts of 1946, is hereby ft^-* 'amended 
amended by striking out the first sentence and inserting in 
place thereof the following sentence: — The statement re- Filing of state- 
quired to be filed by a candidate, treasurer or other person ^rrupt^prac- 
shall be filed with the clerk of the city or town where such ticesiaw. 
candidate is a voter. Approved March 18, 1954' 



Chap.224 



An Act relative to the definition of the term 
"political committee". 

Be it enacted, etc., as follows: 

Section 1 of chapter 50 of the General Laws is hereby g. l. (Xer. 
amended by striking out in Une 5 of the paragraph defining ^tc^! 'amended. 
"political committee", as amended by section 5 of chapter Definition of 
318 of the acts of 1943, the word "thirty-eight" and insert- coTmiuee""''' 
ing in place thereof the word: — twenty-nine. 

Approved March 18, 1954- 



An Act relative to the arrangement of names on Chav.225 

ballots. 

Be it enacted, etc., as follows: 

Section 34 of chapter 53 of the General Laws, as most g l. (Ter. 
recently amended by section 3 of chapter 406 of the acts of etc!, amended. 
1953, is hereby further amended by striking out the second 
paragraph and inserting in place thereof the following para- 
graph : — 

Names of candidates for nomination for all other offices Arrangement 
to be voted for at a state primary of which they are the "i+f'^SL"",,, 

. ^ . I'll 11 state primary 

elected mcumbents or the mcumbents chosen by the senate ballots, 
and house of representatives shall be placed first in alpha- '^''^" ''*^*^ 
betical order and names of other candidates shall follow in 
Uke order. Approved March 18, 1954- 



130 



Acts, 1954. — Chap. 226. 



Chap.22Q An Act regulating the possession of hypodermic in- 
struments. 



G. L. (Ter. 
Ed.). 94, § 209, 
etc., amended. 



Possession of 
hypodermic 
instruments, 
regulated. 



Penalty. 



Be it enacted, etc., as folloivs: 

Section 1. Chapter 94 of the General Laws is hereby 
amended by striking out section 209, as amended by chap- 
ter 509 of the acts of 1945, and inserting in place thereof the 
following section : — Section 209. No person, not being a 
physician, dentist, nurse or veterinarian registered under the 
laws of this commonwealth or of the state where he resides, 
or a registered embalmer, manufacturer or dealer in em- 
balming supplies, wholesale druggist, manufacturing phar- 
macist, registered pharmacist, manufacturer of surgical in- 
struments, official of any government having possession of 
the articles hereinafter mentioned by reason of his official 
duties, nurse acting under the direction of a physician or 
dentist, employee of an incorporated hospital acting under 
the direction of its superintendent or officer in immediate 
charge, or a carrier or messenger engaged in the transporta- 
tion of such articles, or a person who has received a written 
prescription issued under section two hundred and nine A, 
or a chiropodist or podiatrist who has received from the 
board of registration in chiropody (podiatry) a certificate 
stating that upon examination by said board he has been 
determined to be competent to use hypodermic needles, 
shall have in his possession a hypodermic syringe, hypo- 
dermic needle, or any instrument adapted for the use of 
narcotic drugs by subcutaneous injection. No such syringe, 
needle or instrument shall be defivered or sold to, or ex- 
changed with, any person except a registered pharmacist, 
physician, dentist, veterinarian, registered embalmer, manu- 
facturer or dealer in embalming supplies, wholesale druggist, 
manufacturing pharmacist, a nurse upon the written order 
of a physician or dentist, or a person who has received a 
written prescription issued under section two hundred and 
nine A, a chiropodist or podiatrist who holds a certificate 
issued by the board of registration in chiropody (podiatry) 
as aforesaid, or an employee of an incorporated hospital 
upon the written order of its superintendent or officer in 
immediate charge. A record shall be kept by the person 
selling such syringe, needle or instrument, which shall give 
the date of the sale, the name and address of the purchaser 
and a description of the instrument. This record shall at 
all times be open to inspection by the department of pubfic 
health, the boards of registration in medicine, veterinary 
medicine, chiropody (podiatry), and pharmacy and the board 
of dental examiners, authorized agents of said department 
and boards, and police authorities and police officers of 
towns. Whoever violates any provision of this section shall 
be punished by a fine of not more than one hundred dollars 
or by imprisonment in a jail or house of correction for not 
more than two years, or both. 



Acts, 1954. — Chaps. 227, 228, 229. 131 

Section 2. Said chapter 94 is hereby further amended Ed^.'gJ^'' 
by striking out section 209 A, as appearing in the Tercen- S^bgA ' 
tenary Edition, and inserting in place thereof the following '^"^'^ "^ 
section: — Section 209 A. A registered physician ma}'' issue Purchase of 
to a patient under his immediate charge, a written prescrip- fng^^u^'e'^ts 
tion to purchase any of the instruments specified in section regulated. 
two hundred and nine. Such prescription shall contain the 
name and address of the patient, the description of the in- 
strument prescribed and the number of instruments pre- 
scribed. The pharmacist filling the prescription shall record 
upon the face of said prescription, over the signature of the 
pharmacist making the sale, the date of such sale. Such 
prescription may be refilled or renewed for a period of one 
year from its date of issuance unless the physician indicates 
otherwise on the prescription. No such prescription shall 
be filled which has been outstanding for more than one year 
from the date of its issuance without having been filled. 

Approved March 18, 1954. 

An Act postponing the effective date of a law regu- Qliar) 227 

LATING THE USE OF STEAM LOCOMOTIVES AND FURTHER 
ABATING SMOKE NUISANCES WITHIN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 3 of chapter 134 of the acts of 1950 is hereby 
amended by striking out, in line 2, the word "fiJty-five" 
and inserting in place thereof the word : — sixty. 

Approved March 18, 1954- 

An Act authorizing the city of boston to sell a cer- Qhav. 228 

TAIN parcel of LAND TO CONGREGATION ADATH ISRAEL 
OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The board of park commissioners of the city 
of Boston, with the approval of the mayor, is hereby au- 
thorized to sell and convey to the Congregation Adath Israel 
of Boston, also known as Temple Israel, any part or the whole 
of the land known as Berners Square, in the Roxbury dis- 
trict of the city of Boston, now held by said city for park 
purposes. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Boston, subject to the pro- 
visions of its charter, but not otherwise. 

Approved March 22, 1954. 



An Act authorizing the city of boston to pay a sum of 
money to federal national linen service CO. 

Be it enacted, etc., as follows: 

For the purpose of discharging a moral obligation, the 
city of Boston is hereby authorized to appropriate and pay a 
sum of money not exceeding eight hundred and seventy-five 



Chap.229 



132 Acts, 1954. — Chaps. 230, 231, 232. 

dollars to Federal National Linen Service Co. for services 
rendered to said city by order of an official thereof, which 
order was issued without complying with the provisions of 
the charter of said city. Approved March 22, 1954. 

Chap. 230 An Act relative to filling vacancies in elective 

BODIES IN certain CITIES HAVING A PLAN E CHARTER. 

Be it enacted, etc., as follows: 

In any city having a Plan E form of city charter and 
having plurality voting as provided by chapter six hundred 
and sixty-one of the acts of nineteen hundred and forty- 
nine, as amended, a vacancy in any elective body therein 
shall be filled forthwith for the unexpired term by the re- 
maining members of the body concerned, who shall choose 
whichever of the defeated candidates who are eligible and 
willing to serve, and who received the highest number of 
votes for membership in the body in which the vacancy oc- 
curs at the last regular municipal election at which members 
of said body were elected. Approved March 22, 1954. 

Chap. 231 An Act clarifying the duties of supervisors of 

ATTENDANCE. 

Be it enacted, etc., as follows: 

G-L. (Ten Section 1. Section 8 of chapter 72 of the General Laws, 

amended. ' as appearing in the Tercentenary Edition, is hereby amended 
by striking out, in line 8, the words "the attendance officers" 
and inserting in place thereof the words : — supervisors of 
attendance. 
Edo," 77,''§' 13. Section 2. Section 13 of chapter 77 of the General Laws, 
amended. ' as SO appearing, is hereby amended by inserting after the 
word "under", in line 2, the words: — section eight of chap- 
ter seventy-two,. Approved March 22, 1954- 

Chap. 232 An Act providing for blood grouping tests to aid in 

THE determination OF PATERNITY. 

Be it enacted, etc., as follows: 

Ed^'273'^new Chapter 273 of the General Laws is hereby amended by 
U2A, added, inserting after section 12, as appearing in the Tercentenary 
felTslifceruJrif Edition, the following section: —Section 12 A. In any pro- 
paternity cases, cccding to determine the question of paternity, the court, 
authorized. ^^ motion of thc defendant, shall order the mother, her child 
and the defendant to submit to one or more blood grouping 
tests, to be made by a duly qualified physician or other 
duly qualified person, designated by the court, to deter- 
mine whether or not the defendant can be excluded as being 
the father of the child. The results of such tests shall be 
admissible in evidence only in cases where definite exclusion 
of the defendant as such father has been established. If 
one of the parties refuses to comply with the order of the 



Acts, 1954. — Chaps. 233, 234, 235. 133 

court relative to such tests, such fact shall be admissible in 
evidence in such proceeding unless the court, for good cause, 
otherwise orders. Approved March 23, 195 Jf. 

An Act exempting the city of Lawrence from certain Chav.2'^^ 

RESTRICTIONS IN THE LAW RELATIVE TO EVENING CLASSES 
IN INDUSTRIAL AND OCCUPATIONAL SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. The restriction in the definition of "Eve- 
ning class" in section one of chapter seventy-four of the 
General Laws upon evening classes in independent indus- 
trial schools or independent distributive occupations schools, 
according to which instruction in such classes shall be given 
only to pupils employed during the day in work to which 
the instruction so given apphes, shall not apply to industrial 
or occupational schools maintained by the city of Lawrence, 
for a period of three years after the effective date of this act. 

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

Approved March 23, 1954. 

An Act authorizing the town of framingham to ap- Chap. 234 

PROPRLITE money TO MEET AN OVERDRAFT IN THE APPRO- 
PRIATION FOR SCHOOL SALARY AND WAGES IN NINETEEN 
HUNDRED ANT) FIFTY-THREE. 

Be it enacted, etc., as follows. • 

Section 1. The town of Framingham is hereby author- 
ized to appropriate the sum of nineteen thousand one hun- 
dred and four dollars and forty-five cents for the purpose of 
meeting an overdraft in the appropriation made for the 
payment of school salary and wages in nineteen hundred 
and fifty-three, said overdraft having occurred in December 
of said year. 

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

Approved March 25, 1954- 

An Act authorizing the city of north adams to appro- C hap. 2o5 

PRIATE money for THE PAYMENT OF, AND TO PAY, CER- 
TAIN UNPAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of North Adams is hereby author- 
ized to appropriate money for the payment of, and after 
such appropriation, the treasurer of said city is hereby au- 
thorized to pay, such of the unpaid bills incurred by said 
city and totalling three hundred and forty-six dollars and 
eighty-eight cents, as set forth in the list on file in the office 
of the director of accounts in the department of corpora- 
tions and taxation, as are legally unenforceable against said 
city, by reason of their being incurred in excess of available 
appropriations, and as are certified for payment by the heads 



134 Acts, 1954. — Chaps. 236, 237. 

of the departments wherein the bills were contracted; pro- 
vided, that the money so appropriated to pay such bills shall 
be raised by taxation in said city. 

Section 2. No bill shall be approved by the city audi- 
tor 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 bj'' section two which is false and who thereby re- 
ceives payment for goods, materials or services which were 
not received by or rendered to said city, shall be punished 
by imprisonment for not more than one year or by a fine of 
not more than three hundred dollars, or both. 

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

Approved March S5, 1954. 



Chap.23d An Act increasing the amount the boylston water 

DISTRICT MAY BORROW FOR THE ESTABLISHMENT OF A 
WATER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 421 of the acts of 1951 
is hereby amended by inserting after the word "hundred", 
in line 5, the words : — and twenty-five. 

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

Approved March 25, 1954. 

Chap.2S7 An Act authorizing the submission to the voters of 

THE TOWN OF GREENFIELD AT A SPECIAL MEETING OF 
CERTAIN QUESTIONS PERTAINING TO THE CONSTRUCTION 
OF A NEW HIGH SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. At a special meeting of the voters of the 
town of Greenfield which the selectmen are hereby author- 
ized to call, there shall be submitted to the voters thereof, 
the three following questions which shall be printed upon 
the official ballot to be used at said meeting: — (1) Shall 
the town acquire by purchase or take by eminent domain 
for school purposes, land beginning on the south side of 
Dickinson street at the northeast corner of lot number sixty- 
three; thence westerly along the south side of Dickinson 
street and its prolongation thereof 656.06 feet to the west 
line of Gold street; thence southerly along the west line of 
Gold street to the south side of Parkside street; thence 
westerly along the south side of Parkside street to the north- 
west corner of lot No. 1; thence southerly along said lot 



Acts, 1954. — Chap. 237. 135 

No. 1 to land of the town of Greenfield known as Shattuck 
Park; thence easterly along said land of the to'WTi of Green- 
field about 657 feet to land of Murdock T. JMacLellan and 
Joanna M. Leahey; thence northerly along said land of 
MacLellan and Leahey 151.33 feet to the south side of 
Parkside street; thence easterly along the south line of 
Parkside street 150.37 feet; thence northerly at right angles 
to said south fine of Parkside street, crossing said street and 
along the east fine of lots 42 and 43 a distance of 307,06 
feet to the south fine of Bowles street; thence easterly along 
the south fine of Bowles street 10.39 feet; thence northerly 
at right angles to said south line of Bowles street, crossing 
said street and along the east line of lots 62 and 63 a dis- 
tance of 286.10 feet to the place of beginning, the included 
angle at this point being 90; excepting from this taking 
lot No. 6, which is already owned by the town of Greenfield, 
all of said lots mentioned above being shown on a plan 
entitled "Plan of Parkside as laid out by P. B. Moore, 
July, 1907", and filed in the Frankhn County Registry of 
Deeds, Plan Book 6, Page 13, and appropriate therefor? 

(2) Shall the town transfer under section fifteen A of 
chapter forty of the General Laws to the care and custody, 
management and control of the school committee a certain 
tract of land taken for non-payment of taxes and being 
known as lot No. 6 on plan entitled "Plan of Parkside as 
laid out by P. B. Moore, July, 1907" and filed in the Frank- 
hn County Registry of Deeds, Plan Book 6, Page 13? 

(3) Shall the town appropriate the sum of three million 
one hundred and ninety thousand dollars to build, equip 
and furnish a new high school building or buildings on the 
Dickinson street lot so called and located westerly of Federal 
street and southerly of Dickinson street, raise and appro- 
priate, transfer from available funds, borrow, under provi- 
sions of chapter forty-four of the General Laws and chapter 
six hundred and forty-five of the acts of nineteen hundred 
and forty-eight, as amended, or otherwise provide a sum or 
sums of money for this purpose, to be expended under the 
direction of the school committee? 

Said meeting shall be conducted in the manner provided 
by General Laws for the conduct of annual meetings for the 
election of town officers in so far as applicable to said town. 
If two thirds of the voters of said town present and voting 
at said special meeting, vote in the aflnrmative on question 

(1) it shall be taken and deemed to be the vote of said town 
that land be taken for the construction thereon of a new 
high school building. 

If a majority of the voters of the town present and voting 
at said special meeting, vote in the affirmative on question 

(2) it shall be deemed and taken to be the vo+e of the town 
that said land be transferred to the jurisdiction of the school 
committee. 

If two thirds of the voters of said town present and vot- 
ing at said meeting, vote in the afl&rmative on question (3) 



136 Acts, 1954. — Chaps. 238, 239, 240. 

it shall be taken and deemed to be the vote of the to\\Ti that 
the money be appropriated and borrowed for the construc- 
tion of a new high school building. 
Section 2. This act shall take effect upon its passage. 

Approved March 25, 1954- 

Chap. 2S8 An Act increasing the number of state examiners of 

ELECTRICIANS. 

Be it enacted, etc., as follows: 

Ed!)', lir^^^, Section 32 of chapter 13 of the General Laws is hereby 
etc.. 'amended', amended by striking out the first sentence, as most re- 
cently amended by section 20 of chapter 585 of the acts of 
1952, and inserting in place thereof the following sentence : — 
Makeup of The statc examiners of electricians, hereinafter called the 
examiners of board, shall cousist of the director of civil service, the state 
electricians. q^,q jj^aj-gha^i g^^d ^^g dircctor of the division of vocational 
education of the department of education, ex officiis, and two 
persons to be appointed for terms of three years each by the 
governor, with the advice and consent of the council. 

Approved March 2o, 1954. 

Chap. 2^^ An Act relative to the clearance of tracks in rail- 
road YARDS. 

Be it enacted, etc.. as folloios: 

%d)' 16 "■ Section 134A of chapter 160 of the General Laws, as 

§ 134A, etc., amended bj'- chapter 667 of the acts of 1953, is hereby fur- 
amended. ^j^^^ amended by adding at the end the following sentence: 

Clearance of — The pi'ovisions of this section shall not apply to the 
?oad t^p'ciJi' North Station or the South Station, so called, in the city of 
regulated. ' Boston or to any other passenger station established and 
maintained by any railroad corporation in this common- 
wealth. Approved March 25, 1954. 

C/iap. 240 An Act prohibiting the employment of minors under 
eighteen years of age on certain types of eleva- 
tors, OR IN THE CLEANING OR REPAIRING OF ELEVATORS. 

Be it enacted, etc., as follows: 

Ed .t,' 149.% 61, Section 1. Section 61 of chapter 149 of the General 
etc., 'amended.' Laws, as most rccentlv amended by chapter 98 of the acts 
of 1954, is hereby further amended by striking out the last 
sentence. 
Ed.hm§62. Section 2. Section 62 of said chapter 149 is hereby 
etc.. 'amended.' amended by inserting after the word "be", in line 5 of 
clause (15), as appearing in chapter 171 of the acts of 1946, 
the following : — ; in the operation or management of any 
type of elevator other than a self-service elevator, as defined 
in the regulations of the board of elevator regulations and 
duly filed with the office of the state secretary, or in the clean- 
ing or repairing of any type of elevator. 



Acts, 1954. — Chaps. 241, 242. 137 

^ Section 3. Section 78 of said chapter 149, as amended gj^^Jg"-. yg 
by section 1 of chapter 292 of the acts of 1934, is hereby etcVameiled. ' 
further amended by striking out, in hne 5, the words ", ex- 
cept as provided in section sixty-one,". 

Approved March 25, 1954. 



An Act providing that no fee shall be collected for nhf.^ 04.1 

THE registration OF MOTOR VEHICLES OR TRAILERS ''^V'^^^ 
USED BY VOLUNTEER FIRE COMPANIES, SOLELY FOR FIRE 
FIGHTING PURPOSES. 

Be it enacted, etc., as follows: 

Section 33 of chapter 90 of the General Laws is hereby o. l. (Xer. 
amended by striking out the third paragraph, as appearing ftl! 'amended 
in chapter 540 of the acts of 1952, and inserting in place 
thereof the following paragraph: — 

For the registration of every ambulance owned and op- Exemption 
erated by any hospital or other institution or association tio^feef^for** 
supported wholly or in part by pubHc or private donations certain vehicles, 
for charitable purposes, and every motor vehicle or trailer ^^°'^'^- 
used by the fire or police department of any city or town or 
park board solely for the official business of such depart- 
ment or board, and every motor vehicle or trailer used by a 
volunteer fire company, as authorized under chapter forty- 
eight, in any to-^Ti solely for fire fighting purposes, no fee 
shall be collected hereunder. Approved March 25, 1954. 



An Act authorizing the city of Worcester to re- 
instate JAMES F. DUFFY AS A MEMBER OF THE FIRE DE- 
PARTMENT FOR THE SOLE PURPOSE OF RETIREMENT. 

Be it enacted, etc., as follows: 

Section 1. Any provision of law to the contrary not- 
withstanding, the city of Worcester may reinstate James F. 
Duffy as a member of the fire department of said city for the 
sole purpose of retirement and in order to correct a mistake 
made at the time of his original retirement. Upon said re- 
instatement, the city of Worcester may retire said James 
F. Duffy for disabihty caused by injuries sustained or hazards 
undergone in the actual performance of his duties as a mem- 
ber of said fire department. Said retirement shall be under 
the provisions of paragraph (a) of section eighty-one A of 
chapter thirty-two of the General Laws in effect in said city 
on the date of his original retirement. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Worcester subject to the 
provisions of its charter. Approved March 25, 1954- 



Chap.2^2 



138 



Acts, 1954. — Chap. 243. 



Chap.24S An Act relative to the examination of certain coastal 

WATERS AND FLATS OF THE COMMONWEALTH BY THE DE- 
PARTMENT OF PUBLIC HEALTH. 

Be it enacted, etc., as follows: 

EdV i3o'^'§ 74. Section 1. Chapter 130 of the General Laws is hereby 
etol.'ameAded. ' amended by striking out section 74, as most recently amended 
by chapter 463 of the acts of 1948, and inserting in place 
Esaminat|on of thd'eof the f ollowing scction : — Section 74- The depart- 
coastai waters ment of public health shall examine from time to time as 
reglifaUd. conditions may require, or upon the request of the director, 
the mayor or city manager of a city, or the selectmen or 
town manager of a town, but not more frequently than once 
in two years, the coastal waters and flats of the common- 
wealth and samples of shellfish therein or thereon in order to 
determine what areas thereof are so contaminated that shell- 
fish obtained therefrom are unfit for food and dangerous to 
the pubhc health. If, after such examination, said depart- 
ment determines that such contamination exists, it shall, by 
written order, promulgate definite bounds of the area or 
areas so determined to be contaminated. Before such deter- 
mination shall be in effect, said department shall 

(1) PubHsh the results of its determination thereof in a 
newspaper pubUshed in each city and town in which or 
adjacent to which any such contaminated area is situated, 

(2) Shall file in the office of the clerk of every such city 
and town the results of such determination, 

(3) Shall cause to be posted at points on or near every 
such area a description thereof, specif3dng said bounds and 
a statement that such area is contaminated, 

(4) Shall notify the directors of the division of marine 
fisheries and the division of law enforcement of its deter- 
mination by fifing with them properly authenticated copies, 
certified by the secretary of state, of its determination, pub- 
lication, fifing and posting. Whenever, as a result of a sub- 
sequent examination of an area or areas determined by said 
department to be contaminated, it determines that the shell- 
fish in such area or areas are safe to use as food, notice of 
such determination shall be published immediately, and the 
directors notified thereof. The record of any examination 
hereunder and the bacteriological counts made therein shall 
be subject to inspection upon request, 

(5) Personnel of the department of pubfic health, in the 
performance of their duties under this section, may enter 
upon and pass through or over private lands or property 
whether or not covered by water. 

This section shall not apply to scallops. 
Section 2. This act shall not nullify any determinations 
in force on the effective date thereof. 

Approved March 25, 1964. 



Exception. 



Acts, 1954. — Chaps. 244, 245. 139 

An Act relative to the appointment of conservation ('hnj) 244 

DISTRICT SUPERVISORS. ' ' ' 

Be it enacted, etc., as follows: 

Chapter 128B of the General Laws is hereby amended g-^L.^CTen _ 
by striking out section 5, as amended by section 2 of chapter etc!, 'amended?* 
73 of the acts of 1947, and inserting in place thereof the 
following section : — Section 5. Within sixty da3^s after an Conservation 
area has been declared a conservation district, the com- fiplrviora, 
mittee shall appoint a board of three or five supervisors who appointment 
shall be land occupiers residing on or owning agricultural ° ' "" **" 
land in said district, from lists of ehgible names submitted 
by the petitioners, trustees for county aid to agriculture or 
trustees of county agricultural schools. Supervisors origi- 
nally appointed hereunder shall serve for terms of one, two, 
three, four or five years, respectively. Successors to fill 
unexpired terms, or for full terms of three or five years 
each, shall be elected by the land occupiers in the district. 
The committee shall give pubhc notice of each such election 
by pubhcation in a newspaper pubhshed in said district or 
having a general circulation therein at least ten days prior 
thereto. The committee shall prescribe regulations for and 
conduct such elections. The person receiving the highest 
number of votes for any office to be filled at such election 
shall be declared elected. All supervisors shall serve until 
the qualification of their respective successors, or until said 
district is dissolved under section eleven. Supervisors shall 
be paid at a rate determined by the committee for each day 
of actual service rendered, with their necessary traveling 
and other expenses, from any moneys received under para- 
graph seven of section seven. Approved March 25, 1954. 

An Act exempting certain persons from payment op fhrjjy 04 k 

CERTAIN property TAXES. ^ ' 

Be it enacted, etc., as follows: 

Clause Twenty-second of section 5 of chapter 59 of the g. l. (Ter. 
General Laws, as most recently amended by chapter 675 of ^tc! 'amended 
the acts of 1951, is hereby further amended by striking out 
paragraph (g) and inserting in place thereof the following 
paragraph : — 

(g) Fathers and mothers of soldiers or sailors who served Exemptions 
as aforesaid and who lost their lives in such service; pro- o^servfce*^ 
vided, that only two thousand dollars of the real estate of kfued^kf' 
any such father or mother held jointly by them shall be uneofduty. 
exempted; and provided, further, that the words "father 
and mother", as appearing in this subsection, shall be 
construed to include natural fathers and mothers and father 
and mother by adoption and persons who stood in loco 
parentis to said soldiers and sailors. 

Approved March 25, 1954. 



140 



Acts, 1954. — Chap. 246. 



Chap. 2^6 An Act providing that local police authorities and 

DISTRICT attorneys BE FURNISHED WITH INFORMATION 
RELATIVE TO CERTAIN PERSONS CHARGED WITH OR CON- 
VICTED OF SEX CRIMES OR CRIMES OF A PERVERTED NATURE. 



G. L. (Ter. 
Ed.), 147, 
§ 4B, etc.. 
amended. 

Releases or 
discharges of 
persons con- 
victed of 
certain sex 
crimes, 
regulated. 



Duties of 
clerks of 
courts. 



Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by- 
striking out section 4B, inserted by chapter IIG of the acts 
of 1939, and inserting in place thereof the following section: 
— Section ^B. Not less than seven days before the time 
set for the release or discharge on parole, or otherwise, of 
any person confined in a penal or reformatory institution of 
the commonwealth or of any county under sentence for an 
assault of an indecent nature under section thirteen A of 
chapter two hundred and sixty-five, for a violation of any 
provision of sections thirteen B or twenty-two to twenty- 
four, inclusive, of said chapter two hundred and sixty-five, 
of sections five, seventeen, thirty-four or thirty-five of chap- 
ter two hundred and seventy-two, of so much of section six- 
teen of said chapter two hundred and seventy-two as per- 
tains to open and gross lewdness and lascivious behavior, and 
of so much of section fifty-three of said chapter two hundred 
and seventy-two as pertains to lewd, wanton and lascivious 
persons in speech or behavior or to persons guilty of indecent 
exposure, or of any person confined in any department for 
defective dehnquents, or in any state hospital, as defined in 
section one of chapter one hundred and twenty-three, or in 
the Bridgewater state hospital, who was removed thereto 
after conviction of a violation of any such provision or was 
committed thereto during the pendency of a complaint or 
indictment for a violation of any such provision, the officer 
in charge of such institution, department or hospital, as the 
case may be, shall notify the commissioner in writing of such 
intended release or discharge; provided, that if any such 
person is released or discharged as aforesaid under such cir- 
cumstances that it is not possible for the officer in charge to 
comply with the foregoing provision, he shall so notify the 
commissioner as soon as possible that such person will be 
or has been released or discharged as aforesaid. Upon re- 
ceipt of any such notice the commissioner shall furnish to 
the police authorities of each city*and town, and to each dis- 
trict attorney, within the commonwealth the name of the 
person referred to in such notice, his known ahases, if any, 
last known address, age, height and weight, his photograph, 
description of his finger prints, summary of his criminal his- 
tory and a fist of any institutions for the insane and depart- 
ments for defective delinquents in which he has been known 
to have been confined, and such other information as the 
commissioner deems necessary. 

In all cases covered by this section where a fine is imposed 
or sentence suspended, the clerk of court shall furnish release 
data to the commissioner of public safety on forms furnished 
by him. 



Acts, 1954. — Chaps. 247, 248. 141 

In all cases where a person has been found guilty of an 
offence of similar nature to those enumerated above in any 
court of competent jurisdiction outside of the commonwealth 
and the commissioner has knowledge that such person has 
*been released or resides within the commonwealth, the 
aforesaid descriptive data in so far as available may be 
furnished to the police authorities of each city and town, 
and to each district attorney, within the commonwealth. 

Approved March 25, 1954- 

An Act to permit accident and health insurance com- QJidj) 247 

PANIES to cover THEIR EMPLOYEES FOR ACCIDENT AND 
HEALTH INSURANCE. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 36A, inserted by chapter 496 of the ^^^'^Ih 
acts of 1948, the following section: — Section S6B. Any added. 
domestic company which is authorized to transact business insurance 
under subdivisions (a) and {d) of clause Sixth of section forty- employee^ 
seven may, with the written approval of the commissioner, "^ certain 
estabhsh a plan to provide such insurance benefits for its authorized. 
employees. Any such plan may provide for contributions 
by the employees. The term "employee", as used in this 
section, shall include an officer. Such benefits may be pro- 
vided in one or more general or blanket accident and health 
policies issued by such company, or with other benefits in 
one or more group life poHcies or group annuity contracts 
issued by such company, if authorized to issue any such 
policy or contract, or by any other company so authorized, 
or in any other manner that the directors of such company 
may prescribe. If any such benefits are provided otherwise 
than by any such general or blanket or group policies, the 
company may in connection therewith estabHsh special 
funds for the purpose of financing such benefits. Section 
one hundred and ten A shall apply to any benefits granted 
under the authority of this section. 

Approved March 25, 1954. 

An Act further regulating the close season on edible ryi nAo 

CRABS. Chap.24:8 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to change the date when '"^^*™ °* 
edible crabs may be taken or caught to March thirty-first 
starting in the current year, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 40 of chapter 130 of the General Laws, as amended g. l. (Ter. 
by chapter 194 of the acts of 1951, is hereby further amended etc!. ameAded.' 
by striking out, in line 3, the words "April thirtieth" and 
inserting in place thereof the words : — March thirty-first, — 



142 Acts, 1954. — Chap, 249. 

Close season SO as to read as follows: — Section J^O. No person, either as 
Mtabu^he"^^^' principal, agent or employee, shall between December first 
and the following March thirty-first, both dates inclusive, 
take or catch edible crabs, by the use of traps or otherwise, 
from the coastal waters. Violation of the provisions of this 
section shall be punished by a fine of not less than ten nor 
more than fifty dollars. Approved March 29, 1954- 

Chap. 249 An Act extending the existence of the mashpee ad- 
visory COMMISSION AND RELATIVE TO THE QUALIFICA- 
TIONS OF THE MEMBERS THEREOF. 

frTambfe''^ ^hcrcas, The existence of the Mashpee Advisory Com- 

mission expires by law on April fifteenth, nineteen hundred 
and fifty-four; and 

Whereas, It is essential to the welfare of the inhabitants 
of the town of Mashpee that said commission be empowered 
to continue to function without interruption, and the de- 
ferred operation of this act would tend to defeat its purpose, 
which is to enable said commission so to function without 
interruption, therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Chapter 223 of the acts of 1932 is hereby amended by 
striking out section 1, as m.ost recently amended by section 1 
of chapter 284 of the acts of 1951, and inserting in place 
thereof the following section: — Section 1. There is hereby 
established an unpaid commission, under the title of the 
Mashpee Advisory Commission, hereinafter called the com- 
mission, to consist of three members, each of whom shall be 
the head of a state department or the head of a division or 
bureau thereof, designated by the governor, with the advice 
and consent of the council, and shall serve for a period termi- 
nating April fifteenth, nineteen hundred and fifty-seven. 
The governor, with like advice and consent, shall, from time 
to time, designate one of the members as chairman, may 
remove any member and shall fill any vacancy in the commis- 
sion for the unexpired term. The action of any two of the 
members shall constitute the action of the commission; and 
whenever any action by the commission is required to be in 
writing, such writing shall be sufficient when signed by any 
two of the members. The commission may employ, at the 
expense of the town of Mashpee, such assistants as it may 
deem necessary. The commission may assign for specific or 
general employment one or more persons within a state 
department or division or bureau in charge of any member 
of the commission, and any expense incurred by reason of 
such assignment shall be certified by the commission to the 
state treasurer, and shall be collected by him as an addi- 
tional state tax upon said town. 

Approved March 29, 1954. 



Acts, 1954. — Chap. 250. 143 



An Act authorizing certain temporary associations by Chap. 260 

SAVINGS banks FOR THE PURPOSE OF TRAINING YOUNG 
PEOPLE IN THE PRINCIPLES OF BANKING. 

Whereas, The deferred operation of this act would tend pr^ambb"^ 
to defeat its purpose, which is to grant to certain banks an 
immediate authorization to sponsor the temporary associa- 
tion referred to therein, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 167 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 12, as most recently amended by chap- ^tci^'amlided^' 
ter 765 of the acts of 1951 and inserting in place thereof the 
following section: — Section 12. No domestic or foreign sponsorship 
corporation or individual, partnership or association, except ?raini^g°IsIo- 
savings banks and trust companies incorporated under the ciations by 

, c.i- 1,1 ^ p -1 !• certain banks, 

laws of this commonwealth, or such ioreign bankmg corpora- authorized. 
tions as were doing business in this commonwealth, and were 
subject to examination or supervision by the commissioner 
on June first, nineteen hundred and six, shall hereafter make 
use of any sign at the place where its business is transacted 
having thereon any name or other words, indicating that 
such place or office is the place or office of a savings bank, or 
make use of or circulate any written or printed or partly 
written and partly printed paper whatever, having thereon 
any name or other words, indicating that such business is 
that of a savings bank; nor shall any such corporation, indi- 
vidual, partnership or association, or any agent of a foreign 
corporation not having an estabhshed place of business in 
this commonwealth, sohcit or receive deposits or transact 
business in the way or manner of a savings bank, or in such 
a way or manner as to lead the pubfic to believe, or as in the 
opinion of the commissioner might lead the public to believe, 
that its business is that of a savings bank. No domestic or 
foreign corporation or individual, partnership or association 
other than corporations excepted from the prohibitions con- 
tained in the first sentence of this section, co-operative banks 
incorporated under the laws of this commonwealth, foreign 
banking associations authorized under section thirty-seven to 
transact business in this commonwealth, and corporations 
authorized to do the business of a banking company under 
chapter one hundred and seventy-two A, shall hereafter 
transact business under any name or title which contains 
the word "bank" or "banking", or any word in a foreign 
language having the same or similar meaning, as descriptive 
of said business, or, if he or it does a banking business or 
makes a business of receiving money on deposit, under any 
name or title containing the word "trust", or any word in a 
foreign language having the same or similar meaning, as 
descriptive of said business. There shall be excepted from 
the prohibitions contained in this section temporary asso- 



144 



Acts, 1954. — Chaps. 251, 252. 



ciations of individuals formed under the sponsorship of a 
trust company or national bank, savings bank, savings and 
loan association, co-operative bank or federal savings and 
loan association situated in this commonwealth for the pur- 
pose of training young people in the basic principles and 
practices of banking by actual participation in pattern or 
model organizations and operations designed as educational 
programs. The organization of such associations shall be 
subject to the approval of the commissioner and their sub- 
sequent operation to his supervision. 

Approved March 29, 1954. 



Chap. 251 An Act making retroactive certain provisions of law 

RELATING TO THE EXEMPTION FROM THE INCOME TAX LAW 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 62, § 6, 
etc., amended 



Exemptions 
from state 
income tax. 



FOR FOSTER CHILDREN AND STEPCHILDREN. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make immediately effective 
certain provisions of law relative to exemptions from the 
income tax law, therefore it is hereby declared to be an 
emergency law, necessar}'" for the immediate preservation of 
the public convenience. 
Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 62 of the General Laws 
is hereby amended by striking out clause (h), as most re- 
cently amended by chapter 514 of the acts of 1953, and in- 
serting in place thereof the following clause : — 

(h) The sum of five hundred dollars for a husband or wife 
with whom the taxpayer hves and whose income from all 
sources does not exceed two thousand dollars during the 
year and, if entirely dependent on the taxpayer for support, 
the sum of four hundred dollars for each parent, for each 
child, stepchild or foster child under the age of eighteen and 
for each child, stepchild or foster child eighteen years of age 
or over incapable of self-support because of physical or mental 
disability. The aforesaid deduction for each child, stepchild 
or foster child shall not be allowed to both husband and wife, 
but may be allowed to either as they shall mutually agree, 
or shall be prorated between them in proportion to the net 
income of each in excess of two thousand dollars. 
Effective date. SECTION 2. This act shall take effect as of January first, 
nineteen hundred and fifty-four and shall apply to income 
tax returns reporting income of the calendar year nineteen 
hundred and fifty-three, and thereafter. 

Approved March 29, 1954- 



Chap. 252 An Act relative to the membership of the corporation 

ORGANIZED TO ADMINISTER THE GLOUCESTER FISH PIER, 
AND THE FILING OF A FINANCIAL REPORT. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 311 of the acts of 1931 
is hereby amended by striking out, in fines 29 to 32, inclu- 



Acts, 1954. — Chaps. 253, 254. 145 

sive, as appearing in section 1 of chapter 29 of the acts of 
1937, the words " ; and the members of the corporation shall 
be the members of the municipal council, the city treasurer 
and city auditor of the city of Gloucester from time to time 
in ofhce", and inserting in place thereof the following: — 
The membership of the corporation shall consist of five per- 
sons, all of whom shall be residents of the city of Gloucester, 
to be appointed by the mayor for terms of three years. 
Elected or appointed officials of the city shall be eligible for 
such appointments. Said corporation shall, on or before 
January first each year, file with the city clerk a financial 
report, and said report shall be available for pubhc inspection 
at reasonable times. 

Section 2. Of the persons initially appointed as mem- 
bers of the corporation under section three of chapter three 
hundred and eleven of the acts of nineteen hundred and 
thirty-one, as amended by section one of this act, two shall 
be appointed for terms of three years, two for terms of two 
years and one for a term of one year and upon the expiration 
of the term of each member his successor shall be appointed 
for a term of three years. 

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

Approved March 29, 1954- 



An Act establishing the time for filing a final report Cha7).26S 

BY THE METROPOLITAN TRANSIT AUTHORITY OF ITS STUDIES 
RELATIVE TO THE EXTENSION OF RAPID TRANSIT FACILITIES 
IN CAMBRIDGE AND ARLINGTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 613 of the acts of 1952 is hereby 
amended by striking out section 3 and inserting in place 
thereof the following section : — Section 3. The trustees of 
the Authority shall file with the clerk of the house of repre- 
sentatives, on or before the first Wednesday of December in 
the year nineteen hundred and fifty-four a final report with 
reference to said studies, preliminary plans and estimates of 
cost, together with drafts of any necessary legislation. 

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

Approved March 29, 1954. 



An Act making provisions for reports by voluntary (jfiQij 254 

ASSOCIATIONS AND CERTAIN TRUSTS. ^* 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 182 of the General Laws, g. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended f'^-^^]^^^' ^ ^' 
by inserting after the word "inclusive", in fine 8, the words: ^^ ° 
— , and twelve to fourteen, inclusive, — so as to read as 
follows: — Section 1. The following words, as used in this Definitions, 
chapter, shall, except as otherwise expressly provided in sec- 



146 



Acts, 1954. — Chap. 254. 



G. L. (Ter. 
Ed.), 182, 
new §§ 12-14, 
added. 
Contents of 
reports to be 
filed with tax 
commission. 



Filing fees. 



Penalty upon 
failiire to 
file report. 



tion two A, have the following meanings: "Association", a 
voluntary association under a written instrument or declara- 
tion of trust, the beneficial interest under which is divided 
into transferable certificates of participation or shares. 
"Commissioner", the commissioner of corporations and tax- 
ation. "Department", the department of public utihties. 
When used in sections two to seven, inclusive, and twelve 
to fourteen, inclusive, of this chapter, the word "trust" 
shall, except as otherwise expressly provided in section two A, 
mean a trust operating under a written instrument or declara- 
tion of trust, the beneficial interest under which is divided 
into transferable certificates of participation or shares, other 
than a trust established for the sole purpose of exercising 
the voting rights pertaining to corporate stock or other se- 
curities in accordance with the terms of a written instrument. 

Section 2. Said chapter 182 is hereby further amended 
by adding after section 1 1 the following three sections : — 
Section 12. Every association or trust shall annually on or 
before June first file with the state tax commission a report 
signed under the penalties of perjury by its trustees stating 
(a) the name of the association or trust; (6) the location 
(with street address) of its principal office in this common- 
wealth and elsewhere if the trust or association does busi- 
ness outside the commonwealth; (c) the number of its issued 
and outstanding transferable certificates of participation or 
shares; and {d) the names and addresses of its trustees. 

Section 13. The state tax commission shall examine such 
report, and if it finds that it conforms to the requirements 
of this chapter, it shall endorse its approval thereon; and 
upon the payment of a fee of ten dollars, the report shall be 
filed in the office of the state secretary, who shall receive 
and preserve it in book form convenient for reference and 
open to public inspection. 

Section 14- If the trust or association fails to file its re- 
port within the time required by law, the commissioner shall 
give notice by mail, postage prepaid, to such trust or asso- 
ciation in default. If the trust or association omits to file 
such report within thirty days after such notice of default 
has been given, it shall forfeit to the commonwealth not less 
than five dollars nor more than ten dollars for each day dur- 
ing which default continues. Such forfeiture may be re- 
covered by the commonwealth in an action brought in 
Suffolk county in the name of the commonwealth, or may 
be recovered by an information in equity in the name of the 
attorney general at the relation of the state tax commission 
brought in the supreme judicial court in Suffolk county. 
Upon such information, the court may issue an injunction 
restraining the further prosecution of the business of the 
trust or association until such forfeiture, with interest and 
costs, has been paid and until such report has been filed. 

Approved March 29, 195 4. 



Acts, 1954. — Chap. 255. 147 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, March 29, 1954. 

Honorable Edward J. Crontn, Secretary of the Commonwenlth, 
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- 
ure", do declare that in my opinion, the immediate preserva- 
tion of the pubhc convenience requires that the law passed 
on the twenty-ninth day of March in the year one thousand 
nine hundred and fifty-four, being Chapter 254 of the Acts 
of 1954 entitled, "An Act Making Provisions for Reports by 
Voluntary Associations and Certain Trusts", should take 
effect forthwith and that it is an emergency law, and that 
facts constituting the emergency are as follows: 

The delayed operation of this legislation would make it 
impossible for the Commonwealth to receive the reports re- 
quired by the legislation during the current year as the re- 
ports shall be filed on or before June first annually. 
Very truly yours. 

Christian A. Herter, 
Governor of the Commonwealth. 



Office of the Secretary, Boston. March 29, 1954. 

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 four o'clock and thirty- 
five minutes, P.M., on the above date, and in accordance 
with Article Forty-eight of the Amendments to the Constitu- 
tion said chapter takes effect forthwith, being chapter two 
hundred and fifty-four of the acts of nineteen hundred and 
fifty-four. 

Leo M. Harlow, 
Deputy Secretary of the Commnnwealth. 

An Act establishing a selectmen-town manager form fhn^ 255 

OF government for the town of RANDOLPH. ^' 

Be it enacted, etc., as follows: 

Section 1. Board of Selectmen. — At the first town elec- 
tion following the acceptance of this act the registered voters 
of the town of Randolph shall elect five selectmen of whom 
two shall serve for terms of three years, two for terms of two 
years, and one for a term of one year. At each annual town 
election thereafter the voters shall elect in place of those 
selectmen whose terms are about to expire a like number 
of selectmen to serve for terms of three years. When a 
vacancy occurs in the office of selectmen, the remaining se- 
lectmen may at any time prior to the next town election 
appoint a qualified person to serve as selectman until such 



148 Acts, 1954. — Chap. 255. 

election, at which election the voters shall elect a selectman 
to serve for the unexpired portion, if any, of the original 
term. The selectmen in office at the time of said first elec- 
tion shall continue in office until their successors are elected 
and quaUfied. 

Section 2. Other Elected Officials. — In addition to the 
selectmen, the registered voters of the town shall continue 
to elect the following officials in accordance with any apph- 
cable statutes, by-laws and votes of the town : — 

(a) A moderator. 

(6) A school committee. 

(c) Trustees of Stetson school fund. 

(d) Town meeting members. 

The term of office of any elective office, board or com- 
mittee so continued, under this section, shall not be inter- 
rupted. Every other elective office, board or commission 
shall be terminated as hereinafter provided, any other pro- 
visions of law to the contrary notwithstanding. The term 
of office of any person elected to any office, board or commis- 
sion existing at the time of such acceptance and terminated 
hereunder shall continue until such first town election and 
until the appointment and quafification of his successor, if 
any, and thereafter the said offices, boards and commissions 
shall be abolished, and all powers, duties and obligations con- 
ferred or imposed thereon by law, except as provided by this 
act, shall be conferred and imposed upon the selectmen and 
exercised by the town manager to the extent hereinafter 
provided. The powers, duties and responsibihties of elected 
officials shall be as now or hereafter provided by applicable 
statutes and by-laws and votes of the town, except as other- 
wise expressly provided herein. 

Section 3. Appointed Officials. — (a) The selectmen shall 
appoint a town manager as provided in section six, who may 
thereafter be removed as provided in section eight. 

(6) The selectmen shall appoint a board of appeals, con- 
stables, election officers and registrars of voters other than 
the town clerk, and may, after such notice and hearing as 
they may deem advisable, remove any person so appointed 
for cause. 

(c) The moderator shall appoint such boards, committees 
and officers, including a finance committee, as he may now 
or hereafter be directed to appoint by any appficable law, 
by-law or vote of the town. 

(d) The town manager shall appoint, upon merit and fit- 
ness alone, and may, subject to the provisions of chapter 
thirty-one of the General Laws where appficable, remove for 
cause — 

(1) A board of pubfic health, a board of public welfare, 
a planning board, a board of assessors, town accountant, 
town clerk, town treasurer, tax collector, board of hbrary 
trustees and town counsel. 

(2) All other officers, boards, committees and employees 
of the town, with the exception of the elected oflBicials specified 



Acts, 1954. — Chap. 255. 149 

in section two, and officers and employees of such elected 
officials. 

(3) Except as otherwise provided by law, in all positions, 
employments and work, citizens of the town shall be given 
preference; if a person other than a citizen is appointed or 
employed the town manager shall forthwith deliver to the 
board of selectmen a written statement of his reasons. 

Section 4. Memberships, Terms, Powers, Duties and Re- 
sponsibilities. — The number of members of boards, com- 
missions and committees so appointed as provided in the 
preceding section, 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 any applicable law, by-law or vote of the town, 
except as herein otherwise provided. Upon appointment and 
qualification of the various officials as provided for in section 
three, the term of office and all powers and duties of each 
person theretofore holding each such office shall cease and 
be terminated. 

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 specifi- 
cally conferred or imposed by any applicable 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 gen- 
eral supervision of the town manager. 

Section 5. Multiple Offices. — A member of the board of 
selectmen, or of the school committee, or of the finance com- 
mittee, shall, during the term for wliich he was elected or 
appointed, be ineligible to hold any other elective or ap- 
pointive town office or position other than town meeting 
member. Any person elected or appointed to any other 
office, boai'd, commission or committee under the provisions 
of this act or of any general or special law, shall be eligible, 
during his term of office, for election or appointment to any 
other town office, board, commission or committee, except 
that the town accountant shall not be ehgible to hold the 
office of town treasurer or town collector. 

Subject to the approval of the selectmen the town mana- 
ger may, but without additional compensation therefor, as- 
sume the powers, duties and responsibilities of any office 
which he is'^authorized to fill by appointment, such assump- 
tion to be evidenced by and effective upon the filing with 
the town clerk of a written declaration of such assumption 
signed by the town manager, except he shall not appoint 
himself as a member of any board or committee. 

Section 6. Appointment of Town Manager. — The select- 
men shall appoint, as soon as practicable after the first town 
election following acceptance of this act or after the occur- 
rence of any vacancy, for a term of three years, a town man- 
ager who shall be a person especially fitted by education, 
training and by previous full-time paid experience in munici- 



150 Acts, 1954. — Chap. 255. 

pal government as a town or city manager, assistant manager 
or administrative assistant, to perform the duties of his 
office. The towTi manager shall be appointed without regard 
to his political beliefs. He shall not be a resident of the 
town when appointed, but shall be a resident of the town 
during his term of office. He may be appointed for succes- 
sive 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, the premium for said bond to be paid by 
the town. 

Section 7. Acting Manager. — The town manager may 
designate, by letter filed with the town clerk, a qualified 
officer of the town to perform his duties during his temporary 
absence or disability. Pending the appointment of a town 
manager or the filling of any vacancy or the failure of the 
town manager to designate a temporary manager, or during 
the suspension of the town manager, the selectmen shall ap- 
point a suitable person to perform the duties of the office. 

Section 8. 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 efi'ective, the selectmen shall file a pre- 
liminary resolution with the town clerk setting forth in detail 
the specific reasons for his proposed removal, a copy of 
which resolution shall be sent by registered mail to the town 
manager. The manager may reply in writing to the resolu- 
tion and may request a public hearing. If the manager so 
requests, the board of selectmen shall hold a public hearing 
not earlier than twenty days nor later than thirty days after 
the filing of such request. After such public hearing, if any, 
otherwise at the expiration of thirty days following the fifing 
of the preliminary resolution, and after full consideration, 
the selectmen, by a majority vote of the full membership of 
the board, may adopt a final resolution of removal. In the 
preliminary resolution, the selectmen may suspend the man- 
ager from duty, but in any case his salary shall continue to 
be paid until the expiration of one month after the date of 
the final resolution of removal. 

Section 9. Coni'pensation of Manager. — The town man- 
ager shall receive such compensation for his services as the 
selectmen shall determine, but it shall not exceed the amount 
appropriated therefor by the town. 

Section 10. Powers and Duties of Manager. — In addi- 
tion to other powers and duties expressly provided for in 
this act, the town manager shall have the following powers 
and duties : — 

(a) The town manager shall supervise and direct and shall 
be responsible for the efficient administration of all offices, 
boards and committees appointed by him and their respec- 



Acts, 1954. — Chap. 255. 151 

tive departments. He shall, in addition, supervise and direct 
and shall be responsible for the efficient administration of 
any agency of the town not subject to his appointment or 
control, but only at such time and to such extent and for 
such period as the elected officials having control of such 
agency or activity may, with the consent of the selectmen, 
determine. 

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

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

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

(/) 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 repairs 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, however, 
to the approval of the school committee with respect to 
plans for the construction or improvement of school build- 
ings or property. 

(g) 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- 
phcable to said town, all by-laws and all regulations estab- 
lished by the selectmen. 

(fi) The town manager shall, with the approval of the se- 
lectmen, have the authority to prosecute, defend or com- 
promise all litigation to wliich the town is a party. 

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

(J) The town manager shall have access to all town books 



152 Acts, 1954. — Chap. 255. 

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. 

(k) The town manager shall purchase all supplies, mate- 
rials 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 activi- 
ties not under his supervision but only upon and in ac- 
cordance with a requisition duly signed by the head of any 
such department. 

Section 11. Appointment of Assessors. — The town man- 
ager shall appoint a principal assessor, who shall devote his 
full time and attention to the duties of his office and shall 
serve as chainnan of the board, and two additional assessors. 

Section 12. Approval of Warrants. — The town manager 
shall be the chief fiscal officer of the town. Warrants for the 
payment of town funds prepared by the town accountant, 
in accordance with the provisions of section fifty-six of chap- 
ter forty-one of the General Laws, shall be submitted to the 
town manager. The approval of any such warrant by the 
town manager, or in his absence the acting town manager, 
shall be sufficient authority to authorize payment by the 
town treasurer, but the selectmen shall approve all war- 
rants in the event of the absence of the town manager, acting 
town manager or a vacancy in the office of town manager. 

Section 13. Fees paid to Treasury. — The aggregate 
compensation of each town employee appointed by the town 
manager shall be limited to the amount established in ac- 
cordance with the provisions of this act and all fees received 
in accordance with the provisions of any general or special 
law shall be paid into the treasury of the town. 

Section 14. Investigations 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 con- 
trary to the interests of the town, refer it to the selectmen, 
who shall immediately investigate the facts and determine 
what, if any, payment should be made. Pending such in- 
vestigation and determination by the selectxTien, payment 
shall be withheld. 

Section 15. 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 reward from, or any share in the profits of, 
any person or corporation making or performing such con- 
tract, unless the official concerned, unmediately upon learn- 
ing of the existence of such contract, or that such a contract 
is proposed, shall notify the selectmen and the town manager, 
by registered mail, of the contract and of the nature of his 
interest therein, and shall abstain from doing any official act 



Acts, 1954. — Chap. 255. 153 

on behalf of the town in reference thereto. In case such in- 
terest exists on the part of an officer whose duty it is to make 
such a contract on behalf of the town, the contract may be 
made by another officer of the town duly authorized thereto 
by vote of the selectmen. Violation of any provision of this 
section shall render the contract in respect to which such 
violation occurs voidable at the option of the town. Any 
person violating any provision of this section shall be pun- 
ished by a fine of not more than one thousand dollars, or by 
imprisonment for not more than one year, or by both such 
fine and imprisonment. 

Section 16. Estimate 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"de- 
tailed estimate of the appropriations required for the effi- 
cient and proper conduct of their respective departments and 
offices during the next fiscal year. On or before the first day 
of December of each year, the town manager shall submit to 
each member of the finance 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 indebtedness of the town, and 
showing specifically the amount necessary to be provided for 
each office, department and activity, together with a state- 
ment of the expenditures for the same purposes in the two 
preceding years and an estimate of expenditures for the cur- 
rent 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 proposed expenditures of the 
town, together with an estimate of the tax rate necessary 
therefor. 

Section 17, By-Laws, Rules, etc. — All laws, by-laws, 
votes, rules and regulations in force in the town of Randolph 
on the effective date of this act, or anj'- portion thereof, not 
inconsistent with its provisions, whether enacted by au- 
thority of the town or any other authority, shall continue in 
full force and effect until otherwise provided by law, by-law 
or vote; all other laws, by-laws, Azotes, rules and regulations, 
so far as they refer to the town of Randolph, are hereby re- 
pealed and annulled, but such repeal shall not revive any 
pre-existing enactment. 

Section 18. Contracts. — No contract existing and no 
action at law or suit in equity, or other proceeding pending 
at the time this act is accepted, or at the time of revocation 
of such acceptance, shall be affected by such acceptance or 
revocation. 



154 Acts, 1954. — Chap. 255. 

Section 19. Submission of Act and Time of Taking Ef- 
fect. — This act shall be submitted for acceptance to the 
qualified voters of the town of Randolph at the first annual 
town election or state election after passage of this act. The 
vote shall be taken by ballot in accordance with the pro- 
visions of the General Laws, so far as the same shall be ap- 
phcable, in answer to the following question, which shall be 
placed upon the ballot to be used at said election: — "Shall 
an act passed by the General Court in the year nineteen 
hundred and fifty-four, entitled 'An act establishing a 
selectmen-town manager form of government for the town 
of Randolph' be accepted by the town?" If a majority of 
the voters voting on this question vote in the affirmative, 
said act shall take effect immediately for the purpose of the 
next annual town election, and for all things relating thereto, 
and shall take full effect beginning with said following elec- 
tion. It shall be the duty of all town officials having to do 
with elections and holding office at the time of acceptance 
to do, in comphance with law, all things necessary for the 
nomination and election of officers first to be elected under 
this act. 

If this act is rejected when first submitted it shall again 
be submitted at the next following annual town election, and 
if accepted shall take effect as hereinbefore provided. 

If this act is rejected for the second time it shall be again 
submitted at the annual town election in the year nineteen 
hundred and fifty-six, and if accepted shall take effect as 
hereinbefore provided. If this act is again rejected when 
so submitted for the third time, it shall thereupon become 
void. 

Section 20. Revocation of Acceptance. — At any time 
after the expiration of three years from the date of acceptance 
of this act, and not less than ninety days before the date of 
an annual meeting, a petition signed by not less than ten per 
cent of the registered voters of the town may be filed with 
the selectmen, requesting that the question of revoking the 
acceptance of this act be submitted to the voters. No such 
petition shall be valid unless notice thereof shall be pub- 
lished by the selectmen for at least two consecutive weeks 
in a newspaper having general circulation in the town, the 
last publication to be at least thirty days prior to said an- 
nual meeting. 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 election in the 
following form: — "Shall the 'acceptance by the town of 
Randolph of an act passed by the General Court in the year 
nineteen hundred and fifty-four, entitled 'An act establish- 
ing a selectmen-town manager form of government for the 
town of Randolph' 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, 1954. — Chaps. 256, 257. 155 

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, votes, rules and regulations in force when 
such revocation takes effect, so far as they are consistent 
with the 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, votes, 
rules and regulations 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 peti- 
tion therefor shall be filed under this section oftener than 
once in every three years thereafter. 

Approved March 29, 195 Jf. 

An Act relative to the expenditure of funds for the QJiqt) 256 
school lunch program. f • 

Be it enacted, etc., as follows: 

Chapter 548 of the acts of 1948 is hereby amended by 
striking out section 3, inserted by chapter 417 of the acts 
of 1950, and inserting in place thereof the following section: 
— Section 3. School committees may use therefor funds 
disbursed to them under the provisions of this act, gifts and 
other funds received from sale of school lunches under such 
programs. Such contributions received in the form of money, 
together with fees from sale of lunches and any allotments 
received from the state under the provisions of this act for 
said purposes, shall be deposited with the treasurer of such 
town or, in cases where the town is a member of a regional 
school district, with the treasurer of such district, and held 
as a separate account and expended by said school committee 
without appropriation, notwithstanding the provisions of 
section fifty-three of chapter forty-four of the General Laws. 
Nothing in this act shall prevent cities or towns from appro- 
priating funds in addition to those provided from other 
sources. Approved March 29, 1954. 



An Act defining and further regulating private or (Jhav 257 

PROPRIETARY SCHOOLS. 

Be it enacted, etc., as follows. • 

Section 1. Section 21 of chapter 93 of the General Laws, g. l. (Ter. 
as most recently amended by section 1 of chapter 583 of ^tl! 'amended. 
the acts of 1941, is hereby further amended by striking out, 
in line 2, the word "trade" and inserting in place thereof 
the words : — or proprietary. 

Section 2. Said chapter 93 is hereby further amended g. l. (Ter. 
by striking out section 21A, inserted by section 2 of said etc., amended. ' 
chapter 583, and inserting in place thereof the following 
section: — Section 21 A. The term ''private or proprietary 



156 



Acts, 1954. — Chap. 258. 



"Private or 
proprietary 
school", 
defined. 



G. L. (Ter. 
Ed.). 93, §21B, 
etc., amended. 



G. L. (Ter. 
Ed.),93, §21D, 
etc., amended. 



school" shall, in sections twenty-one to twenty-one D, in- 
clusive, mean a school maintained or classes conducted for a 
tuition charge or for a profit for the purpose of giving train- 
ing in the fields of trade and industry, sales and distribution, 
communications, art, music, business, or courses in prepara- 
tion for civil service or hcense or competency examinations 
in industrial or trade or technical subjects, but shall not 
include a school or educational program owned, controlled 
and operated by a religious denominational or eleemosynary 
institution; a school or college regularly chartered and 
authorized by the laws of the commonwealth to grant de- 
grees; an endowed school which offers approved courses 
without profit; a school exclusively engaged in training 
ph3^sically handicapped persons; a school conducted by 
any person for the education and training of his own em- 
ployees for which no fee is charged; or a school already or 
hereafter licensed by duly constituted boards under provi- 
sions of Massachusetts laws. 

A proprietary school is one which operates either on a 
profit or non-profit basis, and is separate and apart from 
tax-supported institutions. 

In the licensing of new schools or the acceptance of new 
courses, the requirements with respect to courses of instruc- 
tion in the apprenticeable skilled trades shall be determined 
by the board of education, with the advice of the department 
of labor and industries. 

Section 3. Section 21B of said chapter 93, as amended 
by section 3 of chapter 499 of the acts of 1952, is hereby 
further amended by striking out, in line 2 and in line 33, the 
word "trade" and inserting in place thereof, in each instance, 
the words : — or proprietary. 

Section 4. Section 21D of said chapter 93, inserted by 
section 2 of said chapter 583, is hereby amended by striking 
out, in fine 2, the word "trade" and inserting in place thereof 
the words: — or proprietary. Approved March 29, 1954* 



Chap. 258 An Act regulating the lowering of the waters of a 

GREAT POND. 



G. L. (Ter. 
Ed.), 91, new 
§ 19A, added. 



Lowering of 

waters of 
great ponds, 
regulated. 



Be it enacted, etc., as follows: 

Chapter 91 of the General Laws is hereby amended by 
inserting after section 19 the following section: — Sec- 
tion 19 A. No person authorized or licensed to build any 
structure, drive piles, fill land or to make any dam or other 
obstruction or encroachment in, over or upon the waters 
of any great pond below the natural high water mark, or to 
make any erection or excavation at any outlet of a great 
pond whereby the water may be raised or lowered, shall, 
except in case of emergency, lower the water of said pond, 
except a body of water used for agricultural, manufacturing, 
mercantile, irrigation, or insect control purposes, or for 
flowing cranberry bogs, or for public water supply, unless he 



Acts, 1954. — Chaps. 259, 260. 157 

shall have notified the department of natural resources of 
his intention so to do and has received the approval of said 
department to lower the waters of said pond. Whoever penalty, 
violates the provisions of this section shall be punished by a 
fine of not less than one hundred nor more than five hundred 
dollars. Approved March 29, 1954- 

An Act reviving williams inn club, incorporated. Chav 259 
Whereas, The deferred operation of this act would delay Emergency 
the corporation revived thereby in resuming the exercise of p^'^ambie. 
its former corporate powers, therefore it is hereby declared 
to be an emergency law, necessary for the immediate pres- 
ervation of the public convenience. 

Be it enacted, etc., as follows: 

WilHams Inn Club, Incorporated, a corporation dissolved 
by decree of the supreme judicial court for Suffolk county 
on April tenth, nineteen hundred and forty-six, is hereby 
revived with the same powers, duties and obligations as if 
said decree had not been entered ; provided, that if said cor- 
poration seeks to obtain a license for the sale of alcoholic 
beverages under the provisions of section twelve of chapter 
one hundred and thirty-eight of the General Laws, the pro- 
visions of section seventeen of said chapter which allow the 
granting of additional licenses to such clubs as were licensed 
to sell during the year nineteen hundred and thirty-five all 
alcoholic beverages shall not apply to said corporation. 

Approved March SO, 1954. 

An Act authorizing the town of framingham to lease nhn^-^ ofiO 
A parcel of land at lake cochituate for recrea- ^' 
tional purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Framingham is hereby author- 
ized to lease for recreational purposes, as provided by sec- 
tion 2 of chapter 557 of the acts of 1947, as amended by 
chapter 518 of the acts of 1949, a parcel of land, the owner 
of which is the state department of natural resources, bounded 
and described as follows : — 

Beginning at a stone bound, which is common to the lands 
of the Boston Edison Company, the commonwealth of 
Massachusetts, and Horace J. and Exillia M. Kehoe; thence 
running N. 47° 20' 30" E. 141.93 feet to a stone bound; 
thence S. 09° 31' 45" E. 13.92 feet to a stone bound; thence 
N. 61° E. 76.00 feet to a point, the last three mentioned 
courses being by land of Kehoe; thence S. 29° E. 95.00 feet 
more or less by other land of the commonwealth of Massa- 
chusetts, to the shore line of Lake Cochituate; thence 
southwesterly and southeasterly by the shore fine of Lake 
Cochituate 228.00 feet more or less to a point; thence S. 
38° 52' 30" W. 118.00 feet more or less by other land of the 



158 Acts, 1954. — Chap. 261. 

commonwealth of Massachusetts to land of North Avenue 
Inc.; thence by last mentioned land N. 51° 07' 30" W. 
113.71 feet to a stone bound; and N. 23° 53' 30" E. 126.30 
feet to the stone bound which marks the point of beginning. 
Section 2. This act shall take effect upon its passage. 

Approved March SO, 1954. 

Chap. 2Q1 An Act to authorize the children's hospital and in- 
fants HOSPITAL TO FORM AN ALLIANCE FOR THE PURPOSE 
OF MAINTAINING AND OPERATING IN COMMON A MEDICAL 
CENTER. 

Be it enacted, etc., as follows: 

Section 1. The Children's Hospital and the Infants 
Hospital, charitable corporations organized and existing 
under the laws of Massachusetts, and such other charitable 
corporations heretofore or hereafter organized under said 
laws as may be mutually agreed upon, in furtherance of 
their respective corporate purposes, are hereby authorized 
and empowered to form an alliance for, and otherwise co- 
operate in, establishing, maintaining and operating a medical 
center and to render mutual services and operate one or more 
plants in common in connection with such medical center. 

Section 2. Said corporations are hereby authorized and 
empowered to enter into such mutual agreement or agree- 
ments, 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 neces- 
sary or desirable for the accomplishment of the objects set 
forth in section one; provided, however, that none of said 
corporations exceed the limits imposed by Jaw upon the 
amount of property which each may acquire and hold, and 
for the purpose of computing said limits each of said corpora- 
tions shall, in the absence of an agreement between them 
to the contrary, be considered as holding an equal part of 
any property owned 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 respectively deem necessary 
or desirable to accomplish any of the objects set forth in 
this act. 

Section 3. Any personal property from time to time held 
by said corporations as provided in this act and any real 
property so held, in so far as such real property shall be 
occupied by one or more of said corporations or their officers 
for the objects set forth in this act, shall be considered for 
the purposes of taxation as property of the kind described 
in paragraph three of section five of chapter fifty-nine of the 
General Laws, irrespective of whether such property shall 
be held separately, jointly or as tenants in common. 

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

Approved March SO, 1964. 



Acts, 1954. — Chaps. 262, 263. 159 



An Act relative to the transportation of oleomar- QjiQ^p 262 

QARINE for sale. ' 

Whereas, The deferred operation of this act would tend pr^ambi""-^ 
to defeat its purpose which is to provide for the repeal of 
certain provisions of the General Laws forthwith, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public health and con- 
venience. 

Be it enacted, etc., as follows: 

Sections fifty-two, fifty-six and fifty-seven of chapter g. l. (Xer. 
ninety-four of the General Laws are hereby repealed. §§^52,^56, 57. 

Approved April 1, 1964. repealed. 



An Act making appropriations for the fiscal year 
ending june thirtieth, nineteen hundred and fifty- 
four, to provide for supplementing certain existing 
appropriations, and for certain new activities and 
projects. 

Be it enacted, etc., as follows: 

Section 1. To provide for meeting deficiencies in certain 
appropriations previously made, and for certain new activi- 
ties and projects, the sums set forth in section two, for the 
several purposes and subject to the conditions specified in 
said section, are hereby appropriated for the current fiscal 
year 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 public 
funds and the approval thereof, the sums so appropriated 
to be in addition to any amounts at present available for 
the purposes. 

Section 2, 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Service of the Legislature. 

Item 

0102-53 For expenses of the counsel to the house of 

representatives ..... $480 00 

0102-60 For traveling and such other expenses of 
the committees of the house of representa- 
tives as may be authorized by order of the 
house of representatives .... 350 00 

0110-04 For expenses in connection with the publi- 
cation of the bulletin of committee hear- 
ings and of the daily list, with the approval 
of the joint committee on rules, including 
not more than two permanent positions, 
to be in addition to the balance in accounts 
payable under item 0110-04 as appro- 
priated by section two of chapter three 
hundred and ten of the acts of nineteen 
hundred and fifty-two .... 10,500 00 



Chap.2QS 



160 Acts, 1954. — Chap. 263. 



Item 

0204-00 1 From the unexpended balance remaining in 
0101-60 j item 0204-00 of section two of chapter 
four hundred and eighty-nine of the acts 
of nineteen hundred and fifty-three the 
sum of six hundred and fifty dollars is 
hereby transferred and made available for 
the purposes of item 0101-60 of said sec- 
tion two of said chapter four hundred and 
eighty-nine. 
0204-00 \ From the unexpended balance remaining in 
0102-04 / item 0204-00 of section two of chapter 
four hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three the sum 
of one hundred and ninety-seven dollars 
is hereby transferred and made available 
for the purposes of item 0102-04 of said 
section two of said chapter four hundred 

and eighty-nine $303 00 

0204r-00 \ From the unexpended balance remaining in 
0103-02 / item 0204-00 of section two of chapter 
four hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three the sum 
of thirty-five dollars is hereby transferred 
and made available for the purposes of 
item 0103-02 of sections two of chapters 
four hundred and eighty-nine and six 
hundred and seventy-five of the acts of 
nineteen hundred and fiftj'^-three. 
0204-00 \ From the unexpended balance remaining in 
0103-05 / item 0204-00 of section two of chapter 
four hundred and eighty-nine of the acts 
of nineteen hundred and fifty-three the 
sum of six hundred and eighteen dollars 
is hereby transferred and made available 
for the purposes of item 0103-05 of said 
section two of said chapter four hundred 
and eighty-nine. 
0204-00 "I From the unexpended balances remaining in 
0103-04 [ item 0204-00 of section two of chapter 
0110-05 J four hundred and eighty-nine of the acts 
of nineteen hundred and fifty-three and 
item 0103-04 of sections two of chapters 
four hundred and eighty-nine and six hun- 
dred and seventy-five of the acts of nine- 
teen hundred and fifty-three the sum of 
eight hundred dollars from said item 
0204-00 and the sum of three thousand 
two hundred dollars from said item 0103- 
04 shall be transferred to and made avail- 
able for the purposes of item 0110-05 of 
said section two of said chapter four hun- 
dred and eighty-nine. 
0229-00 \ From the unexpended balance remaining in 
0103-51 / item 0229-00 of section two of chapter six 
hundred and thirty-two of the acts of 
nineteen hundred and fifty-two and resolve 
seven of the acts of nineteen hundred and 
fifty-three the sum of five thousand dol- 
lars is hereby transferred and made avail- 
able for the purposes of item 0103-51 of 
section two of chapter four hundred and 
eighty-nine of the acts of nineteen hundred 
and fifty-three. 



Acts, 1954. — Chap. 263. 



61 



Item 

Special : 
0229-00 \ From the unexpended balance remaining in 
0110-09 / item 0229--O0 of section two of chapter six 
hundred and thirty-two of the acts of 
nineteen hundred and fifty-two and re- 
solve seven of the acts of nineteen hundred 
and fifty-three the sum of five thousand 
dollars is hereby transferred and made 
available for the purposes of item 0110- 
09 of said section two of said chapter six 
hundred and thirty-two. 
0229-00 \ From the unexpended balance remaining in 
0267-00 / item 0229-00 of section two of chapter six 
hundred and thirty-two of the acts of 
nineteen hundred and fifty-two and re- 
solve seven of the acts of nineteen hundred 
and fifty-three the sum of two thousand 
dollars is hereby transferred and made 
available for the purposes of item 0267-00 
of section two of chapter six hundred and 
seventy-five of the acts of nineteen hun- 
dred and fifty-three. 



Service of the Judiciary. 
0302-05 See item 0320-05. 

Special ; 
0320-05 For the development of uniform forms to be 
used in the probate courts throughout the 
commonwealth ..... 



$6,000 00 



Service of the Executive Department. 

Civil Defense Agency. 

0406-01 For the service of the civil defense agency, 
as authorized by chapter six hundred and 
thirty-nine of the acts of nineteen hundred 
and fifty and chapter five hundred and 
tM'enty-two of the acts of nineteen hundred 
and fifty-one as further amended by chap- 
ter four hundred and ninety-one of the 
acts of nineteen hundred and fifty-three . 



$17,500 00 



Service of the Military Division. 

0423-02 For the operation of armories of the first 
class, including not more than eighty-four 
permanent positions .... 



$20,000 00 



Boards and Commissions serving under Governor and Council. 

State Airport Management Board. 
0493 01 For the operation of the Logan airport, in- 

$25,000 00 



eluding not more than one hundred and 
five permanent positions 



Service of the Secretary of the Commonwealth. 

0501-02 1 From the unexpended balance remaining in 

0503-02 / item 0501-02 of section two of chapter 

four hundred and eighty-nine of the acts 



162 



Acts, 1954. — Chap. 263. 



Item 



0502-01 
0503-01 



of nineteen hundred and fifty-thiee the 
sum of one hundred and fifty dollars is 
hereby transferred and made available for 
the purposes of item 0503-02 of said sec- 
tion two of said chapter four hundred and 
eighty-nine. 
From the unexpended balance remaining in 
item 0502-01 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three the sum 
of nine hundred and fifty dollars is hereby 
transferred and made available for the 
purposes of item 0503-01 of said section 
two of said chapter four hundred and 
eighty-nine. 



Service of the Treasurer and Receiver-General. 

State Board of Retirement. 

0604-01 For the administrative office of the board, 
including not more than eighteen perma- 
nent positions ..... $500 00 

0604-03 Item 0604-03 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended by striking out, in line 10, the 
words "one hundred and seventy-five" 
and inserting in place thereof the words : — 
two hundred and five . 300,000 00 



Emergency Finance Board. 

0605-01 For administrative expenses of the board, 
including not more than one permanent 
position ...... 



$3,500 00 



Service 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; provided, 
that the comptroller shall transfer to the 
General Fund from the appropriate funds 
siuns equal to the payments made under 
this item for claims against agencies whose 
appropriations are derived from other 
funds $10,000 00 

0802-02 For the settlement of certain small claims, 
as authorized by section three A of chapter 
twelve of the General Laws . . 5,000 00 



Service of the Department of Banking and Insurance. 

Division of Insurance. 

1103-02 For the service of the division, including ex- 
penses of the board of appeal and certain 
other costs of supervising motor vehicle 
liability insurance, and including not more 
than two hundred and forty permanent 
positions; provided, that contracts or 



Acts, 1954. — Chap. 263. 



163 



rtem 



orders for the purchase of statement blanks 
for the making of annual reports to the 
commissioner of insurance shall not be 
subject to the restrictions prescribed by 
section one of chapter five of the General 
Laws; and, provided further, that the 
comptroller shall transfer to the General 
Fund the sum of one hundred and fifty- 
seven thousand two hundred and fifty-five 
dollars from the Highway Fund 



$9,047 00 



Service of the Department of Corporations and Taxation. 

1201-02 Item 1201-02 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended by striking out, in line 12, the 
words "four hundred and seventy-five" 
and inserting in place thereof the words: — 
five hundred and five . . . $30,000 00 

1201-03 Item 1201-03 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended by striking out, in line 4, the 
word "twenty-two" and inserting in place 
thereof the word : — twenty-three . 5,000 00 

1201-12 For expenses of the division of field investi- 
gation and temporary taxes . . 500 00 

1201-22 For expenses for the administration of an 
excise on meals; provided, that a sum 
equivalent to the payments under this 
item shall be transferred to the General 
Fund from amounts collected under chap- 
ter sixty-four B of the General Laws . 5,000 00 

1202-02 For expenses of the income tax division; 
provided, that a sum equivalent to the 
payments under this item shall be trans- 
ferred to the General Fund from receipts 
of the income tax 21,000 00 

Special : 

1202-03 For the purchase of equipment; provided, 
that a sum equivalent to the payments 
imder this item shall be transferred to the 
General Fund from receipts of the income 
tax 125,000 00 

1203-01 Item 1203-01 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended in line two by striking out the 
word "twenty-one" and inserting in place 
thereof the word: — twenty-two. 



1301-10 



1301-53 



Service of the Department of Education. 

P'or the service of the state building on New- 
bury Street, Boston, including not more 

than four permanent positions $5,000 00 

For the reimbiu-sement of certain towns for 

the transportation of pupils as provided by 

law; provided, that a sum equivalent to 

the payments imder this item shaU be 

transferred to the General Fund from the 

receipts of the income tax . . . 197,684 00 



164 



Acts, 1954. — Chap. 263. 



Item 

1327-20 

1327-10 



1337-01 



1380-10 



1381-01 
1382-01 
1384-01 
1380-01 



1385-01 



1393-05 



From the unexpended balance remaining in 
item 1327-20 of section two of chapter 
four hundred and eighty-nine of the acts 
of nineteen hundred and fifty-three the 
sum of five hundred and seventy-five dol- 
lars is hereby transferred and made avail- 
able for the purposes of item 1327-10 of 
said section two of said chapter four hun- 
dred and eighty-nine. 

For the maintenance of and for certain im- 
provements at the following state teachers' 
colleges, and the boarding halls attached 
thereto, ivith the approval of the commis- 
sioner of education: 
State teachers' college at Worcester, includ- 
ing not more than fifty-four permanent 
positions $12,500 00 

Youth Service Board. 

For reimbursement of cities and towns for 

tuition of children attending the public 

schools $2,800 00 

From the unexpended balances remaining in 

items 1381-01 of section two of chapter 

four hundred and eighty-nine of the acts 

of nineteen hundred and fifty- three, 1382- 

01 of sections two of chapters four hundred 

and eighty-nine and six hundred and 

seventy-five of the acts of nineteen hundred 

and fifty-three, and 1384r-01 of said section 

two of said chapter four hundred and 

eighty-nine, the sums of two thousand 

dollars from said item 1381-01, three 

thousand dollars from said item 1382-01 

and ten thousand dollars from said item 

1384r-01 are hereby transferred and made 

available for the purposes of item 1380-01 

of said sections two of said chapters four 

hundred and eighty-nine and six hundred 

and seventy-five. 
For the operation of the Institute of Juvenile 

Guidance, including not more than twenty 

permanent positions .... 65,885 00 

School Building Assistance Commission. 

For reimbursement of certain cities and 
towns for part of the cost of construction of 
school projects, as authorized by chapter 
six hundred and forty-five of the acts of 
nineteen hundred and forty-eight, as 
amended, to be in addition to any amount 
heretofore appropriated for the purpose; 
provided, that a sum equivalent to the 
payments under this item be transferred 
to the General Fund from the receipts of 
the income tax .'52,600,000 00 



Service of the Department of Civil Service and Registration. 
Division of Registration. 
1403-02 For the service of the division, including not 



more than forty-four permanent positions 



$4,800 00 



Acts, 1954. — Chap. 263. 



165 



Item 

1551-41 



1551-42 



Service of the Department of Commerce. 

Item 0456-04 of section two of chapter four 
hundred and eight of the acts of nineteen 
hundred and fifty-three is hereby amended 
by striking out, in line 5, the word "fifty- 
three" and inserting in place thereof the 
word : — fifty-four. 

Special : 
For the cost of certain aerial photography, 
in co-operation with the production and 
marketing administration of the United 
States department of agricultui-e, and in- 
cidental expenses in connection therewith 



$255 00 



Service of the Department of Labor and Industries. 

1651-06 Item 1651-06 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended by striking out, in hne 9, the word 
"fifty-eight" and inserting in place thereof 
the word: — ninety-three . . $100,000 00 



1812-01 



Service of the Department of Correction. 

For the maintenance of and for certain im- 
provements at the following institutions 
under the control of the department of 
correction: 
State prison, including not more than one 

hundred and sixty-four permanent positions 



$105,000 00 



Service of the Department of Public Welfare. 

1904-16 For administrative cost and for the reim- 
bursement of cities and towns for total and 
permanent disability assistance, as pro- 
vided by chapter one hundred and eighteen 
D of the General Laws, and for payments 
made in accordance with section three of 
said chapter one hundred and eighteen D . $514,508 00 

1906-05 For tuition in the public schools, including 
transportation to and from school, of 
children boarded by the department, for 
the twelve months ending June thirtieth, 
nineteen hundred and fifty-three 55,000 00 



Service of the Department of Public Health. 

2026-00 Item 2026-00 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended by striking out the word "three", 
in line 2, and inserting in place thereof the 
words: — two hundred and forty-seven $125,000 00 



Service of the Department of Public Safety. 

2104r-ll For the building inspection service, including 
not more than thirty-one permanent po- 
sitions ....... 



$16,320 00 



166 Acts, 1954. — Chap. 263. 



Non-Conta-ibutory Pensions. 
Item 

2811-02 For the compensation of veterans who may 
be retired by the governor under the pro- 
visions of sections fifty-six to fifty- line, 
inclusive, of chapter thirty-two of the 
General Laws, and for the cost of medical 
examinations in connection therewith . $225,000 00 



Miscellaneous. 

2820-16 For the payment of certain claims, as author- 
ized by chapters six and seventeen of the 
resolves of the current j^ear . . . $3,586 30 

2820-17 For the representation of the commonwealth 
at the convention of National Customs 
Service Association as authorized by chap- 
ter thirty-two of the resolves of the cur- 
rent year ...... 500 00 



APPROPRIATIONS MADE FROM THE HIGHWAY FUND. 
Service of the Department of Public Works. 

Highivay Activities. 

Expenditures made from the following appro- 
priations for hiijhway activities shall be 
coded according to a system established by 
the department of public works and the 
comptroller, ivith the approval of the joint 
committee on ivays and means: 
2900-04 For the maintenance and repair of state high- 
ways and bridges, traffic signs and signals, 
including the cost of snow and ice control 
on state highways and town roads and 
including traffic safety devices on town 
and city ways as the department may 
deem necessary; for work for which the 
Highway Fund is reimbursed other than 
work in connection with the projects in- 
cluded in federal aid programs; and for 
the purchase, construction and repair of 
shelters for departmental equipment and 
material, the cost of which is less than ten 
thousand dollars for each project; provided, 
that amounts made available by this item 
in any fiscal year shall be available for ex- 
penditure in the succeeding fiscal year . $350,000 00 

Special : 
2900-07 For the construction, improvement and 
maintenance by the department of public 
works of public roads in state forests, 
parks and reservations outside of the 
Metropolitan Parks districts, as author- 
ized by chapter five hundred and sixty- 
three of the acts of nineteen hundred and 
fifty-two, as amended, to be in addition to 
any amount heretofore appropriated for 
the purpose 200,000 00 



Acts, 1954. — Chap. 263. 167 

Item 

2900-12 Item 2900-12 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended by striking out the wording and 
inserting in place thereof the following: — 
For projects for improving state highways 
and through routes, including bridges, and 
including construction and reconstruction, 
it being the intent of the general court that 
state highways shall be made continuous 
whether or not sections to be made state 
highways require construction work; for 
turnouts or rest areas within highway 
rights of way, including contingent ex- 
penses therefor; and upon agreement with 
city or town officials, for construction of 
needed improvements on other through 
routes not designated as state highways 
and without acceptance by the common- 
wealth of responsibility for maintenance; 
provided, that any portion of the sum ap- 
propriated herein may be used in conjunc- 
tion with city or town funds; and, pro- 
vided further, that amounts made available 
by this item in any fiscal year shall be 
available for expenditure in the succeeding 
fiscal year $1,250,000 00 

Special : 
2900-29 For the construction of a certain footbridge 
at Cove Street, Eevere, as authorized by 
chapter five hundred and eighty-seven of 
the acts of nineteen hundred and fifty- 
three 40,000 00 

Service of the Metropolitan District Commission. 
2931-06 Item 2931-06 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three as 
amended by section two of chapter six 
hundred and seventy-five of the acts of 
nineteen hundred and fifty-three is hereby 
further amended in the last line by adding 
after the word " cents " the words : — ; and, 
further provided, that notwithstanding 
any other provision of law to the contrary, 
a certain claim of Oral Leavitt shall be 
paid for salary earned but not paid for the 
years nineteen hundred and forty-seven 
to nineteen hundred and fifty, inclusive, 
not to exceed eight hundred and thirty- 
eight dollars and thirty-nine cents. 

Interest and Redemption of Debt. 

2951-00 For the payment of interest on the direct 
debt of the commonwealth for the year 
nineteen himdred and fifty-four and pre- 
vious years, to be in addition to the 
amounts appropriated in items 2410-00, 
3180-02 and 3590-02 of section two of 
chapter four hundred and eighty-nine of 
the acts of nineteen hundred and fifty-three 
and items 2410-00 and 3180-02 of this 
act $8,285 00 



168 



Acts, 1954. — Chap. 263. 



APPROPRIATIONS MADE FROM THE PORT OF BOSTON 

FUND. 

Interest and Redemption of Debt. 
Item 

3180-02 \ From the unexpended balance remaining in 
2410-00 / item 3180-02 of section two of chapter 
four hundred and eighty-nine of the acts 
of nineteen hundred and fifty-three the 
sum of seventeen thousand four hundred 
and seventy-four dollars is hereby trans- 
ferred and made available for the purposes 
of item 2410-00 of said section two of said 
chapter four hundred and eighty-nine. 



APPROPRIATIONS MADE FROM THE VETERANS' SERVICES 

FUND. 



Service of the Commissioner of Veterans' Services 

3501-03 For the payment of annuities to certain dis- 
abled war veterans, as authorized by sec- 
tions six A to six C, inclusive, of chapter 
one hundred and fifteen of the General 
Laws ....... 



$5,000 00 



Service of the Veterans' Bonus Commission. 

3511-01 For personal services and other expenses of 
the commission in connection with the 
pajonent of the veterans' bonus so-called, 
as authorized by chapter four hundred 
and forty of the acts of nineteen hundred 
and fifty-three; provided, that requisi- 
tions for persons to be employed under the 
provisions of this item shall be issued under 
the provisions of chapter thirty for periods 
not to exceed six months and may from 
time to time be renewed for like periods 

Miscellaneous. 

The following three items are for the cur- 
rent and the succeeding fiscal year: 

3530-06 For the representation of the commonwealth 
at the convention of the Yankee Division 
Veterans Association, as authorized by 
chapter eight of the resolves of the current 
year ....... 

3530-07 For the representation of the commonwealth 
at the convention of the Gold Star Mothers, 
as authorized by a resolve of the current 
year ....... 

3530-08 For the representation of the commonwealth 
at the convention of The American Legion, 
as authorized by a resolve of the current 
year ....... 



$6,500 00 



$5,000 00 
1,000 00 
1,000 00 



APPROPRIATIONS PAYABLE FROM REVENUE CREDITED 
TO THE OLD AGE ASSISTANCE FUND, 

3601-30 This item omitted. 



Acts, 1954. — Chap. 263. 



169 



Service of the Alcoholic Beverages Control Commission. 



Item 



3604-01 For the service of the commission, including 
not more than sixty-five permanent po- 
sitions ....... 



$3,000 00 



APPROPRIATIONS PAYABLE FROM THE METROPOLITAN 
DISTRICT COMMISSION FUNDS. 

The folloiving appropriations are to be as- 
sessed upon the several districts in accord- 
ance with the methods fixed by law, unless 
otherwise provided, and to be expended 
under the direction of the Metropolitan 
District Commission: 



Metropolitan Parks, General. 

8601-23 Item 8601-23 of section two of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three as 
amended by section two of chapter six 
hundred and seventy-five of the acts of 
nineteen hundred and fifty-three is hereby 
further amended by striking out the wording 
and inserting in place thereof the following: 
For projects and improvements in connec- 
tion with the development and mainte- 
nance of recreation areas, including a 
family lecreation area in the vicinity of 
Carson beach in the city of Boston, and to 
supplement appropriations previously made 
in the Metropolitan District Parks Fund 
for the development of such areas; pro- 
vided, that the provisions of section thirty 
A of chapter seven of the General Laws 
shall not apply to expenditures made from 
this item. This appropriation expires on 
June thirtieth, nineteen hundred and fifty- 
six ....... 



$400,000 00 



Metropolitan Water System. 

8902-00 For the maintenance and operation of the 
metropolitan water system, including the 
retirement of veterans under the provisions 
of the General Laws and including not 
more than five hundred and eighty perma- 
nent positions $55,000 00 

Special : 
8902-31 For expenses of the removal of existing shafts 
appurtenant to an abandoned water line 
across the Mystic River .... 75,000 00 



DEFICIENCIES. 

For deficiencies in certain appropriations of 
previous years, in certain funds, as follows 

2899-00 General Fund 

2999-00 Highway Fund .... 

3999-00 Mosquito Control Fund . 

8799-00 Metropohtan District North Sewage Fund 



$20,316 00 

11,147 00 

273 00 

1,587 GO 



170 Acts, 1954. — Chap. 263. 

Section 3. Wherever, in section two of this act, it is 
provided that transfers shall be made from a fund, account 
or receipts, of a specific sum, a percentage of payments, or a 
sum equivalent to payments, such transfers of a specific 
sum shall be made upon the effective date of this act, and 
all others shall be made quarterly unless otherwise provided ; 
except, that at the close of a fiscal year, the amount equiva- 
lent to payments in a continuing account shall be construed 
to mean the amount of such appropriation. 

Section 4. No moneys appropriated under this act shall 
be expended for reimbursement for the expenses of meals 
for persons while traveling within or without the common- 
wealth at the expense thereof, unless such reimbursement is 
in accordance with rules and rates which are hereby author- 
ized to be established from time to time by the commission 
on administration and finance. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed seven cents a mile. No payment shall 
be made or obligation 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 otherwise shown by the files of said 
committee, a copy of which shall be deposited with the 
division of personnel and standardization, no part of sums 
so appropriated in section two shall be available for pay- 
ment of salaries of any additional permanent position, or 
for payments on account of reallocations of permanent 
positions, or for payments on account of any change of 
salary range or compensation of any permanent position, 
notwithstanding any special or general act to the contrary; 
provided, that no vacancy occurring in any permanent 
position 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 Massa- 
chusetts 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 commission on 
administration and finance. 

Section 7. In addition to the paynaent of regular sala- 
ries, sums appropriated for personal services in the fiscal 
year nineteen hundred and fifty-four shall be available for 
the payment of such other forms of compensation as may 
be due under existing statutes, or under the provisions 



Acts, 1954. — Chap. 264. 171 

of rules and regulations made in accordance with said 
statutes. 

Section 8. All federal subventions and grants available 
to the commonwealth under any act of congress and not 
otherwise authorized to be received shall be paid into the 
treasury of the commonwealth; provided, however, that 
appUcations for such subventions and grants, and for trans- 
fers within such subventions and grants, shall be subject 
to the approval of the commission on administration and 
finance. All federal subventions and grants received by the 
commonwealth may be expended without specific appro- 
priation if such expenditures are otherwise in accordance 
with law. All income, including federal subventions and 
grants, received by the commonwealth from or on account 
of veterans in payment for veterans' services, shall be credited 
to the veterans' services fund. 

Section 9. No agency of the commonwealth receiving 
an appropriation under section two of this act shall make any 
expenditure for any bulletin regularly printed, mimeographed 
or prepared in any other way, whether for outside or inter- 
departmental circulation unless publication of such bulletin 
shall have been approved by the state purchasing agent. 

Section 10. 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 
during the fiscal year ending June thirtieth, nineteen hun- 
dred and fifty-four, the governor with 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 otherwise 
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 transferred 
function or for any agency which by such act is abolished or 
merged with one or more agencies or whose functions are 
reduced; and in connection with such allocations may trans- 
fer the permanent positions provided for in the said appro- 
priations. 

Section 11. This act shall take effect upon its passage. 

Ap-proved April 1, 1954. 



C/iap.264 



An Act relative to further stay of judgment and 
execution in actions of summary process. 

Whereas, The deferred operation of this act would tend ^™ambie°^ 
to defeat its purpose, which is to continue in operation the 
provisions of law relative to the stay of judgment and execu- 
tion in actions of summary process, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the pubhc convenience. 



172 Acts, 1954. — Chap. 265. 

Be it enacted, etc., as follows: 

Section 1. Chapter 43 of the acts of 1946 is hereby 
amended by striking out section 1, as most recently amended 
by chapter 301 of the acts of 1950, and inserting in place 
stays of thereof the following section : — Section 1 . So long as this 

iegXted.' act continues in force, a stay or successive stays of judgment 
and execution may be granted under sections nine to thir- 
teen, inclusive, of chapter two hundred and thirty-nine of 
the General Laws, for a period not exceeding twelve months 
or for periods not exceeding twelve months in the aggregate 
in cases where the premises are located in a city or town 
where rent control is in effect pursuant to chapter four 
hundred and thirty-four of the acts of nineteen hundred and 
fifty-three, and for a period not exceeding six months or for 
periods not exceeding six months in the aggregate in cases 
where the premises are located in a city or town where rent 
control is not in effect; provided, however, that a stay of 
judgment and execution in the case of premises occupied by 
an employee of a farmer conditioned upon his employment 
by such farmer and which employment has been legally 
terminated, shall not be granted for a longer period than 
two months, in the aggregate. 

Section 2. Section 2 of said chapter 43, as most recently 
amended by chapter 25 of the acts of 1952, is hereby further 
amended by striking out, in hne 2, the word "fifty-four" 
and inserting in place thereof the word : — fifty-five, — so 
as to read as follows: — Section 2. This act shall become 
inoperative on March thirty-first, nineteen hundred and 
fifty-five. Approved April 1, 1954. 

C/iap.265 An Act redefining the word "employer", as used in 

THE workmen's COMPENSATION LAW. 

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

pream e. ^^ defeat its purpose, which is to enable immediately certain 

employers associated in a joint venture to be Hcensed jointly 
as a self-insurer under the worlanen's compensation law, 
therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

%d)' ilr'i 1 Section 1 of chapter 152 of the General Laws is hereby 
amended.' ' amended by striking out paragraph (5) and inserting in 

place thereof the following paragraph: — 
^Employer". (5) "Employer", an individual, partnership, association, 
corporation or other legal entity, or any two or more of the 
foregoing engaged in a joint enterprise, and including the 
legal representatives of a deceased employer, or the receiver 
or trustee of an individual, partnership, association, corpora- 
tion or other legal entity, employing employees subject to 
this chapter. Approved April 5, 1954. 



Acts, 1954. — Chaps. 266, 267. 173 



An Act relative to the power of boiler and machinery Chav 266 

INSURANCE COMPANIES TO MAKE INSPECTIONS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make effective without delay p^'^^mbie. 
the power granted thereby to boiler and machinery insurance 
companies to make inspections, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public safety. 

Be it enacted, etc., as follows: 

Section 47 of chapter 175 of the General Laws is hereby g. l. (Ter. 
amended by striking out clause Fifth, as appearing in the f^^ende^cf ' ^ ^^' 
Tercentenary Edition, and inserting in place thereof the 
following clause : — 

Fifth, To insure against loss or damage to any property certain inspec- 
of the insured, and against legal hability for loss or damage and m^achiner 
on account of the bodily injury or death of any person or insurance 
any damage to property of another, caused by the break- authorfzed. 
age, explosion or rupture of, or any accidental injury to, 
steam boilers and pipes and containers connected therewith, 
any hghting, heating or cooking apparatus or their connec- 
tions, flywheels, power wheels, and engines or other appara- 
tus for applying or transmitting motive or electrical power, 
tanks or other receptacles under pressure, or their connec- 
tions, or machinery of any kind, and against loss of use and 
occupancy caused thereby; and against loss or damage caused 
by the interruption by any cause of electric current or of 
water or gas supply furnished by a public utility company 
or municipahty; and to make inspections of boilers, ma- 
chinery and apparatus of any kind, whether or not insured. 

Approved April 6, 1954. 

An Act relative to certain promotions in the official fhrij) 267 

SERVICE UNDER THE CIVIL SERVICE LAWS. ^ 

Be it enacted, etc., as follows: 

Section 15 of chapter 31 of the General Laws is hereby g. l. (Ter. 
amended by striking out paragraph A, as most recently ^tl! 'amended. 
amended by section 1 of chapter 317 of the acts of 1952, and 
inserting in place thereof the following paragraph : — 

A. An appointing authority, with the approval of the Certain 
director, may promote in the same department or division uLd?°d^f 
of a department in the official service a permanent employee service, 
in one grade to the next higher grade as determined by the ^"^^ °"'''"^' 
director; provided, that such employee has been employed 
after certification for at least three years in the lower 
grade, is the oldest employee, the second oldest employee 
or the third oldest employee in length of service, and that 
such employee passes a quahfying examination prescribed 
by the director. In case of promotions of more than one 
employee, the next oldest employees in succession in length 
of service may be selected from the same number of such 



174 



Acts, 1954. — Chaps. 268, 269. 



oldest employees as that provided in the civil service rules 
governing certification for more than one vacancy. This 
paragraph shall not apply in any case where a promotion is 
required to be made as provided in section twenty. 

Ay-proved April 5, 1954. 



G. L. (Ter. 
Ed.). 32, new 
§ 851, added. 

Creditable 
service in 
retirement 
of certain 
persons, 
allowed. 



CAap. 268 An Act relative to creditable service in the retire- 
ment OF CERTAIN POLICE OFFICERS AND FIREMEN IN 
certain CITIES AND TO^VNS. 

Be it enacted, etc., as follows: 

Chapter 32 of the General Laws is hereby amended by in- 
serting after section 85H, inserted by section 2 of chapter 
431 of the acts of 1952, the following section: — Section 851. 
Notwithstanding the provisions of section eighty-five G, 
any member of a police or fire department of a city or town 
which accepts this section in the manner hereinafter pro- 
vided who is hereafter retired under the provisions of sec- 
tions eighty to eighty-five F, inclusive, and who was ap- 
pointed a reserve police ofiicer or a reserve or call fireman 
prior to July first, nineteen hundred and thirty-seven, may, 
for the purposes of such retirement, be accredited as a part 
of his continuous service such service as a reserve police 
officer or reserve or call fireman as the retiring authority 
shall determine. 

This section shall take effect in a city having a Plan E 
charter when accepted by an affirmative vote of two thirds 
of the city council, and approved by the city manager; in the 
case of other cities by a two thirds vote of the city council 
and approved by the mayor; and in a town by a majority 
vote at the annual town meeting. 

Approved April 5, 195Jf. 



C hap. 2Q9 An Act to extend the period for filing applications 

FOR abatement OF PERSONAL INCOME TAX. 



G. L. (Ter. 
Ed.), 62. § 43, 
etc., amended. 



Applications 
for abatement 
of personal 
income tax, 
regulated. 



Be it enacted, etc., as follows: 

Chapter 62 of the General Laws is hereby amended by 
striking out section 43, as most recently amended by section 
46 of chapter 654 of the acts of 1953, and inserting in place 
thereof the f olloAving section : — Section 43. Any person 
who beUeves he has overpaid any tax imposed by this chap- 
ter may apply in writing to the state tax commission, here- 
inafter called the commission, on a form prescribed by it for 
an abatement of any such overpayment of tax at any time 
within three years from the last day for filing the return re- 
quired by this chapter, or within one year after the date of 
such overpayment, whichever occurs later. If, after a hear- 
ing, or otherwise, the commission finds that the tax paid 
exceeds the amount due, it shall abate such excess. The 
state treasurer shall repay to the person assessed the amount 
of such abatement, with interest thereon at the rate of three 
per cent per annum from the time it was paid. The com- 



Acts, 1954. — Chaps. 270, 271. 175 

mission shall notify the apphcant by registered mail of its 
decision upon the application for abatement. 

Approved April 5, 1954. 

An Act providing for the prompt payment of addi- nhniy 070 

TIONAL CORPORATE EXCISE TAX FOUND DUE AFTER FINAL ^' 

DETERMINATION OF FEDERAL NET INCOME. 

Be it enacted, etc., as follows: 

Section 1. Section 36 of chapter 63 of the General Laws, g. l. (Ter. 
as most recently amended by section 57 of chapter 654 of the ^tti'am^ided. 
acts of 1953, is hereby further amended by striking out the 
first two sentences and inserting in place thereof the follow- 
ing sentence : — Any final determination of the federal net Payment of 
income made pursuant to the provisions of federal law under poratlfexcise"^" 
which such net income is found to differ from the net income **^' '^suiated. 
originally reported to the federal government shall be re- 
ported, accompanied by payment by the corporation of any 
additional tax due with interest computed in accordance 
with section forty-eight, to the commissioner within seventy 
days of receipt by it of notice of such final determination, 
with a statement of the reasons for the difference in such de- 
tail as the commissioner may require. 

Section 2. Said section 36 of said chapter 63 is hereby g. l. (Ter. 
further amended by adding at the end the following para- ftc'^'f^thL^^' 

graph : amended. 

Any corporation failing to comply with the provisions con- penalties. 
tained in the first paragraph hereof shall be assessed a penalty 
in the sum of one hundred dollars, or ten per cent of the addi- 
tional tax found due, whichever sum is smaller, said penalty 
to become part of the additional tax found due. For reason- 
able cause shown, the commission may, in its discretion, 
abate in whole or in part the penalty provided herein. 

Approved April 5, 1954. 

An Act relative to supervision, control, appropria- /^z,^^ 271 
tions, receipts and expenditures pertaining to ^' 

athletic and other organizations composed of public 
school pupils and organized under or in connection 
with the school name. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 47, as most recently amended by section ^tc'^'ameidtd 
1 of chapter 316 of the acts of 1952, and inserting in place 
thereof the following section: — Section 4'^- The committee supervision 
may supervise and control all athletic and other organizations certairschoo/ 
composed of public school pupils and bearing the school and athletic 
name or organized in connection therewith. It may directly °''^^'^*==^*""'^- 
or through an authorized representative determine under 
what conditions the same may compete with similar organi- 
zations in other schools. Expenditures by the committee for 



176 Acts, 1954. — Chap. 272. 

the organization and conduct of physical training and exer- 
cises, athletics, sports, games and play, for providing proper 
apparatus, equipment, supplies, athletic wearing apparel, in- 
cluding appropriate souvenir garments and trophies, and 
facilities for the same in the buildings, yards and playgrounds 
under the control of the committee, or upon any other land 
which it may have the right or privilege to use for this pur- 
pose, and for the emplojTnent of experienced athletic direc- 
tors to supervise said physical training and exercises, ath- 
letics, sports, games and play, shall be deemed to be for a 
school purpose. Cities and towns may appropriate for the 
employment of coaches to supervise in public schools physi- 
cal training and exercises, athletics, sports, games and play, 
and for the transportation of public school athletic teams, 
coaches, cheerleaders, and bands bearing the school name, 
formed in pursuance of the school purposes authorized by 
this section, within and without the commonwealth to places 
where athletic contests or said physical exercises, sports, 
games, play or musical festivals or competitions are held, 
and for the purchase of uniforms and musical instruments for 
the members of bands composed of public school pupils and 
bearing the school name organized in conjunction with the 
school purposes as aforesaid. All receipts by the committee 
in connection with the conduct of activities provided for 
under this section shall be deposited with the treasurer of 
such town or, in cases where the town is a member of a re- 
gional school district, with the treasurer of such district and 
held as a separate account and expended by said school com- 
mittee without further appropriation, notwithstanding the 
provisions of section fifty-three of chapter forty-four. No 
moneys may be expended from an appropriation or from the 
separate fund authorized by this section except upon the 
approval of the school committee, or of the selectmen in 
towns and of mayors in cities, for travel to other states. 

Approved April 5, 1954- 



Chap. 272 An Act regulating the time for filing certain state- 
ments OF political expenses of candidates for elec- 
tive OFFICE. 

Be it enacted, etc., as follows: 

EdV'isTie Section 16 of chapter 55 of the General Laws, as appearing 
etc!, 'amended! in scctiou 10 of chapter 537 of the acts of 1946, is hereby 
amended by striking out, in line 19, the word "fourteen" 
and inserting in place thereof the word: — sixteen. 

Approved April 5, 1954- 



Acts, 1954. — Chaps. 273, 274, 275. 177 



An Act providing for annual audits of the accounts Chap.27S 

OF REGIONAL HEALTH DISTRICTS BY THE BUREAU OF AC- 
COUNTS OF THE DEPARTMENT OF CORPORATIONS AND TAXA- 
TION. 

Be it enacted, etc., as follows: 

The fifth paragraph of section 27B of chapter 111 of the o. l. (Ter. 
General Laws, inserted by section 1 of chapter 600 of the f 27Bfltc., 
acts of 1953, is hereby further amended by striking out, in t' mended. ' 
the last sentence, the word "division" and inserting in place 
thereof the word: — bureau. Approved April 5, 1954. 



An Act relative to the service charges for securing (^/^q^? 274 

MOTOR vehicle LIABILITY INSURANCE FOR CERTAIN PER- ^' 

SONS. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 113H, inserted by section 5 of chapter ftisZ/a^ddeZ 
570 of the acts of 1953, the following section: — Section 1131. service charges 
The commissioner shall fix and estabhsh a schedule of fair |,°^t^^°'i4'^i^ie 
and reasonable service charges, together with enabhng rules liability insur- 
and regulations, in connection with the securing or placing "''°®' '•'^g"!**®^- 
of motor vehicle liabihty insurance under the plan of appor- 
tionment provided for under the provisions of section one 
hundred and thirteen H. Whenever any person duly licensed 
under any provision of this chapter fails to comply with such 
promulgations, the commissioner, for cause shown and after 
a hearing, shall suspend his hcense for such period of time 
as he in his discretion deems feasible. 

Approved April 6, 1954. 



An Act relating to individual accident and health Qfid^n 275 

INSURANCE POLICIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 175 of the General Laws is hereby o. l. (Ter. 
amended by striking out section 108, as most recently f 'jos/e^t'., 
amended by chapter 607 of the acts of 1947, and inserting amended. ' 
in place thereof the following section : — Section 108. 1. The Accident 
term "pohcy of accident and sickness insurance" as used fnsur^4^ie^ 
herein includes any pohcy or contract covering the kind or poiicie^s,^ ^^^ 
kinds of insurance described in subdivisions (a) and (d) of cont°ntl'^ 
the sixth paragraph of section forty-seven. 

2. (a) No policy of accident and sickness insurance shall 
be delivered or issued for delivery to any person in this com- 
monwealth: until a copy of the policy and the table of rates 
or manual of risks of the company has been on file with the 
commissioner for at least thirty days, unless before the ex- 
piration of said thirty days the commissioner shall have 
approved the pohcy in writing; nor if the commissioner noti- 



178 Acts, 1954. — Chap. 275. 

fies the company in writing that in his opinion the form of 
said policy does not comply with the laws of the common- 
wealth, specifying the reasons for his opinion, provided that 
such action of the commissioner shall be subject to review by 
the supreme judicial court; nor unless: 

(1) The entire money and other considerations therefor 
are expressed therein; and 

(2) The time at which the insurance takes effect and ter- 
minates is expressed therein; and 

(3) It purports to insure only one person, except that a 
pohcy may insure, originally or by subsequent amendment, 
upon the apphcation of an adult member of a family who 
shall be deemed the policyholder, any two or more eligible 
members of that family, including husband, wife, dependent 
children or any children under a specified age which shall not 
exceed nineteen years and any other person dependent upon 
the policyholder; and 

(4) The style, arrangement and over-all appearance of the 
policy give no undue prominence to any portion of the text, 
and unless every printed portion of the text of the policy and 
of any endorsements or attached papers is plainly printed in 
Kght-faced type of a style in general use, the size of which 
shall be uniform and not less than ten-point with a lower- 
case unspaced alphabet length not less than one hundred 
and twenty-point (the text shall include all printed matter 
except the name and address of the insurer, name or title of 
the policy, the brief description if any, and captions and 
subcaptions) ; and 

(5) The exceptions and reductions of indemnity are set 
forth in the policy and, except those which are set forth in 
paragraph three, are printed, at the insurer's option, either 
included with the benefit provision to which they apply, or 
under an appropriate caption such as "exceptions", or 
"exceptions and reductions"; provided, that if an excep- 
tion or reduction specifically applies only to a particular 
benefit of the policy, a statement of such exception or reduc- 
tion shall be included with the benefit provision to which it 
apphes; and 

(6) Each such form, including riders and endorsements, 
shall be identified by a form number in the lower left-hand 
corner of the first page thereof; and 

(7) It contains no provision purporting to make any por- 
tion of the charter, rules, constitution, or by-laws of the in- 
surer a part of the policy unless such portion is set forth in 
full in the policy, except in the case of the incorporation of, 
or reference to, a statement of rates or classification of risks, 
or short-^rate table filed with the commissioner. 

(6) If any policy is issued by an insurer domiciled in this 
commonwealth for delivery to a person residing in another 
state, and if the official having responsibility for the admin- 
istration of the insurance laws of such other state shall have 
advised the commissioner that any such policy is not subject 
to approval or disapproval by such official, the commissioner 



Acts, 1954. — Chap. 275. 179 

may by ruling require that such policy meet the standards 
set forth in paragraph (a) and in subdivision three. 

3. (a) Except as provided in paragraph (c) of this sub- 
division each such poUcy dehvered or issued for delivery to 
any person in the commonwealth shall contain the provisions 
specified in this paragraph in the words in which they appear; 
provided, however, that the insurer may, at its option, sub- 
stitute for one or more of such provisions corresponding pro- 
visions of different wording approved by the commissioner 
which are in each instance not less favorable in any respect 
to the insured or the beneficiary. Such provisions shall be 
preceded individually by the caption appearing in this para- 
graph or, at the option of the insurer, by such appropriate 
individual or group captions or subcaptions as the commis- 
sioner may approve. 

(1) Entire Contract; Changes. — This policy, including 
the endorsements and the attached papers, if any, consti- 
tutes the entire contract of insurance. No change in this 
policy shall be valid until approved by an executive officer 
of the insurer and unless such approval be endorsed hereon 
or attached hereto. No agent has authority to change this 
poHcy or to waive any of its provisions. 

(2) Tiine Limit on Certain Defenses. — After two years 
from the date of issue of this policy no misstatements, ex- 
cept fraudulent misstatements, made by the applicant in 
the apphcation for such pohcy shall be used to void the 
policy or to deny a claim for loss incurred or disability as 
defined in the policy commencing after the expiration of 
such two-year period. 

The foregoing policy provision shall not be so construed 
as to affect an}'' legal requirement for avoidance of a policy 
or denial of a claim during such initial two-year period, nor 
to limit the apphcation of provisions (1) to (5), inclusive, of 
paragraph (b) of this subdivision, in the event of misstate- 
ment with respect to age or occupation or other insurance. 

A policy which the insured has the right to continue in 
force subject to its terms by the timely payment of premium 
until at least age fifty, or, in the case of a pohcy issued after 
age forty-four, for at least five years from its date of issue, 
may contain in heu of the foregoing provision the following 
provision from which the clause in parentheses may be 
omitted at the insurer's option, under the caption "in- 
contestable " : — 

After this pohcy has been in force for a period of two 
years during the lifetime of the insured (excluding any 
period during which the insured is disabled), it shall be- 
come incontestable as to the statements contained in the 
application. 

No claim for loss incurred or disability (as defined in 
the policy) commencing after three years from the date 
of issue of this pohcy shall be reduced or denied on the 



180 Acts, 1954. — Chap. 275. 

ground that a disease or physical condition not excluded 
from coverage by name or specific description effective on 
the date of loss had existed prior to the effective date of 
coverage of this pohcy. 

(3) Grace Period. — A grace period of [insert a number 
not less than ''7" for weekly premium pohcies, "10" for 
monthly premium policies and "31" for all other policies] 
days will be granted for the payment of each premium 
falling due after the first premium during wliich grace 
period the policy shall continue in force. 

A pohcy which contains a cancellation provision may add, 
at the end of the above provision, the following: — subject 
to the right of the insurer to cancel in accordance with the 
cancellation provision hereof, 

A policy in which the insurer reserves the right to refuse 
any renewal shall have, at the beginning of the above pro- 
vision: — 

Unless not less than five days prior to the premium due 
date the insurer has delivered to the insured or has mailed 
to his last address as shown by the records of the insurer 
written notice of its intention not to renew this pohcy 
beyond the period for wliich the premium has been ac- 
cepted. 

(4) Reinstatement. — If any renewal premium be not 
paid within the time granted the insured for payment, 
a subsequent acceptance of premium by the insurer or by 

^ any agent duly authorized by the insurer to accept such 

premium, without requiring in connection therewith an 
apphcation for reinstatement, shall reinstate the policy; 
provided, however, that if the insurer or such agent re- 
quires an application for reinstatement and issues a condi- 
tional receipt for the premium tendered, the pohcy will be 
reinstated upon approval of such application by the in- 
surer or, lacking such approval, upon the forty-fifth day 
following the date of such conditional receipt unless the 
insurer has previously notified the insured in writing of its 
disapproval of such apphcation. The reinstated pohcy 
shall cover only loss resulting from such accidental injury 
as may be sustained after the date of reinstatement and 
loss due to such sickness as may begin more than ten 
days after such date. In all other respects the insured and 
insurer shall have the same rights thereunder as they had 
under the pohcy immediately before the due date of the 
defaulted premium, subject to any provisions endorsed 
hereon or attached hereto in connection with the reinstate- 
ment. Any premium accepted in connection with a re- 
instatement shall be applied to a period for which premium 
has not been previously paid, but not to any period more 
than sixty days prior to the date of reinstatement. 

The last sentence of the above provision may be omitted 
from any policy which the insured has the right to continue 
in force subject to its terms by the timely payment of pre- 



Acts, 1954. — Chap. 275. 181 

miums until at least age fifty, or, in the case of a policy is- 
sued after age forty-four, for at least five years from its 
date of issue. 

(5) Notice of Claim. — Written notice of claim must be 
given to the insurer within twenty days after the occur- 
rence or commencement of any loss covered by the policy, 
or as soon thereafter as is reasonably possible. Notice 
given by or on behalf of the insured or the beneficiary to 
the insurer at [insert the location of such office as the in- 
surer may designate for the purpose] or to any authorized 
agent of the insurer, with information sufficient to identify 
the insured, shall be deemed notice to the insurer. 

In a policy providing a loss-of-time benefit which may be 
payable for at least two years, an insurer may at its option 
insert after the first sentence of provision (5) the following 
three sentences : — 

Subject to the qualifications set forth below, if the in- 
sured suffers loss of time on account of disability for which 
indemnity may be payable for at least two years, he shall, 
at least once in every six months after having given notice 
of claim, give to the insurer notice of continuance of said 
disability, except in the event of legal incapacity. The 
period of six months following any filing of proof by the 
insured or any payment by the insurer on account of such 
claim or any denial of liability in whole or in part by the 
insurer shall be excluded in applying this provision. De- 
lay in the giving of such notice shall not impair the in- 
sured's right to any indemnity which would otherwise have 
accrued during the period of six months preceding the 
date on which such notice is actually given. 

(6) Claim Forms. — The insurer, upon receipt of a no- 
tice of claim, will furnish to the claimant such forms as 
are usually furnished by it for filing proofs of loss. If 
such forms are not furnished within fifteen days after the 
giving of such notice the claimant shall be deemed to have 
complied with the requirements of this policy as to proof 
of loss upon submitting, within the time fixed in the poUcy 
for fihng proofs of loss, written proof covering the occur- 
rence, the character and the extent of the loss for which 
claim is made. 

(7) Proof of Loss. — Written proof of loss must be fur- 
nished to the insurer at its said office in case of claim for 
loss for which this pohcy provides any periodic payment 
contingent upon continuing loss within ninety days after 
the termination of the period for which the insurer is hable 
and in case of claim for any other loss within ninety days 
after the date of such loss. Failure to furnish such proof 
within the time required shall not invalidate nor reduce 
any claim if it was not reasonably possible to give proof 
within such tune, provided such proof is furnished as soon 
as reasonably possible and in no event, except in the ab- 



182 Acts, 1954. — Chap. 275. 

sence of legal capacity, later than one year from the time 
proof is otherwise required. 

(8) Time of Payment of Claims. — Indemnities payable 
under tliis policy for any loss other than loss for which this 
pohcy provides any periodic payment will be paid im- 
mediately upon receipt of due Avritten proof of such loss. 
Subject to due written proof of loss, all accrued indemni- 
ties for loss for which this policy provides periodic pay- 
ment will be paid [insert period for payment which must 
not be less frequently than monthly] and any balance re- 
maining unpaid upon the termination of liability will be 
paid immediately upon receipt of due written proof. 

(9) Payment of Claims. — Indemnity for loss of life will 
be payable in accordance with the beneficiary designation 
and the provisions respecting such payment which may be 
prescribed herein and effective at the time of payment. If 
no such designation or provision is then effective, such in- 
demnity shall be payable to the estate of the insured. Any 
other accrued indemnities unpaid at the insured's death 
may, at the option of the insurer, be paid either to such 
beneficiary or to such estate. All other indemnities will 
be payable to the insured. 

The following two paragraphs, or either of them, may be 
added to provision (9) at the option of the insurer : — 

If any indemnity of this policy shall be payable to the 
estate of the insured, or to an insured or beneficiary who 
is a minor or otherwise not competent to give a valid re- 
lease, the insurer may pay such indemnity, up to an amount 
not exceeding [insert an amount which shall not exceed 
$1,000], to any relative by blood or connection by marriage 
of the insured or beneficiary who is deemed by the insurer 
to be equitably entitled thereto. Any payment made by 
the insurer in good faith pursuant to this provision shall 
fully discharge the insurer to the extent of such payment. 

Subject to any written direction of the insured in the 
application or otherwise all or a portion of any indemnities 
provided by this policy on account of hospital, nursing, 
medical, or surgical services may, at the insurer's option 
and unless the insured requests otherwise in writing not 
later than the time of filing proofs of such loss, be paid 
directly to the hospital or person rendering such services; 
but it is not required that the service be rendered by a 
particular hospital or person. 

(10) Physical Examinations. — The insurer at its own ex- 
pense shall have the right and opportunity to examine the 
person of the insured when and as often as it may reason- 
ably require during the pendency of a claim hereunder. 

(11) Legal Actions. — No action at law or in equity shall 
be brought to recover on this policy prior to the expiration 
of sixty days after written proof of loss has been furnished 
in accordance with the requirements of this policy. No 
such action shall be brought after the expiration of three 



Acts, 1954. — Chap. 275. 183 

years after the time written proof of loss is required to be 
furnished. 

(12) Change of Benefi/iiary. — Unless the insured makes 
an irrevocable designation of beneficiary, the right to 
change of beneficiary is reserved to the insured and the 
consent of the beneficiary or beneficiaries shall not be 
requisite to surrender or assignment of this policy or to 
any change of beneficiary or beneficiaries, or to any other 
changes in this pohcy. 

The first clause of provision (12), relating to the irrevocable 
designation of beneficiary, may be omitted at the insurer's 
option. 

(6) Except as provided in paragraph (c) of this subdivision, 
no such policy delivered or issued for delivery to any person 
in this commonwealth shall contain provisions respecting 
the matters set forth below unless they are in the words in 
which the same appear in this paragraph; provided, how- 
ever, that the insurer may, at its option, use in lieu of any 
such provision a corresponding provision of different word- 
ing approved by the commissioner which is not less favor- 
able in any respect to the insured or the beneficiary. Any 
such provision contained in the policy shall be preceded in- 
dividually by the appropriate caption appearing in this para- 
graph or, at the option of the insurer, by such appropriate 
individual or group captions or subcaptions as the commis- 
sioner may approve. 

(1) Change of Occupation. — If the insured be injured 
or contract sickness after having changed his occupation 
to one classified by the insurer as more hazardous than 
that stated in this pohcy or while doing for compensa- 
tion anything pertaining to an occupation so classified, the 
insurer will pay only such portion of the indemnities pro- 
vided in this policy as the premium paid would have pur- 
chased at the rates and within the limits fixed by the in- 
surer for such more hazardous occupation. If the insured 
changes his occupation to one classified by the insurer as 
less hazardous than that stated in this policy, the insurer, 
upon receipt of proof of such change of occupation, will 
reduce the premium rate accordingly, and will return the 
excess pro-rata unearned premium from the date of change 
of occupation or from the pohcy anniversary date im- 
mediately preceding receipt of such proof, whichever is 
the more recent. In applying this provision, the classifica- 
tion of occupational risk and the premium rates shall be 
such as have been last filed by the insurer prior to the oc- 
currence of the loss for which the insurer is hable or prior 
to date of proof of change in occupation with the state 
official having supervision of insurance in the state where 
the insured resided at the time this policy was issued ; but 
if such fiUng was not required, then the classification of 
occupational risk and the premium rates shall be those 
last made effective by the insurer in such state prior to 



184 Acts, 1954. — Chap. 275. 

the occurrence of the loss or prior to the date of proof of 
change in occupation. 

(2) Misstatement of Age. — If the age of the insured has 
been misstated, all amounts payable under this policy shall 
be such as the premium paid would have purchased at the 
correct age. 

(3) Other Insurance in This Insurer. — If an accident 
or sickness or accident and sickness pohcy or poHcies pre- 
viously issued by the insurer to the insured be in force con- 
currently herewith, making the aggregate indemnity for 
[insert type of coverage or coverages] in excess of [insert 
maximum limit of indemnity or indemnities] the excess in- 
surance shall be void and all premiums paid for such ex- 
cess shall be returned to the insured or to his estate. 

or, in lieu thereof : — 

Insurance effective at any one time on the insured un- 
der a Uke policy or policies in this insurer is limited to the 
one such policy elected by the insured, his beneficiary or 
his estate, as the case may be, and the insurer will return 
all premiums paid for all other such policies. 

(4) Insurance with Other Insurers. — If there be other 
valid coverage, not with this insurer, providing benefits 
for the same loss on a provision of service basis or on an 
expense incurred basis and of which this insurer has not 
been given written notice prior to the occurrence or com- 
mencement of loss, the only liability under any expense 
incurred coverage of tliis pohcy shall be for such propor- 
tion of the loss as the amount which would otherwise have 
been payable hereunder plus the total of the Hke amounts 
under all such other valid coverages for the same loss of 
which this insurer had notice bears to the total like 
amounts under all valid coverages for such loss, and for 
the return of such portion of the premiums paid as shall 
exceed the pro-rata portion for the amount so determined. 
For the purpose of applying this provision when other 
coverage is on a provision of service basis, the like amount 
of such other coverage shall be taken as the amount which 
the services rendered would have cost in the absence of 
such coverage. 

If the above pohcy provision (4) is included in a pohcy 
which also contains the next following pohcy provision there 
shall be added to the caption of said provision (4) the phrase 
— EXPENSE INCURRED BENEFITS. The insurcr may, at its 
option, include in this provision a definition of other vahd 
coverage, approved as to form by the commissioner, which 
definition shall be hmited in subject matter to coverage pro- 
vided by organizations subject to regulation by insurance 
law or by insurance authorities of this or any other state of 
the United States or any province of Canada, and by hos- 
pital or medical service organizations, and to any other 
coverage the inclusion of which may be approved by the 



Acts, 1954. — Chap. 275. 185 

commissioner. In the absence of such definition such term 
shall not include group insurance, automobile medical pay- 
ments insurance, or coverage provided by hospital or medical 
service organizations or by union welfare plans or employer 
or employee benefit organizations. For the purpose of 
applying policy provision (4) with respect to any insured, 
any amount of benefit provided for such insured pursuant 
to any compulsory benefit statute including any workmen's 
compensation or employer's habiUty statute whether pro- 
vided by a governmental agency or otherwise shall in all 
cases be deemed to be other valid coverage of which the in- 
surer has had notice. In applying said policy provision (4) 
no third party UabiUty coverage shall be included as other 
valid coverage. 

(5) Insurance with Other Insurers. — If there be other 
valid coverage, not with this insurer, providing benefits 
for the same loss on other than an expense incurred basis 
and of which this insurer has not been given written notice 
prior" to the occurrence or commencement of loss, the only 
liability for such benefits under this poUcy shall be for 
such proportion of the indemnities otherwise provided 
hereunder for such loss as the Hke indemnities of which 
the insurer had notice (including the indemnities under 
this policy) bear to the total amount of all hke indemni- 
ties for such loss, and for the return of such portion of the 
premium paid as sha,ll exceed the pro-rata portion for the 
indemnities thus determined. 

If poHcy provision (5) is included in a policy which also 
contains policy provision (4) there shall be added to the 
caption of said provision (5) the phrase — other benefits. 
The insurer may, at its option, include in this provision a 
definition of other vahd coverage, approved as to form by 
the commissioner, which definition shall be Hmited in subject 
matter to coverage provided by organizations subject to 
regulation by insurance law or by insurance authorities of 
this or any other state of the United States or any province 
of Canada, and to any other coverage the inclusion of which 
may be approved by the commissioner. In the absence of 
such definition such term shall not include group insurance, 
or benefits provided by union welfare plans or by employer 
or employee benefit organizations. For the purpose of 
applying said poKcy provision (5) with respect to any in- 
sured, any amount of benefit provided for such insured pur- 
suant to any compulsory benefit statute including any work- 
men's compensation or employer's liability statute whether 
provided by a governmental agency or otherwise shall in 
all cases be deemed to be other vahd coverage of which the 
insurer has had notice. In applying the said poHcy pro- 
vision (5) no third party liabihty coverage shall be included 
as other valid coverage. 

(6) Relation of Earnings to Insurance. — If the total 
monthly amount of loss of time benefits promised for the 



186 Acts, 1954. — Chap. 275. 

same loss under all valid loss of time coverage upon the 
insured, whether payable on a weekly or monthly basis, 
shall exceed the monthly earnings of the insured at the 
time disability commenced or his average monthly earn- 
ings for the period of two years immediately preceding a 
disability for which claim is made, whichever is the 
greater, the insurer will be Uable only for such propor- 
tionate amount of such benefits under this policy as the 
amount of such monthly earnings or such average monthly 
earnings of the insured bears to the total amount of 
monthly benefits for the same loss under all such coverage 
upon the insured at the time such disability commences 
and for the return of such part of the premiums paid dur- 
ing such two years as shall exceed the pro-rata amount of 
the premiums for the benefits actually paid hereunder; 
but this shall not operate to reduce the total monthly 
amount of benefits payable under all such coverage upon 
the insured below the sum of two hundred dollars or the 
sum of the monthly benefits specified in such coverages, 
whichever is the lesser, nor shall it operate to reduce bene- 
fits other than those payable for loss of time. 

The above policy provision (6) may be inserted only in a 
policy which the insured has the right to continue in force 
subject to its terms by the timely payment of premiums 
until at least age fifty, or, in the case of a poficy issued after 
age forty-four, for at least five years from its date of issue. 
The insurer may, at its option, include in said provision a 
definition of vafid loss of time coverage, approved as to form 
by the commissioner, which definition shall be limited in 
subject matter to coverage provided by governmental agen- 
cies or by organizations subject to regulation by insurance 
law or by insurance authorities of this or any other state of 
the United States or any province of Canada, or to any other 
coverage the inclusion of which may be approved by the 
commissioner or any combination of such coverages. In the 
absence of such definition such term shall not include any 
coverage provided for such insured pursuant to any com- 
pulsory benefit statute including any workmen's compensa- 
tion or employer's Uabifity statute, or benefits provided by 
union welfare plans or by employer or employee benefit or- 
ganizations. 

(7) Unpaid Premium. — Upon the payment of a claim 
under this poHcy, any premium then due and unpaid or 
covered by any note or written order may be deducted 
therefrom, 

(8) Cancellation. — The insurer may cancel this policy 
at any time by written notice delivered to the insured, or 
mailed to his last address as shown by the records of the 
insurer, stating when, not less than five days thereafter, 
such cancellation shall be effective; and after the poficy 
has been continued beyond its original term the insured 
may cancel this poHcy at any time by written notice de- 



Acts, 1954. — Chap. 275. 187 

livered or mailed to the insurer, effective upon receipt or 
on such later date as may be specified in such notice. In 
the event of cancellation, the insurer will return promptly 
the unearned portion of any premium paid. If the insured 
cancels, the earned premium shall be computed by the use 
of the short-rate table last filed with the state official 
having supervision of insurance in the state where the in- 
sured resided when the policy was issued. If the insurer 
cancels, the earned premium shall be computed pro-rata. 
Cancellation shall be without prejudice to any claim orig- 
inating prior to the effective date of cancellation. 

(9) Conformity with State Statutes. — Any provision of 
this policy which, on its effective date, is in conflict with 
the statutes of the state in which the insured resides on 
such date is hereby amended to conform to the minimum 
requirements of such statutes. 

(10) Illegal Occupation. — The insurer shall not be 
liable for any loss to which a contributing cause was the 
insured's commission of or attempt to commit a felony or 
to which a contributing cause was the insured's being en- 
gaged in an illegal occupation. 

(11) Intoxicants and Narcotics. — The insurer shall not 
be hable for any loss sustained or contracted in conse- 
quence of the insured's being intoxicated or under the 
influence of any narcotic unless administered on the ad- 
vice of a physician. 

(c) If any provision of this paragraph is in whole or part 
inapplicable to or inconsistent with the coverage provided 
by a particular form of policy the insurer, with the approval 
of the commissioner, shall omit from such policy any in- 
applicable provision or part of a provision, and shall modify 
any inconsistent provision or part of the provision in such 
manner as to make the provision as contained in the policy 
consistent with the coverage provided by the poHcy. 

(d) The provisions which are the subject of paragraphs 
(a) and (b) of this subdivision or any corresponding provi- 
sions which are used in heu thereof in accordance with such 
paragraphs shall be printed in the consecutive order of the 
provisions in such paragraphs or, at the option of the insurer, 
any such provision may appear as a unit in any part of the 
policy, with other provisions to which it may be logically re- 
lated, provided the resulting policy shall not be in whole or 
in part unintelligible, uncertain, ambiguous, abstruse, or 
Hkely to mislead a person to whom the pohcy is offered, de- 
livered or issued. 

(e) The word insured, as used in this section, shall not be 
construed as preventing a person other than the insured vnth 
a proper insurable interest from making apphcation for and 
owning a policy covering the insured or from being entitled 
under such a policy to any indemnities, benefits and rights 
provided therein. 

(/) (1) Any pohcy of a foreign or ahen insurer, when de- 
livered or issued for delivery to any person in this common- 



188 Acts, 1954. — Chap. 275. 

wealth, may contain any provision which is not less favor- 
able to the insured or the beneficiary than the provisions of 
this section and which is prescribed or required by the law of 
the state under which the insurer is organized. 

(2) Any pohcy of a domestic insurer may, when issued for 
delivery in any other state or country, contain any provision 
permitted or required by the laws of such other state or 
country. 

(g) The commissioner may make such reasonable rules 
and regulations concerning the procedure for the filing or 
submission of policies subject to this section as are necessary, 
proper or advisable to the administration of this section. 
This provision shall not abridge any other authority granted 
the commissioner by law. 

4. (a) No policy provision which is not subject to sub- 
division three of this section shall make a policy, or any 
portion thereof, less favorable in any respect to the insured 
or the beneficiary than the provisions thereof which are 
subject to this section. 

(b) A policy delivered or issued for dehvery to any person 
in this commonwealth in violation of this section shall be 
held valid but shall be construed as provided in this section. 
When any provision in a policy subject to this section is in 
conflict with any provision of this section, the rights, duties 
and obligations of the insurer, the insured and the beneficiary 
shall be governed by the provisions of this section. 

5. (a) The insured shall not be bound by any statement 
made in an apphcation for a pohcy unless a copy of such 
appUcation is attached to or endorsed on the policy when 
issued as a part thereof. If any such pohcy delivered or 
issued for delivery to any person in the commonwealth shall 
be reinstated or renewed, and the insured or the beneficiary 
or assignee of such poUcy shall make written request to the 
insurer for a copy of the application, if any, for such rein- 
statement or renewal, the insurer shall within fifteen days 
after the receipt of such request at its home office or any 
branch office of the insurer, deliver or mail to the person 
making such request, a copy of such apphcation. If such 
copy shall not be so dehvered or mailed, the insurer shall be 
precluded from introducing such application as evidence in 
any action or proceeding based upon or involving such 
policy or its reinstatement or renewal. 

(h) No alteration of any written apphcation for any such 
policy shall be made by any person other than the applicant 
without his written consent, except that insertions may be 
made by the insurer, for administrative purposes only, in 
such manner as to indicate clearly that such insertions are 
not to be ascribed to the applicant. 

(c) The falsity of any statement in the application for 
any policy covered by this section may not bar the right to 
recovery thereunder unless such false statement materially 
affected either the acceptance of the risk or the hazard 
assumed by the insurer. 



Acts, 1954. — Chap. 275. 189 

6. The acknowledgment by any insurer of the receipt of 
notice given under any policy covered by this section, or the 
furnishing of forms for filing proofs of loss, or the acceptance 
of such proofs, or the investigation of any claim thereunder 
shall not operate as a waiver of any of the rights of the 
insurer in defense of any claim arising under such policy. 

7. If any such pohcy contains a provision estabhshing, as 
an age Hmit or otherwise, a date after which the coverage 
provided by the poUcy will not be effective, and if such date 
falls within a period for which premium is accepted by the 
insurer or if the insurer accepts a premium after such date, 
the coverage provided by the pohcy will continue in force 
subject to any right of cancellation until the end of the 
period for which premium has been accepted. In the event 
the age of the insured has been misstated and if, according 
to the correct age of the insured, the coverage provided by 
the pohcy would not have become effective, or would have 
ceased prior to the acceptance of such premium or premiums, 
then the liability of the insurer shall be Umited to the refund, 
upon request, of all premiums paid for the period not covered 
by the policy. 

8. Nothing in this section shall apply to or affect any 
pohcy of workmen's compensation insurance or any pohcy 
of liabihty insurance with or without supplementary expense 
coverage therein; or any pohcy or contract of reinsurance; 
or any blanket or group pohcy of insurance; or hfe in- 
surance, endowment or annuity contracts, or contracts 
supplemental thereto which contain only such provisions 
relating to accident and sickness insurance as provide ad- 
ditional benefits in case of death or dismemberment or loss 
of sight by accident, or as operate to safeguard such contracts 
against lapse, or to give a special surrender value or special 
benefit or an annuity in the event that the insured or an- 
nuitant shall become totally and permanently disabled, as 
defined by the contract or supplemental contract. 

Nothing herein shall be construed to prevent the approval 
and use of a pohcy containing multiple optional benefits 
and the provisions apphcable thereto; provided, that such 
policy otherwise complies with the provisions of this section ; 
and provided, further, that the schedule of benefits be set 
forth on the first page of the pohcy; and provided, further, 
that there shall appear on the filing back of the pohcy and 
also on the first page thereof a reference to such schedule of 
benefits. 

A. The commissioner may, within thirty days after the 
filing of a copy or form of such a pohcy, disapprove such 
form of pohcy if the benefits provided therein are unreason- 
able in relation to the premium charged, or if it contains 
any provision which is unjust, unfair, inequitable, misleading 
or deceptive, or which encourages misrepresentation as to 
such policy. If the commissioner shall notify the insurer 
which has filed any such form that it does not comply with 
the provisions of this section it shall be unlawful thereafter 



190 Acts, 1954. — Chap. 275. 

for such insurer to issue such form or use it in connection 
with any policy. In such notice the commissioner shall 
specify the reasons for his disapproval and state that a 
hearing will be granted within twenty days after request in 
writing by the insurer. 

B. The commissioner may at any time after a hearing, of 
which not less than twenty days written notice shall have 
been given to the insurer, withdraw his approval of any 
such form on any of the grounds stated in paragraph A of 
this subdivision. It shall be unlawful for the insurer to 
issue such form or use it in connection with any policy after 
the effective date of such withdrawal of approval. The 
notice of any such hearing shall specify the matters to be 
considered at such hearing and any decision affirming dis- 
approval or directing withdrawal of approval under this 
section shall be in writing and shall specify the reasons 
therefor. 

C. Any person or company aggrieved by any action, 
order, finding or decision of the commissioner under para- 
graph B of this subdivision may, within twenty days from 
the filing of a memorandum thereof in his office, file a petition 
in the supreme judicial court for the county of Suffolk for 
a review of such action, order, finding or decision. The 
action, order, finding or decision of the commissioner shall 
remain in full force and effect pending the final decision of 
the court unless the court or a justice thereof after notice to 
the commissioner shall by a special order otherwise direct. 
The court shall have jurisdiction in equity to modify, amend, 
annul, review or affirm such action, order, finding or decision, 
shall review all questions of fact and of law involved therein 
and may make any appropriate order or decree. 

Edj,' i75,'^' Section 2. Section one hundred and nine of chapter 

§ 109, repealed, one hundred and seventy-five of the General Laws is hereby 

repealed. 
Edo.iTs'' Section 3. Subdivision (A) of section 110 of said 

tmended"" chaptcr 175, as appearing in section 1 of chapter 532 of the 
acts of 1952, is hereby amended by striking out, in lines 
1 and 2, the words "sections one hundred and eight and one 
hundred and nine" and inserting in place thereof the words: — 
section one hundred and eight. 
Proviso. Section 4. A policy, rider or endorsement, which could 

have been lawfully used or delivered or issued for delivery to 
any person in the commonwealth immediately before the 
effective date of this act may be used or delivered or issued 
for delivery to any such person during two years after the 
effective date of this act, notmthstanding the provisions of 
subdivisions two, three and four of section one hundred and 
eight of chapter one hundred and seventy-five of the General 
Laws, as amended by section one of this act. 
dfte"*"'^ Section 5. This act shall take effect on January first, 

nineteen hundred and fifty-five. 

Approved April 5, 1954. 



Acts, 1954. — Chaps. 276, 277. 191 

An Act pertaining to the deposit of funds of medical Chap.276 

SERVICE corporations IN CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section 10 of chapter 176B of the General ^jV^^^g^g 
Laws, as most recently amended by section 1 of chapter 394 § ib.'etc, ' 
of the acts of 1950, is hereby further amended by adding at ^'^^'''^'"^■ 
the end of the first sentence the words : — or on paid-up 
shares and accounts of and in a co-operative bank, — so 
that the first sentence will read as follows: — The funds of t^indal'f medi- 
a medical service corporation shall be invested only in such cai service 
securities as are permitted by chapter one hundred and regufaTed""^^' 
seventy-five for the investment of the capital of insurance 
companies or in the purchase of share accounts of a federal 
savings and loan association located in the commonwealth in 
an amount not in excess of ten per cent of the combined 
surplus and contingent surplus, or it may deposit the whole 
or any portion of its funds in any savings bank or savings 
department of a trust company organized under the laws of 
the commonwealth or a national banking association or on 
paid-up shares and accounts of and in a co-operative bank. 

Section 2. Section 11 of chapter 176C of the General g-^L.CTer. 
Laws, as most recently amended by section 2 of chapter 394 § li.'etc. ' 
of the acts of 1950, is hereby further amended by inserting ^™''"^®^- 
after the word "by", in line 4, the words: — depositing on 
paid-up shares and accounts of and in co-operative banks, or 
by, — so as to read as follows: — Section 11. The funds of ^^'^'^ ^"^J"°*- 
any corporation subject to this chapter shall be kept only in 
banks in which funds of the commonwealth are authorized 
to be deposited, or by depositing on paid-up shares and 
accounts of and in co-operative banks, or by investing in 
share accounts of federal savings and loan associations 
located in this commonwealth in accordance with the 
authority and limitations specified in section ten of chapter 
one hundred and seventy-six B. 

Approved April 5, 1954- 



An Act pertaining to the investment by fraternal Cha'p.277 
benefit societies in co-operative banks. 

Be it enacted, etc., as follows: 

The first sentence of section 18 of chapter 176 of the g. l. (Ter. 
General Laws, as appearing in section 2 of chapter 336 of ^tc.!'ameAdldf' 
the acts of 1941, is hereby amended by striking out, in lines 
7 and 8, the words "shares of co-operative banks" and 
inserting in place thereof the words : — paid-up shares and 
accounts of and in co-operative banks, — so as to read as 
follows: — Every society shall invest its funds in securities investments 
permitted by chapter one hundred and seventy-five for the bene'et'sTcie- 
investment of the capital of insurance companies, except ties, regulated. 
that it may invest an amount not exceeding ten per cent of 
its funds in the shares of federal savings and loan associations 



192 Acts, 1954. — Chap. 278. 

located in the commonwealth and, in addition, an amount 
not exceeding ten per cent in paid-up shares and accounts of 
and in co-operative banks chartered by the commonwealth, 
and may deposit any of its funds in any sa\dngs bank, or 
savings department of a trust company, chartered under 
the laws of the commonwealth; provided, that any foreign 
society permitted or seeking to do business in the common- 
wealth may invest its funds in accordance with the laws of 
the state where it is incorporated; and provided, further, 
that a part thereof, not exceeding twenty per cent of its 
death fund, may be invested in a building for use and oc- 
cupation by the society as its home office; and that a society 
having branches situated in the Dominion of Canada may 
invest a part of its death fund in the public funds of the 
Dominion of Canada, or of any province of the Dominion of 
Canada, not exceeding in the aggregate an amount equal to 
the sum of its collected premiums for the four months last 
past. Approved April 5, 1954. 

Chap. 21 S An Act authorizing the metropolitan district com- 
mission TO ERECT A NEW STANDPIPE IN THE WEST ROXBURY 
DISTRICT OF THE CITY OF BOSTON AND TO CONSTRUCT A 
WATER MAIN TO THE TOWN OF NORWOOD. 

Be it enacted, etc., as follows: 

Section 1. The metropohtan district commission, herein- 
after called the commission, is hereby authorized and 
directed, upon the execution of an agreement admitting the 
town of Norwood to membership in the metropolitan water 
district, in accordance with the provisions of chapter ninety- 
two of the General Laws, to erect a new standpipe adjacent 
to its existing Belle\Tie standpipe in the West Roxbury 
district of Boston, and to construct a water main to the 
town of Norwood for the purpose of furnishing the town of 
Norwood with an adequate water supply. 

Section 2. In carrying out the provisions of section one, 
said commission may expend, not exceeding, in the aggregate, 
one million five hundred thousand dollars. 

Section 3. To meet the expenditures necessary in 
carrying out the provisions of this act, the state treasurer 
shall, upon request of the governor and council, issue and 
sell at public or private sale bonds of the commonwealth, 
registered or with interest coupons attached, as he may 
deem best, to an amount to be specified by the governor and 
council from time to time, but not exceeding in the aggregate 
the sum of one million five hundred thousand dollars. All 
bonds issued by the commonwealth as aforesaid shall be 
designated on the face Metropolitan District Water Main 
Loan, Act of 1954, and shall be on the serial payment plan 
for such maximum term of years not exceeding thirty years 
from the date of issue as the governor may recommend to 
the general court pursuant to section 3 of Article LXII of the 
Amendments to the Constitution of the Commonwealth, the 



Acts, 1954. — Chaps. 279, 280. 193 

maturities thereof to be so arranged that the amounts pay- 
able in the several years other than the final year shall be as 
nearly equal as in the opinion of the state treasurer it is 
practicable to make them. Said bonds shall bear interest 
payable semi-annually at such rate as the state treasurer, 
with the approval of the governor, shall fix. Such bonds 
shall be payable not earlier than July first, nineteen hun- 
dred and fifty-five, nor later than June thirtieth, nineteen 
hundred and eighty-five. All interest payments and pay- 
ments on account of principal on such obUgations shall be 
part of the debt and expense of the metropolitan water 
district. 

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

Approved April 6, 1954. 

An Act further defining wages under the employment Cha7).279 

SECURITY LAW. 

Whereas, The deferred operation of this act would tend p^a^bie?^ 
to defeat its purpose, which is to make effective immediately 
the definition of wages under the employment security law, 
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. Subsection (s) of section 1 of chapter 151A Edo."mA, 
of the General Laws, as most recently amended by section 1 § i, etc, 
of chapter 763 of the acts of 1951, is hereby further amended ^'^^'''^^'^■ 
by striking out, in hues 1 to 3, inclusive, the words "(s) 
"Wages", every form of remuneration of an employee subject 
to this chapter for employment by an employer ; except that 
such term shall not include — " and inserting in place 
thereof the following: — 

(s) "Wages", every form of remuneration of an employee |JJ^^fj^"' 
subject to this chapter for employment by an employer, 
whether paid directly or indirectly, including salaries, com- 
missions and bonuses, and reasonable cash value of board, 
rent, housing, lodging, payment in kind and all remuneration 
paid in any medium other than cash; except that such term 
shall not include — 

Section 2. This act shall take effect as of January first, ff^^"**''^ 
nineteen hundred and fifty-four. Approved April 6, 1954- 

An Act extending coverage under the employment Chap. 280 

SECURITY LAW. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make effective immediately p^'^anibie. 
the coverage of certain persons under the employment 
security law, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 



194 



Acts, 1954. — Chaps. 281, 282. 



G. L. (Ter. 
Ed.), 151A, §6, 
etc., amended. 



Employment 
security law 
coverage. 



Effective 
date. 



Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 151 A of the General 
Laws is hereby amended by striking out subsection (d), as 
amended by section 3 of chapter 763 of the acts of 1951, and 
inserting in place thereof the following subsection : — 

(d) Service performed by an individual in the employ of 
his son, daughter, or spouse, and service performed by a 
child under the age of tw^enty-one in the employ of his 
father or mother; 

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

Approved April 6, 1954. 



Chap. 281 An Act prohibiting certain stockholders in corporate 

COMMON carriers FROM ENGAGING IN THE TRANSPORTA- 
TION OF CERTAIN SCHOOL CHILDREN, WITHOUT THE CONSENT 
OF THE DEPARTMENT OF PUBLIC UTILITIES. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 159A, 
§ 7A, etc., 
amended. 

Transporta- 
tion of school 
children, 
regulated. 



Whereas, The deferred operation of this act w^ould tend to 
defeat its purpose, which is to prevent certain persons from 
engaging in the business of a carrier of school children 
without the consent of the department of public utihties, 
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 7A of chapter 159A of the General Laws, as most 
recently amended by chapter 355 of the acts of 1952, is 
hereby further amended by adding at the end the following 
two sentences: — For the purposes of this section only the 
word "carrier" shall be con.strued to include any person, 
partnership, corporation or association owning or operating 
a motor vehicle actually used for the transportation of school 
children under a contract with a municipality or municipal 
board or for the transportation of school children in a 
school bus as defined in section one of chapter ninety to or 
from events of public interest. No person or associated 
group of persons owning or controlling more than fifty per 
cent of the stock of any corporate common carrier subject 
to the jurisdiction of the department under this chapter 
shall engage in business as a carrier as so defined without 
the consent of the department. Approved April 6, 1934- 



Chap. 282 An Act validating certain proceedings relative to 

THE admission OF THE TOWN OF ALFORD TO MEMBERSHIP 
IN THE SOUTHERN BERKSHIRE REGIONAL SCHOOL DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The proceedings heretofore taken by the 
towns of Alford, Egremont, Monterey, New Marlborough 
and Sheffield providing for the admission of said town of 
Alford to membership with said other towns in the Southern 



Acts, 1954. — Chaps. 283^ 284. 195 

Berkshire Regional School District, and the proceedings 
heretofore taken by the town of Alford to elect a representa- 
tive to the regional school district committee, are hereby 
validated, and said town of Alford is hereby declared to be 
a member of said district. 

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

Approved April 6, 1954- 

An Act reviving the hopkinton athletic association, QJmjj 283 
inc. for the purpose of acquiring and conveying 
certain property. 

Whereas, The deferred operation of this act w^oiild delay Emergency 
the corporation revived thereby from immediately conveying preamble. 
to the town of Hopkinton a certain parcel of land to be 
used by said town for school purposes, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Hopkinton Athletic Association, Inc., a corporation dis- 
solved by chapter fifty-four of the acts of nineteen hundred 
and thirty-six, is hereby revived for a period of one year 
from the effective date of this act for the sole purpose of re- 
acquiring a certain parcel of land from the town of Hopkinton 
and conveying said parcel to the town of Hopkinton for 
school purposes. Approved April 6, 1954- 

An Act to amend the charter of the barnstable water (JJiq^^ 284 

COMPANY. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to make immediately effective p''*'^™^!®- 
certain changes in the charter of the Barnstable Water 
Company, 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 286 of the acts of 1911 is hereby 
amended by striking out section 9 and inserting in place 
thereof the following section : — Section 9. Said corporation 
may issue bonds, coupon notes and other evidences of in- 
debtedness and may secure the same in the manner and to 
the extent provided by chapters one hundred and sixty-four 
and one hundred and sixty-five of the General Laws in so 
far as applicable to water companies. 

Section 2. Said chapter 286 of the acts of 1911 is hereby 
further amended by striking out section 10 and inserting in 
place thereof the following section: — Section 10. Capital 
stock hereinbefore authorized shall be issued only in such 
amounts as the department of public utilities may from 
time to time vote is reasonably necessary for the purpose for 
which such issue of stock has been authorized. Its decision 



196 



Acts, 1954. — Chaps. 285, 286, 287. 



approving such issue shall specify the respective amounts of 
stock authorized to be issued, and the purposes to which the 
proceeds thereof are to be apphed. A certificate setting 
forth its decision shall be filed in the office of the secretary 
of the commonwealth before the certificate of the stock is 
issued, and the proceeds of such stock shall not be applied 
to any purpose not specified in such decision. 

Approved April 6, 1964. 



Chap. 2S5 An Act relative to the incontestable clause in group 

LIFE policies. 



Q. L. (Ter. 
Ed.). 175, 
§ 134, etc., 
amended. 



Group life 
insurance 
policies, 
regulated. 



Be it enacted, etc., as follows: 

Section 134 of chapter 175 of the General Laws, as most 
recently amended by section 4 of chapter 404 of the acts of 
1951, is hereby further amended by striking out the provision 
numbered 1 and inserting in place thereof the following: — 

1. That the poHcy shall be incontestable after two years 
from its date of issue except for non-payment of premiums; 
and that the insurance on any person insured under the 
policy shall be incontestable after it has been in force for 
a period of two years during such person's lifetime except for 
violation of the conditions of the policy relating to mihtary 
or naval service in time of war. Approved April 6, 1954. 



Chap. 2S6 An Act providing for the payment of betterment 

ASSESSMENTS IN INSTALLMENTS OVER^A PERIOD OF TWENTY 
YEARS. 

Be it enacted, etc., as follows: 

Section 13 of chapter 80 of the General Laws is hereby 
amended by striking out, in fine 18, as appearing in section 1 
of chapter 315 of the acts of 1934, the word "ten" and 
inserting in place thereof the word : — twenty. 

Approved April 6, 1954- 



G. L. (Ter. 
Ed.), 80, § 13, 
etc., amended. 



Chap. 2S7 An Act further regulating non-elected political 

COMMITTEES. 

Be it enacted, etc., as follows: 

Section 4 of chapter 55 of the General Laws, as appearing 
in section 10 of chapter 537 of the acts of 1946, is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following three sentences : — Every non- 
elected political committee shall have a treasurer, and a 
chairman who shall, not later than thirty days preceding the 
election in which said committee is organized to function, 
file with the state secretary, or, when organized for the 
purposes of a municipal election only, with the city or 
town clerk, the names and addresses of such treasurer and 
chairman and of at least three additional members, and a 
statement of the purpose for which organized and the written 



G. L. (Ter. 
Ed.), 55, § 4, 
etc., amended. 



Organization 
of non-elected 
political 
committees, 
regulated. 



Acts, 1954. — Chaps. 288, 289, 290. 197 

consent of the candidates concerned. Any committee 
organized for the purpose of securing the nomination and 
election of a candidate shall state in its title the name of said 
candidate. In the event of a change in such officers or as to 
such additional members, a statement of such change shall 
forthwith be filed as in the case of the officers first chosen. 

Approved April 6, 1954- 

An Act requiring the replacement of mutilated or Chap.288 

ILLEGIBLE PLATES ON CERTAIN MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section lOA of chapter 159B of the General Laws, as g. l. (Xer. 
most recently amended by chapter 309 of the acts of 1953, is f jo'^.^etc^' 
hereby further amended by inserting before the first sentence amended. ' 
the following sentence : — When a distinguishing plate Replacement 
issued by the department is lost or mutilated or the number moTor^vThicu 
thereon becomes illegible, the carrier to whom such plate pi^^tes. 
was issued shall make appUcation for a plate replacement. 

Approved April 6, 1954. 



Chap.2S9 



An Act providing that plans and data pertaining to 
certain highway bridges be turned over to the 
department of public works. 

Be it enacted, etc., as follows: 

The pubhc authority in charge of any public highway 
bridge, at the time the care, control and maintenance thereof 
was transferred to the department of public works under the 
provisions of chapter six hundred and ninety of the acts of 
nineteen hundred and forty-five or of chapter four hundred 
and eighty-two of the acts of nineteen hundred and forty- 
eight, is hereby empowered and directed to transfer, release 
and deUver to the said department upon its request such 
original plans, tracings, blueprints, records or other data 
relating to the bridges so transferred as the department 
may require. Approved April 6, 1954. 

An Act to authorize the town of shelburne to accept QfiQj) 290 

MONIES FOR the ESTABLISHMENT OF COMMUNITY HOUSE 

facilities. 

Be it enacted, etc., as follows: 

The town of Shelburne is hereby authorized and em- 
powered by a majority vote of any regular or special town 
meeting called for the purpose, to accept from Shelburne 
Falls Community House, Inc. the sum of seventy thousand 
dollars under the terms and conditions contained in the 
decree in equity issued by the probate court for the county 
of FrankUn on February fourth, nineteen hundred and fifty- 
four, in case numbered twenty-eight thousand ninety-seven. 
Estate of Lillis R. Sawyer, and after such acceptance to 



198 



Acts, 1954. — Chaps. 291, 292, 293. 



abide by and comply with the terms and conditions set 
forth in said decree. Approved April 6, 1954- 



Chap.29\ An Act relative to the enforcement of the labor 

STATUTES. 



G. L. (Ter. 
Ed.), 149, § 79, 
amended. 



Be it enacted, etc., as follows: 

Section 79 of chapter 149 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by 
inserting after the word "inspector", in line 4 and in line 5, 
in each instance, the words : — or other authorized repre- 
sentative of the department. Approved April 7, 1954- 



Chap. 292 An Act providing that printed copies of schedules, 

CLASSIFICATIONS AND TARIFFS, AND SUPPLEMENTS THERETO, 
ON FILE W^ITH the INTERSTATE COMMERCE COMMISSION, 
SHALL BE PRESUMED CORRECT AND SHALL BE GOOD AND 
SUFFICIENT EVIDENCE WITHOUT CERTIFICATION. 

Be it enacted, etc., as follows: 

EdV^Js''^' Chapter 233 of the General Laws is hereby amended by 

new'§76B, inserting after section 76A, inserted by section 1 of chapter 
Adtiibiiity 213 of the acts of 1938, the following section: — Section 76B. 
of certain Printed copics of schedules, classifications and tariffs of 
commerce data, rates, fares and charges, and supplements to any such 
estabifshTcf' schedules, classifications and tariffs, filed with the Interstate 
Commerce Commission, which show an Interstate Com- 
merce Commission number, and an effective date shall be 
presumed to be correct copies of the original schedules, 
classifications, tariffs and supplements on file with the 
Interstate Commerce Commission, and shall be received as 
good and sufficient evidence, without certification, in any 
court of this commonwealth to prove such schedules, classi- 
fications, tariffs and supplements. 

Approved April 7, 1954- 



Chap. 29^ An Act further defining notice to common carriers 

IN certain cases. 



G. L. (Ter. 
Ed.), 159B, 
§ 12, etc., 
amended. 



Notice to com- 
mon carriers 
required wlien 
certain rights 
revoked. 



Be it enacted, etc., as follows: 

Section 12 of chapter 159B of the General Laws is hereby 
amended by striking out the second paragraph, as appearing 
in section 1 of chapter 483 of the acts of 1938, and inserting 
in place thereof the following paragraph : — 

After a hearing, at least ten days' notice whereof shall be 
mailed to the holder of the certificate, permit or Hcense in 
question at the address shown on the department records, the 
department may revoke, or suspend for such period of time 
as it may deem fit, any such certificate, permit or license, in 
whole or in part, for any violation of any provision of this 
chapter or of the orders, rules and regulations of the depart- 
ment made, adopted or established under authority thereof, 



Acts, 1954. — Chaps. 294, 295. 199 

or of any lawful requirement, condition, limitation or 
restriction contained in such certificate, permit or license. 
Any such certificate, permit or license shall remain in effect 
unless and until revoked by the department as herein pro- 
vided, but subject to suspension as aforesaid. 

Approved April 7, 1954- 



Chap.2M 



An Act relating to the purchase of insurance by 
certain corporations by members thereof. 

Be it enacted, etc., as follows: 

The fourth paragraph of section 174 of chapter 175 of the g. l. (Xer. 
General Laws, as appearing in the Tercentenary Edition, is flViimended. 
hereby amended by inserting after the word "license", in 
Une 6, the following: — , except that a stockholder of such 
corporation may be a purchaser of insurance, the premiums 
for which do not exceed two per cent of the total premiums 
written by said corporation; Approved April 7, 1954. 



Chap.295 



An Act relative to rules and regulations promul- 
gated IN connection with compensation plans for 
municipal officers and employees, and municipal 
personnel administration. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (6) of section 2 A of chapter 31 of Ed^'si^^"^' 
the General Laws, as most recently amended by section 1 of § 2a', etc., 
chapter 286 of the acts of 19.53, is hereby further amended ^^"^^^^i^^' 
by adding at the end the following sentence: — If such rule, 
regulation or change therein is to be adopted by vote of a * 
town or by by-law, the publication of the proposed rule, 
regulation or change in the warrant for the town meeting 
shall be deemed to satisfy the requirements of this para- 
graph. 

Section 2. Chapter 41 of the General Laws is hereby g. l, (Ter. 
amended by inserting after section 108B the following sec- f "losc^'addrd. 
tion: — Section 108C. A town may consolidate, in a single Administration 
chapter or article, all provisions of its by-laws pertaining to "„ towns°°^^ 
the administration of its personnel, including, among other regulated. 
things, the compensation plan established pursuant to 
paragraph (6) of section two A of chapter thirty-one, the 
plans established pursuant to section one hundred and 
eight A of this chapter, and any by-laws adopted pursuant to 
section twenty-one A of chapter forty, and may provide by 
by-law for the establishment of a personnel board or other 
agency for the purpose of administering said plans or other 
provisions of its by-laws pertaining to personnel, determining 
any questions arising thereunder, and advising the town in 
any matters pertaining thereto; provided, however, such 
consolidated by-law shall not be subject to the approval of 
the attorney general as provided in section thirty-two of 
chapter forty. Approved April 7, 1964. 



200 



Acts, 1954. — Chaps. 296, 297. 



Chap.29Q An Act providing for reimbursement of cities and 

TOWNS FOR transportation OF CERTAIN HANDICAPPED 
CHILDREN TO SPECIAL SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 71 of the General Laws is hereby 
amended by inserting after section 46A, as most recently 
amended by chapter 352 of the acts of 1953, the following 
section : — Section 46B. If a child of school age, handicapped 
as described in sections forty-six and forty-six A or afflicted 
with cerebral palsy, attends a special school approved by the 
department within or without the city or town of residence 
of his parent or guardian, the school committee of the town 
where the child resides may provide transportation once 
each day to and from such school while the child is in at- 
tendance. The city or town providing transportation under 
this section shall be ehgible for reimbursement upon de- 
termination by the department of amounts due in accordance 
with attested claims by the school committee on forms 
provided by the department and said reimbursements shall 
be paid out of proceeds of the tax on incomes. 

Section 2. Section 46A of said chapter 71 is hereby 
amended by striking out the third paragraph, inserted by 
chapter 352 of the acts of 1953. Approved April 8, 1964. 



G. L. (Ter. 
Ed.), 71, new 
§ 46B, added. 



Reimburse- 
ment of cities 
and towns 
for certain 
transportation 
costs, 
authorized. 



G. L. (Ter. 
Ed.), 71, §46A, 
etc., amended. 



Chap.297 An Act authorizing cities and towns to establish 
commissions to promote business and industry, and 
TO appropriate money therefor. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 40, new 
§ 8A, added. 

Establishment 
of industrial 
commissions 
in cities and 
towns, 
authorized. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose which is to provide immediately for the 
establishment by cities and towns of industrial commissions 
to promote business and industry, 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: 

Section 1. Chapter 40 of the General Laws is hereby 
amended bj^ inserting after section 8, as appearing in the 
Tercentenary Edition, the following section : — Section 8 A . 
A city or town which accepts this section may establish a 
development and industrial commission for the promotion 
and development of the industrial resources of said city or 
town. Such commission shall conduct researches into in- 
dustrial conditions and shall seek to co-ordinate the activities 
of unofficial bodies organized for said purposes, and may 
advertise, prepare, print and distribute books, maps, charts 
and pamphlets which in its judgment will further the provi- 
sions for which it is created. The commission may appoint 
such clerks and other employees as it may require. 

Such commission shall consist of not less than five nor 
more than fifteen members. The members in cities shall be 



Acts, 1954. — Chap. 298. 201 

appointed by the mayor, subject to the provisions of the 
city charter, except in cities operating under a Plan D or 
Plan E form of city charter, said appointments shall be by 
the city manager, subject to the provisions of the city 
charter; and in towns they shall be elected at the annual 
town meeting, excepting towns having a manager form of 
government, in which towns such appointments shall be 
made by the town manager. When a commission is first 
established, the terms of the members shall be for such 
length, not exceeding five years, and so arranged that the 
terms of approximately one fifth of the members will expire 
each year, and their successors shall be appointed for terms 
of five years each. Any member of a board so appointed in 
a city may be removed for cause after a public hearing, if 
requested, by the mayor \^dth the approval of the city 
council. A vacancy occurring otherwise than by expiration 
of term shall be filled for the unexpired term in a city in the 
same manner as an original appointment, and in a town as 
provided in section eleven of chapter forty-one. 

Section 2. Section 5 of said chapter 40 is hereby amended g; l. jTer.^ 
by inserting after clause (46), inserted by chapter 149 of the etc!, 'amended. 
acts of 1954, the following clause: — 

(47) For the purpose of establishing and maintaining a Certain appro- 
business and industrial commission to promote business and auul^rrzed. 
industry, a sum not exceeding in any one year one twentieth 
of one per cent of the assessed valuation of the preceding 
year, but in no event more than fifty thousand dollars. 

Approved April 8, 1954. 

An Act to exempt the lifeguard staff in the division (Jjiav 298 
OF public beaches of the department of public 

WORKS FROM THE OPERATION OF THE CIVIL SERVICE LAW. 

WhereaSy The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to forthwith exempt the hfe- p^ambie. 
guard staff in the division of public beaches of the depart- 
ment of public works from the operation of the civil service 
law, 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 5 of chapter 31 of the General Laws, as most ej^-|71'5 
recently amended by chapter 26 of the acts of 1951, is hereby etc!, 'amended. 
further amended by inserting after the word "forty-eight", in 
lines 27 and 28, the words: — ; the lifeguard staff in the Exemptions 
division of pubUc beaches in the department of pubUc works, ser^ce "^^ 

Approved April 8, 1954. coverage. 



202 Acts, 1954. — Chap. 299. 



Chap. 299 An Act to establish the boundaries of the hadlet 

WATER SUPPLY DISTRICT. 

Be it enacted, etc., as follows: 

Section 1, The boundaries of the Hadley Water Supply 
District are defined to be as follows : — Beginning at the 
southeasterly corner of the town of Hadley, thence northerly 
on the town line between the towns of Hadley and Amherst, 
about five thousand eight hundred feet to a stone bound 
marking an angle in the said town line ; thence south eighty- 
six degrees forty-five minutes west, along said town line, 
eight hundred twenty feet to another stone bound near a 
highway called Bay road; thence north seventeen degrees 
twenty-three minutes east, fourteen thousand seven hundred 
sixty-four feet on the said town line, to a stone bound; 
thence north eighty-six degrees nine minutes west, two 
hundred seventy-one feet on the said town fine to a stone 
bound; thence north fourteen degrees thirty-five minutes 
east, one thousand nine hundred eighteen feet on the said 
town line to a stone bound; thence south eighty-seven de- 
grees six minutes east, tv/o hundred seventy-three feet on 
the said town line to a town bound stone located sixty feet, 
more or less, south of the southerly line of the state highway 
leading from Hadley to Amherst; thence north sixteen 
degrees thirty-four minutes east, eleven hundred sixty feet 
on said town line; thence continuing in the same direction 
about one mile on said Amherst line to the northeasterly 
corner of land now or formerly of A. J. Babb; thence westerly, 
along the northerly side of said Babb's land to the Adams 
Mill brook; thence northwesterly along the center of said 
brook and pond to the iron bridge at Adams Mills; thence 
westerly, about half a mile along the said brook to the divi- 
sion line between lands now or formerly of Frank Scott on 
the north and Homer Cowles on the south; thence con- 
tinuing westerly about half a mile on said division fine 
between Scott and Cowles to the northwesterly corner of 
land of the said Cowles at the easterly foot of Mount Warner; 
thence southwesterly and westerly along the foot of Mount 
Warner to the division line between lands now or formerly 
of Charles Hawley on the east and George White on the 
west at the center of an old, discontinued road leading to 
Paul Wright's bridge; thence southerly, along the center of 
said discontinued road about forty rods to the road lead- 
ing from North Hadley to Plainville, now called Mt. Warner 
road; thence crossing said Mt. Warner road and running 
southwesterly along the division line between other lands 
now or formerly of the aforesaid Charles Hawley and George 
White to land now or formerly of the heirs of James Hickey ; 
thence southeasterly, along land now or formerly of said 
heirs of James Hickey to the center of Long Hill road, now 
called Breckenridge road; thence southwesterly, along the 
center of said road about thirty rods to the center of Hunting- 



Acts, 1954. — Chap. 300. 203 

ton road (formerly called Breckenridge road); thence 
westerly, along the center of said Huntington road to a 
point which is one thousand three hundred eighty-three 
feet distant from a highway bound number eight located 
at the intersection of a highway called River Drive (formerly 
called River road) with said Huntington road; thence 
northerly, one rod, more or less, to the northerly side of 
said Huntington road at the southeast corner of land now or 
formerly of one Sessions; thence north nine degrees forty 
minutes west, eleven hundred seventy-four feet, more or 
less; thence north fifteen degrees west, four hundred eighty- 
three feet, more or less, to a point; thence north eighty- 
seven degrees thirty minutes east, seven hundred sixty-seven 
and six tenths feet, more or less, to a point; thence north 
j&fteen degrees thirty minutes west, three thousand one 
hundred fifty feet, more or less, to a point; thence south 
seventy-four degrees thirty minutes west, crossing River 
Drive and passing through highway bound number eighteen 
which is southerly of a watering tub, two thousand one 
hundred feet, more or less, to a point in the Connecticut 
river; thence southerly, following the course of said river 
to the point where the Fort river did enter said Connecticut 
river before said Fort river cut its new course; thence up 
Fort river to the center of the covered bridge over the same ; 
thence south forty-five degrees east, to the town hne between 
Hadley and South Hadley; thence easterly along said town 
line to the place of beginning. 

Section 2. All proceedings of the Hadley Water Supply 
District and all acts of the commissioners, officers and agents 
of said district, in so far as they may be invalid by reason 
of failure of said district as extended, to take the proper 
steps under acts extending the boundaries of said district, 
are hereby validated and confirmed and shall have the same 
effect as if the district had taken the proper steps with re- 
spect to said extensions of boundaries. 

Section 3. All proceedings of the annual meeting of the 
Hadley Water Supply District in the town of Hadley, in- 
cluding the election of officers, held on February first, nine- 
teen hundred and fifty-four, are hereby vahdated. 

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

Approved April 12, 1954. 

An Act reviving carpet club associates inc. Chap.SOO 

Whereas, The deferred operation of this act would delay Emergency 
the corporation revived thereby in resuming the exercise preamble. 
of its former corporate powers, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 
Be it enacted, etc., as follows: 

Carpet Club Associates Inc., a corporation dissolved on 
September twenty-sixth, nineteen hundred and forty-five, 
by decree of the supreme judicial court for Suffolk county, 



204 Acts, 1954. — Chaps. 301, 302. 

is hereby revived, with the same powers, duties and obh- 
gations as if said decree had not been entered; provided, 
however, that if said corporation seeks to obtain a hcense 
for the sale of alcohohc beverages under the provisions of 
section twelve of chapter one hundred and thirty-eight of 
the General Laws, the provisions of section seventeen of 
said chapter which allow the granting of additional licenses 
to such clubs as were licensed to sell during the 3'^ear nineteen 
hundred and thirty-five all alcoholic beverages shall not 
apply to said corporation. Approved April 12, 195 If. 

Chap. 301 An Act transferring a certain employee of the de- 
partment OF conservation to the division of public 
beaches in the department of public works. 

Be it enacted, etc., as follows: 

Section 1. Robert J. Brault, who held the position of 
conservation helper at the Salisbury Beach Reservation 
in the department of conservation for a period of five years 
prior to the transfer of the functions of such position to the 
division of public beaches in the department of pubhc 
works, is hereby permanently transferred to a similar posi- 
tion in said division of public beaches, without loss of retire- 
ment or other rights. 

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

Approved April 12, 195Jf. 

C hap. S02 An Act relative to the non-criminal disposition of 

PARKING VIOLATIONS WITH RESPECT TO PARKING AREAS 
ADJACENT TO OR ABUTTING COUNTY BUILDINGS. 

Be it enacted, etc., as follows: 

EdV'q^T20A Section 20A of chapter 90 of the General Laws, as most 
etc!, 'amended.' recently amended by section 1 of chapter 249 of the acts of 

1953, is hereby further amended by adding at the end the 

following paragraph : — 
Tdfaceftto The provisions of this section shall apply to violations 

certain county of Tules and regulations relative to the use of parking areas 
regu^fd. subject to the control of the county commissioners adjacent 

to or abutting county buildings, and county commissioners 

are hereby authorized to make said rules and regulations. 

Approved April 12, 1964- 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, April 12, 1954. 

Honorable Edward J. Croni.v. Secretary of the Commonwealth, 
State House, Boston, Afassachiisatts. 

Sir: I, Sumner G. Whittier, Lieutenant Governor, Acting 
Governor, by virtue of and in accordance with the provisions 
of the Forty-eighth Amendment to the Constitution, "The 



Acts, 1954. — Chap. 303. 205 

Referendum II, Emergency Measure", do declare that in 
my opinion, the immediate preservation of the pubUc con- 
venience requires that the law passed on the twelfth day 
of April in the year one thousand nine hundred and fifty-four, 
being Chapter 302 of the Acts of 1954 entitled, "An Act 
Relative to the Non-Criminal Disposition of Parking Vio- 
lations with Respect to Parking Areas Adjacent to or 
Abutting County Buildings", should take effect forth- 
with and that it is an emergency law, and that facts con- 
stituting the emergency are as follows: 

In order that the present overcrowding of available park- 
ing space in areas under the control of the County Com- 
missioners is such that the setting up of rules and regulations 
for the control of parking is a public necessity. 

Very truly yours, 

Sumner G. Whittier, 

Lieutenant Governor, 
Acting Governor. 



Office of the Secretaht, Boston, April 12, 1954. 

I, Edward J. Cronin, Secretary of the Commonwealth, 
hereby certify that the accompanying statement was filed 
in this office by His Honor the Lieutenant Governor, Acting 
Governor of the Commonwealth of Massachusetts at four 
o'clock and twenty 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 three hundred and two of the acts of nineteen 
hundred and fifty-four. 

Edward J. Cronin, 
Secretary of the Commonwealth. 

An Act relative to the approval by the commissioner Chap. SOS 
OF public safety of the licensing of certain public 
entertainment on the lord's day. 

Be it enacted, etc., as follows: 

Chapter 136 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 4, as most recently amended by chapter ftc'^'amenied 
596 of the acts of 1953, and inserting in place thereof the 
following section : — Section 4- Except as provided in Licensing of 
section one hundred and five of chapter one hundred and f".itl'I;?'^''iil 

. - . , "^ , - entertainment 

forty-nme, the mayor oi a city or the selectmen of a town on Lord's day, 
may, upon written application describing the proposed '^^"^^^ • 
entertainment, grant, upon such terms or conditions as they 
may prescribe, a license to hold on the Lord's day a public 
entertainment, including musical entertainment provided 
by mechanical or electrical means, in keeping with the 
character of the day and not inconsistent with its due ob- 
servance, whether or not admission is to be obtained upon 
payment of money or other valuable consideration, and, 
if the proposed entertainment described in the appHcation 



206 



Acts, 1954. — Chaps. 304, 305. 



is solely for the use of television, the use of radio, or musical 
entertainment provided by mechanical or electrical means, 
the mayor or selectmen may grant an annual license therefor; 
provided, that no such license shall be granted to have effect 
before one o'clock in the afternoon, nor shall it have effect 
unless the proposed entertainment shall have been approved 
in writing by the commissioner of public safety as being in 
keeping with the character of the day and not inconsistent 
with its due observance. The application for the approval 
of the proposed entertainment by the commissioner shall be 
accompanied by a fee of two dollars, or, in the case of an 
application for the approval of an annual license, as herein 
provided, by a fee of fifty dollars. Any such license may, 
after notice and a hearing given by the mayor or selectmen 
issuing the same, or by said commissioner, be suspended, 
revoked or annulled by the officer or board giving the hearing. 

Approved April 12, 1954. 



Chap. 304: An Act relative to the driving of vehicles on ways 

WHICH ARE divided INTO LANES. 

Be it enacted, etc., as follow s: 

Edo, sJ.'^MB, Section 4B of chapter 89 of the General Laws, inserted 
etc., 'amended.' by scction 1 of chapter 461 of the acts of 1952, is hereby 
amended by adding at the end the following sentence: — 
When the right lane has been constructed or designated for 
purposes other than ordinary travel, a driver shall drive his 
vehicle in the lane adjacent to the right lane except when 
overtaking another vehicle or when preparing for a left or 
right turn. Approved April 12, 1954. 



Driving of 
vehicles on 
certain ways, 
regulated. 



Chap.ZOb An Act relative to the inclusion of engine numbers 
in applications for the registration of motor 
vehicles. 

Be it enacted, etc., as follows. • 

Ed.V." 9o.''§ 2, "^^6 first paragraph of section 2 of chapter 90 of the 
etc., 'amended. General Laws, as amended by chapter 443 of the acts of 
1950, is hereby further amended by striking out the second 
sentence and inserting in place thereof the following sen- 
tence: — The application shall contain, in addition to such 
other particulars as may be required by the registrar, a 
statement of the name, place of residence and address of the 
applicant, with a brief description of the motor vehicle or 
trailer, including the name of the maker, the number affixed 
by the maker, if any, and, in the case of a motor vehicle, 
the engine number affixed by the maker, if any was so 
affixed, and the character of the motor power. 

Approved April 12, 1954- 



Contents of 
application for 
registration of 
motor vehicles. 



Acts, 1954. — Chaps. 306, 307, 308. 207 



An Act relative to the display of red lights upon Chap.SOQ 

VEHICLES owned AND OPERATED BY FIREMEN, CALL FIRE- 
MEN AND FOREST WARDENS. 

Be it enacted, etc., as follows: 

Section 7E of chapter 90 of the General Laws, inserted Ed^gJl'TE 
by chapter 266 of the acts of 1949, is hereby amended by etc^, 'amended.' 
striking out the first sentence and inserting in place thereof 
the following sentence : — The provisions of section seven Display of 
notwithstanding, a vehicle owned and operated by a fire- vehicfe^s*us'^ed 
ward, forest warden, deputy forest warden, member of a g^g°g''h'g° 
fire department of any town, but not a city, or call member permftted.^' 
of a fire department may have mounted thereon a red light 
which may be displayed in the direction toward which the 
vehicle is proceeding or facing only when such owner and 
operator is proceeding to a fire or in response to an alarm 
and when the official duty of such owner and operator re- 
quires him to proceed to said fire or to respond to said alarm, 
and at no other time. Approved April 12, 195 4. 

An Act making further exemptions from the law re- C hap. S07 

LATING to charter OR SPECIAL BUS SERVICE. 

Be it enacted, etc., as follows: 

The third paragraph of section 11 A of chapter 159A of Sj^(J|^- 
the General Laws is hereby amended by striking out the § i'ia, etc.,' 
third sentence, as appearing in chapter 161 of the acts of '^'"^'^d'''^- 
1951, and inserting in place thereof the following sentence: — 
The terms "charter service" or "special service" shall not Certain opera- 

111 • c 1-1 11 If tions made 

include the operation oi a motor vehicle actually used for inapplicable 
the transportation of school children under a contract with spec^aTbus"'^ 
a municipality or municipal board, or the operation of a service laws. 
motor vehicle actually used for the transportation of school 
children to and from school; provided, that the authorities 
of such school shall have entered into a written agreement 
with the owner of the motor vehicle for the furnishing of 
such transportation; or the operation of a motor vehicle 
so used and owned and operated by such authorities ; or the 
operation of sight-seeing automobiles licensed under chapter 
three hundred and ninety-nine of the acts of nineteen 
hundred and thirty-one. Approved April 12, 1954- 

An Act relative to the disbursement of certain money (7/^0^.308 
received by the land court. 

Be it enacted, etc., as folloivs: 

Section 11 of chapter 185 of the General Laws, as appear- g. l. (Xer. 

ing in the Tercentenary Edition, is hereby amended by ^j^g^^j'g^^f- * '^• 

inserting after the word "recorders", in line 11, the words: 

— , except that money so received for the cost of pubhcation 

of notices shall be disbursed directly by the recorder, — so 

as to read as follows: — Section 11. The recorder and all Certain dis- 
bursements 



208 Acts, 1954. — Chap. 309. 

by the assistant recorders shall be sworn before the judge of the 

iu'tho'r'ized. land court, and a record thereof shall be made. They shall 
give bond in a sum to be fixed by the court, for the faithful 
performance of their official duties, before entering upon 
the same. They may administer oaths to persons appearing 
before them in matters pertaining to the registration of 
land, if an oath is required. They shall keep accurate 
accounts of all money received as fees or otherwise, which 
shall be subject to examination by the director of accounts, 
in the same manner as accounts of registers of deeds. The 
recorder shall pay over quarterly to the state treasurer all 
such money received by him either directly or through the 
assistant recorders, except that money so received for the 
cost of publication of notices shall be disbursed directly by 
the recorder. In case of the absence of an assistant recorder, 
the assistant register for the district, or if there is no assistant 
register, the person acting as clerk in the office of the register 
of deeds, shall perform the duties of the assistant recorder, 
who shall be responsible for him. 

Approved April 12, 1954- 



Chap. 309 An Act relating to agreements by fiduciaries with 

THEIR SURETIES FOR JOINT CONTROL OF MONEYS IN CO- 
OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 205 of the General Laws is hereby amended by 

§ isA^eto., striking out section 19A, as most recently amended by chap- 
amended. ^qj. (35 Qf ^^g g^g^g of 1950, and inserting in place thereof the 

Certain agree- followiug scctiou I — Sectiou 19 A. Any receiver, assignee, 
j^fntcontroi guardiau, conservator, trustee, executor, administrator or 
co-^Trl^tfvl" other fiduciary, or party from whom a bond is required, 
banks, ^ may agree and arrange with his sureties for the deposit for 
safekeeping of any or all moneys, assets, and other property 
for which he is or may be responsible with a bank, savings 
bank, safe deposit or trust company authorized by law to do 
business as such in the commonwealth, or to deposit such 
moneys on paid-up shares and accounts of and in a co- 
operative bank or to invest such moneys in the purchase of 
share accounts of a federal savings and loan association or a 
savings and loan association located in the commonwealth, 
and in such manner as to prevent the withdrawal or alien- 
ation of such money, assets or other property or any part 
thereof, without the written consent of such sureties, or an 
order of the court in which said bond is filed, or of a judge 
thereof, made on such notice to such sureties as the court or 
judge may direct. Approved April 12, 1954- 



authorized. 



Acts, 1954. — Chaps. 310, 311. 209 



An Act relative to the conveyance to the ALfVSSACHU- Qfidj) 310 

SETTS GENERAL HOSPITAL BY THE CITY OF BOSTON OF ITS 
RIGHT, TITLE AND INTEREST IN AND TO CERTAIN LAND IN 
SAID CITY. 

Be it enacted, etc., as follows: 

The mayor of the city of Boston, when authorized thereto 
by order of the city council of said city passed by two thirds 
of all the citj'' councillors after two separate readings and 
by two separate votes, the second of said readings and votes 
to be had not less than fourteen days after the first, may, in 
the name and behalf of said city, enter into a contract with 
the Massachusetts General Hospital wherein (a) said city 
shall agree that, whenever the medical examiner of Suffolk 
county using the mortuary on the westerly side of North 
Grove street in said city shall discontinue the use of said 
mortuary and the municipal board having charge of the 
discontinuance of public ways in said city shall discontinue 
in the manner provided by law Fruit street, North Grove 
street and that portion of Parkman street lying westerly 
of the westerly side of North Anderson street in said city, 
said city shall convey to said hospital all right, title and 
interest of said city in and to Fruit street. North Grove 
street and the aforesaid portion of Parkman street and also 
the site of said mortuary; and (6) said hospital shall agree 
that it shall indemnify and save harmless said city from and 
against any and all damages payable by said city by reason 
of the discontinuance of Fruit street. North Grove street 
and the aforesaid portion of Parkman street in said city and, 
in addition, shall pay said city such price as shall be fixed 
by the order of the city council authorizing such contract. 
The mayor of said cit}'- shall have power, without further 
authority than that contained in this act, to perform said 
contract by conveying in the name and behalf of said city 
the right, title and interest aforesaid and to execute and 
deliver any deed or other instrument necessary to effectuate 
such conveyance. Approved April 12, 1054. 



Chap.311 



An Act empowering the probate court to authorize 

CERTAIN fiduciaries TO DEPOSIT FUNDS IN CO-OPERATIVE 
BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section 48 A of chapter 201 of the General p- l- (Ter. 
Laws is hereby amended by striking out the first sentence, usA^etc., 
as most recently amended by section 1 of chapter 174 of the '^™^°^^'*- 
acts of 1952, and inserting in place thereof the following 
sentence: — Upon application therefor by a conservator Deposit of 
or by a guardian of an insane person or a spendthrift, whose o"erlw °" 
ward is a resident of the commonwealth, the probate court, banks by 
after such notice as it deems necessary, and a hearing, may authorized. 
authorize such conservator or guardian to deposit for the 



210 



Acts, 1954. — Chap. 311. 



G. L. (Ter. 
Ed.), 206, 
§ 27, etc., 

amended. 

Deposit of 
certain funds 
held by_ 
fiduciaries. 



G. L. (Ter. 
Ed.), 215, 
§ 41. etc., 
amended. 



Temporary 
investments 
by fiduciaries, 
authorized. 



purpose hereinafter stated, in a savings bank, or in the 
savings department of a trust company, within the common- 
wealth, or on paid-up shares and accounts of and in a co- 
operative bank, a sum not exceeding five hundred dollars, 
or may authorize said conservator or guardian to purchase 
a share account of a federal savings and loan association 
or a savings and loan association located within the com- 
monwealth, in a sum not exceeding five hundred dollars, to 
be expended solely for, or towards the expense of, the burial 
of his ward. 

Section 2. Chapter 206 of the General Laws is hereby 
amended by striking out section 27, as amended by section 2 
of chapter 66 of the acts of 1950, and inserting in place 
thereof the following section : — Section 27. If an executor, 
administrator, guardian, conservator or trustee has money 
which he considers it advisable to deposit in a savings bank 
or on paid-up shares and accounts of and in a co-operative 
bank, or with which he considers it advisable to purchase 
share accounts of a federal savings and loan association or 
a savings and loan association located in the commonwealth, 
in the name of the judge of probate, for the benefit of any 
person, he may apply to the probate court by which he was 
appointed for leave so to do, and the court may in its dis- 
cretion, without notice, direct such money to be so deposited, 
or such purchase to be made. When the depo.sit is made the 
deposit book or certificates of the bank shall be filed in said 
court and when a purchase is made the account book of said 
federal savings and loan association shall be filed in said 
court. When the person entitled to such money satisfies 
the court of his right to receive it, the court shall by decree 
direct that it be transferred to him. 

Section 3. Section 41 of chapter 215 of the General 
Laws, as amended by section 3 of said chapter 66, is hereby 
further amended by inserting after the word "judge", in 
line 5, the words : — or on paid-up shares and accounts of 
and in co-operative banks, — so as to read as follows : — 
Section 41- A probate court may, upon application of a 
person interested in an estate in process of settlement in 
such court, direct the temporary investment of any money 
belonging to such estate in securities approved by the judge, 
or on paid-up shares and accounts of and in co-operative 
banks, or in share accounts of federal savings and loan 
associations or a savings and loan association located in the 
commonwealth; or it may authorize the money to be de- 
posited in any bank or institution in the commonwealth 
empowered to receive such deposits, upon such interest as 
such bank or institution may agree to pay. 

Approved April 12, 1954- 



Acts, 1954. — Chaps. 312, 313. 211 

An Act providing for the deposit of certain unclaimed C hap. S12 

MONEY IN CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section 25 of chapter 206 of the General Edj.'ffi"^' 
Laws, as amended by section 1 of chapter 64 of the acts of §25,' etc.,' 
1950, is hereby further amended by striking out the first ^"'^'^ ^ ' 
sentence and inserting in place thereof the following sen- 
tence : — If money which a decree of a probate court has Deposit of 
ordered to be paid over remains for six months unclaimed, ^°ney"in'* 
the executor, administrator, guardian, conservator or trustee ^""^^g'"'^*'"^* 
who was ordered to pay the same may deposit it in a savings authorized. 
bank or other hke institution, or on paid-up shares and 
accounts of and in co-operative banks, or invest it in bank 
stock or other stocks, or in share accounts of a federal savings 
and loan association or a savings and loan association located 
in the commonwealth, as the probate court orders, to ac- 
cumulate for the benefit of the person entitled thereto. 

Section 2. Chapter 241 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 34, as amended by section 2 ^'^I'Jili 
of said chapter 64, and inserting in place thereof the follow- amended'.' 
ing section: — Section 34- If the proceeds of a sale, or any Disposal of 
share thereof, cannot be paid to the persons entitled thereto, proceeds^,*^ 
the commissioners shall deposit the same in the name of the regulated. 
judge of probate for the county where the proceedings are 
had, in such savings bank or other like institution, or on 
paid-up shares and accounts of and in co-operative banks, 
or purchase with it in the name of said judge of probate a 
share account of a federal savings and loan association or a 
savings and loan association located in the commonwealth, 
as the court orders, to accumulate for the persons entitled 
thereto. The deposit or purchase shall be subject to sec- 
tions twenty-five to twenty-eight, inclusive, of chapter two 
hundred and six, so far as apphcable. 

Approved April 12, 1954- 



An Act further regulating the age of enlistment in nh^^ 313 

THE uniformed BRANCH OF THE DIVISION OF STATE POLICE ^' 

IN THE DEPARTMENT OF PUBLIC SAFETY. 

Be it enacted, etc., as follows: 

Section L The first paragraph of section 9 A of chap- q. l. (Ter. 
ter 22 of the General Laws is hereby amended by striking ^^^o. 22^ 
out the last sentence, as appearing in chapter 175 of the amended." 
acts of 1943, and inserting in place thereof the following 
sentence : — No person who has reached his thirtieth birth- Age require- 
day shall be enhsted for the first time as an officer of the ^ate police. 
division of state police, except that said age qualification 
shall not apply in the case of the enHstment of any woman 
as such an oflicer. 

Section 2. This act shall not apply to any person who, Exception. 
on its effective date, is qualified and whose name is included 



212 Acts, 1954. — Chap. 314. 

in a list from which candidates for future appointment to 
the uniformed branch of the division of state police are to be 
selected. Approved April 12, 1954- 



Chap. S14: An Act authorizing the town of charlton to allow 

THE USE OF ITS EQUIPMENT WITH ITS OPERATOR ON PRIVATE 
PROPERTY FOR CERTAIN PURPOSES. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of utilizing its mechanical 
equipment to the greatest extent, furnishing more continuous 
employment for its employees and increasing the taxable 
value of the real estate within its boundaries, the town of 
Charlton is hereby granted authority to enter into agree- 
ments, through its selectmen, to rent such of its mechanical 
equipment with the operator thereof, when not needed for 
the use of the town, to private individuals for use on private 
property within the boundaries of said town. Said au- 
thority to enter into an agreement shall not be exercised 
unless and until the selectmen of the town have in their 
possession releases executed by the private individual and 
all employees of the town to be employed on such work to 
save the town harmless on account of any loss, cost or dam- 
ages ensuing from the performance of such a rental agree- 
ment, including loss, cost or damages to equipment so 
rented, reasonable wear and tear excepted; nor until a cash 
deposit equal in amount to the estimated rentals to be paid 
under said agreement, as determined by the selectmen, is 
paid over to the town; nor until policies of workmen's 
compensation insurance and public liability insurance, 
satisfactory to the selectmen, have been taken out by the 
private individual or individuals covering the proposed work. 

The costs of said rentals shall be paid by said private 
individuals. All bills and pay rolls chargeable for work 
done under such rental agreement shall be plainly marked 
to indicate that the work was done under authority of and 
in pursuance of said agreement, and shall be charged against 
the advance cash deposit which shall be credited on the 
books of the town in a separate account. Any excess of 
said charges over the cash deposit shall be paid over by the 
private individual to the town upon demand of the select- 
men or the town treasurer. Any remaining balance in the 
special cash deposit account, after the completion of the 
rental agreement, shall be returned to the private individual. 

The equipment and employees of the town of Charlton, 
while engaged in performing work under any said rental 
agreement, shall be deemed to be engaged in the service of the 
private individual, except that the service of any town em- 
ployee thereunder shall be deemed creditable service within 
the meaning of section one of chapter thirty-two of the 
General Laws, and shall constitute public employment 
within the meaning of chapter thirty-one of the General Laws 



Acts, 1954. — Chaps, 315, 316. 213 

if applicable now or hereafter in the town of Charlton to said 
employees. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the inhabitants of Charlton at a town 
meeting, but not otherwise. Approved April 12, 1954- 



An Act authorizing the department of mental health rj^Q^ 315 
TO permit the town of medfield to install a fire ^' 

WARNING system AT THE MEDFIELD STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The department of mental health is hereby 
authorized to permit the town of Medfield to install a fire 
warning system at the Medfield state hospital, said system 
to be installed subject to such conditions and restrictions as 
the commissioner of mental health may deem necessary. 

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

Approved April 15, 1954- 



An Act authorizing the town of middleborough to nh^.j, qia 

BORROW MONEY FOR SCHOOL PURPOSES. ^* 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 237 of the acts of 1948, 
as amended by section 1 of chapter 374 of the acts of 1950, 
is hereby further amended by striking out, in fine 3, the 
words "high school building" and inserting in place thereof 
the words: — school building or buildings, — so as to read 
as follows: — Section 1. For the purpose of acquiring land 
for and constructing and originally equipping and furnishing 
a school building or buildings, the town of Middleborough 
may borrow, from time to time, within a period of ten years 
from the passage of this act, such sums of money as may be 
necessary, not exceeding, in the aggregate, one million dollars, 
and may issue bonds or notes therefor which shall bear on 
their face the words, Middleborough School Loan, Act of 
1948. Each authorized issue shall constitute a separate loan, 
and such loans shall be paid in not more than twenty years 
from their dates. Indebtedness incurred under this act 
shall be in excess of the statutory limit but shall, except as 
provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved April 15, 1954- 



214 Acts, 1954. — Chaps. 317, 318. 

Chap.S17 An Act relative to certain lines, poles and other 

EQUIPMENT OF WORCESTER COUNTY ELECTRIC COMPANY 
AND NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY 
IN CERTAIN CITIES AND TOWNS SERVED BY SAID COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. All lines for the transmission of electricity 
for light, heat or power heretofore erected or acquired by the 
Worcester County Electric Company, and all lines hereto- 
fore erected or acquired by the New England Telephone and 
Telegraph Company for the transmission of intelligence by 
electricity or by telephone, upon, along, under or over the 
public ways and places of the cities and towns of Athol, 
Auburn, Ayer, Barre, Belchertown, Bellingham, Berlin, 
Blackstone, Bolton, Brimfield, Brookfield, Charlton, Chnton, 
Douglas, Dudley, Dunstable, East Brookfield, East Long- 
meadow, Erving, Foxborough, Franklin, Gardner, Grafton, 
Granby, Hampden, Hardwick, Harvard, Holland, Hopedale, 
Hubbardston, Lancaster, Leicester, Leominster, Marl- 
borough, Mendon, Milford, Millbury, Millville, Monson, 
New Braintree, New Salem, Northborough, Northbridge, 
North Brookfield, Oakham, Orange, Oxford, Palmer, 
Pepperell, Petersham, Phillipston, Plainville, Royalston, 
Rutland, Shirley, Shutesbury, Southborough, Southbridge, 
Spencer, Sturbridge, Sutton, Tyngsborough, Upton, Ux- 
bridge, Wales, Ware, Warren, Warwick, Webster, Wendell, 
Westborough, West Brookfield, Westminster, Wilbraham, 
Winchendon, Worcester and Wrentham, and the poles, piers, 
abutments, conduits, manholes and other fixtures necessary 
to sustain, protect or operate the wires and cables of said 
Unes and actually in place on the effective date of this act, 
are hereby made lawful, notwithstanding the lack of any 
valid locations therefor, or any informality in the proceedings 
relative to their location and erection; provided, that the 
validation aforesaid shall not be effective as to the lines, 
structures or fixtures aforesaid of either or both of said 
companies in said cities and towns unless the company or 
companies owning the same shall have filed with the clerks 
of said cities and towns not later than December thirty-first, 
nineteen hundred and fifty-five, a map or maps showing the 
location and nature of said lines, structures and fixtures in 
said cities and towns, such map or maps so filed to be recorded 
and kept with the records of original locations for poles and 
wires in said cities and towns. 

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

Approved April 16, 1954- 

Chap. SIS An Act relating to individual accident or health 

INSURANCE POLICIES. 

Be it enacted, etc., as follows: 

Ed^nr '^^^ ^^^ paragraph of section 149 of chapter 175 of the 

§ 149. ' General Laws, as appearing in the Tercentenary Edition, 

amended. 



Acts, 1954. — Chap. 319. 215 

is hereby amended by striking out the last sentence and 
inserting in place thereof the following sentence : — This 
section shall not apply to accident or health, annuity or 
pure endowment contracts. Approved April 15, 1954- 

An Act further defining charter service. C hap. S19 

Be it enacted, etc., as folloios: 

Section 1. Section UA of chapter 159A of the General ^;^\- [JgJ^ 
Laws, as most recently amended by section 1 of chapter 268 § liA. etc.," 
of the acts of 1953, is hereby amended by striking out the ^'"^"'^®^- 
first paragraph and inserting in place thereof the following 
paragraph: — No person shall operate or offer to provide "Charter 
service by means of any motor vehicle carrying ten or more defi'ned.' 
persons, including the driver, upon any pubHc way in 
charter service, as hereinafter defined, unless he shall have 
obtained from the department a hcense to engage in the 
business of rendering such service and certifying that the 
rendering of such service is consistent with the public interest, 
that public convenience and necessity require it and that 
the applicant is fit, willing and able properly to perform 
such service. "Charter service" is hereby defined as the 
transportation of groups of persons who, pursuant to a 
common purpose and under a single contract, and at a fixed 
charge for the vehicle have acquired the exclusive use of the 
vehicle for the duration of a particular trip or tour and in 
such a manner as not to be subject to section one. The 
department may, after public hearing, grant or refuse to 
grant a hcense to engage in the business of rendering charter 
service, and may, after notice and hearing, suspend or 
revoke such a hcense for cause. Any such license shall 
remain in force, except while so suspended, until so revoked. 

Section 2. Said section 11 A of said chapter 159A is g. l. (Ter. 
hereby further amended by striking out the second para- f iiA^eta,' 
graph, as appearing in section 1 of chapter 482 of the acts ^"'''^^^'^ . 
of 1947, and inserting in place thereof the following para- ^^^°^ 
graph : — 

No person shall operate any motor vehicle upon any "Special 
pubhc way in special service, as hereinafter defined, unless defi'ned.' 
he shall have obtained from the department a permit to 
render such special service, certifying that the rendering of 
such special service is consistent with the pubhc interest, 
and pubhc convenience requires it. "Special service" is 
hereby defined as the transportation, by motor vehicle 
over a route other than one certified to the apphcant under 
section seven, for any special purpose, event or occasion or 
series of events or occasions, of a number of passengers to 
whom the carrier itself, or some person in its behalf, has 
sold or intends to seU tickets for transportation service, 
whether such tickets are for transportation alone or are in 
the form of combination tickets. No special service permit 
shall be issued in any city or town as the point of origin 
other than to the holder of a certificate under section seven 



216 Acts, 1954. — Chap. 320. 

or a license under section ten of chapter five hundred and 
forty-four of the acts of nineteen hundred and forty-seven 
who has a certificated or licensed route or routes in said 
city or town, unless there is no such certificate or license 
holder in such city or town, or unless the holder of said cer- 
tificate or license is not fit, willing and able properly to 
perform the special service applied for, and no such permit 
shall be issued to operate over a route over which or ap- 
proximately over which a carrier has a certificate to operate 
under section seven or a license to operate under said section 
ten, if said carrier is fit, willing and able properly to perform 
the special service applied for. The department may grant 
or refuse to grant a permit for such special service, upon 
application, after not less than seven days' notice by mail 
directed to such holders of certificates issued under section 
seven of this chapter or licenses issued under section ten of 
chapter five hundred and forty-four of the acts of nineteen 
hundred and forty-seven serving the cities or towns of origin 
and destination named in such application as might, in the 
judgment of the department, be interested in such operations. 
In the event that the department considers that any objec- 
tion filed with it before the return date warrants further 
consideration, it shall hold such hearing on such notice as it 
may require, and shall thereupon grant or refuse to grant such 
permit. Such permit shall be granted only to the holder of a 
license issued under this section authorizing him to engage in 
the business of rendering charter service and the department 
may, after notice and hearing, revoke such permit for cause. 
Such special service shall not be subject to section one. 
Hclnsei^*^'"^ Section 3. All licenses for charter service or special 

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 15, 195 If. 

Chap. 320 An Act relative to the par value of shares of capital 

STOCK OF INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Edh'i7r'M9, Section 1. Section 49 of chapter 175 of the General 
ameAded.' ' Laws is hereby amended by striking out the first paragraph, 
as appearing in the Tercentenary Edition, and inserting 
in place thereof the following paragraph: — The company 
shall be formed in the manner described in and be subject 
to section nine of chapter one hundred and fifty-five, and 
sections six, eight to twelve, inclusive, and fourteen of chap- 
ter one hundred and fifty-six, except as otherwise expressly 
provided in this chapter. 
Ed)" 175 "^ Section 2. Said section 49 of said chapter 175 is hereby 

§49,' etc.', further amended by striking out the third paragraph, in- 
Imended. serted by section 2 of chapter 15 of the acts of 1939. 



Acts, 1954. — Chap. 321. 217 

Section 3. Section 50 of said chapter 175 is hereby g. l. (Ter. 
amended by striking out the first sentence, as amended by s'so.'iuf,' 
chapter 609 of the acts of 1945, and inserting in place thereof amended. 
the following sentence : — A stock company, by a two thirds Capital stock 
vote of all its stock entitled to vote, or a mutual company, companL"!* 
by a two thirds vote of those members present and voting, regulated. 
at a meeting duly called therefor, may alter, add to or change, 
to the extent authorized by this chapter, the classes of 
insurance for the transaction of which it was incorporated, 
may change the location of its principal office or place of 
business in the commonwealth, or, in the case of a stock 
company, may provide for the transaction of insurance on a 
participating plan, or may increase or reduce the par value 
of such shares of its capital stock as have par value, which 
value shall be not less than one dollar, or, in the case of 
either a stock company or a mutual company, may make any 
other law^ful amendment or alteration in its agreement of 
association or articles of organization, or in the correspond- 
ing provisions of its act of incorporation. 

Section 4. Section 70 of said chapter 175, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking amended^.' ^ ^^' 
out the second sentence, and inserting in place thereof the 
following sentence : — If a company shall vote to increase increase of 
its capital in the second of the two ways set forth in this newl^tock!''^' 
section, the directors shall fix the price per share, in respect P"ce. etc. 
of shares with par value at not less than par and in respect 
of shares without par value at not less than its stated portion 
of authorized capital, at which, and the time, not less than 
thirty days after the date of such yote to increase, within 
which the new stock may be taken by the stockholders. 

Section 5. Section 71 of said chapter 175, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out the first sentence, amended.' ' 
and inserting in place thereof the following four sentences : — 
Any company may, upon vote of a majority of the stock 
represented at a meeting legally called for that purpose, 
reduce its capital stock but not to an amount less than 
required by section forty-eight or fifty-one, except as herein- 
after provided. It may effect such reduction by decreasing Reduction of 
the number of shares thereof, or by reducing the proportion- authoriz^!'^' 
ate authorized capital value of its shares. Par value of such 
shares as have par value may not be reduced to less than one 
dollar. Assets and property shall not be distributed to its 
stockholders if authorized capital would be impaired thereby. 

Approved April 15, 1954. 

An Act naming and designating the swimming pool Chap. 321 

AT SAXON FOSS PARK IN THE CITY OF SOMERVILLE AS THE 
WILLIAM J. AND EDWARD T. LATTA MEMORIAL SWIMMING 
POOL. 

Be it enacted, etc., as follows: 

The swimming pool at Saxon Foss park in the city of 
Somerville, constructed by the metropolitan district com- 



218 Acts, 1954. — Chap. 322. 

mission, shall be known and designated as the William J. 
and Edward T. Latta Memorial Swimming Pool. The 
metropolitan district commission, having charge of the 
maintenance of said pool, is hereby authorized and directed 
to place thereat in a conspicuous place a tablet or marker 
bearing said designation. Approved April 15, 1954- 

Chap. 322 An Act authorizing the city of Gloucester to use 

CERTAIN LAND HELD FOR PLAYGROUND PURPOSES FOR 
SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Gloucester is hereby authorized 
to take and use for public school purposes the portion, herein- 
after described, of the Mattos playground, so called, situated 
on Webster street in said city and to place same under the 
jurisdiction of the school committee thereof, instead of said 
portion of said playground being used for public playground 
purposes and being under the jurisdiction of the plaj'^ground 
commission of said city, said portion of said playground 
being as follows : — 

A certain parcel of land situated on the northeasterly 
side of Webster street in said city and bounded and described 
as follows: Beginning at a point on the northeasterly side 
line of said Webster street and a proposed way twenty-five 
feet wide, shown on the plan hereinafter referred to, and at 
land now or formerly of Harold L. Parsons et ux; thence 
running northwesterly by said street, eighty-five feet, to 
a corner; thence continuing northwesterly, but in a more 
westerly direction, by said street on four courses, forty-nine 
feet, seventy feet, thirty-two and fifty-four hundredths 
feet and one hundred sixty feet, more or less, respectively, 
to a point; thence turning and running northeasterly by the 
remaining portion of said playground, four hundred forty 
feet, more or less, to land now or formerly of Salvatore 
Corrao et ux; thence turning and running southeasterly 
by land now or formerly of said Corrao and across a forty- 
foot way shown on said plan, three hundred feet, more or 
less, to a corner in the southeasterly side line of said forty- 
foot way and land now or formerly of Harold B. Parsons 
et ux; thence turning and running southwesterly by land 
of said Parsons, twenty-eight feet, to a corner and the easterly 
side line of said proposed twenty-five-foot way; thence 
turning and running southerly by the edge of said way, land 
of said Parsons and land now or formerly of Carleton L. 
Critchett, one hundred thirty-nine and seventy hundredths 
feet, to a corner at land now or formerly of Doris S. 
Tamarindo et al ; thence turning and running southwesterly 
by the southeasterly side line of said proposed twenty-five- 
foot way and by land of said Tamarindo et al and land of 
said Harold L. Parsons et ux, two hundred seventeen and 
ninety-one hundredths feet, to said Webster street and point 
begun at. 



Acts, 1954. — Chap. 323. 219 

Said parcel is shown in more detail on a plan entitled 
"Plan of Joseph Mattos Playground and Vicinity, Gloucester, 
Massachusetts," dated November, 1953, made by Paul A. 
Polisson, City Engineer. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the playground 
commission and the city council of said city, but not other- 
wise. Approved April 15, 1954. 



An Act regulating the employment and discharge of njin'r) 323 

EMPLOYEES BY LICENSEES CONDUCTING A HORSE OR DOG '^' 

RACING MEETING. 

Be it enacted, etc., as follows: 

Chapter 271 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 40, as appearing in the Tercentenary amenlJi.' ^ ^°' 
Edition, and inserting in place thereof the following sec- 
tion: — Section 40. No railroad, street railway, electric Employment, 
light, gas, telegraph, telephone, water or steamboat com- by h'oTsl^nd'" 
pany, and no licensee conducting a horse or dog racing dog track 
meeting under chapter one hundred and twenty-eight A, restricted. 
shall appoint, promote, reinstate, suspend or discharge any 
person employed or seeking employment by any such com- 
pany or Hcensee at the request of the governor, lieutenant 
governor, or any member or member elect of the council or 
of the general court, or candidate therefor, justice of the 
supreme judicial court, justice of the superior court, judge 
of probate, judge of the land court, justice of a district court, 
district attorney, member or member elect of a board of 
county commissioners, or candidate for county commis- 
sioner, mayor or mayor elect of a city, or candidate therefor, 
member or member elect of a board of aldermen, or select- 
men, or city council, or any executive, administrative or 
judicial officer, clerk or employee of any branch of the govern- 
ment of the commonwealth or of any county, city or town; 
nor shall any such pubhc officer or body, or any member or 
member elect thereof or candidate therefor, directly or in- 
directly advocate, oppose or otherwise interfere in, or make 
any request, recommendation, endorsement, requirement or 
certificate relative to, and the same, if made, shall not be 
required as a condition precedent to, or be in any way re- 
garded or permitted to influence or control, the appoint- 
ment, promotion, reinstatement or retention of any person 
employed or seeking employment by any such company or 
licensee, and no such person shall solicit, obtain, exhibit, or 
otherwise make use of any such official request, recom- 
mendation, certificate or endorsement in connection with 
any existing or desired employment by a pubhc service 
corporation or by any such licensee. Any person or corpo- penalty, 
ration violating any provision of this section shall be punished 
by a fine of not less than fifty nor more than one hundred 
dollars. Approved April 15, 1954- 



220 



Acts, 1954. — Chaps. 324, 325, 326. 



G. L. (Ter. 
Ed.), 46, 
§ 2A, etc., 
amended. 



Examination 
of certain 
records, 
restricted. 



Chap. 324 An Act to impound notices of intention of marriage 

AND MARRIAGE RECORDS. 

Be it enacted, etc., as follows: 

Section 2A of chapter 46 of the General Laws, as most 
recently amended by section 1 of chapter 269 of the acts 
of 1939, is hereby further amended by inserting after the 
word "seven", in line 6, the words: — , or those of ille- 
gitimate persons, — and by inserting after the word "birth", 
in line 9, the words : — or marriage, — so as to read as 
follows : -^ Section 2 A . Examination of records and returns 
of illegitimate births, or abnormal sex births, or of the notices 
of intention of marriage and marriage records in cases where 
a physician's certificate has been filed under the provisions 
of section twenty A of chapter two hundred and seven, or 
those of illegitimate persons, or of copies of such records in 
the office of the state secretary, shall not be permitted except 
upon proper judicial order, or upon request of a person 
seeking his own birth or marriage record, or his attorney, 
parent, guardian, or conservator, or a person whose official 
duties, in the opinion of the town clerk or state secretary, 
as the case may be, entitle him to the information con- 
tained therein, nor shall certified copies thereof be furnished 
except upon such order, or the request of such person. 

Approved April 16, 1954. 



Chap.S25 An Act authorizing certain members of police de- 
partments TO BE EXCUSED FROM DUTY AT CERTAIN 
times. 

Be it enacted, etc., as follows: 

Section 17 of chapter 147 of the General Laws, as most 
recently amended by section 2 of chapter 346 of the acts of 
1951, is hereby further amended by adding at the end the 
following sentence: — Members of police departments may 
be excused from duty and from attendance at a police sta- 
tion or other place for not more than two days in any year 
without loss of pay while in attendance as an official dele- 
gate at the Massachusetts Police Association convention 
held within the commonwealth. Approved April 15, 1954- 



G. L. (Ter. 
Ed.), 147. 
§ 17, etc., 
amended. 

Certain off- 
duty activities 
of police 
officers, per- 
mitted. 



C/iap. 326 An Act relative to indemnification or protection of 

CERTAIN state OFFICERS AND EMPLOYEES IN CONNECTION 
WITH ACTIONS FOR PERSONAL INJURIE§. 



G. L. (Ter. 
Ed.), 12. 
new § 3D, 
added. 
Duty of 
attorney 
general in 
connection 
with certain 



Be it enacted, etc., as follows: 

Chapter 12 of the General Laws is hereby amended by 
inserting after section 3C, inserted by chapter 337 of the 
acts of 1947, the following section: — Section 3D. Upon 
the filing with the attorney general of a written request by 
any officer or employee of the department of mental health 
or public health, that the attorney general defend him against 



Acts, 1954. — Chaps. 327, 328. 221 

an action for damages for bodily injuries or infections, actions 
physical or mental agony or pain, death of any person, or pirsonnei*** 
any damage to property of another on the hospital grounds, 
arising out of the operation of said department of mental 
health or public health, the attorney general shall, if after 
investigation it appears to him that such officer or employee 
was at the time the cause of action arose acting within the 
scope of his official duties or employment, take over the 
management and defence of such action. The attorney gen- 
eral may adjust or settle any such action at any time before, 
during or after trial, if he finds after investigation that the 
plaintiff is entitled to damages from such officer or employee, 
and in such case there shall be paid from the state treasury 
for settlement in full of such action from such appropriation 
as may be made by the general court for the purposes of this 
section such sum, not exceeding five thousand dollars on ac- 
count of injury to or death of one person and not exceeding 
five thousand dollars on account of damage to property, as 
the attorney general shall determine to be just and reason- 
able and as the governor and council shall approve. If an 
execution issued on a final judgment in such an action is 
presented to the state treasurer by an officer qualified to 
serve civil process and if there is also presented to or on file 
with said state treasurer a certificate of the attorney gen- 
eral certifying that said execution was issued on a judgment 
in an action in which he appeared for and defended the de- 
fendant in accordance with the provisions of this section, 
there shall be paid from the state treasury from the appro- 
priation above referred to the amount of the execution, in- 
cluding costs and interest, up to but not in excess of the 
respective limits hereinabove set forth. 

Approved April 15, 1954. 

An Act relative to the issuance of general or blanket QJku) 327 
accident and health insurance policies. 

Be it enacted, etc., as follows: 

Subdivision (A) of section 110 of chapter 175 of the Gen- g. l. (Ter. 
eral Laws is hereby amended by inserting after the word s^iio/Jui'.. 
"associations", in fine 19, as appearing in section 1 of chap- amended. 
ter 532 of the acts of 1952, the following: — ; or (i) any issuance of 
association of employers or employees in the same or re- gurance'"" 
lated industry having a constitution and by-laws and formed policies. 
in good faith for purposes other than that of obtaining in- 
surance for its association members and employees. 

Approved April 15, 1954- 

An Act increasing certain fees of clerks of courts (jjid^j 328 

AND CLERKS OF DISTRICT COURTS. 

Be it enacted, etc., as follows: 

Section 1. Section 22 of chapter 218 of the General EdJ.S'^' 
Laws, as amended by chapter 310 of the acts of 1937, is §22,' etc..' 

' -^ ^ amended. 



222 



Acts, 1954. — Chap. 328. 



Small claims 

procedure. 

Fee. 



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

Fees in district 
courts. 



G. L. (Ter. 
Ed.), 262, §4, 
amended. 



Effective date. 



hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentence : — The 
procedure shall include the beginning of actions with an 
entry fee of one dollar and twenty-five cents but without 
writ, and Avithout requirement, except by special order of 
court, of other pleading than a statement to the clerk or an 
assistant clerk, who shall reduce the same to concise written 
form in a docket kept for the purpose. 

Section 2. Chapter 262 of the General Laws is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 119 of the acts of 1950, and inserting 
in place thereof the following section : — Section 2. The 
fees of the clerks of district courts, in civil actions, shall be 
in the following amounts, payable in advance : — 

(a) For a blank writ of attachment with summons or 
any other blank writ or summons, ten cents. 

(6) For the entry of an action, petition or complaint, 
except supplementary proceedings, including filing of papers 
and entering up and recording judgment, two dollars. 

(c) For the entry of supplementary proceedings under 
chapter two hundred and twenty-four, one dollar and twenty- 
five cents, which, together with the fees of witnesses and 
officers in such proceedings, shall be allowed the creditor as 
costs. For notice to plaintiff or creditor of the desire of 
defendant or debtor to submit to examination under said 
chapter, three dollars. The plaintiff or creditor making 
affidavit to the court as provided in section two or six of 
said chapter shall pay a fee of one dollar, which, together 
with any sums paid under section twelve of said chapter, 
shall be allowed the plaintiff or creditor in his costs. 

(d) For each order of notice, citation or precept, seventy- 
five cents. 

(e) For a commission to take deposition, seventy-five 
cents. 

(/) For a writ of habeas corpus, one dollar. 
\g) For a certificate of judgment or other proceeding, 
seventy-five cents. 

(/i) For an attested copy of docket entries, one dollar. 
li) For an unattested copy of a paper, fifty cents a legal 



For an attested copy of a paper, sixty cents a legal 



page. 

(i) 

page. 

(/c) For approving or disapproving by the court of sureties 
on bonds or recognizances, except bonds given for removal 
of actions to the superior court, two dollars. 

(Z) For waiver of notice of marriage, one dollar. 

Section 3. Section 4 of said chapter 262 is hereby 
amended by striking out, in lines 3 and 7, as appearing in 
the Tercentenary Edition, the word "five" and inserting 
in place thereof, in each instance, the word : — ten. 

Section 4. This act shall take effect on October first 
in the current year. Approved April 20, 1954. 



Acts, 1954. — Chap. 329. 223 



An Act clarifying certain provisions of the formula Chap, 329 

FOR STATE AID FOR CONSTRUCTION OF SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Chapter 645 of the acts of 1948 is hereby amended by 
striking out section 9, as most recently amended by section 
2 of chapter 528 of the acts of 1950, and inserting in place 
thereof the following section : — Section 9. The commission 
shall, not later than July first of each year, certify to the 
comptroller, and the state treasurer shall within thirty days 
thereafter pay to the several cities, towns and districts, from 
any amounts appropriated therefor, the amounts due them 
in accordance with the provisions of the following clauses: — 

(a) The total construction grant for any approved school 
project in any city or town shall be one fourth of the product 
of the final approved cost of the project multiplied by the 
equalized valuation per pupil in net average membership 
for the entire commonwealth divided by the equalized 
valuation per pupil in net average membership of the city 
or town; provided, however, that no grant shall be approved 
for an amount less than twenty per cent or more than fifty 
per cent of such approved cost; 

(6) The total construction grant for any approved school 
project in any regional school district shall be one third of 
the product of the final approved cost of the project multi- 
phed by the equalized valuation per pupil in net average 
membership for the entire commonwealth divided by the 
total equalized valuation per pupil in the total net average 
membership of the towns comprising such district; pro- 
vided, however, that no grant shall be approved for any 
amount less than thirty-five per cent or more than sixty-five 
per cent of such approved cost; 

(c) In determining the construction grant for any school 
project under clauses (a) and (6), the commission shall use 
the net average membership for the last school year and the 
last equalized valuation for the cities, towns and the com- 
monwealth both next prior to the date of the award of the 
contract for such approved school project. 

Such total construction grant, in the case of any project 
to be financed from the proceeds of any sale of bonds or 
notes to the extent of fifty per cent or less of the approved 
cost thereof, shall be paid in five equal annual installments, 
beginning in the calendar year in which the construction of 
such project has been commenced. Such total construction 
grant, in the case of all other projects, shall be paid in equal 
parts to be determined by dividing such total grant by the 
number of years during which any indebtedness incurred 
for such projects shall remain outstanding. Such annual 
payments shall begin in the calendar year in which the first 
payment of principal on account of such indebtedness shall 
become due and payable, or in nineteen hundred and forty- 
nine, whichever is later. Ay-proved April 20, 1954. 



224 



Acts, 1954. — Chaps. 330, 331, 332, 333. 



Chap. SSO An Act relative to the powers of temporary con- 
servators. 

Be it enacted, etc., as follows: 

Section 21 of chapter 201 of the General Laws, as most 
recently amended by section 3 of chapter 571 of the acts of 
1953, is hereby further amended by striking out the second 
sentence and inserting in place thereof the following sen- 
tence: — A temporary conservator shall have the same 
powers and duties as a permanent conservator and may 
proceed and continue in the execution thereof, notwith- 
standing an appeal from the decree appointing him, until it 
is otherwise ordered by the supreme judicial court, or until 
the appointment of a permanent conservator or guardian 
or until the trust is otherwise legally terminated. 

Approved April 20, 1954. 



G. L. (Ter. 
Ed.), 201. 
5 21, etc.. 
amended. 



Powers and 
duties of 
temporary 
conservators. 



Chap. SSI An Act establishing a penalty for the violation of 

ANY RULE OR REGULATION MADE BY THE BOARD OF FIRE 
PREVENTION REGULATIONS. 

Be it enacted, etc., as follows: 

Chapter 148 of the General Laws is hereby amended by 
inserting after section lOA, amended by chapter 479 of the 
acts of 1945, the following section: — Section lOB. Any 
person who knowingly violates any rule or regulation made 
by the board of fire prevention regulations shall, except as 
otherwise provided, be punished by a fine of not less than 
twenty-five nor more than one hundred dollars. 

Approved April 20, 1954. 



G. L. (Ter. 

Ed.), 148. 
new § lOB, 
added. 
Penalty. 



Chap. SS2 An Act relative to the employment of assistants, 

CONSULTANTS, AND OTHER PERSONS BY THE COMMISSIONER 
OF ADMINISTRATION. 



G. L. (Ter. 

Ed.), 7. 
§ 3, etc., 
amended. 



Commissioner 
of adminis- 
tration may 
appoint 
assistants. 



Be it enacted, etc., as follows: 

Section 3 of chapter 7 of the General Laws, as most re- 
cently amended by section 1 of chapter 717 of the acts of 
1951, is hereby further amended by striking out the fifth 
and sixth sentences and inserting in place thereof the follow- 
ing sentence: — He may, subject to appropriation, appoint 
such additional assistants, consultants and other persons 
as the work of the office may require and may remove them. 

Approved April 20, 1954- 



Chap. SSS ^^ "^^^ AUTHORIZING THE COUNTY COMMISSIONERS OF THE 
COUNTY OF NANTUCKET TO LAY OUT AND MAINTAIN 'A 
RESERVATION AT SOUTH BEACH ON THE ISLAND OF NAN- 
TUCKET. 

Be it enacted, etc., as follows: 

The county commissioners of the county of Nantucket 
are hereby authorized to establish, lay out and maintain a 



Acts, 1954. — Chaps. 334, 335, 336. 225 

shore reservation, or reservation in that part of the Island 
of Nantucket called South beach and comprising approxi- 
mately one and nine tenths acres of vacant, marshy and 
undeveloped land in accordance with the Plan of Josiah S. 
Barrett, Engineer, dated November 20, 1953; provided, 
that the cost of said project including the purchase of said 
land shall not exceed the sum of one thousand dollars. 

Approved April 20, 1954- 

An Act requiring insurers under the compulsory Chav.dS4: 

MOTOR vehicle LIABILITY INSURANCE LAW TO FURNISH 
COPIES OF REPORTS OF MEDICAL EXAMINATIONS. 

Be it enacted, etc., as folloivs: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 1131, inserted by chapter 274 of the ne^w^'^^isj, 
acts of 1954, the following section: — Section 113J. Any added- 
company issuing or executing a motor vehicle liability policy nied^ai 
or bond, both as defined in section thirty-four A of chapter fyP°[g^eIr ^^^ 
ninety, which requests and makes a medical examination of upon request 
a person injured in an accident involving a motor vehicle, compln'ies.*'^ 
shall, upon request of the injured party or his attorney, 
furnish said party or attorney with copies of reports of all 
medical examinations made by said insurer; provided, that 
such injured party shall, upon request of said insurer, fur- 
nish it with copies of reports of all medical examinations 
and treatment made by his attending physician or physicians. 

Approved April 20, 1954. 

An Act authorizing the county commissioners of the Chap. 335 

COUNTY OF NANTUCKET TO LAY OUT AND MAINTAIN A 
reservation at smith's point ON THE ISLAND OF NAN- 
TUCKET. 

Be it enacted, etc., as follows: 

The county commissioners of the county of Nantucket 
are herebj'' authorized to establish, lay out and maintain a 
shore reservation, or reservation in that part of the Island 
of Nantucket called Smith's Point and comprising approxi- 
mately ninety-three and eight tenths acres of vacant and 
undeveloped land in accordance with Plan of Josiah S. 
Barrett, Engineer, dated November 18, 1953; provided, 
that the cost of said project including the purchase of said 
land shall not exceed the sum of one thousand dollars. 

Approved April 20, 1954. 

An Act authorizing the commissioner op natural re- Cha'p.33^ 

SOURCES TO PERMIT LIMITED USE OF WATER FROM LAKE 
COCHITUATE AND TO GRANT CERTAIN INCIDENTAL RIGHTS 
IN CONNECTION THEREWITH. 

Whereas, The deferred operation of this act would tend to EmerRency 
defeat its purpose, which is in part to authorize an immedi- preamble, 
ate grant of the right to use water from a portion of Lake 



226 Acts, 1954. — Chap. 337. 

Cochituate for cooling purposes and to grant certain inci- 
dental rights in connection therewith, therefore this act is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

The commissioner of natural resources may, notwith- 
standing any provision of chapter five hundred and fifty- 
seven of the acts of nineteen hundred and forty-seven, upon 
such reasonable terms and conditions as he may determine, 
and subject to the approval of the board of natural resources, 
the commissioner of public health, and the governor and 
council, grant to such persons as make application therefor 
the right to use for cooling purposes only water drawn from 
Lake Cochituate in the town of Natick, and in connection 
therewith may grant easements to lay, relay and maintain 
pipes and mains and appurtenances thereto, and to construct 
and maintain a pump house not larger than one hundred 
square feet at the base thereof, for the purpose only of hous- 
ing suitable pumping equipment, in or upon lands of the 
commonwealth bordering on or under said lake which are situ- 
ated north of and not more than twenty-two hundred feet 
distant from the Worcester turnpike, so called, and west of a 
line extending due north and south from the intersection of 
the center lines of the Saxonville branch of the Boston and 
Albany railroad and of the said Worcester turnpike. Any 
grant hereunder shall specify that any water taken from 
Lake Cochituate shall be returned to the lake undiminished 
except for loss by evaporation, leakage or the like, and that 
such water shall not be contaminated by oil, refuse or other 
harmful substance, or in any way rendered unsuitable for 
the uses provided for by chapter five hundred and fifty-seven 
of the acts of nineteen hundred and forty-seven. 

In the event that any right or easement granted hereunder 
shall not be exercised within five years from the granting 
thereof, or such right or easement shall at any time remain 
unused for a continuous period of ten years, such right or 
easement shall terminate upon notice in writing by the 
commissioner of natural resources. 

No use granted or conveyance made pursuant to the pro- 
visions of this act shall increase the amount of any pajonents 
due from the commonwealth as provided for under section 
five of chapter five hundred and fifty-seven of the acts of 
nineteen hundred and forty-seven. 

Approved April 23, 1954- 

Chap. SS7 An Act authorizing the commissioner of natural re- 
sources TO SELL AND CONVEY CERTAIN LAND OF THE 
COMMONWEALTH IN THE TOWN OF NATICK. 

prTambie''^ TF/^crcas, The deferred operation of this act would tend 

to defeat its purpose, which is in part to authorize an im- 
mediate sale and conveyance of certain land of the common- 



Acts, 1954. — Chaps. 338, 339. 227 

wealth in the town of Natick, 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: 

Subject to the approval of the governor and council, the 
commissioner of natural resources, in the name of and on 
behalf of the commonwealth, may, notwithstanding any 
provision of general or special law to the contrary, and for 
such consideration as he may determine, sell and make con- 
veyances of an}^ land under the control of the department 
of natural resources in the vicinity of Lake Cochituate, in 
the town of Natick, which is north of the Worcester turnpike, 
so called, and west of the Saxonville branch of the Boston 
and Albany railroad, and which is more than sixty feet from 
the shore line of said lake as determined by the commis- 
sioner, and which, in the opinion of the commissioner and 
the board of natural resources, is not necessary to the pur- 
poses for which Lake Cochituate and its adjacent land are 
held by said department of natural resources. 

Approved April 23, 1954. 

An Act authorizing the town of maynard to use certain Chap.SSS 

PARK land for school PURPOSES. 

Be it enacted, etc., as folloivs: 

Section L The town of Maynard is hereby authorized 
to use such portion of, or the whole of, certain park land 
located in said town, being the land annexed to the original 
John A. Crowe Park, except a strip thirty feet wide and 
parallel with the easterly boundary of John A. Crowe Park, 
and a strip seventy-five feet wide and parallel with the 
southerly boundary of said park, as the town, by vote at an 
annual or special town meeting taken within three years 
after the passage of this act, shall determine, for the erec- 
tion of a public school building or for other school uses, and 
for all purposes incidental thereto; and after such vote, 
such land shall be under the same care and control as other 
school property. 

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

Approved April 26, 1954. 

An Act providing for the establishment of a right of C/?a».339 

WAY FOR public ACCESS TO LAKE METACOMET IN THE TOWN 
OF BELCHERTOWN. 

Be it enacted, etc., as follows: 

Section L The county commissioners of Hampshire 
county are hereby authorized and directed to lay out in the 
town of Belchertown a right of way for public access to Lake 
Metacomet in said town, in accordance with plans to be 
approved by the department of public works and showing 
the location and dimensions of such right of way. If it is 



228 Acts, 1954. — Chaps. 340, 341. 

necessary to acquire land for the purpose of laying out such 
right of way, said county commissioners shall, at the time 
such right of way is laid out, take such land by eminent 
domain under chapter seventy-nine of the General Laws. 
Any person sustaining damages in his property by the 
laying out of such a right of Vv'ay, or by specific repairs or 
improvements thereon, shall be entitled to recover the same 
under said chapter seventy-nine; provided, that the right 
to recover damages, if any, by reason of the laying out of 
such right of way, shall vest upon the recording of the order 
of taking by said county commissioners and that no entry 
or possession for the purpose of constructing a public way 
on land so taken shall be required for the purpose of validating 
such taking or for the payment of damages by reason thereof. 

Section 2. The selectmen of the to^vn of Belchertown 
from time to time may make specific repairs on or improve 
such right of way to such extent as they may deem necessary, 
but neither the county of Hampshire, nor any city or town 
therein, shall be required to keep such right of way in repair, 
nor shall they be liable for injury sustained by persons 
traveling thereon; provided, that sufficient notice to warn 
the public is posted where such way enters upon or unites 
with an existing public way. 

Section 3. All expenses incurred by said county com- 
missioners in connection with such right of way shall be 
borne by the count}'' of Hampshire, or by such cities and 
towns therein and in such proportions as said county com- 
missioners may determine. 

Section 4. Said right of way shall not be discontinued 
or abandoned without authority therefor from the general 
court. ■ 

Section 5. Nothing in this act shall be construed to 
limit the powers of the department of public health, or of 
any local board of health, under any general or special law. 

Approved April 26, 1954. 

Chap. S4iO An Act relative to the powers and duties of the 
department of public w^elfare. 

Be it enacted, etc., as follow s: 

EdViisI" Section 10 of chapter 118A of the General Laws, as most 

5 lb.' etc., ' recently amended by section 10 of chapter 602 of the acts 

amen e . ^^ 1952, is hereby further amended by inserting after the 

word "selectmen", in line 25, the words: — and boards of 

public welfare. Approved April 26, 1954- 

Chap.S4:l An Act relative to the exemption of certain church 

DWELLINGS FROM TAXATION. 

Be it enacted, etc., as follows: 

EdV 59"' Clause Eleventh of section 5 of chapter 59 of the General 

§ 5', etc.." Laws is hereby amended by inserting after the word "held" 

amended. -j^ ^^^ g ^^ appearing in chapter 317 of the acts of 1938, the 



Acts, 1954. — Chaps. 342, 343. 229 

words : — , and including the official residence occupied 
by a district superintendent of the Methodist Church. 

Approved April 26, 1954- 

An Act increasing the number of assistant clerks of Chav.S42 

THE superior COURT FOR CIVIL BUSINESS IN THE COUNTY 
OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 221 of the General Laws, g. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended amended.' * 
by striking out, in hne 2, the word "fourteen" and inserting 
in place thereof the word : — sixteen, — so as to read as 
follows: — Section 6. The justices of the superior court ^^«^[^^^^°*j^ 
may appoint, for a term of three years from the date of their for Suffolk 
appointment, sixteen assistant clerks of said court for civil ri°o"°cou?t?'^ 
business in the county of Suffolk, one of whom shall per- 
form the duties of clerk pertaining to the equity proceedings 
in said court. 

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

Approved April 27 , 1954. 

An Act providing that persons receiving pensions or (7/^07?. 343 

retirement allowances WHO ARE ELECTED TO CERTAIN 
positions by THE COUNCIL IN PLAN E CITIES MAY RECEIVE 
COMPENSATION THEREFOR. 

Whereas, The deferred operation of this act would tend pr^ambie''^ 
to defeat its purpose, which is to provide without delay that 
persons receiving pensions or retirement allowances and 
who are elected to certain positions by the council in Plan E 
cities may receive compensation therefor, 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 91 of chapter 32 of the General Laws, as amended, Ed^'sJ^'* 
is hereby further amended by striking out the sentence 5 si.' etc., 
amended by chapter 264 of the acts of 1950 and inserting in *™^'* " 
place thereof the following sentence : — Notwithstanding Persons 
the foregoing provisions of this section or similar provisions pe^i^n or 
of any special law, a person who, while receiving such a aiiowl^ces 
pension or retirement allowance, is appointed for a term of may receive 
years to a position by the governor with or without the fn^i'rtain*'"" 
advice and consent of the council or is appointed for a term '=*^®^- 
of years to a position by the mayor or city manager of any 
city with or without confirmation by the city council or in 
Plan E cities is elected for a term of years to a position by 
the city council shall be paid the compensation attached to 
the position to which he is appointed or elected; provided, 
that he files with the treasurer of the governmental unit 
paying such pension or allowance, a written statement 
wherein he waives and renounces for himself, his heirs and 



230 Acts, 1954. — Chaps. 344, 345. 

his legal representatives his right to receive the same, for 
the period during which such compensation is payable. 

Approved April 27, 1954- 

Chap. 34:4: An Act removing the restrictions on certain property 

CONVEYED BY THE COMMONWEALTH TO THE TOWN OF 
WALPOLE. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 376 of the acts of 1948 
is hereby amended by striking out the last sentence, as 
amended by chapter 157 of the acts of 1949. 

Section 2. This act shall take effect upon its acceptance 
by a vote of an annual or special town meeting in the town 
of Walpole. Approved April 27, 195 4. 

Chap. 345 An Act authorizing the department or natural re- 
sources TO ACQUIRE A CERTAIN PARCEL OF LAND ADJACENT 
TO THE PITTSFIELD STATE FOREST. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of natural resources, 
acting in behalf of the commonwealth, may take by eminent 
domain under the provisions of chapter seventy-nine of the 
General Laws, or may acquire by gift, purchase or otherwise 
a certain parcel of land on Lebanon Mountain in the town 
of Hancock, bounded and described as follows: — Beginning 
at an iron pipe in the J northerly line of the state highway 
leading from Pittsfield westerly to the New York state 
boundary, being known as Federal Route 20, said iron pipe 
being opposite Station 98 + 68.92 on the recorded Plan of 
the 1938 Alteration of said state highway, said iron pipe 
being also at the southwesterly corner of land conveyed by 
William T. Butler and Gilbert M. Brewer to Joseph 
Bouchard, by deed dated December 22, 1939, and recorded 
with Northern Berkshire Registry of Deeds at Adams, Mass., 
in Book 434, Page 3; running thence westerly, northwesterly 
and northerly along the line of said state highway to a point 
opposite Station 142 + 38.37 as shown on the location plan 
of said state highway; thence leaving said state highway 
line and running S. 58° 51' 20" E. on the southerly line of 
the commonwealth of Massachusetts, 3,310 feet more or 
less to the northwesterly corner of said land so conveyed to 
Joseph Bouchard; running thence southerly in the westerly 
line of said land so conveyed to said Bouchard, 1,830 feet 
more or less to the place of beginning, and containing approxi- 
mately 125 acres more or less. 

Section 2. For the purposes of this act, there may be 
expended by the department of natural resources from item 
4010-21 of section two of chapter six hundred and thirty- 
two of the acts of nineteen hundred and fifty-two sums not 
exceeding twenty-five thousand dollars. 

Approved April 27, 1954. 



Acts, 1954. — Chap. 346. 231 



The COMMONWEAtTH OF MASSACHrSETTS, 

Executive Departweivt, State House, 

Boston, May 5, 1954. 

Honorable Edward J. Cronin, Secretary of the Commonicealth, 
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- 
ure", do declare that in my opinion, the immediate preserva- 
tion of the pubhc convenience requires that the law passed 
on the twenty-seventh day of April in the year one thousand 
nine hundred and fifty-four, being Chapter 345 of the Acts 
of 1954, entitled, "An Act Authorizing the Department of 
Natural Resources to Acquire a Certain Parcel of Land 
Adjacent to the Pittsfield State Forest", should take effect 
forthwith and that it is an emergency law, and that facts 
constituting the emergency are as follows: 

The delayed operation of tliis legislation would make it 
impossible for the Department of Natural Resources to take 
title to the land in time to meet the needs of the summer 
season, as well as take advantage of the appropriation made 
in 1952 to pay for the land. 

Very truly yours. 

Christian A. Herter, 
Governor of the Commonwealth. 



Office of the Secretary, Boston, May 5, 1954. 

I, Edward J. Cronin, Secretary of the Commonwealth, 
hereby certify that the accompanying statement was filed 
in this office by His Excellency the Governor of the Com- 
monwealth of Massachusetts at three o'clock and forty- 
eight minutes, p.m., on the above date, and in accordance 
with Article Forty-eight of the Amendments to the Consti- 
tution said chapter takes effect forthwith, being chapter 
three hundred and forty-five of the acts of nineteen hundred 
and fifty-four. 

Edward J. Cronin, 
Secretary of the Commonwealth. 

An Act relative to preliminary studies for the pur- 
pose OF reimbursement by the commonwealth for 
the construction of consolidated and regional 
schools. 

Be it enacted, etc., as follows. • 

Chapter 645 of the acts of 1948 is hereby amended by 
striking out section 6 and inserting in place thereof the two 
following sections : — Section 6. Any regional school dis- 
trict may apply to the commission for reimbursement, in 



Chap.MQ 



232 Acts, 1954. — Chap. 347. 

whole or in part, of any expenses incurred on or after January 
first, nineteen hundred and forty-six, for educational, engi- 
neering and architectural services incidental to the planning 
of a regional school. Architectural services shall include 
preliminary studies, preliminary plans, working drawings 
and specifications, estimates and all other work customarily 
performed by an architect for the' construction of a school 
prior to the execution of the construction contract by the 
awarding authority. Such application shall be accompanied 
by copies of such studies, plans, working drawings, speci- 
fications and estimates together with such additional infor- 
mation as the commission may require. The said commission 
may, if it is satisfied that the plans so submitted are satis- 
factory with respect to site, type and adequacy of the pro- 
posed construction for an approved school project in a 
regional school district and in the best interest of the respec- 
tive towns, and the expenses so incurred are reasonable, 
certify to the comptroller for payment to such regional school 
district such amount, not exceeding such expenses, as it 
may deem proper, and the state treasurer shall forthwith 
make the payments so certified from any funds appropriated 
therefor. 

Section 6 A. Any city, town or regional school district 
may apply to the commission for reimbursement, in whole 
or in part, of any expenses incurred on or after January 
first, nineteen hundred and forty-six, for surveys made of 
school building needs and conditions, the contract for which 
has been approved by the commission. The said commission 
may, upon completion of the survey, certify to the comp- 
troller for pajTiient to the city, town or regional school 
district such amount, not exceeding such expenses, as it 
may deem proper, and the state treasurer shall forthwith 
make the payments so certified from any funds appropriated 
therefor. Approved April 27, 195Jf. 

Cha'p.34:7 An Act providing that the salaries of the clerks 

AND ASSISTANT CLERKS OF THE MUNICIPAL COURT OF THE 
CITY OF BOSTON SHALL NOT BE REDUCED BY REASON OF 
THE APPOINTMENT OF A CHIEF JUSTICE OF SAID COURT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
two A of chapter seven hundred and forty-nine of the acts 
of nineteen hundred and fifty-one, the salaries in effect on 
the effective date of this act, of the clerks and assistant 
clerks of the municipal court of the city of Boston in office 
on said date, shall not be reduced solely by reason of an 
appointment of a chief justice of said court. 

Section 2. This act shall take effect as of April first, 
nineteen hundred and fifty-four. Approved April 28, 1964. 



Acts, 1954. — Chaps. 348, 349. 233 



An Act permitting teachers under certain conditions C/iaz>.348 
TO remain in service until the end of the school 

YEAR IN which THE MAXIMUM AGE IS ATTAINED. 

Whereas, The deferred operation of this act would tend ^rTambr"^ 
to defeat its purpose, which is to make certain provisions of 
law relative to retirement of teachers become effective for 
the present school year, therefore it is hereby declared to 
be an emergencj^ law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Subdivision (1) of section 5 of chapter 32 of the General EdV'sJ^ss 
Laws is hereby amended by inserting after paragraph (e) amended. ' 
the following paragraph : — 

(/) Notwithstanding any other provision in paragraph (a) Retirement 
of this subdivision, any teacher who attains the maximum teacl^ers" 
age for retirement in any school year may, upon the written ""^s'^i^^^'^- 
request for the continued employment of such teacher by 
the employing school committee or other employer filed in 
the office of the board not more than ninety days and not 
less than thirty days prior to the attaining of said maximum 
age, remain in service until the end of said school year, 
whereupon said service shall cease and retirement shall then 
become effective; provided, that no regular deductions for 
the retirement fund shall be made from any salary for 
service beyond the date when the maximum age was at- 
tained. Any member who, under the provisions of this 
paragraph, is permitted to remain in service beyond the 
maximum age shall, at any time, upon his written applica- 
tion on a prescribed form, be retired for superannuation as 
of a date which shall be specified in such application, and 
which shall be not less than thirty days and not more than 
four months after the date such application is on file in the 
office of the board, but in no event later than the end of the 
school year in which he attains the maximum age. The 
retirement allowance from the date of retirement of a person 
who remains in service under this paragraph beyond the 
maximum age shall be at an annual rate equal to that to 
which he would have been entitled had retirement taken 
effect at said maximum age. Approved April 28, 1954. 



ChapM^ 



An Act providing for free egress of employees in 

CASE of fire in CERTAIN INDUSTRIAL ESTABLISHMENTS. 

Be it enacted, etc., as follows: 

Section 126 of chapter 149 of the GeneralLaws, as amended ^. l. (Ter. 
by chapter 528 of the acts of 1945, is hereby further amended uize/etc.. 
by striking out the first sentence and inserting in place *™®°^®*^- 
thereof the following sentence: — No inside or outside door Firepre- 
of any building subject to the supervision of the department fn "certain 
which, under the provisions of section twenty-one of chapter industrmi 
one hundred and forty-three, is required as a means of free reqtur^.™*"**' 



234 



Acts, 1954. — Chaps. 350, 351. 



egress or escape from fire, and no inside or outside door of 
any industrial establishment in which ten or more persons 
are employed which is marked "exit" or in any other man- 
ner designating the same as a means of egress or escape from 
fire shall, during business hours, be so locked, bolted or 
fastened that such door cannot be opened from the inside 
by the use of the ordinary door knob, or by pressure on the 
door or on a panic release device, so called. 

Approved April 28, 1954. 



Chav.SdO An Act regulating the dismissal of certain teachers 

IN state teachers colleges. 



G. L. (Ter. 
Ed.). 73, 
new § 4B, 
added. 
Dismissal 
of certain 
teachers, 
regulated. 



Be it enacted, etc., as follows: 

Chapter 73 of the General Laws is hereby amended by 
inserting after section 4A the following section : — Section 
4B. A teacher in a state teachers college who has served as 
such in the state teachers colleges continuously for the three 
previous years, notwithstanding any contrary provision of 
general or special laws, shall not be dismissed from such 
employment except for just cause, and for reasons specifi- 
cally given him in writing by the department of education. 
Before any such removal is effected, the said teacher, upon 
his request, siiall be given a full hearing before the said 
department of which hearing he shall have at least thirty 
days written notice from the said department, and he shall 
be allowed to answer charges preferred against him either 
personally or by counsel. Approved April 28, 1954- 



Chav 351 ^^ ^^'^ '^^ further exempt from taxation certain 

REAL ESTATE OWNED BY PERSONS OVER SEVENTY YEARS 
OF AGE. 

Be it enacted, etc., as follows: 

Section 5 of chapter 59 of the General Laws is hereby 
amended by striking out clause Seventeenth, as most re- 
cently amended by section 1 of chapter 227 of the acts of 
1941, and inserting in place thereof the following clause: — 

Seventeenth, Subject to section five A, real estate, to the 
value of two thousand dollars, of a widow, or of any minor 
whose father is deceased, occupied by such widow, or minor 
as her or his domicile, or a person or persons over the age 
of seventy who has owned and occupied it as a domicile for 
not less than ten years; provided, that the whole estate, 
real and personal, of such widow, person or minor does not 
exceed in value the sum of eight thousand dollars, exclusive 
of property otherwise exempt under the twelfth, twentieth 
and twenty-first clauses of this section and exclusive of the 
value of the mortgage interest held by persons other than 
the person or persons to be exempted in such mortgaged 
real estate as may be included in such whole estate. No 
real estate shall be so exempt which the assessors shall ad- 



G. L. (Ter. 
Ed.), 59, 
§ 5, etc., 
amended. 



Certain real 
estate to be 
exempt from 
taxation 
under certain 
conditions. 



Acts, 1954. — Chaps. 352, 353. 235 

judge has been conveyed to such widow, person or minor 
to evade taxation. A widow, person or minor aggrieved by 
any such judgment may appeal to the county commis- 
sioners or to the appellate tax board within the time and in 
the manner allowed by section sixty-four or sixty-five, as 
the case may be. Approved April 28, 1954. 

An Act relative to the vacation time of persons hold- (JJid^f 350 

ING non-teaching POSITIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 29 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 31B, inserted by section ^ew'^^iic 
2 of chapter 580 of the acts of 1946, the following section: — added. 
Section SIC. Any officer or employee of the common- vacation time 
wealth, employed in a non-teaching position in any school non-teaching 
or college within any department of the commonwealth, positions. 
whose regular service is rendered between September first ''®^"^**®"^- 
and June thirtieth, may be granted the vacation leave to 
which he is entitled either during the period of his regular 
service, or after the expiration of said period, as is deter- 
mined by the employing authority of such officer and em- 
ployee. Funds made available by appropriation for the 
payment of personal services required in the operation and 
maintenance of such schools shall be available for the pay- 
ment of vacations, which, under the authority of this sec- 
tion, are granted to be taken after the termination of the 
period of regular service of an officer or employee subject 
to this section. 

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

Approved April 28, 1954. 

An Act repealing the excise on transfers of certifi- nhn^ qkq 
gates of stock. '' * 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to repeal the excise on transfers p'"^*'"'''*- 
of certificates of stock forthwith, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 
Be it enacted, etc., as follows: 

Section 1. Chapter sixty-four of the General Laws is q l_ (Ter. 
hereby repealed. Ed.).' 64. 

Section 2. Unused stock transfer stamps in the hands Redemption 
of taxpayers on the effective date of this act shall be redeemed of unused 
by the state treasurer upon certification by the state tax stamps!^*''^ ^' 
commission that said stamps have been returned to it and 
destroyed. Applications for redemption must be filed within 
six months from said effective date on a form prescribed by 
the state tax commission. 

Section 3. This act shall take effect on May first of the Effective date, 
current year. Approved April 29, 1954. 



236 



Acts, 1954. — Chaps. 354, 355, 356. 



Chav 354 ^^^ ^^'^ relative to the taxation of the bonds of the 
"" riassachusetts turnpike authority. 

^rTambie"^ Whereas, The deferred operation of this act would tend 

to defeat its purpose, wliich is to make available at once the 
exemptions granted therein, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the pubhc convenience. 
Be it enacted, etc., as follows: 

Section 12 of chapter 63 of the General Laws is hereby 
amended by inserting after paragraph (k), inserted by chap- 
ter 292 of the acts of 1953, the following paragraph: — 

(/) Bonds issued by the Massachusetts Turnpike Au- 
thority. Approved April 29, 1954. 



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



Chap.3d5 



Emergency 
preamble. 



G. L. (Ter. 
Ed), 112. 
§ 87H, etc., 
amended. 



Registration 
fees of barber 
shops. 



An Act increasing the renewal fees for certificates 
OF registration of barber shops. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to increase forthwith the 
renewal fees for certificates of registration for barber shops, 
which certificates expire on the thirtieth day of June of each 
year, therefore, this act is hereby declared to be an emergency 
law, necessary for the immediate preservation of the pubUc 
convenience. 
Be it enacted, etc., as follows. • 

The second paragraph of section 87H of chapter 112 of 
the General Laws, as most recently amended by chapter 319 
of the acts of 1950, is hereby further amended by striking 
out the sixth sentence and inserting in place thereof the 
following sentence: — All certificates of registration for 
barber shops shall be renewed annually by fihng applications 
therefor on forms supplied by the board and the paj^ment of a 
fee of three dollars, and such renewal shall, unless cancelled, 
suspended or revoked, be in full force and effect until June 
thirtieth of the year following its issuance. 

Approved April 29, 1954. 



Emergency 
preamble. 



Chap.SdQ An Act providing for the abatement of taxes on prop- 
* * erty affected by the disaster of JUNE ninth, nine- 

teen hundred and fifty-three. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make available immediately 
the tax abatements provided thereon on property affected 
by tlie disaster of June ninth, nineteen hundred and fifty- 
three, 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 any general or special 
law to the contrary, in respect to time for fihng applications 



Acts, 1954. — Chaps. 357, 358. 237 

for abatement of taxes on real estate affected by tornado 
loss, the board of assessors in each city or town affected by 
the tornado of June ninth, nineteen hundred and fifty-three, 
shall accept applications for abatement on real estate taxes 
for the year nineteen hundred and fifty-three, as provided in 
chapter five hundred and sixty-eight of the acts of nineteen 
hundred and fifty-three, and grant relief therefor up to and 
including October first, nineteen hundred and fifty-four. 

Approved April 29, 1954. 

An Act authorizing and directing all cities and towns Qhav 357 

TO MAKE A LISTING OF DOGS OWNED BY INHABITANTS 
SIMULTANEOUSLY WITH THE LISTING OF PERSONS TWENTY 
YEARS OF AGE OR OLDER SUBJECT TO A POLL TAX. 

Be it enacted, etc., as follows: 

Chapter 140 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 150, as amended by section 12 of chap- f^sVet"' 
ter 320 of the acts of 1934, and inserting in place thereof the amended." 
following section: — Section 150. Persons authorized or Annual listing 
directed by section four of chapter fifty-one or by any special rlqu°ifed. 
law to make lists of persons twenty years of age or older 
liable to a poll tax shall make a list of all dogs owned by the 
inhabitants at the time of making lists required under such 
section and return the same in duplicate to the city or town 
clerk, or, in Boston, to the police commissioner on or before 
April first. An owner or keeper of a dog who refuses to Penalty, 
answer or answers falsely to persons directed or authorized 
to make a list of the owners of dogs shall be punished by a 
fine of not less than ten dollars which, except in Suffolk 
county, shall be paid into the county treasury. 

Approved April 29, 1954. 



An Act creating the Plymouth pageant authority. 
Be it enacted, etc., as follows. • 

Section 1. Within thirty days after the acceptance of 
this act by the town of Plymouth, as hereinafter provided, 
the board of selectmen in the town of Plymouth shall ap- 
point five citizens of said town who, together with their 
successors in office, shall constitute the Plymouth Pageant 
Authority, hereinafter called the Authority. Of the persons 
first appointed, one shall be appointed to serve one year, 
one for two years, one for three years, one for four years and 
one for five years, and thereafter as the term of each member 
expires his successor shall be appointed for a term of five 
years by said board. The member originally appointed for 
the term of five years shall serve as chairman for a period 
of one year, and thereafter the members of the Authority 
shall elect its own chairman annually. 

The members of the Authority shall serve without pay, 
but shall be reimbursed out of the funds of the Authority 



Chap.S5S 



238 Acts, 1954. —Chap. 358. 

or out of any funds which may be appropriated by the town 
of Plymouth as hereinafter provided for all necessary ex- 
penses, including travel outside of the commonwealth, 
incurred in carrying out the provisions of this act. 

Section 2. The town of Plymouth is hereby authorized 
to construct, equip and maintain an outdoor theatre and 
other incidental facilities in the town of Plymouth for the 
presentation of historical, musical, religious, dramatic or 
other cultural performances for the entertainment or benefit 
of the residents of said town and its many visitors, and for 
such purposes to transfer the care, custody and maintenance 
of said theatre and facilities to the Authority. 

Section 3. The Authority shall make rules and regu- 
lations governing the use of said facilities and shall make its 
facilities available to any municipal, historical, rehgious, 
civic, patriotic, charitable or similar organization not organ- 
ized for profit for the production of cultural presentations 
to which admission may be charged, and may establish and 
collect rental charges for the use of said facilities. 

Section 4. The Authority is hereby authorized to use 
such portion of Morton park in said town as is necessary 
for the purpose of constructing its facilities, and may build 
roads and ways or relocate existing ways to provide safe 
and proper access to and egress from its facilities, and may 
provide areas for the parking of motor vehicles. 

Section 5. For the purpose of providing the necessary 
funds for the construction and original equipping and fur- 
nishing of the outdoor theatre and other incidental facilities 
authorized by section two of this act, the town of Plymouth 
is authorized to borrow such sums as may be necessary, not 
exceeding, in the aggregate, one hundred and twenty-five 
thousand dollars, and may issue bonds or notes payable in 
not more than fifteen years, which shall bear on their face 
the words, Plymouth Pageant Authority, Act of 1954. 
Indebtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be 
subject to the provisions of chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first 
paragraph of section seven thereof. 

Section 6. All funds received by the Authority from 
rentals, gifts, bequests or any other sources shall be deposited 
with the town treasurer, who shall retain said funds in a 
special account and use to defray interest charges and 
amortization of its bonds. Any balance in said account 
remaining after the payment of said charges shall be dis- 
bursed by the treasurer as ordered by the Authority for 
payment of its proper expenses and charges. The town of 
Plymouth is hereby authorized to appropriate from time to 
time for the use of said Authority such sums as may be 
voted under an appropriate article at any annual or special 
town meeting. 

Section 7. The Authority may employ experts, clerks 
and other employees, and may enter into contracts with 



Acts, 1954. — Chap. 359. 239 

individuals, firms or corporations in order to carry out the 
provisions of this act. 

Section 8. This act shall be submitted to the qualified 
voters of the town of Plymouth for acceptance at the biennial 
state election in the current year in the form of the follow- 
ing question whjch 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-four entitled 'An Act Creating the Plymouth Pageant 
Authority', be accepted?" If a majority of the votes cast 
in answer to said question is in the affirmative, then this act 
shall take full effect, but not otherwise. 

Ay proved April 29, 1954- 



An Act authorizing the metropolitan transit au- 
thority TO erect and maintain a station to be known 
AS science park station. 

Be it enacted, etc., as follows: 

Section 1. The Metropolitan Transit Authority is 
hereby authorized and directed to erect and maintain a 
station and facilities for passengers at the Leverett Street 
Circle between the North Station and Lechmere Station 
in the city of Boston. Said station shall be known as Science 
Park Station and its western approach is to be tied in to 
the metropolitan district commission pedestrian overpass 
now being constructed across Charles street, adjacent to 
said traffic circle. 

Section 2. For the purpose of providing funds for, or 
of restoring to the treasury of the Authority funds expended 
for, performing the work to be done by the Authority under 
this act, which work shall be deemed to be an alteration in a 
rapid transit facility under paragraph (i) of section eight A 
of chapter five hundred and forty-four of the acts of nine- 
teen hundred and forty-seven, the Authority may from time 
to time issue, and the Boston metropolitan district, herein- 
after referred to as the district, shall purchase bonds of the 
Authority under and in accordance with paragraph (j) of 
said section eight A. Except as herein otherwise expressly 
provided, all the provisions of said paragraph (j) and of 
paragraph (l) of said section eight A shall apply to the issue, 
refunding and payment of the bonds which the Authority 
and the district are authorized to issue under this act in the 
same manner and to the same extent as though the issue of 
such bonds were specifically authorized by said paragraph (j). 
All the provisions of paragraph (i) of said section eight A shall 
apply to the alteration in a rapid transit facihty authorized 
by this act in the same manner and to the same extent as if 
said alteration were specifically authorized by said para- 
graph (i); provided, however, that the total amount of 
bonds issuable by the Authority under said paragraph (j) 
for alterations made under said paragraph (i) is not hereby 
increased. 



Chap.S59 



240 Acts, 1954. — Chaps. 360, 361. 

Section 3. This act shall take full effect upon its ac- 
ceptance by the advisory board estabhshed under chapter 
four hundred and four of the acts of nineteen hundred and 
fifty-two, but not otherwise. Approved April 29, 1954- 

Chap.SQO An Act authorizing the town of dunstable to purchase 

A LOT OF LAND IN THE TOWN OF TYNGSBOROUGH FOR RECRE- 
ATIONAL PURPOSES. 

Be it enacted, etc., as folloios: 

Section 1. The town of Dunstable is hereby authorized 
to purchase for recreational purposes a lot of land in the 
town of Tyngsborough, situated in the northwesterly side 
of Pond street, sometimes called Massapoag Pond road, 
bounded and described as follows : — Beginning at the most 
easterly corner of the premises on the northwesterly side of 
said road at a stone bound, and at the southerly corner of 
land supposed to belong, now or formerly to A. G. Pike, 
thence S 41° 3' W along said road 422 feet to a stone bound 
at land conveyed this day by Elden I. Staples to Natalie 
Staples, thence N 13° 39' W along said last mentioned land 
315 feet to Massapoag pond, thence westerly by pond about 
183 feet to a maple tree on the shore of said pond at land 
of said Pike, thence S 69° 34' E by said last mentioned land 
198 feet to the point of beginning, containing 1.53 acres, 
being the lot of land conveyed by Elden I. Staples to Dana R. 
Staples by deed dated January eighteenth, nineteen hundred 
and forty-three, and recorded in Middlesex northern district 
registry of deeds, Book 988, Page 179. 

Section 2. The town of Dunstable is hereby authorized 
to pay each year to the town of Tyngsborough an amount 
equal to that which said last-mentioned town would receive 
for taxes upon the assessed value of the land purchased under 
the provisions of this act, as determined by the board of 
assessors of said last-mentioned town. 

Section 3. The town of Dunstable is hereby authorized 
to appropriate each year such sums, not exceeding two 
hundred dollars, as may be necessary to meet the cost of 
maintaining the land so purchased. 

Section 4. This act shall take full effect upon its ac- 
ceptance by vote of the town of Tyngsborough at a town 
meeting called for the purpose, but not otherwise. 

Approved April 29, 1954- 

Chav.SQl Ajst Act changing the name of the general edward 

LAWRENCE LOGAN AIRPORT. 

Be it enacted, etc., as follows: 

Section 8 of chapter 528 of the acts of 1943 is hereby 
amended by inserting after the word "Logan", in line 2, 
the word: — International, — so as to read as follows: — 
Section 8. Said airport shall be known and designated as 



Acts, 1954. — Chaps. 362, 363, 364. 241 

the General Edward Lawrence Logan International Airport, 
and a suitable tablet or marker bearing said designation 
shall be erected at said airport by the department. 

Approved April 29, 195 If. 



C/zap.362 



Chap.Zm 



An Act providing for the installation of a shower 

ROOM at the armory IN THE TOWN OF CONCORD. 

Be it enacted, etc., as follows: 

Section L The armory commission is hereby authorized 
to install a shower room in the basement of the armory in 
the town of Concord. For said purpose, said commission 
may expend a sum not exceeding ten thousand dollars upon 
the payment of said sum into the state treasury by said 
town of Concord. If any of said sum remains unexpended 
after the completion of said work, such remainder shall be 
repaid to said town to be used by the school committee for 
additional lockers. 

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

Approved May 3, 195 If. 

An Act authorizing the Leicester water supply dis- 
trict TO borrow money for water purposes. 

Be it enacted, etc., as follows: 

Section L For the purpose of making improvements 
in the water system necessary for the proper protection, 
maintenance and extension of said system, the Leicester 
Water Supply District may borrow, from time to time, 
within a period of three years from the passage of this act, 
such sums of money as may be necessary, not exceeding, 
in the aggregate, ten thousand dollars, and may issue bonds 
or notes of the district therefor which shall bear on their face 
the words, Leicester Water Supply District Improvement 
Loan, Act of 1954. Each authorized issue shall constitute 
a separate loan and such loans shall be paid in not more 
than ten years from their dates. Indebtedness incurred 
under this act shall be within the statutory limit of indebted- 
ness for districts authorized by chapter forty-four of the 
General Laws, and, except as otherwise provided by this 
act, shall be subject to the applicable provisions of said 
chapter. 

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

Approved May 3, 1954. 

An Act authorizing the town of sandwich to make C/iap. 364 
appropriations for municipal advertising. 

Be it enacted, etc., as follows: 

Section L The town of Sandwich may, by a majority 
vote, appropriate each year a sum not exceeding five hundred 
dollars for advertising the advantages of the town. The 



242 Acts, 1954. — Chaps. 365, 366. 

money so appropriated by said town shall be expended 
under the direction of the selectmen. 

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

Approved May S, 1954, 

Chap.SQ5 An Act authorizing the town of Southampton to pay 

A SUM OF MONEY TO CLAYTON MERCHAND. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the town of Southampton is hereby authorized 
to appropriate or transfer from available funds and pay to 
Clayton Merchand of said town the sum of six hundred 
and fifty dollars to reimburse him for medical and hospital 
expenses incurred by him on account of injuries sustained 
on November second, nineteen hundred and fifty-three by 
his minor daughter, Sandra Elizabeth Merchand, in the 
yard of the Southampton school. 

Section 2. Any action taken by the town meeting in 
the town of Southampton on February eighth, nineteen 
hundred and fifty-four 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 May 3, 1954- 

Chap.SQQ An Act increasing the amounts to be retained for the 

BENEFIT OF THE TEACHERS' RETIREMENT FUND IN THE 
CITY OF BOSTON FROM THE SALARIES OF MEMBERS OF SAID 
FUND. 

prTambie°^ Whereas, The deferred operation of this act would prevent 

the holding of a certain meeting on the date prescribed 
therein, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 5 of chapter 237 of the acts of 1900, 
as most recently amended by section 1 of chapter 200 of the 
acts of 1952, is hereby further amended by striking out the 
first sentence and inserting in place thereof the following 
sentence : — The city treasurer of the city of Boston shall 
retain from the salary of every teacher coming under the 
provisions of this act who is paid in twelve monthly pay- 
ments the sum of two dollars a month, and from the salary 
of every such teacher who is not so paid, the sum of twenty- 
four dollars a year in such instalments as the board of trustees 
shall approve. 

Section 2. Said chapter 237 is hereby further amended 
by striking out section 9 and inserting in place thereof the 
following : — Section 9. No annuity shall be voted under 



Acts, 1954. — Chap. 367. 243 

either section six or section seven unless at the time of the 
voting thereof the teacher has contributed to the general 
fund a sum equal to the aggregate of the amounts which, 
if he continued a teacher in the public day schools of the 
city of Boston for thirty years from the time he last became 
subject to this act, would be retained from his salary under 
section five, as from time to time amended; provided, 
however, that, if any teacher otherwise eligible for an an- 
nuity under either section six or section seven shall be 
unable to pay, before receiving an annuity, so much of said 
sum as shall not have been retained from his salary under 
section five of this act as from time to time amended, the 
board of trustees may in its discretion make to such teacher 
such monthly payments as in the opinion of said board the 
needs of such teacher may require. 

Section 3. Section 10 of said chapter 237, as most 
recently amended by chapter 186 of the acts of 1939, is 
hereby further amended by striking out the last sentence 
and inserting in place thereof the following sentence : — 
Upon the granting of said appUcation, in whole or in part, 
by said board of trustees, said representative shall be en- 
titled to receive, for the benefit of said estate, from the 
general fund, in full release and satisfaction of all claims 
and rights against the teachers' retirement fund, such sum, 
not exceeding one half of the total amount paid by such 
teacher into the general fund, as may be computed, fixed and 
granted by said board of trustees. 

Section 4. This act shall take full effect upon its ac- 
ceptance by a majority of all the votes cast at a special 
meeting to be held on the first Saturday of June in the 
current year by the teachers of the city of Boston who are 
included in chapter two hundred and thirty-seven of the 
acts of nineteen hundred, as amended; but not otherwise. 
It shall be the duty of the board of trustees of the fund 
created by said chapter two hundred and thirty-seven to 
call such special meeting and to give due notice thereof to 
all such teachers. Approved May S, 1954. 



An Act relative to the conditions imposed for the 

repair of back street in the city of boston. 
Be it enacted, etc., as follows: 

Chapter 828 of the acts of 1950 is hereby amended by 
striking out, in lines 6 to 11, inclusive, the words "no expense 
shall be incurred for said reconstruction or repair until all 
the owners of said Back street have authorized said work 
and executed releases to said commission releasing the 
commission from any and all claims arising from said recon- 
struction or repair and from any liability thereafter for 
defects or want of repair in said Back street" and inserting 
in place thereof the words : — the commission shall not be 
liable for defects or want of repair in said Back street, — 
so as to read as follows : — The metropolitan district com- 



Chap.SQ7 



244 



Acts, 1954. — Chap. 368. 



mission is hereby authorized and directed to reconstruct or 
repair Back street in the city of Boston, or any part thereof, 
as part of the construction authorized by chapter two 
hundred and sixty-two of the acts of nineteen hundred 
and forty-nine; provided, that the commission shall not 
be liable for defects or want of repair in said Back street. 
No assessment shall be made on any owner or abutter for 
the cost of such reconstruction or repair; and the doing of 
such work shall not be deemed to obligate said commission 
to maintain said Back street. Approved May S, 1954- 



Chap.SQS An Act to amend the zoning enabling law. 

Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 40. 
§5 25-30B, 
stricken out. 

G. L. (Ter. 

Ed.), new 
chapter 40 A, 
added. 



" The Zoning 
Enabling Act" 

General 
purposes. 



Section 1. Chapter 40 of the General Laws is hereby 
amended by striking out sections 25 to SOB, inclusive. 

Section 2. The General Laws are hereby amended by 
inserting after chapter 40 the following new chapter: — 

Chapter 40A. 
Zoning Regulations. 

Section 1. This chapter shall be known and may be 
cited as "The Zoning Enabling Act". 

Section 2. For the purpose of promoting the health, 
safety, convenience, morals or welfare of its inhabitants, 
any city, except Boston, and any town, may by a zoning 
ordinance or by-law regulate and restrict the height, number 
of stories, and size of buildings and structures, the size and 
width of lots, the percentage of lot that may be occupied, 
the size of yards, courts and other open spaces, the density 
of population, and the location and use of buildings, struc- 
tures and land for trade, industry, agriculture, residence or 
other purposes; provided, however, that no ordinance or 
by-law which prohibits or limits the use of land for any 
church or other religious purpose or for any religious, sec- 
tarian or denominational educational purpose shall be valid. 

For any or all of such purposes a zoning ordinance or 
by-law may divide the municipality into districts of such 
number, shape and area as may be deemed best suited to 
carry out the purposes of this chapter, and within such 
districts it may regulate and restrict the erection, construc- 
tion, reconstruction, alteration or use of buildings, and 
structures, or use of land, and may prohibit noxious trades 
within the municipality or any specified part thereof. All 
such regulations and restrictions shall be uniform for each 
class or kind of buildings, structures or land, and for each 
class or kind of use, throughout the district, but the regu- 
lations and restrictions in one district may differ from those 
in other districts. Due regard shall be paid to the charac- 
teristics of the different parts of the city or town, and the 
zoning regulations in any city or town shall be the same for 



Acts, 1954. — Chap. 368. 245 

zones, districts or streets having substantially the same 
character. A zoning ordinance or by-law may provide that 
lands deemed subject to seasonal or periodic flooding shall 
not be used for residence or other purposes in such a manner 
as to endanger the health or safety of the occupants thereof. 

Section 3. Zoning regulations and restrictions shall be other 
designed among other purposes to lessen congestion in the p^p"*^- 
streets; to conserve health; to secure safety from fire, panic 
and other dangers; to provide adequate hght and air; to 
prevent overcrowding of land ; to avoid undue concentration 
of population; to facilitate the adequate provision of trans- 
portation, water, sewerage, schools, parks and other public 
requirements; to conserve the value of land and buildings; 
to encourage the most appropriate use of land throughout 
the city or town; and to preserve and increase its amenities. 

Section 4- A zoning ordinance or by-law may provide Exceptions to 
that exceptions may be allowed to the regulations and ordTnanceT"""* 
restrictions contained therein, which shall be appUcable to "[j^y''!'"*- 
all of the districts of a particular class and of a character set ^ °*^ ' 
forth in such ordinance or by-law. Such exceptions shall 
be in harmony with the general purpose and intent of the 
ordinance or by-law and may be subject to general or specific 
rules therein contained. The board of appeals established 
under section fourteen of such city or town, or the city council 
of such citj'' or the selectmen of such town, as such ordinance 
or by-law may provide, may, in appropriate cases and subject 
to appropriate conditions and safeguards, grant to an apph- 
cant a special permit to make use of his land or to erect and 
maintain buildings or other structures thereon in accordance 
with such an exception. Before granting such a special 
permit the board of appeals, or the city council or the select- 
men if the ordinance or by-law so provides, shall hold a 
pubhc hearing thereon, notice of which shall be given in 
accordance with section seventeen. 

Section 5. Except as provided in section eleven, a zoning zoning 
ordinance or by-law or any amendment thereof shall not by'liaw'! when 
apply to existing buildings or structures, nor to the existing inapplicable, 
use of any building or structure, or of land to the extent to 
which it is used at the time of adoption of the ordinance or 
by-law, but it shall apply to any change of use thereof and 
to any alteration of a building or structure when the same 
would amount to reconstruction, extension or structural 
change, and to any alteration of a building or structure to 
provide for its use for a purpose or in a manner substantially 
different from the use to which it was put before alteration, 
or for its use for the same purpose to a substantially greater 
extent. Such an ordinance or by-law may regulate non-use of 
non-conforming buildings and structures so as not to unduly 
prolong the life of non-conforming uses; provided, that no 
such ordinance or by-law shall so regulate the non-use of 
non-conforming land used for agriculture, horticulture or 
floriculture where such non-use has existed for less than 
five years. 



246 



Acts, 1954. — Chap. 368. 



Adoption or 
change of 
zoning 
ordinances 
or by-laws, 
regulated. 



Changes, how 
adopted. 



Section 6. Zoning ordinances or by-laws may be adopted 
and from time to time be changed by amendment, addition 
or repeal, but only in the manner hereinafter provided. No 
zoning ordinance or by-law originally establishing the 
boundaries of the district or the regulations and restrictions 
to be enforced therein, and no such ordinance or by-law 
changing the same as aforesaid, shall be adopted until after 
the planning board, if any, or, in a town having no such 
board, the board of selectmen, has held a public hearing 
thereon after due notice given and has submitted a final 
report with recommendations to the city council or town 
meeting, or until twenty days shall have elapsed after such 
hearing without the submission of such report; provided, 
that, in case of a proposed ordinance or by-law originally 
establishing the boundaries of the districts or the regulations 
and restrictions to be enforced therein, it shall be sufficient 
if a public hearing is held and a final report with recom- 
mendations is submitted by a zoning board appointed for 
the purpose by the city council or selectmen or twenty days 
elapse after such hearing without such report being sub- 
mitted. No such ordinance as proposed to be originally 
established or changed as aforesaid shall be adopted until 
after the city council or a committee designated or appointed 
for the purpose by it has held a public hearing thereon, at 
which all interested persons shall be given an opportunity to 
be heard. At least twenty days' notice of the time and 
place of such hearing before the city council or committee 
thereof shall be published in an official publication, or a 
newspaper of general circulation, in the city or town. After 
such notice, hearings and report, or lapse of time without 
report, a city council or town meeting may adopt, reject, or 
amend and adopt any such proposed ordinance or by-law. 

Section 7. No change of any zoning ordinance or by-law 
shall be adopted except by a two-thirds vote of all the 
members of the city council where there is a commission 
form of government or a single branch, or of each branch 
where there are two branches, or by a two-thirds vote of a 
town meeting; provided, that in case there is filed with the 
city clerk prior to the close of the first hearing before the 
city council or committee thereof a written protest against 
such change, stating the reasons, duly signed by the owners 
of twenty per cent or more of the area of the land proposed 
to be included in such change, or of the area of the land im- 
mediately adjacent, extending three hundred feet therefrom, 
or of the area of other land within two hundred feet of the 
land proposed to be included in such change, no such change 
of any such ordinance shall be adopted except by a unan- 
imous vote of all the members of the city council, whatever 
its form, if it consists of less than nine members or, if it 
consists of nine or more members, by a three-fourths vote 
of all the members thereof where there is a commission form 
of government or a single branch, or of each branch where 
there are two branches. 



Acts, 1954. — Chap. 368. 247 

Section 8. After acceptance of this section or correspond- Reconsidera- 

(. !• 1 • 1 1 • , • c c tion alter 

mg provisions oi earlier laws as provided m section lour of unfavorable 
chapter four, no proposed ordinance or by-law making a action, limited, 
change in any existing zoning ordinance or by-law, which 
has been unfavorably acted upon by a city council or town 
meeting, shall be considered on its merits by the city council 
or town meeting wdthin two years after the date of such 
unfavorable action unless the adoption of such proposed 
ordinance or by-law is recommended in the final report of 
the planning board or selectmen required by section six. 

Section 9. When zoning by-laws or any changes therein Submission to 
are submitted to the attorney general for approval as re- genTralf 
quired by section thirty-two of chapter forty, there shall regulated. 
also be furnished to liim a statement explaining clearly the 
by-laws or changes proposed, together with maps or plans, 
when necessary. 

Section 10. A building, structure or land used or to be certain 
used by a pubhc service corporation may be exempted from pubTirswvice 
the operation of a zoning ordinance or by-law if, upon peti- corporations. 
tion of the corporation, the department of pubhc utilities ^^"^^^ 
shall, after public notice and hearing, decide that the present 
or proposed situation of the building, structure or land in 
question is reasonably necessary for the convenience or 
welfare of the pubhc. 

Section 11. In a city, no zoning ordinance or amendment inapplicable 
thereof shall affect any permit issued or any building or permUs'aifeady 
structure lawfully begun before notice of hearing before the worl'bigun. 
planning board or the zoning board, as the case may be, or, 
if there is neither, before the city council, has first been 
given; and, in a town, no zoning by-law or amendment 
thereof shall affect any permit issued or any building or 
structure lawfully begun before notice of hearing before the 
planning board or the zoning board, as the case may be, or, 
if there is neither, before the selectmen, has first been given 
or before the issuance of the warrant for the town meeting 
at which such by-law or amendment is adopted, whichever 
comes first; provided, that construction work under such a 
permit is commenced within six months after its issue, and 
the work, whether under such permit or otherwise lawfully 
begun, proceeds in good faith continuously to completion 
so far as is reasonably practicable under the circumstances. 
The issuance of a permit or the beginning of work upon a 
building or structure, or a change of use, after such notice 
has been given or such warrant has been issued, shaU not 
justify the violation of a zoning ordinance or by-law or an 
amendment thereto subsequently adopted as the outcome 
of such hearing and in substantial accord with such notice 
or warrant; provided, the subsequent steps required for the 
adoption of such ordinance or by-law or amendment thereto 
are taken in their usual sequence without unnecessary or 
unreasonable delay. 

Section 12. The inspector of buildings in a city or town, or withholding 
the ofiicer or board having supervision of the construction °f certain 

° ^ permits. 



248 



Acts, 1954. — Chap. 368. 



Api>eal. 



Board of 

appeals, 

establistied. 



of buildings or the power of enforcing the municipal building 
laws, or, if in any town there is no such officer or board, the 
selectmen shall withhold a permit for the construction or 
alteration of any building or structure if the building or 
structure as constructed or altered would be in violation of 
any zoning ordinance or by-law or amendment thereof; 
and state, county and municipal officers shall refuse any 
permit or license for a new use of a building, structure or 
land which use would be in violation of any zoning ordinance 
or by-law or amendment thereof. Any town, in which a 
zoning by-law is in force but in which there are no municipal 
building laws, may provide by by-law that no building shall 
be erected, externally altered or changed in use in such town 
without a permit from the selectmen; and the selectmen 
shall withhold such permit unless such erection, alteration 
or proposed use is in conformity with such zoning by-law. 

Section 13. An appeal to the board of appeals established 
under section fourteen may be taken by any person ag- 
grieved by reason of his inability to obtain a permit from any 
administrative official under the provisions of this chapter. 

A zoning ordinance or by-law may provide that, in addi- 
tion to appeals provided for under the foregoing provisions 
of this section, appeals may be taken to the board of appeals 
by any officer or board of the city or town, or by any person 
aggrieved by any order or decision of the inspector of build- 
ings or other administrative official in violation of any 
provision of this chapter, or any ordinance or by-law adopted 
thereunder, and may prescribe a reasonable time within 
which appeals under this section may be taken. 

Section I4. Every zoning ordinance or by-law shall 
provide for a board of appeals, which may be the existing 
board of appeals under the local building or planning ordi- 
nances or by-laws. Pending provision for a board of appeals, 
for a period of not more than three months after the adoption 
of such ordinance or by-law, the city council or selectmen 
shall act as a board of appeals. Any new board of appeals 
established hereunder shall consist of at least three members, 
who shall be appointed by the mayor, subject to the con- 
firmation of the city council, or by the selectmen, for terms 
of such length and so arranged that the term of one appointee 
will expire each year; and said board shall elect annually a 
chairman from its own number. Any board so established 
may also act as the board of appeals under the local building 
or planning ordinances or by-laws. 

Any member may be removed for cause by the appointing 
authority upon written charges and after a pubUc hearing. 
Vacancies shall be filled for unexpired terras in the same 
manner as in the case of original appointments. Such 
ordinances or by-laws may provide for the appointment in 
like manner of associate members of the board of appeals; 
and in case of a vacancy, inability to act, or interest on the 
part of a member of said board, his place may be taken by 
an associate member designated by the mayor or selectmen. 



Acts, 1954. — Chap. 368. 249 

Section 15. A board of appeals shall have the following Powers of 
powers: ^'"'"^■ 

1, To hear and decide appeals taken as provided in sec- 
tion thirteen or in an ordinance or by-law authorized under 
said section. 

2, To hear and decide applications for special permits for 
exceptions as provided in section four upon which such 
board is required to pass. 

3, To authorize upon appeal, or upon petition in cases 
where a particular use is sought for which no permit is 
required, with respect to a particular parcel of land or to an 
existing building thereon a variance from the terms of the 
applicable zoning ordinance or by-law where, owing to 
conditions especially affecting such parcel or such building 
but not affecting generally the zoning district in which it is 
located, a literal enforcement of the provisions of the ordi- 
nance or by-law would involve substantial hardship to the 
appellant, and where desirable relief may be granted without 
substantial detriment to the public good and mthout nullify- 
ing or substantially derogating from the intent or purpose 
of such ordinance or by-law, but not otherwise. 

In exercising the powers under paragraph three above, the 
board may impose limitations both of time and of user, 
and a continuation of the use permitted may be conditioned 
upon compliance with regulations to be made and amended 
from time to time thereafter. 

Section 16. Any appeal under section fifteen shall be Time within 
taken within the time prescribed by ordinance or by-law ^ay be ukeL, 
in case the time for appeal is so prescribed, otherwise within regulated. 
a reasonable time provided by rule of the board of appeals, 
by filing with the officer or board from whose order or decision 
the appeal is taken and with the board of appeals a notice of 
appeal specifying the grounds thereof; provided, that, in any 
town whose by-laws so provide, such notice of appeal shall 
be filed with the town clerk, who shall forthwith transmit 
copies thereof to such officer or board and to the members 
of the board of appeals. Such officer or board shall forth- 
with transmit to the board of appeals all documents and 
papers constituting the record of the case in which the appeal 
was taken. 

Section 17. The board of appeals shall fix a reasonable Hearing, 
time for the hearing of any appeal or other matter referred oFappeaia." 
to it or any petition for a variance, and give public notice 
thereof in an official publication, or a newspaper of general 
circulation, in the city or town, and also send notice by mail, 
postage prepaid, to the petitioner and to the owners of all 
property deemed by the board to be affected thereby, as 
they appear on the most recent local tax list, and to the 
planning board of such city or town. At the hearing any 
party whether entitled to notice thereof or not may appear 
in person or by agent or by attorney. 

Section 18. The board of appeals of each city or town Adoption of 
shall adopt rules, not inconsistent with the provisions of the '"'*'• 



250 



Acts, 1954. — Chap. 368. 



Conduct of 
meetings, etc. 



Powers of 
board. 



Reconsidera- 
tion of action 
of board after 
unfavorable 
action, 
limited. 



Appeal to 
superior court 
sitting in 
equity. 



zoning; ordinance or by-law of such city or town, for con- 
ducting its business and otherwise carrying out the pur- 
poses of this chapter. Meetings of the board shall be held 
at the call of the chairman, and also when called in such 
other manner as the board shall determine in its rules. Such 
chairman, or in his absence the acting chairman, may ad- 
minister oaths, summon witnesses and call for the production 
of papers. All hearings of the board shall be open to the 
public. The decision of the board shall be made within a 
reasonable time. The board shall cause to be made a de- 
tailed record of its proceedings, showing the vote of each 
member upon each question, or, if absent or failing to vote, 
indicating such fact, and setting forth clearly the reason or 
reasons for its decisions, and of its other oflicial actions, 
copies of all of which shall be immediately filed in the office 
of the city or town clerk and shall be a pubhc record, and 
notice of decisions shall be mailed forthwith to parties in 
interest as designated in section seventeen, to the planning 
board, and to every person present at the hearing who 
requests that notice be sent to him and states the address 
to which such notice is to be sent. 

Section 19. In exercising the powers granted by section 
fifteen, a board of appeals may, in conformity with the 
provisions of this chapter, reverse or affirm in whole or in 
part, or may modify, any order or decision, and may make 
such order or decision as ought to be made, and to that end 
shall have all the powers of the officer from whom the appeal 
is taken and may issue or direct the issue of a permit. 

The concurring vote of all the members of a board of 
appeals shall be necessary to reverse any order or decision 
of any administrative official under this chapter, or to decide 
in favor of the applicant on any matter upon which it is 
required to pass under any zoning ordinance or bj'^-law, or 
to effect any variance in the application of any such ordinance 
or by-law. 

Section 20. After acceptance of this section or cor- 
responding provisions of earlier laws as provided in section 
four of chapter four, no appeal or petition under paragraph 
three of section fifteen for a variance from the terms of 
such an ordinance or by-law with respect to a particular 
parcel of land or the building thereon, and no application 
under paragraph two of section fifteen for a special exception 
to the terms of any such ordinance or by-law, which has 
been unfavorably acted upon by the board of appeals shall 
be considered on its merits by said board within two years 
after the date of such unfavorable action except with the 
consent of all of the members of the planning board, or of 
the board of selectmen in a town having no planning board. 

Section 21. Any person aggrieved by a decision of a 
board of appeals, whether or not previously a party to the 
proceeding, or any municipal officer or board, may appeal 
to the superior court sitting in equity for the county in 
which the land concerned is situated; provided, that such 



Acts, 1954. — Chap. 369. 251 

appeal is filed in said court within fifteen days after such 
decision is recorded. The court shall hear all pertinent 
evidence and determine the facts, and, upon the facts as so 
determined, annul such decision if found to exceed the 
authority of such board, or make such other decree as justice 
and equity may require. The foregoing remedy shall be 
exclusive, but the parties shall have all rights of appeal and 
exception as in other equity cases. 

Costs shall not be allowed against the board unless it 
shall appear to the court that the board in making the 
decision appealed from acted with gross negligence, in bad 
faith or with malice. 

Costs shall not be allowed against the party appealing 
from the decision of the board unless it shall appear to the 
court that said appellant or appellants acted in bad faith 
or with malice in making the appeal to the court. 

All issues in any proceeding under this section shall have 
precedence over all other civil actions and proceedings. 

Section 22. The superior court shall have jurisdiction in jurisdiction 
equity to enforce the provisions of this chapter, and any coun?^""'^ 
ordinances or by-laws adopted thereunder, and may restrain 
by injunction violations thereof. 

If the attorney general questions the vahdity of any 
ordinance or by-law adopted by a city or town under this 
chapter, he shall bring an information in his own name as 
such officer in the superior court sitting in equity for the 
county in which such city or town is situated for a declara- 
tory decree to determine the validity of such ordinance or 
by-law. 

Section 3. The provisions of chapter forty A of the validity of 
General Laws, so far as they are the same as those of sec- no't*^to"be''*^ 
tions twenty-five to thirty B, inclusive, of chapter forty of affected. 
the General Laws, shall be construed as continuations of 
said provisions, and the enactment of this statute shall not 
affect the validity of any action lawfully taken under said 
provisions prior to the effective date of this act. 

Approved May S, 1954- 

An Act empowering the boston traffic commission to fhQjy Qgg 

PROVIDE BY RULE OR REGULATION FOR THE REMOVAL OF ' ^' 
VEHICLES PARKED OR STANDING IN VIOLATION OF LAW ON 
PUBLIC WAYS IN THE DOWNTOWN AREA OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 263 of the acts of 1929 
is hereby amended by inserting after the third sentence, as 
appearing in section 1 of chapter 78 of the acts of 1950, the 
following: — By any rule or regulation adopted under this 
section, the commission may authorize, with such limitations, 
if any, as the commission may think proper, the police com- 
missioner of the city, or such sergeants or officers of higher 
rank in the poHce department of the city as he may from 



252 Acts, 1954. — Chap. 369. 

time to time designate, to remove to some convenient place, 
through the agency of a person or persons in the employ 
of the pohce department of the city, but not by an inde- 
pendent contractor, anj'' vehicle, except a vehicle owned 
by the commonwealth or a political subdivision thereof or 
by the United States or an instrumentality thereof or regis- 
tered by a member of a foreign diplomatic corps or by a 
foreign consular officer who is not a citizen of the United 
States and bearing a distinctive number plate or otherwise 
conspicuously marked as so owned or registered, and except 
also a vehicle owned by a disabled veteran and bearing a 
distinctive number plate authorized by section two of chapter 
ninety of the General Laws parked or standing on any part 
of any such street, way, highway, road or parkway in the 
downtown area of the city, as defined in section twenty A 
of chapter ninety of the General Laws, in violation of any 
rule or regulation adopted under this section which prohibits 
the parking or standing of all vehicles on such part at such 
time and recites that whoever violates it shall be Hable to 
charge for the removal and storage of the vehicle as well as 
subject to punishment by fine, and ma}'' impose liability 
for the reasonable cost of such removal, and of the storage 
charges, if any, resulting therefrom, upon the owner of such 
vehicle; provided, however, that the liability so imposed 
shall not exceed five dollars for removal or six and one 
quarter cents for each hour, or part thereof, of storage, 
and that neither such removal nor such storage shall be 
deemed to be services rendered or work performed by the 
city or any department thereof within the meaning of chapter 
two hundred and twenty-two of the acts of nineteen hundred 
and forty-nine; and provided, further, that the city of 
Boston shall be Uable to the owner of such vehicle for any 
damage caused to it arising out of negligence in the course 
of such removal and storage. No rule or regulation reciting 
that whoever violates it shall be liable to charge for the 
removal and storage of the vehicle as well as subject to 
punishment by fine shall be valid unless, in a writing filed 
with the secretary of the commission at the time of the 
adoption of such rule or regulation, every member of the 
commission voting for the adoption thereof certifies that 
after taking into account the public safety and convenience, 
the reasonably free circulation of vehicular traffic and the 
need for providing in the streets, ways, highways, roads 
and parkways in the downtown area of the city the maximum 
number of parking spaces at all times, he is of opinion that 
such mle or regulation is required by urgent public necessity. 
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 3, 1954. 



Acts, 1954. — Chaps. 370, 371, 372, 373. 253 



An Act relative to the corporate powers of the water- Qfiav, Z70 

TOWN firefighters RELIEF ASSOCIATION, INC. 

Be it enacted, etc., as follows: 

Watertown Firefighters Relief Association, Inc., a corpo- 
ration duly established under the laws of the commonwealth 
is hereby authorized, upon the retirement of any member in 
good standing, to pay to such member such sum, not ex- 
ceeding five hundred dollars, as may be determined by vote 
of said corporation. Approved May 3, 1954. 

An Act making joseph s. wirzbicki eligible for appoint- nhnnj 371 
ment to the reserve police force of the town of ^' 
luulow. 

Be it enacted, etc., as follows: 

Section 1. The name of Joseph S. Wirzbicki, a disabled 
veteran who passed the mental examination for police en- 
trance service, shall be placed upon the eligible list for ap- 
pointment to the reserve police force of the town of Ludlow 
for the remainder of the period of eligibility of the list for 
which he was examined, notwithstanding his failure to pass 
the strength test for such pc»sition, provided he meets all 
other standards of the division of civil service for such 
pobition. 

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

Approved May 4, 1954- 

An Act providing for the regulation of weights of nfiQj) 370 

VEHICLES ON NANTUCKET ISLAND. ^' 

Be it enacted, etc., as follows: 

Section 1. Subject to the provisions of section two of 
chapter eighty-five of the General Laws, but notwithstand- 
ing any provision of general law relative to the weight of 
vehicles on public ways, the board of selectmen of the town 
of Nantucket are hereby authorized to make regulations 
governing the weights of vehicles on ways within their con- 
trol and to fix penalties for the violation thereof, not to ex- 
ceed twenty dollars for each ofience. Such regulations shall 
not take effect until they have been pubhshed at least once 
in a newspaper published in said town. 

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

Approved May 4y 1954. 

An Act relative to the time for filing applications Chap. S7S 

FOR abatement OF EXCISE TAX ON MOTOR VEHICLES. 

Whereas, The deferred operation of this act would tend p^ambie!^ 
to defeat its purpose which is to make its provisions relative 
to the time for filing applications for abatement of excise 
tax on motor vehicles effective forthwith, therefore it is 



254 Acts, 1954. — Chap. 374. 

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

Be it enacted, etc., as follows: 

Ed^'60A'"§2 Section 1. Section 2 of chapter 60A of the General 
etc!, 'amended.' Laws is hereby amended by striking out the eighth sentence, 
as amended by section 39 of chapter 654 of the acts of 1953, 
Time for filing and inserting in place thereof the following sentence: — The 
abatemen"o£°'^ owncr may if the notice of assessment is issued before Jan- 
estabiished*^^' uary first of the succeeding year within six months of the 
date of issuing the notice of assessment or of the date of sale 
or transfer, but not later than January thirty-first of the 
succeeding year, and if the notice of assessment is issued on 
or after January first of the succeeding year, within thirty 
days after the date of issuing the notice of assessment, apply 
for an abatement to the board of assessors or the state tax 
commission, as the case may be, and, from a decision of the 
board of assessors upon such application, an appeal may be 
taken to the county commissioners or to the appellate tax 
board, all in accordance with section sixty-four or sixty-five 
of chapter fifty-nine, or from a decision of the commission 
an appeal may be taken to the appellate tax board in the 
time and manner provided in the case of appeals taken pur- 
suant to section seventy-one of chapter sixty-three. 
Proviso. Section 2. Any owner receiving notice of assessment of 

a motor vehicle excise tax after December thirty-first, nine- 
teen hundred and fifty-three, on account of the year nine- 
teen hundred and fifty-three, may make application for 
abatement within sixty days after the efl'ective date of this 
act, any other provision of law to the contrary notwith- 
standing. Approved May 4, 1934. 

Chap.374 An Act authorizing the city of north adams to con- 
tract WITH THE TOWN OF CLARKSBURG FOR THE RECEP- 
TION AND DISPOSAL OF SEWAGE THEREFROM. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 668 of the acts of 1951 
is hereby amended by striking out all after the word " town", 
the first time it appears in line 14, and inserting in place 
thereof the following sentence : — The city of North Adams 
is hereby authorized to contract with the town of Clarksburg 
for the reception and disposal of sewage for said town 
through domestic sewers entering the sewage treatment plant 
of the city of North Adams upon such terms and conditions 
as the city of North Adams through its city council shall by 
ordinance establish. 

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

Approved May 4, 1954. 



Acts, 1954. — Chaps. 375, 376. 255 



An Act relative to payments by the city of pittsfteld Chap.S75 

TO THE TOWN OF WASHINGTON IN LIEU OF TAXES ON CER- 
TAIN PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section six 
of chapter fifty-nine of the General Laws or of any law to 
the contrary, in the year nineteen hundred and fifty-five and 
annually thereafter, the city of Pittsfield shall pay, on July 
first of each year to the town of Washington in lieu of taxes 
on certain property held for municipal purposes by the city 
of Pittsfield in the town of Washington, an amount to be 
determined annually by the commissioner of corporations 
and taxation. The commissioner shall certify the amount 
so determined to the assessors of Washington and the mayor 
of Pittsfield on or before March fifteen of each year. The 
assessors of Washington or the mayor of Pittsfield, if ag- 
grieved by the determination of the commissioner, may, on 
or before April first, appeal to the state tax commission 
whose decision shall be final. 

Section 2. In the year nineteen hundred and fifty-four, 
in the manner set forth in section one, the commissioner 
shall make such determination on or before May fifteen; 
and the city of Pittsfield shall pay to the town of Washing- 
ton such amount on July first of nineteen hundred and 
fifty-four. The assessors of Washington or the mayor of 
Pittsfield, if aggrieved by the determination of the commis- 
sioner, may, on or before June first, nineteen hundred and 
fifty-four, appeal to the state tax commission whose de- 
cision shall be final. 

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

Approved May 4, 1954. 

An Act relative to emergency appointments in the Chap.S76 

CLASSIFIED civil SERVICE. 

Whereas, The deferred operation of this act would tend p™ambie?^ 
to defeat its purpose, which is to make possible forthwith 
emergency appointments under the civil service laws with- 
out requisition, 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 15 of chapter 31 of the General Laws is hereby g. l. (Ter. 
amended by striking out the fifth paragraph, as appearing ^tc-^Vmeided*. 
in chapter 103 of the acts of 1946, and inserting in place 
thereof the following paragraph : — 

In case of an emergency except as otherwise provided in Emergency 
this paragraph which could not have been foreseen and appomtments 
where the public business would be seriously impeded by classified 
delay in filling any position in the manner provided by law, regulated.''^' 
an appointing authority may make an emergency appoint- 



256 Acts, 1954. — Chap. 376. 

ment without requisition; but in no case, except as other- 
wise provided in this paragraph, shall such emergency ap- 
pointment continue for more than thirty days within the 
sixty consecutive days next following, and in every such 
case he shall forthwith report the same to the director, 
stating the reason therefor, in such form and detail as the 
director may prescribe, and the time, not exceeding thirty 
days within the sixty consecutive days next following, for 
which such employment is to last. No such emergency 
appointment shall be renewed except with the consent of 
the director or be renewed more than once, except that in 
departments, institutions or hospitals the functions of 
which are connected A\dth the pubHc safety or public health 
where the public service would otherwise suffer, the director 
may renew such emergency appointment for one additional 
period; but no peison shall receive more than one such 
appointment and renewal or renewals, as the case may be, 
in any twelve-month period. In case of an emergency in 
the position of laborer, which could not have been foreseen 
and where the public business would be seriously impeded 
by delay in filling the position in the manner provided by 
law, an appointing authority may make an emergency ap- 
pointment without requisition; but in no case shall such 
emergency appointment continue for more than thirty days 
within the sixty consecutive days next following, except 
that the appointing authority may renew the emergency 
appointment for one additional period, as provided in this 
paragraph or, at his discretion, renew the emergency ap- 
pointment immediately for a period not to exceed an addi- 
tional fifteen daj'^s, in which event no further emergency 
appointment under this section may be given such laborer 
within the twelve-month period from the date that the 
thirty-day emergency appointment began; and in every 
such case the appointing authority shall forthwith report 
the same to the director, stating the reason therefor, in such 
form and detail as the director may prescribe, and the time, 
not exceeding thirty days within the sixty consecutive days 
next following, or the additional fifteen days provided for 
in this section, for which such emplo.yment is to last. If the 
person given such an emergency appointment as a laborer 
has had prior emergency employment under another title 
in the classified civil service within the twelve consecutive 
months next following the date of his first emj)loyment 
under the emergency appointment, the total emergency 
employment in any position, including that of laborer, shall 
not exceed a total of sixty days in any twelve-m^onth period. 
Vacancies of which an appointing authority has had, or 
might with due diligence have, reasonable knowledge shall 
not be considered an emergency under this section. 

Approved May 4, 1954- 



Acts, 1954. — Chaps. 377, 378, 379. 257 

An Act authorizing the town of oakham to convf:y (jfidj) 377 

CERTAIN PREMISES TO THE EVANGELICAL CONGREGATIONAL 
church OF OAKHAM. 

Be it enacted, etc., as follows: 

The town of Oakham is hereby authorized to convey to 
the Evangehcal Congregational Church of Oakham a cer- 
tain parcel of land situate in said town and bounded and 
described as follows: — Starting at a point at the inter- 
section of Ware Corner road, Coldbrook road and Maple 
street, thence running in a northeasterly direction a distance 
of 78.8 feet, thence turning and running in a southeasterly 
direction a distance of 172 feet :^, thence turning and 
running in a southwesterly direction a distance of 75.0 feet, 
thence turning and running in a northwesterly direction a 
distance of 180 feet + to point of beginning, said land being 
shown on Plan of Land to be acquired by the Evangelical 
Congregational Church of Oakham, Mass., drawn by R. H. 
Lonergan, C.E., dated February, 1954. Said town is hereby 
authorized to convey to said church all its right, title and 
interest in any portion of the building now standing on said 
premises. Approved May 4, 195 If. 

An Act relative to the corporate powers of the malden (Jjidj) 373 

POLICE RELIEF ASSOCIATION. 

Be it enacted, etc., as folloivs: 

Upon the death of any pensioned ofhcer of the police 
department of the city of Maiden, who is a member of The 
Maiden Police Relief Association, and who is entitled to 
receive benefits under the constitution and by-laws of said 
corporation, the amount of mortuary benefit to which he 
was entitled at the time of his retirement as an active mem- 
ber of said police department shall be paid to such person 
as the deceased member may have designated in writing 
and which is on file in the secretary's records; provided, 
however, that the person so designated shall be the wife, 
betrothed, child by legal adoption, parent by legal adoption, 
blood relative of, or a person dependent upon, such deceased 
member. In the event that the named beneficiary has died, 
or is illegally designated, then the benefit shall be paid to 
the wife, children, mother, father, brother, sister or next of 
kin in the order named. Approved May 4, 1954- 

An Act authorizing and directing the department of Qjmj) 379 

PUBLIC works to make CERTAIN IMPROVEMENTS IN THE 
SAUGUS RIVER IN THE TOWNS OF WAKEFIELD, LYNNFIELD 
AND SAUGUS. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized and 
directed to dredge and straighten the channel of the Saugus 



258 Acts, 1954. — Chaps. 380, 381. 

river and to make such other improvements as may be 
necessary to provide for the unobstructed passage of the 
waters thereof. Said work shall begin at a point approxi- 
mately three hundred feet upstream from Salem street and 
extend downstream to a point approximately five hundred 
feet downstn am from the Lynnfield-Saugus town line; 
provided, that the towns of Wakefield and Lynnfield shall 
enter into an agreement with the department of public 
works in accordance with the provisions of chapter five 
hundred and thirteen of the acts of nineteen hundred and 
thirty-nine and section twenty-nine of chapter ninety-one 
of the General laws to assume liability' for damages in 
connection with this project. For said purposes said depart- 
ment may expend such sums as may be appropriated therefor. 

Approved May 4, 1954. 

ChaV.380 ^^ ^^"^ authorizing the county commissioners of BRISTOL 
COUNTY TO PAY A CERTAIN SUM OF MONEY TO OLIVE NERNEY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the county commissioners of the county of 
Bristol are hereby authorized to appropriate and pay to 
Ohve Nerney, of Attleboro, the sum of twelve hundred and 
fifty-two dollars and sixty-five cents, to compensate her 
for counsel fees incurred by her in defending a civil suit for 
one hundred thousand dollars brouglit against her and 
others in the United States District Court for the Massa- 
chusetts District by one Anna C. Dunn to collect damages 
for the acts of said Olive Nerney while in the performance 
of her duties as chief probation officer of the fourth district 
court of Bristol. 

Section 2. This act shall take effect upon its acceptance 
by the county commissioners of Bristol county, but not 
otherwise. Approved May 4, 1954. 

Chap 381 -^^ ^^'^ RELATIVE TO THE REFERENCE TO THE VOTERS IN THE 
TOWN OF LEXINGTON OF CERTAIN VOTES OF REPRESENTA- 
TIVE TOWN MEETINGS THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 215 of the acts of 1929 is hereby 
amended by striking out section 8 and inserting in place 
thereof the following section: — Section 8. A vote passed 
at any representative town meeting authorizing the ex- 
penditure of twenty thousand dollars or more as a special 
appropriation, or establishing a new^ board or office or 
abolishing an old board or office or merging two or more 
boards or offices, or fixing the term of office of town officers, 
where such term is optional, or increasing or reducing the 
number of members of a board, or adopting a new by-law, 
or amending an existing by-law, shall not be operative until 



Acts, 1954. — Chap. 382. 259 

after the expiration of five days, exclusive of Sundays and 
holidays, from the dissolution of the meeting. If, within 
said five days, a petition signed by not less than 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 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, then the operation of such vote shall be 
further suspended pending its determination as hereinafter 
provided, 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 sub- 
mitted 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 oflticers. 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 repre- 
sentative town meeting shall be reversed unless at least 
twenty per cent of the registered voters shall vote to reverse 
the 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 
(brief description of the substance of the vote)?" If such 
petition is not filed within the said period of five days, the 
vote of the representative town meeting shall become 
operative upon the expiration of the said period. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at the next annual town meeting 
in the form of the following question which shall be placed 
upon the official ballot to be used for the election of town 
officials at said meeting: — "Shall an act passed by the 
general court in the year nineteen hundred and fifty-four 
entitled ' An Act relative to the reference to the voters in the 
town of Lexington of certain votes of representative town 
meetings therein', be accepted?" If a majority of the votes 
in answer to said question is in the aflfirmative, then this act 
shall thereupon take full effect, but not otherwise. 

Approved May 4, 1954. 

An Act establishing in the town of athol represent- Chap, 382 

ATIVE TOWN government BY LIMITED TOWN MEETINGS. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Athol as hereinafter provided, the selectmen and the regis- 
trars of voters, acting jointly and hereinafter referred to as 
the districting board, shall forthwith divide the territory 
thereof into not less than six nor more than ten voting pre- 
cincts, each of which shall be plainly designated. The pre- 



260 Acts, 1954. — Chap. 382. 

cincts shall be so established as to consist of compact and 
contiguous territory to be bounded as far as possible by the 
center line of known streets and waj^s or by other well- 
defined limits. The boundaries shall be reviewed, and, if 
need be, wholly or partly revised by the districting board in 
May once in five years, or in May of any year when so di- 
rected by a vote of a representative town meeting held not 
later than April twentieth of that year. The districting 
board shall, within ten days after any establishment or 
revision of the precincts, file a report of their doings with 
the town clerk, the registrars of voters and the assessors, 
with a map or maps and a description of the precincts. The 
districting board shall also cause to be posted in a suitable 
place in each precinct a map or maps or description of the 
precincts as estabUshed or revised from time to time, or 
cause the same to be published in a newspaper published or 
circulated in the town. The division of the town into voting 
precincts and any revision of such precincts shall take effect 
upon the date of the filing of the report thereof by the dis- 
tricting board with the town clerk. Whenever the pre- 
cincts are established or revised, the town clerk shall forth- 
with give 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 or 
primaries and for voting on any question to be submitted 
to all the registered voters of the town shall be held simul- 
taneously and at such place or places within the town as the 
selectmen shall in the warrant for such meeting direct. The 
provisions of the General Laws relating to precinct voting 
at elections, so far as the same are not inconsistent with this 
act, shall apply to all elections and primaries in the town 
upon the estabUshment of voting precincts as herein pro- 
vided. 

Section 2. Other than the officers who may be desig- 
nated in the by-laws of the town 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 one hun- 
dred and eighty. 

The registered voters in every precinct shall, at the first 
annual town election held after the establishment of such 
precinct, and the registered voters of any precinct affected 
by any revision of precincts shall, at the first annual town 
election following such revision, conformable 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 the by-laws as town meeting 
members at large, provided for in this section, to be town 
meeting members. The first third, in the order of votes re- 
ceived, of members so elected shall serve three years, the 
second third in such order shall serve two years, and the 



Acts, 1954. — Chap. 382. 261 

remaining third in such order shall serve one year, from the 
date of the annual town election; and thereafter, except as 
is otherwise provided herein, at each annual town election 
the registered voters of each precinct shall, in hke manner 
elect for the term of three years, one third of the number of 
elected town meeting members to which such precinct is en- 
titled, and shall at such election fill for the unexpired term 
or terms any vacancy or vacancies then existing in the num- 
ber of elected town meeting members in such precinct. Any 
tie vote shall be resolved by the duly elected members of 
the precinct in the manner provided in section four for the 
filling of vacancies. 

The terms of office of all elected town meeting members 
from every precinct revised as aforesaid shall cease upon the 
election as hereinbefore provided of their successors. The 
town clerk shall, after every election of town meeting mem- 
bers, forthwith notify each such member by mail of his 
election. 

Section 3. Nomination of candidates for town meeting 
members to be elected under this act shall be from the 
registered voters of the precinct. Nomination papers shall 
bear no political designation, shall be signed by not less than 
ten registered voters of the precinct in which the candidate 
resides, and shall be filed with the town clerk not later than 
the last day that nomination papers of candidates for other 
town offices must be filed. Any incumbent town meeting 
member may become a candidate for re-election by giving 
written notice thereof to the town clerk not later than four- 
teen days prior to the last day and hour for filing nomina- 
tion papers. No nomination paper shall be valid in respect 
to any candidate unless his written acceptance is endorsed 
thereon or attached thereto when filed. 

Section 4. A town meeting member may resign by filing 
a written resignation with the town clerk, and such resigna- 
tion shall take effect on the date of such filing. A town 
meeting member who removes from the town shall cease to 
be a town meeting member, and a town meeting member 
who removes from the precinct from which he was elected 
to another precinct may serve only until the next annual 
election. Notice of any vacancy in the full number of town 
meeting members from any precinct shall be given at once 
by the town clerk to the remaining members from that pre- 
cinct and he shall call a special meeting of the remaining 
members not less than five nor more than fourteen days 
later, at a time and at a place within the town to be desig- 
nated by him, for the purpose of filling such vacancy until 
the next annual town election. At said special meeting a 
majority of said remaining members from the precinct shall 
constitute a quorum. The choice to fill any vacancy shall 
be by ballot, and a plurality of the votes cast shall be re- 
quired for a choice. The town clerk shall count the ballots, 
make a certificate of the choice, and notify the person so 
chosen, and upon receipt by the town clerk of a written ac- 



262 Acts, 1954. — Chap. 382. 

ceptance by the person so chosen, that person shall be 
deemed elected and qualified as a town meeting member, 
subject to the right of all the town meeting members to judge 
of the election and qualifications of members, as provided in 
section five. 

Section 5. The town clerk shall notify the town meet- 
ing members of the time and place at which town meetings 
are to be held, the notices to be sent by mail at least seven 
days before the meeting. The town meeting members shall 
be the judges of the election and qualifications as set forth 
in this act of their members. A majority of the town meet- 
ing members shall constitute a quorum for doing business, 
but a less number may organize temporarily and may ad- 
journ from time to time. All town meetings shall be public. 
Town meeting members as such shall receive no compensa- 
tion. Subject to such conditions as may be determined from 
time to time by the members of the representative town 
meeting, any registered voter of the town, although not a 
town meeting member, shall have the right to speak at least 
once on any matter coming before any town meeting, but only 
elected town meeting members shall vote on such matters. 

Section 6. It shall be the duty of the chairman of each 
board or committee of the town, elected or appointed, and 
the head of each department to attend throughout that part 
of each town meeting at which matters other than those to 
be acted upon and determined by ballot are to be considered. 

Section 7. The articles in the warrant for every town 
meeting, so far as they relate to the election of town officers 
and town meeting members, and, as herein provided, to 
referenda, and all matters to be acted upon and determined 
by ballot shall be so acted upon and determined by the 
registered voters of the town in their respective precincts. 
All other articles in the warrant for any town meeting, be- 
ginning with the town meeting at which said town meeting 
members are first elected, shall be acted upon and deter- 
mined exclusively by town meeting members at a meeting 
to be held at such time and place as shall be set forth by the 
selectmen in the warrant for the meeting, subject to the ref- 
erendum provided for by section eight. 

Section 8. No vote, except a vote to adjourn or author- 
izing the borrowing of money in anticipation of the receipt 
of taxes for the current year, passed at any representative 
town meeting shall be operative until the expiration of five 
days, exclusive of Sundays and holidays, from the dissolu- 
tion of the meeting. If within said five days a petition, 
signed by not less than three hundred registered voters in 
the town, containing their names and addresses as they ap- 
pear on the list of registered voters, is filed with the select- 
men, asking that the question or questions involved in such 
vote be submitted to the registered voters of the town at 
large, then the selectmen, after the expiration of five days, 
shall forthwith call a special meeting for the sole purpose of 
presenting to the registered voters at large the question or 



Acts, 1954. — Chap. 382. 263 

questions so involved. The polls shall be opened at twelve 
o'clock noon and shall be closed at eight o'clock in the eve- 
ning, and all votes upon any question so submitted shall be 
taken by ballot and the check list used in the several pre- 
cinct meetings in the same manner as in the election of town 
officers. The questions so submitted shall be determined by 
vote of the same proportion of voters at large voting thereon 
as would have been required by law of the town meeting 
members, had the question been finally determined at a 
representative town meeting. The questions so submitted 
shall be stated upon the ballot in substantially the same 
language and form in which they were stated when pre- 
sented to the representative town meeting by the moderator 
and as appears from the records of said meeting. If such a 
petition is not filed within said period of five days, the vote 
of the representative town meeting shall become operative 
and effective at the expiration of said period. 

Section 9. The town of Athol, after acceptance of this 
act, shall have the capacity to act through and to be bound 
by its said town meeting members who shall,when convened 
from time to time, as herein provided, constitute represent- 
ative town meetings; and the representative town meetings 
shall exercise exclusively, so far as will conform to the pro- 
visions of this act, all powers vested in the municipal cor- 
poration. 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 representative 
town meeting in accordance with the provisions of this act, 
have the same force and effect as if such action had been 
taken in a town meeting, open to all the voters of the town 
as heretofore organized and conducted. 

Section 10. This act shall be submitted to the regis- 
tered voters of the town of Athol at the biennial state elec- 
tion in the year nineteen hundred and fifty-four. 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 
ballot to be used in said town for the election of state officers: 
— "Shall an act passed by the General Court in the year 
nineteen hundred and fifty-four, entitled 'An Act establish- 
ing in the town of Athol representative town government by 
limited town meetings', be accepted by this town?" The 
provisions of this act shall take effect upon its acceptance by 
a majority of the voters voting on the question. 

Section 11. If this act is not accepted by the registered 
voters of the town of Athol when submitted to said voters 
under section ten, it shall again be submitted for acceptance 
in like manner from time to time to such voters at any an- 
nual town election in said town within five years thereafter, 
upon a petition signed by at least ten registered voters of 
the town. Approved May 4, 1954. 



264 Acts, 1954. — Chaps. 383, 384. 

Chap.SSS ^^ ^^^ PROVIDING FOR THE DEVELOPMENT, IMPROVEMENT 
AND MAINTENANCE OF A CERTAIN RECREATIONAL AREA 
ADJACENT TO THE SOLDIERS' HOME IN MASSACHUSETTS. 

Be it enacted, etc., as follows: 

The trustees of the Soldiers' Home in Massachusetts are 
hereby authorized to develop, improve and maintain for 
recreational or park purposes that certain tract of land 
adjoining the westerly end of said Home at the junction of 
Summit avenue and Lafayette avenue in the city of Chelsea 
and containing approximately three acres. Said tract of 
land was conveyed by the city of Chelsea to the common- 
wealth with the proviso that the commonwealth maintain a 
park thereon until such time as it was needed for the ex- 
pansion of said Home, and was formerly known as Malone 
park. For the purposes of this act the said trustees may 
expend such sums as may be appropriated therefor. 

Approved May 4, 1954. 

ChaV. S84i ^^ ^^'^ authorizing the city of MALDEN to ESTABLISH 

A PUBLIC works COMMISSION. 

Be it enacted, etc., as follows. • 

Section 1. The mayor and board of aldermen of the 
city of Maiden shall within sixty days after the acceptance 
of this act, as provided in section seven, appoint three per- 
sons to be members of the public works commission, whose 
terms of office shall expire on March first, nineteen hundred 
and fifty-six, March first, nineteen hundred and fifty-seven 
and March first, nineteen hundred and fifty-eight, respec- 
tively, and shall thereafter before March first in each year 
appoint one person to serve for three years as a member of 
said commission. The members of said commission shall 
hold office until their successors shall be chosen and qualified. 
Vacancies may be filled by the mayor and aldermen at any 
time, and removals may be made by them for cause. The 
persons so appointed shall constitute the public works com- 
mission of the city of Maiden, and they shall receive such 
compensation as the city council shall determine. 

Section 2. All the powers, duties, facihties, properties 
and appropriations now or from time to time vested by law 
or ordinances of the city in the street and water commission, 
park commission, board of survey, city forester and city 
engineer of the said city shall vest in and be exercised and 
performed by the public works commission after the ap- 
pointment and qualification of its members. The commis- 
sion shall have the powers of the board of aldermen under 
and subject to the provisions of chapter forty, section four- 
teen, of the General Laws to purchase or take by eminent 
domain under chapter seventy-nine of the General Laws 
any land, easement or right therein for the purpose of carry- 
ing out any of its powers or duties. Upon the appointment 



Acts, 1954. — Chap. 385. 265 

and qualification of the public works commission as afore- 
said, the street and water commission, the park commission, 
the board of survey, the office of the city forester and the 
city engineer shall thereupon be abolished. 

Section 3. There shall be witliin the department of 
pubhc works, but subject to the control of the commission, 
a division of highways, a division of water works, a division 
of engineering and a division of forestry and parks. Each 
such division shall assume such management and control as 
shall be determined by the commission. 

Section 4. The superintendent of public works shall be 
appointed in accordance with the civil service laws of the 
commonwealth. The commission shall fix the salary of the 
superintendent. The superintendent shall have full au- 
thority to carry out the policies of the commission. 

Section 5. All persons now employed in the street and 
water department, park department, engineering depart- 
ment, water department and the department of the city 
forester shall, upon the effective date of this act, be trans- 
ferred to the department of pubhc works. All such transfers 
of employees shall be made without loss of pay and without 
change of rating, seniority, retirement or pension rights, or 
any other privileges under any provision of law or ordinance. 

Section 6. Any provision of a statute or ordinance of 
the city of Maiden which is inconsistent with this chapter is 
hereby repealed. 

Section 7. This act shall be submitted to the voters of 
the city of Maiden at the biennial state election to be held 
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 authorizing the 
city of Maiden to establish a public works commission be 
accepted?" If a majority of said voters answer in the 
affirmative this act shall take full effect, but not otherwise. 

Approved May 4., IGoIf.. 

An Act providing for the appointment of an additional Chav.SSd 

master in chancery in the county of HAMPDEN. 

Be it enacted, etc., as follows: 

Section 1. Section 53 of chapter 221 of the General GjL. (Ter. 
Laws, as amended by chapter 151 of the acts of 1939, is ^tciJamiAdld^' 
hereby further amended by inserting after the word "Plym- 
outh", in line 7, the words: — , six in Hampden, — so as to 
read as follows : — Section 53. The governor, with the Additional 
advice and consent of the council, shall, as vacancies occur, master in 
appoint masters in chancery, who may act throughout the Hampden*"" 
commonwealth, so that the number thereof in the several '=°"°*y- 
counties shall be twelve in Suffolk, eleven in Essex, eleven 
in Middlesex, seven in Worcester, six in Norfolk, six in 
Plymouth, six in Hampden, and not more than five in any 
other count3^ They shall be sworn, and shall hold their 
offices for five years. 



266 



Acts, 1954. — Chaps. 386, 387. 



Residence 
requirement. 



Section 2. The additional master in chancery whose 
appointment is authorized by this act shall be a resident of 
the town of Ludlow. Approved May 4, 1954. 



C hap. SS6 An Act providing for the appointment of certain em- 
ployees OF the registry of motor vehicles as weighers 

AND measurers. 



Emergency 
preamble. 



G. L. (Ter. 

Ed.). 41, new 
§ S7A, added. 
Appointment 
of certain 
persons as 
weighers and 
measurers, 
authorized. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide for the immediate 
appointment of employees of the registry of motor vehicles 
as weighers and measurers, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by 
inserting after section 87 thereof the following new section: — 
Section 87 A. The director of standards and necessaries of 
life, upon the written request of the registrar of motor 
vehicles, shall appoint any of those persons described in 
section twenty-nine of chapter ninety as having the powers 
of constables and of police officers, as weighers and measurers 
of motor vehicles and trailers, and of the loads of such 
vehicles and trailers. Before entering upon their duties 
they shall be sworn. Subject to section ninety, they shall 
serve as long as they have the powers of constables and 
police officers or until the registrar shall in writing request 
the director to revoke any such appointment. 

Approved May 5, 1954. 



Chap. 387 An Act relative to the deductions allowed under 

THE income tax LAW TO EXECUTORS OR ADMINISTRATORS 
ACTING AS TRUSTEES. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 62. § 10, 
amended. 



Effective 
date. 



Whereas, The deferred operation of this act would tend 
to 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: 

Section 1. Section 10 of chapter 62 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word ''trustees", in line 42, the follow- 
ing: — , but not executors or administrators even though 
acting as trustees. 

Section 2. This act shall take effect as of January first, 
nineteen hundred and fifty-four, and shall apply to income 
received in the calendar year nineteen hundred and fifty- 
three and thereafter. Approved May 5, 1954. 



Acts, 1954. -- Chap. 388. 267 



An Act to further regulate greenhead fly control QJiqj) qqq 

projects. ^' 

Whereas, The deferred operation of this act would tend prTambiT^ 
to defeat its purpose, which is to make immediately effec- 
tive the provisions thereof relative to providing for the 
reUef of the greenhead hy nuisance, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the pubhc health. 

Be it enacted, etc., as follows: 

Section 1. Chapter 252 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 24, inserted by section 1 of ^tli'amfnded^' 
chapter 391 of the acts of 1948, and inserting in place thereof 
the following section: — Section 2J^. Any city or town along Relief of the 
the seacoast of the commonwealth may, in a city by vote of lu'isancef ^^ 
the city council and in a town by vote of the selectmen, es- provided'. 
tabhsh a greenhead fly control project within its area, and 
any two or more adjoining such cities or towns may, by like 
votes, form a district within their combined areas. The 
city, toAvn or district shall determine the maximum annual 
amount to be expended in carrying out such a project. Such 
city, town or district shall forthwith notify the state recla- 
mation board, hereinafter called the board, of such action. 

The board shall, upon notification to it of the formation 
of such a district, determine the proportionate share of the 
annual cost of such project, as limited by the vote estab- 
lishing the same, which shall be borne by each of the con- 
stituent municipalities, apportioned as hereinafter set forth, 
and shall fort;.h\vith notify the treasurer of each member 
city or town of such determination. 

One third of such cost shall be borne by the several mu- 
nicipalities within a district in proportion to the entire salt 
marsh area contained within their respective boundaries, a 
similar one third based on the foregoing provision shall be 
borne by the commonwealth, subject to appropriation, and 
further subject to the direction and control of the board, and 
the remaining one third of such cost shall be borne by the 
several municipalities within the district in proportion to 
their respective taxable valuations as last established by the 
general court as a basis of apportionment for state and 
county taxes. A city or town establishing such a project 
within its area shall bear the entire cost thereof. 

Each of the municipalities comprising such a district shall 
pay its share of such cost, as so determined, and each city or 
town establishing such a project shall pay its entire cost, 
into the state treasury. Any city, town or district may in 
anv year anticipate its liability for such cost, and may raise, 
appropriate and deposit the amount thereof with the state 
treasurer, and any sums so deposited shall be credited against 
its said liability. 

Subject to appropriation, there shall annually be expended 
from the state treasury, under the direction and control of 



268 Acts, 1954. — Chaps. 389, 390. 

the boaid, and, where necessary or advisable, in advance of 
the payment by any city or town of the amount of its habihty 
under the foregoing paragraph, sums not in the excess of the 
maxima respectively established for said projects, for the 
elimination or control of the greenhead Hy nuisance within 
the area of each, in accordance with such plans and by 
means of such methods of control as may be prepared and 
devised by the board to effect the greatest measure of relief. 
There may also be disbursed for the furtherance of such a 
project any other sums voluntarily deposited with the state 
treasurer iDy any persons, groups or associations for said 
project purposes. 
Effective SECTION 2. This act shall take effect on July first in the 

current year. Approved May 5, 1954. 

Chap.^S9 An Act relative to the application of premiums re- 
ceived ON THE sale of BONDS OR NOTES. 

preambi"*?^ Wkeveas, The deferred operation of this act would tend to 

defeat its purpose, which is to make its provisions relative 
to the application of premiums received on the sale of bonds 
or notes applicable to such premiums received in the current 
year, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the pubhc con- 
venience. 

Be it enacted, etc., as follows: 

Ed^'29'1'52 Section 1. Chapter 29 of the General Laws is hereby 
amended. ' amended by striking out section 52, as appearing in the 

Tercentenary Edition, and inserting in place thereof the fol- 
oiTprt'!^fn°'^ lowing section: — Section 52. Any premium received on the 
premiums. sale of bouds or notes shall be applied without appropriation 

to the payment of the maturities of bonds or notes, 
^fective SECTION 2. This act shall apply to any premiums received 

on or after January first, nineteen hundred and fifty-four. 

Approved May 5, 1954. 

Chap.390 An Act authorizing the city of Worcester to reinstate 

EDWIN C. butcher FOR THE SOLE PURPOSE OF RETIRE- 
MENT. 

Be it enacted, etc., as folloios: 

Section 1. Any provision of law to the contrary not- 
withstanding, the city of Worcester may reinstate Edwin C. 
Butcher as a member of the police department of said city 
for the sole purpose of retirement and in order to correct a 
mistake made at the time of his original retirement. Upon 
such reinstatement the city of Worcester may retire said 
Edwin C. Butcher for disability caused by injuries sus- 
tained or hazards undergone in the actual performance of 
his duties as a member of said police department. Said 
retirement shall be under the provisions of section eighty- 



Acts, 1954. — Chaps. 391, 392, 393. 269 

three A of chapter thirty-two of the General Laws in effect 
in said city on the date of his original retirement. 

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

Approved May 6, 1954. 

An Act requiring employers to file information for fh^.^ qoi 

INCOME TAX PURPOSES AS TO COMPENSATION PAID TO P-OVl 

CERTAIN EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. Section 33 of chapter 62 of the General Laws g. l. (Ter. 
is hereby amended by striking out the first paragraph, as r^tc'^ amended 
amended by section 4 of chapter 45 of the acts of 1943, and 
inserting in place thereof the following paragraph: — Every Annual returns 
employer, being an inhabitant of the commonwealth or tk)n°"?,^^To^' 
doing business therein, shall file annually with the com- employees, 
missioner a return in such form as he shall from time to '"^'i'"''®'^- 
time prescribe, giving the names and addresses of all em- 
ployees residing in the commonwealth to whom said em- 
ployer has paid wages, salary or other compensation on 
the same basis as is required by the federal government for 
income tax purposes during the preceding calendar year, 
and give the amount paid to each. 

Section 2. This act shall take effect on January first, jfte"*'^^ 
nineteen hundred and fifty-five, and slmll relate to payments 
made in the calendar year nineteen hundred and hfty-four 
and thereafter. Approved May 6, 1954. 

An Act authorizing the registrar of motor vehicles C^a». 392 

to issue a LICENSE FOR EACH PLACE OF BUSINESS USED 
BY PERSONS ENGAGED IN THE BUYING, SELLING, OR MANU- 
FACTURING OF SO CALLED RENEWED, REBUILT, OR RE- 
CONSTRUCTED AUTOMOBILE ENGINES OR PARTS. 

Be it enacted, etc., as follows: 

The second paragraph of section 32 A of chapter 90 of Ed^'go'^'' 
the General Laws is hereby amended by striking out the § 32a, etc. 
first sentence, as appearing in chapter 321 of the acts of ^™^° ^ ' 
1949, and inserting in place thereof the following sentence: 
— Notwithstanding any provision of law to the contrary, issuance of 
the registrar shall be the sole authority to issue licenses, ficensesby 
one license for each place of business, to persons engaged registrar, 
in the business of buying, selling or manufacturing so called ^^ °"^^ ' 
renewed, rebuilt or reconstructed automobile engines or 
parts. Approved May 6, 1954. 

An Act providing for the payment of witness fees to C/iap. 393 

OFFICERS of THE DETECTIVE FORCE OF THE STATE DEPART- 
MENT OF PUBLIC SAFETY IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter 262 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 53B, inserted by chapter 235 of the acts f MBfeto., 
of 1952, and inserting in place thereof the following section: — amended. ' 



270 



Acts, 1954. — Chaps. 394, 395. 



Witness fees. 



Section 53B. Any officer of the detective force of the de- 
partment of public safety or of the division of state poHce, 
appointed under section six or nine A of chapter twenty- 
two, on duty at night, or on vacation or furlough, or on a 
day off, who attends as a witness in a civil or criminal case 
pending in a district court or in the superior court shall be 
allowed a witness fee in the amount of three dollars for each 
day's attendance except liis first attendance as arresting 
officer. Approved May 6, 1954. 



Chap. 394 An Act extending the time within which a munici- 
pality MAY GIVE THE DEPARTMENT OF PUBLIC WELFARE 
NOTICE OF AID TO CERTAIN POOR PERSONS HAVING NO 
SETTLEMENT WITHIN THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 18 of chapter 117 of the General Laws, as most 
recently amended by section 9 of chapter 351 of the acts of 
1941, is hereby further amended by striking out the first 
sentence and inserting in place thereof the following sentence: 
— A town may furnish temporary aid to poor persons found 
therein, having no lawful settlements within the common- 
wealth, if the board of public welfare consider it for the public 
interest; and the board of public welfare shall in every case 
give written notice within one month to the department of 
public welfare, which shall examine the case and order such 
aid as it deems expedient. Approved May 6, 1954. 



G. L. (Ter. 
Ed.), 117, 
§ 18, etc., 
amended. 



Aid to poor 
persons in 
certain cases, 
provided. 



C/iap. 395 An Act permitting a married person to convey real 

ESTATE directly TO HIMSELF AND HIS SPOUSE AS TENANTS 
BY THE ENTIRETY. 

Be it enacted, etc., as follows: 

Section 1. Section 7 of chapter 184 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by adding at the end the following sentence: — 
A devise of land to a person and his spouse shall, if the 
instrument creating the devise expressly so states, vest in 
the devisees a tenancy by the entirety. 

Section 2. Said chapter 184 is hereby further amended 
by striking out section 8, as so appearing, and inserting in 
place thereof the following section : — Section 8. Real 
estate, including any interest therein, may be transferred 
by a person to himself jointly with another person in the 
same manner in which it might be transferred by him to 
another person, and a conveyance of real estate by a person 
to himself and his spouse as tenants by the entirety shall, 
when recorded in accordance with the provisions of section 
three of chapter two hundred and nine, create a tenancy by 
the entirety. Approved May 6, 1954- 



G. L. (Ter. 
Ed.), 184, § 
amended. 



Tenancy by 
the entirety, 
how created. 



G. L. (Ter. 
Ed.), 184, § 
amended. 

Same 
Bubject. 



Acts, 1954. — Chaps. 396, 397, 398. 271 



An Act authorizing the chairman of the state housing (7/^^r) 396 

BOARD TO DELEGATE AUTHORITY TO EMPLOYEES. 

Whereas, The deferred operation of this act would tend ^™ambiT^ 
to defeat its purpose, which is to authorize the chairman of 
the state housing board to delegate authority to certain 
employees 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: 

The second paragraph of section 64 of chapter 6 of the o. l. (Ter. 
General Laws, as appearing in section 3 of chapter 260 of ^tl!'amendtd. 
the acts of 1948, is hereby amended by inserting after the 
first sentence the following three sentences: — The chairman Powers of 
may certify, and may designate employees of the housing s^ate'hoSsi'ng 
board to certify, to the existence of any fact the existence board. 
of which may be a condition to the validity of any bond or 
note of any housing authority as defined in section twenty- 
six J of chapter one hundred and twenty-one or of the guar- 
anty of the commonwealth on any such bond or note, and 
may certify, and may designate employees of the housing 
board to certify, that instruments and documents are true 
copies of instruments and documents on file with the hous- 
ing board. The chairman shall file with the secretary of the 
commonwealth a written statement of any such designation 
and notice of revocation thereof. Any person dealing with 
any such housing authority or the housing board shall be 
entitled to rely upon such certifications as conclusive evi- 
dence of the matters therein certified. 

Approved May 10, 1954. 



Chap.S97 



An Act extending the period of existence of the 
development and industrial commission for the city 
of fall river, 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 761 of the acts of 1950 
is hereby amended by striking out, in line 3, the word 
"three" and inserting in place thereof the word: — six. 

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

Approved May 10, 1954. 

An Act permitting certain fraternal benefit socie- C/iax>. 398 

TIES TO contract WITH INSURANCE COMPANIES FOR THE 
PAYMENT OF BENEFITS. 

Be it enacted, etc., as follows: 

Section 46C of chapter 176 of the General Laws, inserted Ed^iye"^' 
by chapter 397 of the acts of 1941, is hereby amended by §46C. eti., 
inserting after the word "to", in line 2, the words: — sec- '"^^'''^^'^^ 
tions forty-five and. Approved May 10, 1964- 



272 Acts, 1954. — Chap. 399. 



Chap.S99 An Act to include the town of Wilmington within 

THE north metropolitan SEWERAGE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The territory comprising the town of Wil- 
mington is hereby added to the north metropolitan sewerage 
district as defined in section one of chapter ninety-two of 
the General Laws. In becoming a part of said district, said 
town shall conform to the requirements of said chapter 
ninety-two, relative to the north metropolitan sewerage sys- 
tem, and shall be subject to said provisions, except as is 
otherwise provided herein. Any authority granted to other 
municipalities by said chapter ninety-two is also vested in 
the town of Wilmington in common with such other mu- 
nicipalities. 

Section 2. The metropolitan district commission, here- 
inafter called the commission, shall provide an outlet for 
the sewage of the town of Wilmington, and, acting on behalf 
of the commonwealth, shall construct a main trunk sewer or 
sewers through the city of Woburn from a point near where 
Woburn street enters the town of Wihnington southerly in 
the Aberjona river valley to a point in or near the metro- 
politan district commission regulating chamber near the 
corner of Washington street and Montvale avenue in the 
southeasterly part of the city of Woburn. The location of 
the main sewer or sewers shall be subject to the approval of 
the department of public health. 

Section 3. In providing for such outlet and in receiving 
sewage from the town of Wilmington, and in any action 
relating thereto, and for the purpose of taking, constructing 
and maintaining such additional main lines of sewers, the 
commission, acting on behalf of the commonwealth, shall 
have and exercise all the authority conferred upon it by 
said chapter ninety-two; and all the provisions of said 
chapter are made applicable to the additional construction, 
maintenance and operation hereby authorized, except as is 
otherwise provided herein. 

Section 4. To meet the expenditures necessary in 
carrying out the provisions of this act, the state treasurer 
shall, from time to time on request of the commission and 
subject to the approval 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 not exceeding one million, six 
hundred thousand dollars, in addition to the amount of 
such bonds heretofore authorized for the construction of the 
north metropolitan sewerage system. Such bonds shall be 
designated on the face: Metropolitan District Sewerage 
Loan, Act of 1954, shall be on the serial payment plan, and 
shall be issued for such maximum term of years not exceed- 
ing thirty years from the date of issue as may be recom- 
mended by the governor in accordance with section 3 of 



Acts, 1954. — Chap. 399. 273 

Article LXII of the Amendments to the Constitution of the 
commonwealth, and shall bear interest at such rate as shall 
be fixed by the state treasurer, with the approval of the 
governor. 

Section 5. The interest and serial bond requirements 
on account of the moneys expended in constructmg that 
part of the north metropolitan sewerage system provided 
for under this act, and the cost of maintenance and operation 
thereof and such other expenses as may be authorized here- 
under, shall be deemed to be, and shall be paid as, a part of 
the interest, sinking fund or serial bond requirements and 
costs specified in chapter four hundred and thirty-nine of 
the acts of eighteen hundred and eighty-nine and acts in 
amendment thereof and in addition thereto and affecting the 
same, and shall be apportioned, assessed and collected in 
the maimer provided by the provisions of said chapter 
ninety-two, relative to such system, except as is hereinafter 
provided. 

Section 6. The town of Wilmington shall, in addition 
to the yearly payment of the assessment so provided for in 
section five, pay into the treasury of the commonwealth for 
the Metropolitan Sewerage Loan — North System, Serial 
Bond Redemption account, to be used for reduction of cur- 
rent assessments, such proportion of the total amount of 
the sinking fund for the district, as existing on the first day 
of April in the year of its admission to the north metropolitan 
sewerage district, and of all sinking fund bonds and serial 
bonds paid prior to said date, as the valuation of the said 
town for the said year shall bear to the total amount of the 
valuation of said district, as determined for the purposes of 
apportionment of assessments. Such proportion shall be 
determined by the commission and shall be certified by the 
commission to the state treasurer. The state treasurer shall 
determine the total amount so to be paid by said town on 
account of its admission to said district, and for the pay- 
ment thereof shall add one tenth of said total amount to 
the yearly sum payable by said town on account of its share 
of the interest, sinking fund and serial bond requirements 
of said district in each of ten years next succeeding. No 
assessment on account of the cost of maintenance and opera- 
tion of the aforesaid district shall be made upon said town 
until the commission shall have certified to said town that 
the work herein provided for has been so far completed as to 
furnish an outlet to receive sewage from said town. 

Section 7. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of the town of Wilming- 
ton present and voting thereon at a meeting legally called 
for the purpose; provided, however, that for the purposes 
of section six admission to the north metropolitan sewerage 
district shall be construed to mean the date of certification 
by the commission that an outlet is available to receive 
sewage from said town. Approved May 10, 1954. 



274 Acts, 1954. — Chap. 400. 



ChapAOO An Act relative to the holding of property by the 

UNIVERSITY OF MASSACHUSETTS BUILDING ASSOCIATION 
AND THE LEASING OF CERTAIN STATE LAND TO SAID COR- 
PORATION, 

Be it enacted, etc., as follows: 

Section 1. University of Massachusetts Building Asso- 
ciation, incorporated under the name of Massachusetts State 
College Building Association by section one of chapter three 
hundred and eighty-eight of the acts of nineteen hundred 
and thirty-nine, is hereby authorized to hold, for the pur- 
poses set forth in said chapter, real and personal estate to 
an amount not exceeding two million 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 nine- 
teen hundred and forty-eight, and of chapter four hundred 
and fourteen of the acts of nineteen hundred and fifty, and 
of chapter two hundred and eleven of the acts of nineteen 
hundred and fifty-two, and of chapter three hundred and 
fifty-six of the acts of nineteen hundred and fifty-three. 

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 main- 
tenance 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 sec- 
tion two of chapter two hundred and eleven of the acts of 
nineteen hundred and fifty-two and section two of chapter 
three hundred and fifty-six of the acts of nineteen hundred 
and fifty-three; but nothing in this section shall be con- 
strued as limiting or restricting the powers conferred upon 
said trustees by said section six of said chapter three hun- 
dred and eighty-eight with respect to the leasing of lands 
by them to said corporation. 
EdVvsl'sA Section 3. Chapter 75 of the General Laws is hereby 
etc!, 'amended.' amended by striking out section 5A, as amended by section 
10 of chapter 344 of the acts of 1947, and inserting in place 



Acts, 1954. — Chaps. 401, 402. 275 

thereof the following section: — Section 5 A. All receipts power of 
from student activities, including the operation of the uni- trustees over 
versity store, student union building, student operation of eetabUshed. 
the home economics practice house, dramatics, debating, 
musical clubs, band, athletics and other like activities, shall 
be retained by the trustees in a revolving fund or revolving 
funds and shall be expended as the trustees shall direct in 
furthering the activities from which the receipts were de- 
rived; provided, that the foregoing shall not authorize any 
action in contravention of the requirements of section one 
of Article LXIII of the amendments to the constitution. 
The said fund or funds shall be subject to annual audit by 
the state auditor. Approved May 10, 1954. 

An Act authorizing the clerk op the supreme judicial ChapAOl 

COURT FOR SUFFOLK COUNTY TO MAKE MICROPHOTO- 
GRAPHIC process COPIES OF CERTAIN PAPERS. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the supreme judicial court for 
Suffolk county shall cause to be made microphotographic 
process copies of all records, books or papers in his care or 
custody as clerk of said court which are dated from the year 
sixteen hundred and twenty up to and including the year 
eighteen hundred and twenty, and are rich in historical 
value in that they record legal acts and actions during the 
Colonial era, the IVIassachusetts Bay Province era and the 
founding days of the commonwealth. 

Section 2. For the purposes of this act the clerk of the 
supreme judicial court may expend such sums as may be 
appropriated therefor. Approved May 10, 1954- 

An Act relative to the excise for the privilege of Chap. 402 

MANUFACTURING AND SELLING, OR IMPORTING AND SELL- 
ING, ALCOHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

Chapter 138 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 21, as most recently amended by sec- I^ttiamlided!' 
tion 96 of chapter 654 of the acts of 1953, and inserting in 
place thereof the following section: — Section 21. Every Excise in 
licensed manufacturer of alcoholic beverages or alcohol as miTnutectSr^* 
defined in this chapter and every holder of a wholesaler's ako'ho^fc' °^ 
and importer's license for the sale and importation thereof beverages. 
and every licensee under section seventy-six shall, in addi- 
tion to the license fees elsewhere provided in this chapter, 
be hable for and pay to the commonwealth an excise, for 
the privilege enjoyed by him as such manufacturer, whole- 
saler and importer, or licensee under section seventy-six, to 
be levied on sales within the commonwealth of alcoholic 
beverages or alcohol, other than wines to be used for sacra- 
mental purposes only and other than malt beverages im- 



276 



Acts, 1954. — Chap. 402. 



"Proof 

gallon", 

defined. 



Record of 
sales, returns 
thereof, etc. 



ported into the commonwealth, and to be levied on im- 
portations of malt beverages into the commonwealth, as 
follows : — 

For each barrel of thirty-one gallons, or fractional part 
of a barrel aforesaid, of malt beverages, at the rate of two 
dollars per barrel aforesaid ; 

For each wine gallon, or fractional part thereof, of cider 
containing more than three per cent but not more than six 
per cent of alcohol by weight at sixty degrees Fahrenheit, 
at the rate of one and one half cents per wine gallon; 

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 ten cents per wine gallon; 

For each wine gallon, or fractional part thereof, of cham- 
pagne and all other sparkling wines, at the rate of forty 
cents per wine gallon; 

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 fifteen cents per wine gallon; 

For each wine gallon, or fractional part thereof, of all 
other alcoholic beverages containing more than twenty-four 
per cent but not more than fifty per cent of alcohol by vol- 
ume at sixty degrees Fahrenheit, at the rate of one dollar 
and fifty cents per wine gallon ; 

For each proof gallon, or fractional part thereof, of all 
other alcoholic beverages containing more than fifty per 
cent of alcohol by volume at sixty degrees Fahrenheit or 
alcohol, at the rate of one dollar and fifty cents per proof 
gallon. The words "proof gallon", when used in this section 
with reference to an alcoholic beverage, shall be held to be 
a gallon of the alcoholic beverage which contains one half 
its volume of alcohol of a specific gravity of seven thousand 
nine hundred and thirty-nine ten thousandths (.7939) at 
sixty degrees Fahrenheit. Every person subject to this 
section shall keep a true and accurate account of all alcoholic 
beverages or alcohol sold by him other than malt beverages 
imported into the commonwealth by him, and a like account 
of all malt beverages imported into the commonwealth by 
him, and shall make a return thereof to the commissioner 
of corporations and taxation, hereinafter called the com- 
missioner, within ten days after the last da}' of each month, 
covering such sales and importations by him during such 
month, and shall at the time of such return make payment 
to the commissioner of the amount due under this section 
for such sales and importations in such month. The com- 
missioner shall assess on the basis of any available informa- 
tion any deficiency in the amount so payable which remains 
unpaid and shall notify the person so assessed who may 
within thirty days of the date of the notice make application 
to the state tax commission for abatement thereof. Such 
assessment may be made at any time within two years after 



Acts, 1954. — Chap. 402. 277 

the making of the earliest sale, or importation, as the case 
may be, included in such assessment. If the state tax com- 
mission shall determine that a dehciency so assessed should 
be abated or, upon application filed within six months of 
the making of the return that an overpayment has been 
made, it shall certify the amount of such abatement or over- 
payment to the state treasurer, who shall repay the amount 
so certified if paid, without further appropriation therefor. 
The state tax commission is hereby authorized to prescribe 
rules and regulations governing the method of keeping ac- 
counts, making returns and paying the excise provided for 
in this section. Such rules and regulations shall provide for 
the waiver of payment of the excise in respect to any alco- 
holic beverages or alcohol if it appears that an excise has 
already been paid under the provisions of this section in 
respect thereto; provided, however, that alcoholic beverages 
or alcohol manufactured within or imported into the com- 
monwealth and exported therefrom shall be exempt from 
such excise. Alcohol for the purposes of this section shall 
mean alcohol otherwise subject to any provision of this 
chapter but shall not include alcohol sold for scientific, 
chemical, mechanical, manufacturing, industrial, culinary, 
pharmaceutical or medical purposes in containers greater in 
capacity than one wine gallon. The taxes imposed by this 
section shall also be applicable to sales of alcoholic bever- 
ages, upon which an excise has not already been paid under 
the provisions of this section, made by a railroad or car 
corporation or the owner or operator of any vessel or ship- 
ping company licensed to sell alcoholic beverages under the 
provisions of section thirteen. 

The books, accounts, records and papers of every licensee 
shall at all times be open to the inspection of the state tax 
commission and of the commissioner and his agents and 
upon summons issued by the commissioner shall be pro- 
duced at such time and place as he shall designate for the 
inspection of himself or his agents. 

If any licensee fails to file a return under this chapter Penalty for 
within the time prescribed therein, the sum of five dollars gle return. 
for every day during which such licensee is in default shall 
be added to, and become a part of the tax, as an additional 
tax; but the commissioner may, in his discretion, abate any 
such additional tax in whole or in part. 

Whoever files a fraudulent return, and whoever, having penalty, 
failed to file a return or having filed an incorrect or insuffi- 
cient return without reasonable excuse fails to file a return 
within twenty days after receiving notice from the com- 
missioner of his delinquency, shall be punished by a fine of 
not less than one hundred nor more than ten thousand 
dollars, or by imprisonment for not more than one year, or 
both. 

Sums due to the commonwealth under this section may Duties of 
be recovered by the attorney general in an action brought genTrai^ 
in the name of the commissioner. The commission may 



278 



Acts, 1954. — Chap. 403. 



Right of 
appeal. 



Surety bond, 
when required 
of licensee. 



Additional 
penalty, 
when assessed. 



suspend the license of a person subject to this section, at 
the suggestion of the state tax commission, for failure to 
pay such sums when due. The commissioner shall have the 
same powers and remedies with respect to the collection of said 
sums as he has with respect to the collection of income taxes 
under chapter sixty-two but need not send any notice or de- 
mand for payment of any excise imposed under this section. 

Any licensee aggrieved by the refusal of the state tax 
commission to abate, in whole or in part, a tax imposed by 
this section, may appeal therefrom, within thirty days after 
the mailing of a notice of the decision of the state tax com- 
mission, by filing a petition with the clerk of the appellate 
tax board. If, on hearing, said board finds that the licensee 
making the appeal was entitled to an abatement of the tax 
assessed, it shall make such abatement as it sees fit. 

The commissioner may require any hcensee subject to 
this section to furnish a bond running to the commonwealth 
for the term of the license, in a penal sum determined, and 
in a form approved, by the commissioner, executed by the 
licensee as principal and by a surety company authorized 
to do business in the commonwealth as surety, and condi- 
tioned upon the payment of the excise imposed by this 
section upon such licensee. 

Any person who shall knowingly purchase, sell or possess 
any alcoholic beverages or alcohol not manufactured in or 
imported into the commonwealth by a licensed manufac- 
turer or a holder of a wholesaler's and importer's license for 
the sale and importation thereof or a licensee under section 
seventy-six, or a railroad or car corporation or the owner or 
operator of any vessel or shipping company licensed under 
section thirteen, or a person holding a permit for importa- 
tion under section twenty-two A, or any person specifically 
exempted by section two, shall, in addition to any other 
penalties provided for violation of any provision of this 
chapter, be subject to a fine equal to double the amount of 
the excise which would have been payable by a licensee 
subject to this section if such alcoholic beverages or alcohol 
had been imported or sold by such licensee. The state 
police and all local police authorities shall have authority to 
enforce, and shall, at the request of the commissioner or his 
duly authorized agent, enforce the provisions of this para- 
graph. Approved May 10, 1954- 



preamble. 



ChapAOS An Act providing for an acceleil\.ted highway program. 

Emergency Whcveas, The deferred operation of this act would un- 

necessarily delay putting into effect the accelerated highway 
program provided for therein, therefore this act is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the pubUc safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. The state department of public works, 
hereinafter called the department, and the metropolitan 



Acts, 1954. — Chap. 403. 279 

district commission, hereinafter called the commission, are 
hereby authorized and directed to expend a sum not to 
exceed one hundred and fifty million dollars, in addition to 
any other appropriations which may have heretofore or 
may hereafter be made, for projects for the laying out, 
construction, reconstruction, resurfacing, relocation or im- 
provement of highways, parkways, bridges, grade crossing 
eliminations and alterations of crossings at other than grade, 
for traffic safety devices on state highways, parkways and 
on roads constructed under the provisions of section thirty- 
four of chapter ninety of the General Laws, and for traffic 
studies. 

The department and the commission shall accept any 
federal funds available for such projects, and such federal 
funds when received shall be credited to the Highway Fund. 
Federal funds so received during the fiscal year nineteen 
hundred and fifty-four and thereafter on account of the 
allocation of federal funds prior to June thirtieth, nineteen 
hundred and fifty-four, and for the fiscal years nineteen 
hundred and fifty-five, nineteen hundred and fifty-six, and 
nineteen hundred and fifty-seven shall be used without 
further appropriation to meet payments required under this 
act. Federal funds received shall reduce by an equal amount 
the total of bonds authorized to be issued by this act. 

Section 2. Except in the case of parkway projects 
under the jurisdiction of the commission, the department 
shall have full authority to select the projects to be under- 
taken under the authority of this act. If any road or bridge, 
whether completed or under construction in any area is 
acquired by the Massachusetts Turnpike Authority, the 
department of public works is hereby authorized and directed 
to proceed forthwith to construct and reconstruct other 
roads and bridges in the same areas as defined in the bond 
issue or bond issues in which funds for such acquired roads 
and bridges were provided and to expend therefor and for 
no other purposes such sums not exceeding in the aggregate 
the amount originally expended on such acquired road or 
bridge from the proceeds of the bond issue authorized by 
this act or of any previous bond issue or bond issues but 
not to exceed in any event the amount received from said 
authority. Any sums so received are hereby made available 
without further appropriation. 

Section 3. Pursuant to the provisions of section one, 
the commission is hereby authorized and directed to expend 
a sum, not to exceed twelve million dollars, for projects of the 
commission in the area set forth in the "Master Highway 
Plan for the Boston Metropolitan Area", as established 
and defined in Exhibit B of House Document No. 1767 of 
the year nineteen hundred and forty-eight. 

Section 4. Pursuant to the provisions of section one, 
the department is hereby authorized and directed to expend 
a sum, not less than fifty-five million dollars, for projects 
in the area set forth in the "Master Highway Plan for the 



280 Acts, 1954. — Chap. 403. 

Boston Metropolitan Area", as established and defined in 
said Exhibit B of House Document No. 1767 of the year 
nineteen hundred and forty-eight. 

Section 5. Pursuant to the provisions of section one, 
the department is hereby authorized and directed to expend 
a sum, not to exceed eighty-three million dollars, for projects 
in the area set forth in "The Report on Massachusetts 
State Highway Needs, exclusive of Metropolitan Boston", 
as established and defined in Exhibit A of said House Docu- 
ment No. 1767, of the year nineteen hundred and forty- 
eight and not less than twelve million dollars of said sum 
shall be expended in the area west of the Connecticut river, 
including therein any bridges across said river with their 
approaches and connections, and not less than twelve million 
dollars in the area lying between the Connecticut river and 
the easterly boundary fine of Worcester county excluding 
any bridge across said river with their approaches and con- 
nections and not less than twelve million dollars in the area 
comprising Essex, Middlesex and Norfolk counties including 
Route 128 therein, and not less than twelve million dollars 
in the area comprising Bristol, Plymouth, Barnstable, 
Dukes and Nantucket counties. 

Section 6. The department and the commission may, 
on behalf of the commonwealth, take by eminent domain 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, such public or private lands, 
including buildings thereon, cemeteries, public parks or 
reservations, or parts thereof or rights therein, including 
buildings thereon, and public ways as it may deem necessary 
for carrying out the provisions of this act, including such 
land or rights in land as may be necessary for the construction 
of any necessary drainage outlets; provided, that no damages 
shall be paid for pubUc lands or parks, parkw^ays or reser- 
vations. 

There is hereby created within the department of public 
works a real estate review board consisting of five members, 
to be appointed by the commissioner from members of the 
Boston Real Estate Board, from resident Massachusetts 
members of the American Institute of Real Estate Ap- 
praisers, from members of the Massachusetts Board of Real 
Estate Appraisers or from members of the Massachusetts 
Real Estate Association. All vacancies in said board shall 
be filled by said commissioner from a list of five names sub- 
mitted by the Boston Real Estate Board and five names sub- 
mitted by the Massachusetts Real Estate Association. 
Said department shall fix the compensation of the members 
of said real estate review board. 

No payment in excess of twenty-five hundred dollars by 
way of purchase of real estate or any interest therein shall 
be made and no settlement in excess of twenty-five hundred 
dollars shall be made out of court for damages recoverable 
under chapter seventy-nine of the General Laws in excess of 
the amount recommended by said real estate review board. 



Acts, 1954. — Chap. 403. 281 

No settlement in excess of twenty-five hundred dollars 
and in excess of the recommendation of the real estate review 
board shall be made by agreement of the parties during or 
after trial except with the written approval of the court; 
provided, that settlements in excess of the recommendation 
of the board may be made without such approval if the 
settlement does not exceed the amount of any verdict or 
finding which may have been rendered, together with interest 
and costs. 

The department is hereby ordered and directed to file 
reports of all payments in excess of twenty-five hundred 
dollars for damages resulting from a taking or for purchase 
hereunder, with the clerk of the house of representatives 
and with the clerk of the senate not later than ninety days 
after payment. Such reports shall contain the amount of the 
payment, an affidavit that the amount was not in excess 
of the amount recommended by the board if payment in 
excess of said amount is prohibited hereunder, by whom 
and in what manner settled, the name of the owner or 
owners of the land involved and a description of said land 
sufficient to identify it. 

Section 7. When the work on any project authorized 
by section one shall have been completed, the title to or 
control of such highways, lands and rights therein taken or 
acquired therefor as in the opinion of the department are 
no longer needed for state liighway purposes, or in the opinion 
of the commission are no longer needed for parkway pur- 
poses, may be transferred by the department or the com- 
mission, as the case may be, to the city or town in which the 
land or the highway lies. Such sections of highway shall 
become city or town ways and shall be kept in good condition 
and repair by the city or town in which the land lies and the 
provisions of section twenty-five of chapter eighty-one of the 
General Laws shall apply thereto. 

Section 8. To meet the expenditures necessary in 
carrying out the provisions of this act, the state treasurer 
shall, upon request of the governor and council, issue and 
sell at public or private sale bonds of the commonwealth, 
registered or with interest coupons attached, as he may 
deem best, to an amount to be specified by the governor 
and council from time to time, but not exceeding in the 
aggregate the sum of one hundred and fifty million dollars. 
All bonds issued by the commonwealth as aforesaid shall be 
designated on the face: Highway Improvement Loan, Act of 
1954, and shall be on the serial payment plan for such maxi- 
mum term of years not exceeding twenty years from the 
date of issue as the governor may recommend to the general 
court pursuant to section 3 of Article LXII of the Amend- 
ments to the Constitution of the Commonwealth, the matu- 
rities thereof to be so arranged that the amounts payable in 
the several years of the period of amortization 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 



282 Acts, 1954. — Chap. 403. 

shall bear interest payable semi-annually at such rate as the 
state treasurer with the approval of the governor shall fix. 
The initial maturities of such bonds shall l)e payable not 
later than one year from the date of issue thereof, and the 
entire issue not later than June thirtieth, nineteen hundred 
and eighty. 

All interest payments and payments on account of princi- 
pal on such obligations shall be paid from the Highway 
Fund; provided, that notwithstanding the foregoing, such 
obligations shall be general obligations of the commonwealth. 

Section 9. The cost of the work authorized in section 
one shall include all project payments, property damages, 
expenses for consultants and engineering services, including 
traffic studies, and for all legal and other technical and 
expert services, and incidental expenses in connection with 
the projects herein authorized. The department and the 
commission, severally, may engage such additional engineer- 
ing and other personnel subject to the provisions of chapters 
thirt}^ and thirty-one of the General Laws as may be neces- 
sary to carry out the terms of this act, and may also engage 
the services of such consulting engineers as it may deem 
necessary, but no increase in the number of permanent 
positions in the engineering force of the department or of 
the commission shall be allowed on account of this act. 

Section 10. The department and the commission, 
respectively, shall file detailed progress reports with the 
governor and the clerk of the house of representatives on 
December thirty-first, nineteen hundred and fifty-five, 
December thirty-first, nineteen hundred and fifty-six, and 
December thirty-first, nineteen hundred and fifty-seven, 
and shall render a final report on or before December thirty- 
first, nineteen hundred and fifty-eight, relative to all projects 
undertaken under the provisions of this act. 

Section 11. All contracts for the projects authorized 
by this act shall be entered into by the department and the 
commission, respectively, not later than December first, 
nineteen hundred and fifty-eight. 

Section 12. The proceeds of the additional excise levied 
under the provisions of chapter six hundred and ninety-nine 
of the acts of nineteen hundred and fifty-one and the proceeds 
of the additional excise levied under the provisions of chapter 
five hundred and fifty-six of the acts of nineteen hundred 
and fifty-two shall be paid into the treasury and credited 
to the Highway Fund, and, in addition to the purposes 
specified in said acts, shall be used in so far as available 
toward meeting the interest and serial payments on the 
bonds of the commonwealth issued under authority of 
section eight of this act. Approved May 11, 1954. 



Acts, 1954. — Chap. 404. 283 

An Act relative to the observation, examination and ChavAO^ 

RECOMMITMENT TO A DEFECTIVE DELINQUENT DEPART- 
MENT OF CERTAIN PERSONS PREVIOUSLY SO COMMITTED. 

Whereas, The deferred operation of this act would tend preambi""^ 
to defeat its purpose, which is to provide for the immediate 
observation, examination and recommitment of certain 
persons who may be mentally defective and a menace to 
the pubUc, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 645 of the acts of 1953 
is hereby amended by inserting after the word "farm", in 
line 8, the words: — and, if a female person, to the reforma- 
tory for women, — so that the first sentence will read as 
follows: — Any person held in a defective delinquent depart- 
ment whose original commitment thereto shall be judicially 
determined to have been procedurally improper, shall, 
where the interests of the public so require, forthwith upon 
such determination, be newly committed by the court 
making such determination for not more than thirty-five 
days' observation in the defective delinquent department of 
the state farm and, if a female person, to the reformatory 
for women, and may thereafter, in the discretion of ihe court, 
be further committed, for such observation, for an addi- 
tional period, not to exceed thirty-five days, during which 
period or periods he shall be examined as though an appli- 
cation for his commitment had been duly filed under the 
provisions of section one hundred and thirteen of chapter 
one hundred and twenty-three of the General Laws. 

Section 2. The second paragraph of section 113 of pj^lJg®'- 
chapter 123 of the General Laws, as appearing in section 1 §113, etc., 
of chapter 608 of the acts of 1952, is hereby further amended ^•™«'»'i^«^- 
by inserting after the word "farm", in line 5, the words: — 
and, if a female person, to the reformatory for women, — so 
as to read as follows : — 

Upon the filing of an application for commitment to a commitment 
department for defective delinquents, the court shall cause aii'inq'irents, 
such person to be committed for not more than thirty-five regulated. 
days' observation in the defective delinquent department of 
the state farm and, if a female person, to the reformatory for 
women, at which time such person shall be examined by two 
experts appointed by the commissioner of mental health 
with a view to determining whether or not he is mentally de- 
fective. Within thirty-five days, and after such observation 
and examination, the experts so appointed shall file a written 
report with the clerk of court in which the case is pending, 
and the report shall be accessible to the probation officer, to 
the district attorney and to the defendant and his attorney. 

Section 3. The last paragraph of said section 113 of S, ^- { Jl'- 
said chapter 123, as so appearing, is hereby amended by §113, etc., 
inserting after the word "farm", in line 6, the words: — l^emTed. 



284 Acts, 1954. — Chap. 405. 

, and, if a female person, in the reformatory for women, — 
so as to read as follows: — 
Same eubject. ^ persoH may appeal from the order of commitment as a 
defective delinquent to the superior court sitting for criminal 
business in the county from which he has been committed, 
in the manner provided by section twenty-two of chapter 
two hundred and twelve, but shall be held in the defective 
delinquent department of the state farm, and, if a female 
person, in the reformatory for women, to abide the final order 
of the court. If the appellant so requests, an issue or issues 
shall be framed and submitted to a jury in the superior court. 

Approved May 11, 1954. 

ChapA05 An Act providing that certain town meeting votes 

SHALL BE SUBJECT TO A REFERENDUM IN THE TOWN OF 
MARBLEHEAD. 

Be it enacted, etc., as follows: 

Section 1. A vote passed at any town meeting held in 
the town of Marblehead authorizing the expenditure of 
fifty thousand dollars or more as a special appropriation, 
or establishing a new board or oflftce or abolishing an old 
board or office or merging two or more boards or offices, or 
fixing the term of office of town officers, where such term is 
optional, or increasing or reducing the number ofmemV)ers 
of a board, or adopting a new by-law, or amending an exist- 
ing by-law, shall not be operative until after the expiration 
of five days, exclusive of Sundays and holidays, from the 
dissolution of the meeting, nor, if a petition for referendum 
thereon has been filed, until the question of the ratification 
of such vote has been determined in the manner herein 
provided. If, within said five days, a petition, signed by 
not less than three hundred registered voters of the town, 
containing their names and addresses as they appear on 
the list of registered voters, is filed with the selectmen asking 
that the question or questions involved in such a vote be 
submitted to the registered voters of the town at large, 
then the selectmen, after the expiration of five days, shall 
forthwith call a special meeting for the sole purpose of 
presenting to the registered voters at, large the question or 
questions so involved. The polls shall be opened at two 
o'clock in the afternoon and shall be closed not earlier than 
eight o'clock in the evening, and all votes upon any questions 
so submitted shall be taken by ballot, and the check list 
shall be used in the 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 a town meeting shall be reversed unless at least twenty 
per cent of the registered voters shall so vote. Each ques- 
tion so submitted shall be in the form of the following ques- 
tion, which shall be placed upon the official ballot: — "Shall 



Acts, 1954. — Chap. 406. 285 

the town vote to approve the action of the town meeting 
whereby it was voted (brief description of the substance 
of the vote)?" If such petition is not filed ^^'ithin said period 
of five days, the vote of the town meeting shall become 
operative and effective upon the expiration of said period. 

Section 2. This act shall be submitted to the voters 
of the town of Marblehead for acceptance at the next annual 
town meeting in the form of the following question, which 
shall be placed upon 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-four, entitled 'An 
Act providing that certain town meeting votes shall be 
subject to a referendum in the town of Marblehead', be 
acce[)ted?" If a majority of the voters voting on said 
question vote in the affirmativ^e, then this act shall take 
full effect, but not otherwise. Approved May 11, 1954. 



An Act authorizing the town of brookline to develop QfiQp 4Qg 

CERTAIN LAND FOR RECREATIONAL PURPOSES, AND THERE- 
AFTER SELL OR LEASE THE LOWELL PLAYGROUND. 

Be it enacted, etc., as follows: 

Section 1. Upon certification of the park commissioners 
and the recreation commission of the town of Brookline to 
the selectmen thereof that the land on Hammond street in 
said town acquired from Edward Dane and the Baldwin 
playground have been developed and are available for public 
use, said town, by its selectmen pursuant to a vote of the 
town at an annual or special town meeting, may sell or 
lease at public auction or public sale, the whole or any part 
of a certain parcel of real estate in said town which was 
acquired for playground purposes and is no longer needed for 
public use. Said parcel is bounded and described as follows: 
— Beginning at a point on the northerly side of Heath 
Street as widened by the town June 12, 1928, at land now or 
formerly of the Holyhood Cemetery Association; thence 
running northwesterly by land now or formerly of said 
Holyhood Cemetery Association, J. A. and L. B. Craven, 
M. Tagline and F. B. Tallino for a distance of three hundred 
fifty-eight and 85/100 feet to the south side of Boylston 
Street, as laid out as a state highway by the Commonwealth 
of Massachusetts Department of Pubfic Works on Septem- 
ber 13, 1933; thence running southwesterly on the south 
side of said Boylston Street on three lines for distances of 
five and 59/100 feet; twenty-six and 28/100 feet, and seven 
hundred thirty-five and 78/100 feet, respectively, to a point 
on the division between the town of Brookline and the city 
of Newton; thence running southeasterly along the division 
line between the town of Brookline and the city of Newton, 
and by land now or formerly of Wj^co Realty of Newton 
Incorporated for a distance of three hundred fifty-six and 
52/100 feet; thence running easterly by land now or formerly 



286 Acts, 1954. — Chap. 406. 

of H. R. O'Hearn for a distance of eighty-eight and 10/100 
feet to the said northerly line of Heath Street; thence run- 
ning easterly on the said north side of Heath Street by a 
straight line for a distance of fifty-eight and 42/100 feet; 
thence running northeasterly by a curve to the right having 
a radius of one hundred seventy-five feet for a distance of 
one hundred seventy-seven and 24/100 feet; thence running 
easterly by a curve to the right having a radius of two thou- 
sand thirty-five and 30/100 feet for a distance of one hun- 
dred forty-one and 70/100 feet; thence running easterly by 
a straight line for a distance of fifty-six and 27/100 feet; 
thence running easterly by a curve to the right having a 
radius of six hundred forty feet for a distance of one hundred 
eighteen and 74/100 feet; thence running easterly by a 
straight fine for a distance of one hundred twenty-eight and 
73/100 feet; thence running easterly by a curve to the left 
having a radius of two thousand nine hundred eighty feet 
for a distance of sixty-four and 78/100 feet to the point of 
beginning. Containing two hundred thirty -six thousand, 
one hundred eighty-one square feet, more or less. 

Being the same premises conveyed to the town of Brook- 
fine by deed dated April 29, 1907 given by John Lowell, et 
al, recorded with the Norfolk County Registry of Deeds in 
book 1053, page 383 and shown on a plan by Aspinwall and 
Lincoln, Civil Engineers, dated April 20, 1907, except that 
portion taken by the town of Brookline April 29, 1928 for 
highway purposes as shown on a plan by Henry A. Varney, 
Town Engineer, dated May 17, 1928. 

Section 2. Notwithstanding the provisions of section 
sixty-three of chapter forty-four of the General Laws, the 
proceeds of any such sale or lease shall be deposited with the 
treasurer of said town and held as a separate account. Appro- 
priations therefrom may be made by vote of the town for 
the following purposes: — the development, for recreational 
purposes, of the land on Hammond street in said town, re- 
cently acquired from Edward Dane; the development of the 
Baldwin playground; the restoration to available funds in 
the treasury of any amounts that may hereafter be appro- 
priated from available funds for the foregoing purposes; and 
the payment into the treasury of such amounts as may here- 
after be raised by taxation for such purposes. The balance, 
if any, may be appropriated for public recreational purposes. 

Section 3. For the purpose of developing, for recreational 
purposes, said land on Hammond street and said Baldwin 
playground, the town of Brookline may borrow from time 
to time such sums as may be necessary and may issue bonds 
or notes of the town therefor, which shall bear on their face 
the words, Brookline Playground Development Loan, Act 
of 1954. Each authorized issue shall constitute a separate 
loan and such loans shall be paid in not more than ten years 
from their dates. Indebtedness incurred under this act shall 
be within the statutory fimit and shall be subject to the pro- 
visions of chapter forty-four of the General Laws, including 



Acts, 1954. — Chap. 407. 



287 



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

Section 4. This act shall take effect upon its passaj^e. 

Approved May 12, 1954. 



An Act providing adjustments in the permanent salary Cha'pA07 

SCHEDULES FOR EMPLOYEES OF THE COMMONWEALTH. 

Whereas, The deferred operation of this act would tend p^f^^iT^ 
to defeat its purpose, which is to further perfect the classified 
service of the commonwealth, therefore, it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 46 of chapter 30 of the General S.^iJ^J-.p 
Laws IS hereby amended by strikmg out the salary sched- etc, amended, 
ules therein, as appearing in section 2 of chapter 715 of the 
acts of 1951, and inserting in place thereof the following: — 

General Salary Schedule. 
Effective Jvly 1, 1954. 





Incre- 
ment. 


Rates (on Total Cash Basis). 


Salary 

Grade 

No. 


Mini- 
mum. 


Second 
Year. 


Third 
Year. 


Fourth 
Year. 


Fifth 
through 
Seventh 

Year. 


Eighth 
through 
Eleventh 

Year. 


Maxi- 
mum 
from 
Twelfth 
Year. 


1 


$120 


$1,980 


$2,100 


$2,220 


$2,340 


$2,460 


$2,580 


$2,700 


2 


120 


2,040 


2,160 


2,280 


2,400 


2,520 


2,640 


2,760 


3 


120 


2,100 


2,220 


2,340 


2,460 


2,580 


2,700 


2,820 


4 


120 


2,160 


2,280 


2,400 


2,520 


2.640 


2,760 


2.880 


5 


120 


2,220 


2,340 


2,460 


2,580 


2,700 


2,820 


2.940 


6 


120 


2,280 


2,400 


2,520 


2,640 


2,760 


2,880 


3,000 


7 


120 


2,340 


2.460 


2,580 


2,700 


2,820 


2,940 


3,060 


8 


120 


2,400 


2,520 


2,610 


2,760 


2,880 


3,000 


3,120 


9 


120 


2,460 


2,580 


2,700 


2,820 


2,940 


3,060 


3,180 


10 


120 


2,520 


2,640 


2,760 


2,880 


3,000 


3,120 


3,240 


11 


120 


2,580 


2,700 


2,820 


2,940 


3,060 


3,180 


3,300 


12 


120 


2,6t0 


2,760 


2,880 


3,000 


3,120 


3,240 


3,360 


13 


120 


2,700 


2,820 


2,940 


3,060 


3,180 


3,300 


3,420 


14 


120 


2,760 


2,880 


3,000 


3,120 


3,240 


3,360 


3,480 


15 


120 


2,820 


2,940 


3,060 


3,180 


3,300 


3,420 


3,540 


16 


120 


2,880 


3,000 


3,120 


3,240 


3,360 


3,480 


3,600 


17 


120 


2,940 


3,060 


3,180 


3,300 


3,420 


3,540 


3,660 


18 


120 


3,000 


3,120 


3,240 


3,360 


3,480 


3,600 


3,720 


19 


120 


3,060 


3,180 


3,300 


3,420 


3,540 


3,600 


3,780 


20 


120 


3,120 


3,240 


3,360 


3,480 


3,600 


3,720 


3,840 


21 


120 


3,180 


3,300 


3.420 


3.540 


3,600 


3,780 


3,990 


22 


120 


3,240 


3,360 


3,480 


3,600 


3,720 


3,840 


3,960 


23 


120 


3,300 


3,420 


3,540 


3,660 


3,780 


3,900 


4,020 


24 


120 


3,360 


3.480 


3,600 


3,720 


3,840 


3,960 


4,080 


25 


120 


3,420 


3,540 


3,660 


3,780 


3,900 


4,020 


4,140 


26 


120 


3,480 


3,600 


3,720 


3,840 


3,960 


4.080 


4,200 


27 


120 


3,540 


3,660 


3,780 


3,900 


4,020 


4,140 


4,260 



288 



Acts, 1954. — Chap. 407. 



General Salary Schedule — Concluded. 
Effective Juhj 7, 1954 — Concluded. 





Incre- 
ment. 


Rates (on Total Cash Basis). 


Salary 

Grade 

No. 


Mini- 
mum. 


Second 
Year. 


Third 
Year. 


Fourth 
Year. 


Fifth 
through 
Seventh 

Year. 


Eighth 
through 
Eleventh 

Year. 


Maxi- 
mum 
from 
Twelfth 
Year, 


28 


$120 


$3,600 


$3,720 


$3,840 


$3,960 


$4,080 


$4,200 


$4,320 


29 


120 


3.6C0 


3,780 


3,900 


4,020 


4,140 


4,260 


4,380 


30 


120 


3,720 


3,840 


3,960 


4.080 


4,200 


4,320 


4,440 


31 


180 


3,780 


3,960 


4,140 


4,320 


4,500 


4,680 


4,860 


32 


180 


3,840 


4,020 


4,200 


4,380 


4,560 


4.740 


4,920 


33 


180 


3,900 


4,080 


4,260 


4,440 


4,620 


4,800 


4,980 


34 


ISO 


3,960 


4,140 


4, .320 


4,500 


4,680 


4,860 


5,040 


35 


180 


4,020 


4,200 


4,380 


4,.')60 


4,7t0 


4,920 


5,100 


36 


180 


4,080 


4,260 


4,440 


4,620 


4.800 


4.980 


5,160 


37 


180 


4,140 


4.320 


4,500 


4,680 


4,860 


5,040 


5,220 


38 


180 


4,200 


4,380 


4,560 


4,740 


4,920 


5,100 


5,280 


39 


180 


4,260 


4,440 


4,620 


4,800 


4,980 


5,160 


5,340 


40 


180 


4,320 


4,500 


4,680 


4,860 


5,040 


5,220 


5,400 


41 


180 


4.380 


4,560 


4,740 


4,920 


5,100 


5,280 


5.460 


42 


180 


4,440 


4,620 


4,800 


4,980 


5,160 


5,340 


5,520 


43 


180 


4,500 


4,680 


4,860 


5,040 


5,220 


5,400 


5,580 


44 


180 


4,560 


4,740 


4,920 


5,100 


5,280 


5,460 


5,640 


45 


180 


4,620 


4,800 


4,980 


5,160 


5,340 


5,520 


5,700 


46 


180 


4,680 


4,860 


5,040 


5,220 


5,400 


5,580 


5,760 


47 


180 


4,740 


4,920 


5,100 


5,280 


5,460 


5,040 


5,820 


48 


180 


4,800 


4,980 


5,160 


5,340 


5,520 


5.700 


5,880 


49 


240 


4,860 


5,100 


5,340 


5,580 


5,820 


6,060 


6,300 


50 


240 


4,980 


5,220 


5.460 


5,700 


5,940 


6,180 


6,420 


51 


240 


5,100 


5,340 


5,580 


5.820 


6,060 


6,300 


6.540 


52 


240 


5.220 


5,460 


5,700 


5,940 


6,180 


6,420 


6,660 


53 


240 


5.340 


5,580 


5,820 


6,060 


6,300 


6,540 


6,780 


64 


240 


5,460 


5,700 


5,940 


6,180 


6,420 


6,660 


6,900 


55 


240 


5 580 


5,820 


6,060 


6,300 


6,.540 


6,780 


7,020 


56 


240 


5.700 


5,940 


6,180 


6,420 


6,600 


6,900 


7,140 


57 


240 


5,820 


6,000 


6,300 


6,540 


6.780 


7,020 


7,260 


58 


300 


5,880 


6,180 


6,480 


6,780 


7,080 


7,380 


7,680 


59 


300 


6,180 


6,480 


6,780 


7,080 


7,380 


7,680 


7.980 


60 


300 


6,480 


6,780 


7,080 


7,380 


7,680 


7,980 


8,280 


61 


300 


6,780 


7,080 


7,380 


7,680 


7,980 


8,280 


8,580 


62 


300 


7,080 


7,380 


7,680 


7,980 


8,280 


8,580 


8,880 


63 


300 


7,380 


7,680 


7,980 


8,280 


8,580 


8,880 


9,180 


64 


300 


7,680 


7.980 


8,280 


8,580 


8,880 


9,180 


9,480 


65 


300 


7,980 


8,280 


8,580 


8,880 


9,180 


9,180 


9,780 


66 


300 


8,280 


8.580 


8,880 


9.180 


9,480 


9,780 


10.080 


67 


300 


8,580 


8,880 


9,180 


9,480 


9,780 


10,080 


10.380 


68 


300 


8,880 


9.180 


9,480 


9,780 


10,080 


10,380 


10,680 


69 


300 


9.180 


9,480 


9,780 


10,080 


10,380 


10.680 


10.980 


70 


300 


9,480 


9,780 


10,080 


10,380 


10,680 


10,980 


11,280 


71 


300 


9,780 


10,080 


10,380 


10,680 


10,980 


11,280 


11,580 


72 


300 


10,080 


10,380 


10,680 


10,980 


11,280 


11,580 


11,880 


73 


300 


10,380 


10,680 


10,980 


11,280 


11,580 


11,880 


12,180 


74 


300 


10,680 


10,980 


11,280 


11.580 


11,880 


12,180 


12.480 


75 


300 


10,980 


11,280 


11,580 


11,880 


12,180 


12,480 


12,780 


76 


300 


11,280 


11, .580 


11,880 


12,180 


12,480 


12,780 


13,080 


77 


300 


11,580 


11,880 


12,180 


12,480 


12,780 


13.080 


13.380 



Acts, 1954. — Chap. 407. 



289 



Labor Service Salary Schedule. 
Effective Juhj 1, 1954. 





Incre- 
ment. 


Rates (on Total Cash Basis). 


Salary 

Grade 

No. 


Mini- 
mum. 


Seven 
through 
Twelve 
Months. 


Thirteen 
through 
Eighteen 
Months. 


Nineteen 

Months 

through 

Third 

Year. 


Fourth 
Year 

through 
Fifth 
Year. 


Sixth 

Year 

through 

Ninth 
Year. 


Maxi- 
mum 
from 
Tenth 
Year. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 


$60 
60 
60 
60 
60 
60 
60 
60 
60 
60 
60 
60 
60 


$2,820 
2,880 
2,940 
3,000 
3,060 
3,120 
3,180 
3.240 
3,300 
3,360 
3,480 
3,600 
3,720 


$2,880 
2,940 
3,000 
3,060 
3,120 
3,180 
3.240 
3,300 
3,360 
3,420 
3,540 
3,660 
3,780 


12,940 
3,000 
3,060 
3,120 
3,180 
3.240 
3,300 
3,360 
3,420 
3,480 
3,600 
3,720 
3,840 


$3,000 
3,060 
3,120 
3,180 
3,240 
3,300 
3,360 
3,420 
3,480 
3,540 
3,660 
3,780 
3,900 


$3,060 
3,120 
3,180 
3,240 
3,300 
3,360 
3,420 
3,480 
3,540 
3,600 
3,720 
3,840 
3,960 


$3,120 
3,180 
3,240 
3,300 
3,360 
3,420 
3,480 
3,540 
3,600 
3,660 
3,780 
3,900 
4,020 


$3,180 
3,240 
3,300 
3,360 
3,420 
3.480 
3,540 
3,600 
3,660 
3,720 
3,840 
3,960 
4,080 



Section 2. Said section 46 of said chapter 30 is hereby g. l. (Ter. 
further amended by striking out paragraph (2), as most ftcil'fu^thlr^^' 
recently amended by section 1 of chapter 421 of the acts of amended. 
1952, and inserting in place thereof the following paragraph : — 

(2) For purposes of salary increments provided for in the Salary 
General Salary Schedule, a year of service shall be a period pro'^^ong, 
of fifty-two weeks of work if pay roll i.s on a weekly basis, regulated. 
and if pay roll is on a monthly basis then twelve months of 
work shall constitute a year of service. A pay-roll period 
in the case of weekly pay roll shall be a period of seven 
consecutive days, and in the case of monthly pay roll shall 
be a calendar month. Increments shall commence on the 
first day of the pay-roll period in which such increments 
fall; provided, however, that if an employee is off the pay 
roll for one or more days, such increment shall be post- 
poned in accordance with the rules and regulations of the 
division of personnel and standardization. 

In cases of weekly pay-roll periods, increments in salary 
grades numbered one to fourteen, inclusive, under the 
General Salary Schedule shall be increases of sixty dollars 
at intervals of twenty-six weeks of work, during the first, 
second and third year, and at the beginning of the fifth, 
eighth and twelfth years said increments shall be increases 
of one hundred and twenty dollars; in cases of those on a 
monthly pay roll, said increments shall be increases of sixty 
dollars at intervals of sLx months of work during the first, 
second and third year, and at the beginning of the fifth, 
eighth and twelfth years said increments shall be increases 
of one hundred and twenty dollars; in cases of those on a 



290 



Acts, 1954. — Chap. 408. 



Effect of 
promotion on 
salary grade 
and rate. 



Effective 
date. 



weekly pay-roll period, increments in Labor Service Salary 
Schedule shall be increases of sixty dollars at intervals of 
twenty-six weeks of work during the first eighteen months 
of service; if on a monthly pay roll, said increments shall 
be increases of sixty dollars at intervals of six months of work 
during the first eighteen months of service. Subsequent 
salary increments in Labor Service Salary Schedule shall 
become due at the beginning of the fourth, sixth, and tenth 
years of service. Increments in salary grades except as 
provided above shall be increases at intervals of a year's 
service in the first, second and third years and thereafter 
at the beginning of the fifth, eighth and twelfth years' 
service. 

Section 3. The salary grade and rate of each officer 
and employee whose position is classified under sections 
forty-five to fifty, inclusive, of chapter thirty of the General 
Laws on the effective date of this act shall be the grade and 
rate to which his position is allocated on said date and in 
accordance with sections one and two of this act. On the 
effective date of this act, any person subject to the provisions 
of said sections forty-five to fifty, inclusive of said chapter 
thirty who has received a promotion since July first, nineteen 
hundred and forty-eight, and whose rate in his present salary 
grade as determined under this act would be less because 
of his most recent promotion to his present grade than the 
rate to which the person would be entitled if his promotion 
occurred on July first, nineteen hundred and fifty-four, his 
rate shall be that which he would have received if his pro- 
motion had been deferred until July first, nineteen hundred 
and fifty-four. 

Section 4. This act shall take effect July first, nineteen 
hundred and fifty-four. Approved May IS, 1964. 



ChapAOS 

Emergency 
preamble. 



G. L. (Tcr. 
Ed.). 112, § 50, 
etc., amended. 



Practice of 

dentistry, 

defined. 



An Act restricting dental advertising. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to prevent, at once certain 
dental advertising, 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 L Chapter 112 of the General Laws is hereby 
amended by striking out section 50, as amended by chapter 
333 of the acts of 1949, and inserting in place thereof the 
following section: — Section 50. A person shall be deemed 
to be practicing dentistry if he holds himself out as being 
able to diagnose, treat, operate or prescribe for any disease, 
pain, injury, deficiency, deformity or other condition of the 
human teeth, alveolar process, gums or jaws, and associated 
parts, intraorally or extraorally, or if he either offers or 
undertakes by any method to diagnose, treat, operate or 
prescribe for any disease, pain, injury, deficiency, deformity 



Acts, 1954. — Chap. 408. 291 

or other condition of the same ; or if he, except on the written 
prescription of a registered dentist and by the use of im- 
pressions made by a registered dentist, directly or indirectly 
by mail, carrier, personal agent, or by any other method, 
supplies, constructs, reproduces, relines, repairs, adds or 
directs the appHcation of any substance, of a durable nature, 
to dentures, bridges, appliances or other structures to be 
used and worn as substitutes for natural teeth or solicits or 
advertises, except as permitted in section fifty-two A, to 
supply, construct, reproduce, repair, rehne, add or direct the 
application of any substance, of a durable nature, to den- 
tures, bridges, appliances or other structures to be used and 
worn as substitutes for natural teeth; or if he places such 
substitutes in the mouth or adjusts the same. 

Section 2, Said chapter 112 is hereby further amended gfi^'lfo"' 
by striking out section 52A, as amended by chapter 253 of § 52a, etc.. 
the acts of 1937, and inserting in place thereof the following ^™*'" '^ ' 
section: — Section 52 A. No registered dentist, person prac- Dental 
ticing dentistry, or dental hygienist shall include, or permit rei'tdcte'tf^' 
or cause to be included, in any newspaper, radio, display 
sign, personal solicitation or other manner of advertising, 
any written or spoken words or statements of a character 
tending to deceive or mislead the public, or claiming pro- 
fessional superiority or the performance of professional serv- 
ices in a superior manner, or the performance of painless 
operations of a dental or oral surgical nature, or tending to 
solicit patronage for his business, services, advice or prod- 
ucts, or advertising fixed prices for professional services or 
materials or appliances, including dentures, bridges and other 
structures to be worn as substitutes for natural teeth, or the 
use of an}^ drug, nostrum, patent or proprietary medicine of 
an unknown formula, or advertising to use any system of 
anesthetics without truly and accurately naming the same 
or to use any such system unless such system is in fact used, 
or shall advertise with signs or printed advertisements, or 
by means of show cases, containing the representation of a 
tooth, teeth, dental restoration of ojiy kind or of whatsoever 
design or description or any portion of the human head or 
neck or photograph of any person, or shall make or set forth 
any promises, guarantees, offers, inducements, representa- 
tions, statements or rewards of a character tending to in- 
fluence, persuade or induce persons to seek, employ or 
patronize his business, service, advice or products; pro- 
vided, that, notwithstanding the foregoing, a person subject 
to this section may (1) use and distribute personal profes- 
sional cards setting forth his name, title, address or ad- 
dresses, telephone number or numbers and office hours, and, 
if he limits his practice to a specialty, containing a statement 
of such specialty; (2) use and distribute personal profes- 
sional cards or other notices announcing his change of ad- 
dress or his entrance into, absence from or return to busi- 
ness; (3) issue personal appointment cards to his patients, 
stating thereon the time and place of appointment and con- 



292 Acts, 1954. — Chap. 409. 

taining any statements hereinbefore authorized to be set 
forth in his personal professional cards ; (4) display his name 
and any such authorized statements, by means of a sign or 
signs at his residence or place of business, or both, or upon 
the windows thereof, or upon a door plate or in a building 
directory, so called, thereat ; and (5) insert his name and any 
such authorized statements in the pubhc print, in the form 
of advertisements or notices not more than one column in 
width nor more than two inches in depth. Nothing in the 
provisions of this section shall be construed to apply to or 
prohibit, restrict or limit the operations of the business of a 
dental laboratory. 
Ed^'m^new Section 3. Said chapter 112 is hereby further amended 
§52C. added, by inserting after section 52B, inserted by chapter 281 of 
the acts of 1934, the following section : — Section 52C. No 
Same pcrsou engaged in the business of supplying, constructing, 

subject. reproducing, rehning, repairing, adding or directing the 

application of any substance of a permanent nature to den- 
tures, bridges, appliances or other structures to be worn as 
substitutes for natural teeth shall advertise his services, 
technique or materials to the general public by means of 
advertisements in public newspapers, magazines or by radio 
or television display advertisements excepting, advertise- 
ments in professional or trade papers, trade journals, trade 
directories, trade periodicals, trade magazines, and in the 
public telephone directories; nor shall any person so engaged 
in any way directly solicit the patronage of the general pub- 
lic for any dental services, dental materials or dental ap- 
pliances. Approved May 13, 1954. 

Chaj)A09 An Act providing for advance payments to the metro- 
politan TRANSIT AUTHORITY WITH RESPECT TO CERTAIN 
DEFICIENCIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 544 of the acts of 1947 is hereby 
amended by inserting after section 13 the following sec- 
tion: — Section ISA. If during any calendar year the 
trustees, in their opinion, have not sufficient cash to make 
the payments required in the course of their management 
and operation of the transportation system and other prop- 
erties under their control, the trustees may, from time to 
time during such year, certify to the state treasurer an 
amount which together with all amounts previously paid 
in such year to the authority under this section shall not 
exceed the amount by which the income of the authority 
has failed to meet the cost of the service as estimated by 
the trustees for that portion of such year which has expired 
up to the date of such certification; and the commonwealth 
shall thereupon pay over to the authority the amount so 
certified. If payments made by the commonwealth during 
any calendar year under this section exceed the amount of 
the deficiency as of the last day of such calendar year which 



Acts, 1954. — Chap. 410. 293 

the commonwealth shall be called upon to pay under section 
thirteen, such excess shall be repaid to the commonwealth 
by the authority at the time the trustees notify the state 
treasurer of the amount of such deficiency or, if there is no 
such deficiency, at the time the trustees ascertain that there 
is no such deficiency. Any amounts which the common- 
wealth shall be called upon to pay the authority under this 
section during any calendar year, less any repa3anents to 
the commonwealth under this section, shall be treated as 
payments on account of the amount wliich the common- 
wealth shall be called upon to pay under section thirteen 
with respect to a deficiency as of the last day of such calendar 
year; and the interest and other charges incurred by the 
state treasurer in borrowing money under this section shall 
be treated as interest incurred by the state treasurer in 
borrowing money under section thirteen. In order to meet 
any payment required of the commonwealth under this 
section the state treasurer may borrow at any time, in 
anticipation of the assessments to be levied in the following 
year under section thirteen, upon the cities and towns con- 
stituting the authority, such sums of money as may be 
necessary to make said payments and he shall repay any 
sums so borrowed as soon after said assessments are paid 
as is expedient. 

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

Approved May IS, 1954. 

An Act relative to the collection of a monthly license fUnj) 41 n 

FEE FOR trailer COACHES LOCATED IN TRAILER COACH * 
PARKS. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to change forthwith certain ^^^^^ 
provisions of the law relative to the collection of certain 
license fees for certain trailer coaches, therefore this act is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Chapter 140 of the General Laws is hereby amended by g. l. (Xer. 
striking out section 32G, as most recently amended by f 32G!ttc 
section 1 of chapter 583 of the acts of 1952, and inserting in amended. ' 
place thereof the following section : — Section 32G. In Collection of 
addition to the license fee provided for under section thirty- certain u-luer 
two B, each trailer coach park owner or operator licensed coaches, 
under said section shall pay an additional hcense fee of four '^''^^ 
dollars per month or major fraction thereof, on account of 
each trailer coach occupying space within the said trailer 
coach park. Such license fee shall be collected by the trailer 
park operator from the owner or occupant of each trailer 
so occupying space in such trailer park at the end of each 
said month or major fraction thereof, and shall be deposited 
with the collector of taxes in the city or town in which the 



294 Acts, 1954. — Chap. 411. 

trailer coach park is located not later than the tenth day of 
the month next following. The trailer park operator shall, 
not later than the fifth day of each month, file with the 
licensing authority a list containing the amounts collected 
together with the name and address of each owner or occu- 
pant of a trailer coach occupying space during the preceding 
month. The hcensing authority shall forthwith commit 
the list to the collector of taxes in the city or town in which 
the trailer coach park is located for collection. Such a 
collector shall in the collection of such accounts have all the 
remedies provided by sections thirty-five, thirty-six and 
ninety-three of chapter sixty for the collection of taxes on 
personal property. The collector of taxes shall, once in 
each week or oftener, pay over to the city or town treasurer 
all money received by him during the preceding week or 
^o^property ^^sscr period ou accouut of such Hcense fees. Each trailer 
tax granted. coacli subjcct to tlic liccuse fee provided for in tliis section 
shall be exempt from any property tax as provided in clause 
Thirty-sixth of section five of chapter fifty-nine. 

The collector of taxes shall report to the licensing au- 
thority any failure to deposit with him any Hcense fee so 
collected, and any failure by a trailer park operator to 
collect any license fee provided for under this section or to 
deposit with the collector of taxes any license fee so collected 
shall be deemed cause for the revocation of any license 
poni.ity. granted under section thirty-two B. In addition, any wilful 

failure to deposit with the collector of taxes a license fee 
which has been so collected shall be punishable by a fine of 
not less than ten nor more than one hundred dollars for 
each fee so collected and not deposited. 

Approved May IS, 19o4- 

Chap All An Act relative to the retirement rights of the female 

EMPLOYEES OF THE CAFETERIAS OF THE DANVERS SCHOOL 
DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
three of chapter five hundred and forty-three of the acts of 
nineteen hundred and fifty-one, or any provision of general 
or special law, the female employees of the cafeterias of the 
Danvers school department, for the purpose of determining 
their respective retirement rights under the contributory 
retirement system of the town of Danvers, shall be allowed 
as creditable service all service rendered by them in the 
cafeterias of the Danvers school department; provided, 
that they shall pay into the annuity savings fund, in one 
sum or in instalments, an amount equal to that which would 
have been withheld as regular deductions from their regular 
compensation had they joined the system when first eligible 
to become members, together with regular interest. 

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

Approved May 13, 1954. 



Acts, 1954. — Chaps. 412, 413. 295 

An Act authorizing fire district number two in the Char)A\2 

TOWN OF SOUTH HADLEY TO BORROW MONEY FOR WATER 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Fire District Number Two in the Town of 
South Hadley, for the purpose of paying the necessary ex- 
penses for improving its water supply system and in order to 
improve the adequacy and rehabihty of water service for 
fire protection and for domestic use, and more particularly, 
but without limiting the generahty of the foregoing, for the 
following additions, extensions and improvements to the 
existing water supply system, including acquisition of lands 
and easements in connection therewith: (1) Prospect Hill 
standpipe, including foundation, drain and twelve-inch 
connection to the existing Park street six-inch pipe ; (2) Park 
street twelve-inch pipe from College street to connect with 
standpipe; (3) force main from pumping station to existing 
standpipes, force main to be eight-inch from pumping station 
to Moody Corner and then ten-inch to standpipe; (4) addi- 
tions and alterations to main pumping station, including 
new pumps, motors, automatic controls, chlorinator and 
all related piping and electrical work; (5) Lythia Springs 
pipehne from existing reservoir to end of existing pipeline 
at Elmer Brook pumping station, proposed pipe to be eight- 
inch; (6) Hosier street eight-inch main forty-five hundred 
feet to connect with existing main on College street; and 
(7) new filter bed, may borrow from time to time within 
five years from the passage of this act such sums of money 
as may be necessary, not exceeding in the aggregate, two 
hundred and twenty-five thousand dollars, and may issue 
bonds or notes of the district which shall bear on their face 
the words, Fire District Number Two in the Town of South 
Hadle.y Water Loan, Act of 1954. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
paid in not more than twenty years from their dates. In- 
debtedness incurred under this act shall be within the 
statutory limit of indebtedness for districts authorized by 
chapter forty-four of the General Laws, and, except as 
otherwise provided by this act, shall be subject to the appli- 
cable provisions of said chapter. 

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

Approved May 13, 1954. 

An Act relative to the retirement allowance of ChnpAlS 

FREDERICK D. WETHERBEE, AN EMPLOYEE OF THE TOWN OF 
BARNSTABLE. 

Be it enacted, etc., as follows: 

Section L Notwithstanding any provision of law to 
the contrary, the Barnstable county retirement board 
shall, in computing the retirement allowance of Frederick 
D. Wetherbee, an employee of the town of Barnstable, 



296 Acts, 1954. — Chaps. 414, 415. 

allow him credit for all periods of time, prior to April third, 
nineteen hundred and fifty, during which he was in the 
employ of said town and in the naval service of this country 
or receiving hospital care or treatment as a result of a dis- 
ability incurred during said naval service. 

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

Approved May 13, 1954. 

ChapA14 An Act to validate the laying out, alteration, re- 
location OR discontinuance of certain public ways 
IN the town of longmeadow. 

Be it enacted, etc., as follows: 

Section 1. The laying out, alteration, relocation or 
discontinuance of all public ways in the town of Long- 
meadow, in so far as such laying out, alteration, relocation or 
discontinuance may be invahd by reason of failure to com- 
ply with the provisions of section eighty-one I of chapter 
forty-one of the General Laws, are hereby validated and 
confirmed. 

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

Approved May 13, 1954- 

ChapA15 An Act relative to the payment by the town of somer- 
set OF THE costs OF ITS SEWERAGE AND SEWAGE DISPOSAL 
SYSTEM OR SYSTEMS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 17 of the acts of 1953 is hereby 
amended bj'- striking out section 7 and inserting in place 
thereof the following section: — Section 7. The town shall, 
by vote, determine whether it shall pay the whole or a por- 
tion of the cost of said system or systems of sewerage and 
sewage disposal and if a portion, what proportion. If the 
town votes to pay less than the whole cost, in providing for 
the payment of the remaining portion of the cost 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, apportion- 
ment, division, reassessment, abatement and collection of 
sewer assessments to hens 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 that any portion 
of the cost is to be borne by the town, it may by vote deter- 
mine 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 com- 
missioners, or to the selectmen acting as such, who shall pre- 
serve a record thereof. 

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

Approved May 13, 1954. 



Acts, 1954. — Chaps. 416, 417. 297 

An Act authorizing the conveyance of certain state ChavAlQ 

LAND TO boston POLICE POST NO. 1018, VETERANS OF 
FOREIGN WARS OF THE UNITED STATES, INC. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of mental health, in the 
name and on behalf of the commonwealth, is hereby au- 
thorized, subject to the approval of the governor and coun- 
cil, to convey for a nominal consideration to Boston Police 
Post, No. 1018, Veterans of Foreign Wars of the United 
States, Inc. all the right, title and interest of the common- 
wealth in and to a triangular parcel of land at the Boston 
state hospital, bounded as follows: — Southerly by the 
American Legion Highway; westerly by Morton street; 
and northerly by Canterbury street. In the event that a 
structure, such as a club house to be used as a recreational 
or educational center, is not constructed on said land by the 
grantee on or before the first day of January, nineteen hun- 
dred and fiftj'^-nine, then title to all of said land shall revert 
to and be vested in the commonwealth. The deed convey- 
ing said land shall be approved as to its form by the at- 
torney general. 

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

Approved May IS, 1954. 



An Act relative to the use of the unexpended pro- Chap. 4:17 

CEEDS OF certain BOND ISSUES OF THE METROPOLITAN 

transit authority. 
Be it enacted, etc., as follows: 

Section 1. Section 6 A of chapter 649 of the acts of 1949, 
inserted by section 3 of chapter 197 of the acts of 1953, is 
hereby amended by adding at the end thereof the following 
sentence: — If said advisory board votes after March nine- 
teenth, nineteen hundred and fifty-three not to approve any 
of the projects authorized by sections two, three, three A or 
three B of this act, the unexpended proceeds of any bonds 
previously issued by the authority to obtain funds for such 
project may be used by the authority for the purpose of 
making alterations under paragraph (i) of section eight A 
of chapter five hundred and forty-four of the acts of nine- 
teen hundred and forty-seven, or of restoring to the treasury 
of the authority funds expended for such purposes, 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; provided, 
however, that of said unexpended proceeds not more than 
one hundred thousand dollars shall be used for any one al- 
teration project without the approval of said advisory board. 

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

Approved May 13, 1954, 



298 Acts, 1954. — Chap. 418. 

ChapAlS An Act relative to the height to which buildings 

MAY BE CONSTRUCTED ON THE LAND AT THE SOUTHERLY 
CORNER OF COMMONWEALTH AVENUE AND ARLINGTON 
STREET IN THE CITY OF BOSTON. 

preambiT* Wkcreas, The deferred operation of this act would tend 

to defeat its purpose, wliich is to make immediate provision 
relative to the height of certain buildings to be erected, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
vemence. 

Be it enacted, etc., as follows: 

Section 1. It is hereby declared that the land described 
in section two of this act has through continued unoccu- 
pancy of certain of the buildings thereon become decadent 
to such an extent as to be detrimental to the area in which 
it is situated; that the rehabihtation of said land is being 
thwarted by the provisions of existing law restricting the 
height to which a building may be erected thereon; that 
said land is adjacent to premises on which a building has been 
constructed to the height of one hundred and fifty- five feet; 
that the value of said land is disproportionate to a building 
of any lesser height than one hundred and fifty-five feet; 
that the construction of a building on said land to a height 
of one hundred and fifty-five feet would enable said land to 
be put to its most beneficial use without substantial detri- 
ment to the public good and without substantially dero- 
gating from the intent or purpose of the aforesaid height 
restrictions; and that the enactment of section two of tliis 
act is hereby declared to be for the good and welfare of the 
community. 

Section 2. Any provision of general or special statute, 
ordinance, rule or regulation to the contrary notwithstand- 
ing, any building otherwise conforming to law may be 
erected to a height of one hundred and fifty-five feet on the 
land in the city of Boston bounded northerly by Common- 
wealth avenue, easterly by Arlington street, southerly by 
public alley number four hundred and thirty-seven, and 
westerly by a line parallel with, and one hundred and forty- 
seven feet westerly from, the westerly line of Arlington 
street; provided, however, that no building shall at any time 
be erected on said land except in accordance with plans ap- 
proved by the parks and recreation commission of said city. 

Section 3. This act shall take effect upon its acceptance 
by vote of the city council of the city of Boston, subject to 
the provisions of its charter, but not otherwise. 

Approved May 13, 1954. 



Acts, 1954. — Chap. 419. 299 



An Act relative to the care and maintenance of cer- (Jhn^ 41 o 

TAIN areas under THE CONTROL OF THE DEPARTMENT 

of natural resources, the apportionment of the 
costs of the division of public beaches in the de- 
partment of public works, and establishing the 
State recreation areas fund. 

Be it enacted, etc., as follows: 

Section 1. Chapter 132 A of the General Laws is hereby g. l. (Ter. 
amended by striking out the title thereof and inserting in new'tiUe^' 
place thereof the following title: — state recreation areas inserted. 
outside of the metropolitan parks district. 

Section 2. Section 1 of said chapter 132A, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking fmended.^' * ^' 
out, in line 1, the word "conservation" and inserting in 
place thereof the words : — natural resources, — so as to 
read as follows: — Section 1. The commissioner of natural Acceptance 
resources, in this chapter called the commissioner, with commLio^ner 
the approval of the governor and council, may accept in o^gmsr*^ 
trust, on behalf of the commonwealth, bequests or gifts authorized. 
to be used for the purpose of advancing the recreational and 
conservation interests and policies of the commonwealth, 
and shall administer the same in such manner as to carry 
out the terms of such bequests or gifts, and he may, subject 
to hke approval, accept on behalf of the commonwealth, 
gifts of land outside of the metropohtan parks district to 
be held and managed for recreational and conservation 
purposes. All moneys and securities received hereunder 
shall be transferred forthwith to the state treasurer, who 
shall administer the same as provided by section sixteen 
of chapter ten. 

Section 3. Section 2 of said chapter 132A, as amended Edh/^2A" 52. 
by section 37 of chapter 490 of the acts of 1941, is hereby etc.. 'amended.' 
further amended by striking out, in line 9, the words "parks 
and recreation" and inserting in place thereof the words: 
— forests and parks, — and by striking out, in line 10, the 
word "conservation" and inserting in place thereof the 
words : — natural resources, — so as to read as follows : — 
Section 2. The commissioner, with like approval, on peti- Assumption 
tion of any board or commission charged with the care and maintenance 
maintenance of any park or reservation owned by the parks*or'* 
commonwealth outside of the metropolitan parks district, reservations, 
with the approval of the county commissioners of the county ^"* °"^^ 
or counties wherein such park or reservation is situated, 
except in cases where said county commissioners are the 
petitioners, may, on behalf of the commonwealth and acting 
through the division of forests and parks in the department 
of natural resources, in sections three to nine, inclusive, 
called the division, assume the care and maintenance of 
such park or reservation, and thereafter shall expend for the 
care and maintenance thereof such sums as may be appro- 
priated therefor. 



300 



Acts, 1954. — Chap. 419. 



G. L. (Ter. 
Ed.), 132A, J 4, 
amended. 



Apportion- 
ment of 

expenses among 
cities and 
towns, how 
determined. 



G. L. (Ter. 
Ed.), 132A. 
new § 10, 
added. 
State 

Recreation 
Areas Fund, 
established. 



G. L. (Ter. 
Ed.), 10, § 16, 
amended. 



Duties of state 
treasurer in 
connection 
with certain 
trust funds. 



Section 4. Section 4 of said chapter 132A, as appearing 
in the Tercentenary Edition, is hereby amended by inserting 
after the word "in" in hne 6, the words: — , and to meet 
the expenses, costs and deficiencies of the division of public 
beaches in the department of pubhc works, — so as to read 
as follows : — Section 4- 1'he proportion in which each 
city and town of the commonwealth, exclusive of those com- 
prising the metropolitan parks district, but including Co- 
hasset, shall annually pay money into the treasury of the 
commonwealth to meet the expenses incurred under this 
chapter, and the cost of maintaining the division, and any 
deficiency in the amounts previously paid in, and to meet 
the expenses, costs and deficiencies of the division of pubhc 
beaches in the department of public works, shall annually 
be determined by the state treasurer according to the average 
percentage of valuation and population, determined as to 
any city or town by adding together the percentage which 
the valuation of the same bears to the total valuation of the 
cities and towns of the commonwealth, exclusive of those 
comprising said district, but including Cohasset, and the 
percentage which the population of such city or town bears 
to the total population of the cities and towns of the com- 
monwealth, exclusive of those comprising said district, but 
including Cohasset, and dividing this sum by two. 

Section 5. Said chapter 132A is hereby further amended 
by inserting after section 9 the following section: — Sec- 
tion 10. Moneys received by the department of natural 
resources pertaining to state parks and reservations out- 
side the metropolitan parks district and moneys received by 
the division of public beaches in the department of public 
works shall be credited on the books of the commonwealth 
to a fund to be known as the State Recreation Areas Fund 
which shall be successor to the Parks and Salisbury Beach 
Reservation Fund and be expended, subject to appropriation 
and the laws relating to state finances, for the purposes of 
state parks, reservations and pubhc beaches outside the 
metropolitan parks district. 

Section 5A. Section 16 of chapter 10 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in lines 4 and 5, the words "con- 
servation under section one hundred and fifteen" and in- 
serting in place thereof the words: — natural resources 
under section ninety, — so as to read as follows: — »Sec- 
tion 16. He shall invest, reinvest and hold in the name of the 
commonwealth any money or securities, or the proceeds 
thereof, received from the department of education under 
section three of chapter sixty-nine, or from the commissioner 
of natural resources under section ninety of chapter one 
hundred and thirty-one, under section two of chapter one 
hundred and thirty-two or under section one of chapter one 
hundred and thirty-two A, or from the trustees of the state 
Hbrary under section thirty-seven A of chapter six, and shall 
disburse the income or principal thereof on the order of the 



Acts, 1954. — Chaps. 420, 421. 301 

commissioner of the department having charge of the work 
in aid of which the gift or bequest was made, or on the order 
of the trustees of the state Ubrary in case of gifts or bequests 
for the use of the state hbrary; provided, that no disposition 
of either income or principal shall be made which is incon- 
sistent with the terms of the trust on which the property is 
held. He shall be responsible on his bond for the faithful 
management of all such property. 

Section 6. This act shall take effect on July first, nine- Effective 
teen hundred and fifty-four. Approved May 13, 1954. ^^*®' 



An Act relative to the amount of pensions of laborers Qhnr) 420 

EMPLOYED BY THE CITY OF BOSTON AND RETIRED UNDER ^' 

A CERTAIN SPECIAL LAW. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 413 of the acts of 1911 
is hereby amended by striking out the last sentence, in- 
serted by section 1 of chapter 377 of the acts of 1949, and 
inserting in place thereof the following sentence: — A laborer 
retired under the provisions of this section shall, if at the time 
of retirement he has attained age sixty-five and has been in 
the service of the city of Boston for a period of not less than 
thirty-five years, receive for the remainder of his life an an- 
nual pension of fifteen hundred dollars; otherwise, of twelve 
hundred dollars. 

Section 2. The pension of every laborer retired before 
the effective date of this act under said chapter four hundred 
and thirteen, as amended, shall be paid from and after the 
first day of the calendar month next following the acceptance 
of this act in the amount estabhshed by the provisions of this 
act. 

Section 3. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the city of Boston, 
subject to the provisions of its charter, but not otherwise. 

Approved May IS, 1954. 



An Act relative to the appointment of a superintend- (Jhav 421 

ENT OF public WORKS BY THE SELECTMEN OF THE TOWN 
OF BILLERICA. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law the board 
of selectmen of the town of Billerica is hereby authorized to 
appoint, and fix the compensation of, a superintendent of 
public works, who shall administer, under the supervision 
and direction of the selectmen, such departments of the 
town under their control as they may designate. He shall 
hold office subject to the will of the selectmen. He shall be 
an engineer specially fitted by education, training and ex- 
perience to perform the duties of said office and may or may 



302 Acts, 1954. — Chaps. 422, 423. 

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 
bond for the faithful performance of his duties, in such sum 
and with such surety or sureties as the selectmen may re- 
quire, and shall, subject to the approval of the selectmen, 
appoint such assistants, agents and employees as the per- 
formance of the duties of such departments may require. 
He shall keep full and complete records of the doings of his 
ofhce and render to the selectmen as often as they may re- 
quire a full report of all operations under his control during 
the period reported upon; and annually, or from time to 
time as required by the selectmen, he shall make a synopsis 
of all such reports for publication. He shall keep the select- 
men fully advised as to the needs of the town within the 
scope of his duties and shall furnish to the selectmen, on or 
before January fifth in each year, a carefully prepared and 
detailed estimate in writing of the appropriations required 
during the ensuing fiscal year for the proper conduct of all 
departments of the town under his supervision. 

Approved May 13, 1954. 



ChavA22 ^^ ^^'^ authorizing the town of billerica to transfer 
A certain sum of money from the water main ac- 
count to the filter and pumping station account. 

Be it enacted, etc., as follows: 

The town of Billerica is hereby authorized to transfer a 
sum not exceeding sixty thousand dollars from the appro- 
priation of two hundred and fifty thousand dollars voted 
under Article 16 in the annual town meeting held March 
fourteenth, nineteen hundred and fifty-three, for water mains 
of more than sixteen inches in diameter which was financed 
by the issuance of a loan for twenty-five years, to the appro- 
priation voted for filter and pumping station which was 
financed by a loan for twenty years. 

Approved May 13, 195J^. 



ChapA23 An Act permitting james paul Dallas to become a 
member of the state-boston retirement system. 

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 a teacher in the pubhc schools of the city of Boston, James 
Paul Dallas may, any provision of general or special law to 
the contrary notwithstanding, become a member of the State- 
Boston retirement system by filing with the Boston retire- 
ment board, within and not later than sixty days from the 
effective date of this act, an application on a prescribed form 
for membership in the State-Boston retirement system; but 



Acts, 1954. — Chap. 424. 303 

he shall not be entitled to full credit for service rendered 
prior to the date of his becoming such member unless, within 
six months from the effective date of this act or such further 
time, in the event of obvious hardship, as the Boston retire- 
ment board may in its discretion allow, he shall have paid 
into the annuity savings fund of the State-Boston retirement 
system, in one sum, or in installments upon such terms and 
conditions as said retirement board may prescribe, make-up 
pajonents of a sum equal to the difference between the con- 
tributions he has made to the Boston retirement system 
since January first, nineteen hundred and forty-seven, and 
the contributions he would have made had he joined the 
State-Boston retirement system on that date, together with 
regular interest thereon. Upon the completion of such 
make-up payments he shall be entitled to all creditable serv- 
ice to which he would have been entitled had he joined the 
State-Boston retirement system when first eligible to be- 
come a member. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of the city of Boston, with the approval of its mayor, but 
not otherwise. Approved May 13, 1954. 



An Act providing for the recognition of certain rhn^) 424 

SERVICE rendered BY DENTISTS AND DENTAL HYGIENISTS ^ * 

in the CITY OF BOSTON AS CREDITABLE SERVICE UNDER 
CERTAIN RETIREMENT SYSTEMS. 

Be it enacted, etc., as follows: 

Section 1. Any dentist or dental hygienist in the health 
department of the city of Boston who, on the effective date 
of this act, is a member of the Boston retirement system 
or of the State-Boston retirement system, and who, at any 
time between February first, nineteen hundred and twenty- 
three, and the effective date of chapter three hundred and 
twenty-six of the acts of nineteen hundred and forty-three, 
rendered service in a position made subject to the civil service 
laws and rules by said chapter three hundred and twenty- 
six for which he was paid by the Forsyth Dental Infirm9,ry 
for Children may, within three years from the effective 
date of this act or such further time, in the event of obvious 
hardship, as the Boston retirement board may in its dis- 
cretion allow, pay into the annuity savings fund of the 
retirement system of which he is a member, in one sum, or in 
instalments upon such terms and conditions as said retire- 
ment board may prescribe, make-up payments in a sum 
equal to the amounts which, under the Boston retirement 
act, would have been withheld from his compensation for 
services so rendered during said period had he been recognized 
by the Boston retirement board as an employee of the city 
of Boston and a member of the Boston retirement system, 
together with regular interest thereon. Upon the com- 



304 Acts, 1954. — Chap. 425. 

pletion of such make-up payments, such member shall 
receive the same credit for services so rendered as would 
have been allowed had such services been recognized by the 
Boston retirement board as rendered by an employee of the 
city of Boston. In the event any retirement allowance 
becomes effective prior to the completion of such make-up 
paj^ments, such member shall, in addition to credit for his 
actual membership service, be entitled to credit for that 
proportion of service rendered by him as aforesaid which 
the total amount of his make-up payments actually made, 
together with regular interest thereon to the date his retire- 
ment allowance becomes effective, bears to the total amount 
of what his make-up pajonents, together with regular interest 
thereon to such latter date, would have been had he made 
payment thereof in one sum on such latter date. 

Section 2. Any provision of law to the contrary not- 
withstanding, any person who does not come within the 
terms of section one of this act solely because of separation 
from the service by reason of having attained age seventy 
since July first, nineteen hundred and fifty-three, but who, 
if this act had taken effect on said July first, would have 
come within the terms of said section, shall, if within three 
months after the effective date of this act he deposits in the 
annuity savings fund of whichever of the retirement systems 
specified in section one he was a member on said July first 
the make-up payments required by section one and, in 
addition, the amount paid to him from such fund when he 
became separated from the service, be reinstated as a mem- 
ber of such retirement system and as a dentist or dental 
hygienist in the health department of the city of Boston for 
the sole purpose of being retired. Upon such reinstatement, 
he shall forthwith, but effective as of the last day of the 
month in which he attained age seventy, be retired under the 
provisions of law in effect for such system on the day he 
attained age seventy; provided, that section one of this act 
shall be deemed to have been one of such provisions. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of the city of Boston, with the approval of its mayor, but 
not otherwise. Approved May 13, 1954- 

ChapA25 -^^ Act increasing the membership of the Massachu- 
setts HIGHWAY SAFETY COMMITTEE. 

Be it enacted, etc., as follows: 
G. L. (Ter Chapter 90A of the General Laws is hereby amended by 

etc!, amended.' Striking out scctiou 1, as appearing in section 1 of chapter 

570 of the acts of 1953, and inserting in place thereof the 
MaMncfmai'tt*/ foUowing sectioui — Section 1. There shall be in the execu- 
Highway tive department a committee to be known as the Massa- 

Committee. chusctts Highway Safety Committee, hereinafter referred 

to as the committee. The committee shall consist of the 

registrar of motor vehicles as permanent chairman, the 



Acts, 1954. — Chaps. 426, 427. 305 

attorney general, the commissioner of insurance, the com- 
missioner of public works, the commissioner of public safety, 
the commissioner of education, the chairman of the youth 
service board, the chairman of the metropolitan district 
commission, the commissioner of mental health, and five 
members to be appointed by the governor, one of whom shall 
be a representative of a safety organization and two of 
whom shall be representatives of labor organizations repre- 
senting chauffeurs, truck drivers, bus operators, or others 
employed in the operation of motor vehicles. The governor 
shall be honorary chairman of the conmaittee. The members 
appointed by the governor shall serve for a term of three 
years. The members of the committee shall receive no 
compensation for service on the committee. The committee 
shall have no power or authority except as specifically 
provided by law. Approved May 13, 1954. 

An Act authorizing the town of needham to use cer- CfiapA2Q 

TAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

The town of Needham is hereby authorized to use for 
school purposes the whole or such portion of certain park 
land located in said town, bounded westerly by land now or 
formerly of T^rnest Riley, northerly by the south bound of 
Spruce street and an extension of said bound to the Ernest 
Hiley land, easterly by Linden street and southerly by the 
present High Rock School land, as the town, by vote at an 
annual or special town meeting held within three years after 
the passage of this act, shall determine; and after such vote 
such land shall be under the same care and control as other 
school property. Approved May 13, 1954. 

An Act authorizing the city of lynn to pay a sum of Cha7)A27 

MONEY TO HELEN E. CONNOLLY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, and in consideration of the long and efhcient service 
of Thomas Frank Connolly as a member of the police de- 
partment of the city of I^ynn, said city ma.y appropriate and 
pay to Helen E. Connolly, widow of said Thomas Frank 
Connolly, so long as she shall remain unmarried, a payment 
not to exceed fifteen hundred dollars per year the same to 
be paid in equal monthly instalments for the rest of her life. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, subject to the provisions of its charter. 

Approved May 13, 1954. 



306 



Acts, 1954. — Chaps. 428, 429, 430. 



ChapA28 An Act relative to eligibility of members of housing 

AUTHORITIES. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 26L of chapter 
121 of the General Laws, as appearing in section 1 of chap- 
ter 574 of the acts of 1946, is hereby amended by inserting 
after the second sentence the following sentence : — Mem- 
bership in a housing authority shall be restricted to residents 
of the city or town. 

Section 2. Section 26M of said chapter 121, as inserted 
by said section 1 of said chapter 574, is hereby amended by 
adding at the end the following: — A member who ceases to 
be a resident of the city or town shall be removed upon the 
date of his change of residence by operation of law. 

Section 3. Notwithstanding the provisions of this act 
a member of a city housing authority, who, on the effective 
date of this act, is not a resident of said city, may, with the 
approval of the appointing authority, continue to serve as 
such until the completion of his term. 

Section 4. The provisions of section three of this act shall 
not apply to the city of Boston. Approved May 13, 1954- 



G. L. (Ter. 
Ed.), 121, 
§ 26L, etc., 
amended. 



Membership 
of housing 
authorities, 
restricted. 
G. L. (Ter. 
Ed.), 121, 
§ 26M, etc., 
amended. 
Residence 
restriction. 



Exception. 



Inapplicable 
to Boston. 



ChapA29 An Act providing that an employee in the bureau of 
accounts be designated to perform the duties of the 
director of said bureau under certain conditions. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide for uninterrupted 
service in the bureau of accounts, therefore it is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Ed.)','i4!'^§'i. Section 1 of chapter 14 of the General Laws, as appearing 
etc., 'amended, in scctiou 1 of chapter 654 of the acts of 1953, is hereby 
amended by adding at the end the following sentence : — 
of*'ac°counts!"^°'^ The commissioucr may designate a competent employee in 
the bureau of accounts to perform the duties of the director 
of accounts in case of his absence, death or disability; and 
notes of counties, towns and districts, when certified by 
such employee, shall have the same validity as if certified 
by the director. Approved May 17, 1954- 



ChapASO An Act authorizing and directing the director of 
civil defense to approve the payment op overtime 
pay to certain policemen. 
Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of 
law to the contrary, the director of civil defense is hereby 
authorized and directed to approve overtime pay rather 



Acts, 1954. — Chap. 431. 307 

than time off, for all regular city and town police who per- 
formed overtime duties during the tornado emergency 
period in the cities and towns affected by the tornado in 
Worcester county on June ninth, nineteen hundred and 
fifty-three, and to approve reimbursement to cities and 
towns for such paj'^ments out of the five million dollars 
emergency tornado funds appropriated by the general 
court to assist cities and towns affected thereby. 

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

Approved May 17, 1954. 



An Act permitting the coverage of employees of ChavASl 

INSTRUMENTALITIES OF THE COMMONWEALTH OF MASSA- 
CHUSETTS UNDER THE EMPLOYMENT SECURITY LAW. 

Whereas, The deferred operation of this act would tend ^^Ta^bie"^ 
to defeat its purpose, which is to provide for the immediate 
coverage under the employment security laAv of employees 
of certain instrumentalities of the commonwealth, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Subsection (/) of section 6 of chapter 151 A S^^■/'^T5 
of the General Laws, as appearing in section 1 of chapter 685 etc., 'amended.' 
of the acts of 1941, is hereby amended by adding after the 
word "thereof", in Une 11, the following:—; provided, ^^'pf^^^^^f^' 
however, that the term " emploj^ment " shall include services security law. 
performed by an individual for an instrumentality of the ^'^ ^"^ ^ ■ 
commonwealth whenever such instrumentality has been 
authorized to become liable for pa}/ments instead of con- 
tributions, and has otherwise complied with the provisions 
of subsection (o) of section fourteen. 

Section 2. Section 14 of said chapter 151 A, as most g. l. (Ter. 
recently amended by chapter 397 of the acts of 1953, is §i4,'eto.. ' 
hereby further amended by adding at the end the following amended, 
subsection : — 

(o) Any instrumentality of the commonwealth having Coverage oi 

1 ji • 1 , • f -i 1 T. n 1, certain state 

been authorized to insure any oi its workers shall become employees, 
liable for payments in lieu of contributions under this section regulated, 
by filing with the director notice of authorization and request 
for coverage. Such notice shall clearly specify the classes 
of employees to be included in such coverage. 

Effective the first day of the week immediately following 
such notice, services performed for such an instrumentahty 
shall, for the purpose of insuring its present and former 
employees, be deemed to have been employment subject 
to this chapter, and wages paid for such services shall be 
used in the computation of benefits. 

Such instrumentahty shall be liable for payments in lieu 
of contributions required of employers hable for contribution 
under this chapter, and shall pay into the fund an amount 



308 



Acts, 1954. — Chap. 432. 



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

Computation 
of benefits, 
regulated. 



equivalent to the amount of benefits and dependency allow- 
ances paid to claimants who during the applicable base 
period were paid wages by such instrumentahty which were 
used to compute such benefits. The amount of payments 
required under this subsection shall be ascertained as soon 
as practicable at the end of each month or quarter, and 
request for payment shall be made to the instrumentality. 

In addition to said payments in lieu of contributions the 
instrumentality shall also be liable for the payment of the 
administrative costs of the payment of such benefits. The 
director shall as soon as practicable at the end of each quarter 
ascertain such costs and shall submit a statement setting 
forth the amount of such administrative costs to the instru- 
mentality against whom benefit charges were made. 

If an instrumentahty shall fail to make any of the pay- 
ments required by this subsection within thirty days after 
the submission of a statement setting forth the amount of 
such payment by the director, no further benefit payments 
shall be made by the director until the overdue payments in 
lieu of contributions have been made to the division by the 
instrumentahty. 

Section 3. Section 28 of said chapter 151A, as appearing 
in section 1 of chapter 685 of the acts of 1941, is hereby 
amended by adding at the end the following paragraph : — 

Wages earned for services performed by an employee of 
an instrumentality of the commonwealth which has become 
Uable for payments in lieu of contributions under sub- 
section (o) of section fourteen shall not be included in the 
computation of benefits under this chapter when said em- 
ployee has been retired from active service and is receiving 
severance or separation pay, or a retirement allowance or 
pension, if said retirement allowance or pension was financed 
totally or in part by said instrumentality; provided, how- 
ever, that old age and survivors insurance benefits under 
the federal social security act shall not be considered as such 
a pension. Approved May 17, 1954. 



ChapAS2 An Act relative to certain powers of the mystic river 

BRIDGE AUTHORITY. 

Be it enacted, etc., as follows: 

Section 5 of chapter 562 of the acts of 1946 is hereby 
amended by striking out clause (d) and inserting in place 
thereof the following clause: — 

(d) To adopt by-laws and to fix penalties for the regulation 
of its affairs and the conduct of its business; provided, 
however, that no penalty shall be in excess of fifty dollars. 

Approved May 17, 1954. 



Acts, 1954. — Chaps. 433, 434, 435. 309 

An Act authorizing the placing of the office of chief Chm)A3S 
OF police of the town of hingham under the civil 

SERVICE LAWS. 

Be it enacted, etc., as follows. • 

Section 1. The office of chief of police of the town of 
Hingham shall, upon the effective date of this act, become 
subject to the civil service laws and rules, and the tenure of 
office of any incumbent thereof shall be unlimited, subject, 
however, to said laws. The incumbent of said office on said 
effective date shall be subjected to a qualifying examination 
for said office by the division of civil service. If said incum- 
bent passes said examination he shall be certified for said 
office and shall be deemed to be permanently appointed 
thereto without serving any probationary period, and his 
tenure of office shall be unlimited, subject, however, to the 
provisions of said laws. 

Section 2. This act shall take effect upon its acceptance 
by the town meeting members at an annual or special to^vn 
meeting held within a year following its enactment. 

Approved May 17, 195 J^. 

An Act relative to the membership of the lowell Chaj).4:Z^ 
development and industrial commission, and the 

TERMS OF the MEMBERS THEREOF. 

Be it enacted, etc., as follows: 

Section 1 of chapter 330 of the acts of 1951, as most 
recently amended by section 1 of chapter 183 of the acts of 
1953, is hereby further amended by inserting after the first 
sentence the following two sentences : — The commission 
shall consist of twelve members to be appointed by the city 
manager for terms of three years. Of the members initially 
appointed hereunder, four members shall be appointed for 
terms of three years, four members for terms of two years 
and four members for terms of one year, and as the terms 
of office of the members terminate, their successors shall 
be appointed for terms of three years. 

Approved May 17, 1954- 

An Act further defining for certain tax purposes ChapASd 

THE term "machinery USED IN THE CONDUCT OF THE 

business". 

Whereas, The deferred operation of this act would tend JSwe^^ 
to defeat its purpose, which is to make efTective at once its 
provisions relative to the taxation of machinery used in the 
conduct of the business of certain corporations, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 
Be it enacted, etc., as follows: 

Section 1. Clause Sixteenth of section 5 of chapter 59 Ed.hso.ls. 
of the General Laws is hereby amended by inserting after etc., 'amended. 



310 Acts, 1954. — Chaps. 436, 437. 

the word "trade", in line 31, as appearing in section 1 of 
Tax chapter 232 of the acts of 1952, the words: — or any personal 

exemption. property directly used in the refrigeration of goods or in the 

air-conditioning of premises or in any purchasing, selling, 

accounting or administrative function. 
Effective SECTION 2. This act shall take effect as of January first, 

nineteen hundred and fifty-four. Approved May 17, 1954. 

ChapASQ An Act relative to the taxation of bonds of univer- 
sity OF MASSACHUSETTS BUILDING ASSOCIATION. 

frSbi"':^ Whereas, The deferred operation of this act would tend to 

defeat its purpose, which is to make available at once the 
exemptions granted therein, therefore, it is hereby declared 
to be an emergency law, necessary for the immediate pres- 
ervation of the public convenience. 

Be it enacted, etc., as follows: 

Ed.h eJ.l' 12. Section 12 of chapter 63 of the General Laws is hereby 
etc., 'amended', amended b}'- inserting after paragraph (l), inserted by chap- 
ter 354 of the acts of 1954, the following paragraph: — 

(m) Bonds issued by the University of Massachusetts 
Building Association. Approved May 18, 1954- 

ChapAS7 An Act authorizing the department of natural re- 
sources TO grant to the town of lee rights in the 

OCTOBER MOUNTAIN STATE FOREST IN THE TOWNS OF 
WASHINGTON AND LEE. 

Be it enacted, etc., as follows: 

Section 1. The department of natural resources is 
hereby authorized to grant to the town of Lee the right to 
use the waters of Finert^^ pond and Washington Mountain 
brook in the towns of Washington and Lee. Said department 
is further authorized to permit the erection of a dam or 
dams at said pond and on said brook as may be necessary 
for the establishment and maintenance of an effective water 
supply. 

The department of natural resources is hereby authorized 
to make rules and regulations relative to the use of lands 
and waters used for said purposes, which rules and regula- 
tions shall be consistent with the rules of the state depart- 
ment of public health concerning water supplies; provided, 
that nothing herein shall be deemed to prevent the depart- 
ment of natural resources from conducting proper forest 
management practices upon the watershed of these waters 
or to prohibit hunting and fishing and other recreation use 
of such land and waters. 

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

Approved May 18, 1954- 



Acts, 1954. — Chaps. 438, 439. 311 



An Act relative to the use of the name of funeral CJiav 438 

DIRECTORS IN CONNECTION WITH DEATH CERTIFICATES OR 
BURIAL PERMITS. 

Be it enacted, etc., as follows: 

Chapter 114 of the General Laws is hereby amended by g. l. (Ter 
inserting after section 45 the following section: — ^S^-c- §45a.^ added 
tion 45 A . No funeral director, whether doing business as uae of name 
an individual, partnership or corporation, shall permit his dfrJ^tors! 
name to be used in connection ^vith any death certificate or regulated. 
burial permit unless he was specifically engaged to perform 
the burial to which such permit or certificate relates. 

Any violation of this section shall be punished by a fine Penalty. 
of fifty dollars. Approved May 18, 1954. 



new 



An Act relative to suits in equity for specific per- CJiav 439 

FORMANCE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 214 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 1 the following section: — f ia, idded^"' 
Section lA. The fact that the plaintiff has a remedy at law suits in equity 
for damages shall not bar a suit in equity for specific per- '°erfo™lfnce 
formance of a contract, other than one for purely personal regulated. 
services, if the court finds that no other existing remedy, or 
the damages recoverable thereby, is in fact the equivalent 
of the performance promised by the contract relied on by the 
plaintiff, and the court may order specific performance if it 
finds such remedy to be practicable. If performance is not 
decreed, damages may be determined in the proceeding, and 
if the defendant claims a jury on that issue, the issue shall 
be framed and referred for jury trial. 

Section 2. Section 2 of said chapter 214, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking amende^d.' ^ ^' 
out, in lines 3 and 4, the words "the preceding section" and 
inserting in place thereof the words: — section one, — so 
as to read as follows: — Section 2. The supreme judicial f*'^i^*°''^ 
court shall have original and exclusive jurisdiction in equity jurisdiction. 
of all cases and matters of equity cognizable under any statute 
and not within the jurisdiction conferred by section one, un- 
less a different provision is made; and the superior court 
shall have like original and exclusive, or like original and 
concurrent, jurisdiction only if the statute so provides. 

Section 3. This act shall take effect on September first Effective 
of the current year. Approved May 18, 1954. '^^^^' 



312 



Acts, 1954. — Chaps. 440, 441. 



Chap. 44:0 An Act requiring the maintenance of certain records 

BY carriers of PROPERTY ENGAGING LEASED VEHICLES 
and IMPOSING A CHARGE FOR CERTAIN DISTINGUISHING 
PLATES. 



G. L. (Ter. 
Ed.). 159B, 
lOB, etc., 
amended. 

Certain 
carriers to 
keep records 
of leased 
vehicles. 



Fee for certain 
distinguishing 
plates. 



Be it enacted, etc., as follows: 

Chapter 159B of the General Laws is hereby amended by 
striking out section lOB, inserted by section 3 of chapter 
376 of the acts of 194G, and inserting in place thereof the 
following section: — Section lOB. The department may 
issue distinguishing plates to motor carriers and interstate 
licensees to be used only on motor vehicles temporarily leased 
by such carriers. Any plates so issued may be transferred 
from one such vehicle to another such vehicle leased by a 
carrier to whom such plate was originally issued. The de- 
partment shall keep a record of plates issued to each carrier 
for use on leased vehicles. The motor carrier or interstate 
hcensee shall keep a record of the use of such plates, setting 
forth the names and addresses of the lessors and the drivers, 
engine and serial numbers of the vehicles used, duration of 
the lease, the identifying numbers of the plates and the 
date each such plate was placed on any leased vehicle and 
the date such plate was removed therefrom, A copy of the 
lease shall be carried on each vehicle under temporary lease 
engaged in interstate operations within the commonwealth. 
The department may make such rules and regulations rela- 
tive to the issuance and use of such plates as it deems neces- 
sary and proper, and for just cause may revoke, recall, or 
prohibit the use of any plate issued under this section. 
Failure to keep full and complete records under this section 
shall be cause for such revocation. An annual charge for 
each plate issued under this section shall be five dollars and 
shall apply to all such applications notwithstanding the 
provisions of section ten. Approved May 18, 1954- 



Chap. 441 An Act increasing the salary of the district attor- 
ney FOR the eastern DISTRICT. 

Be it enacted, etc., as follows: 

Section i5 of chapter 12 of the General Laws, as most 
recently amended by section 1 of chapter 804 of the acts of 
1951, is hereby further amended by striking out, in lines 
8 and 9, the words "For the eastern district, eight thousand 
two hundred dollars." and inserting in place thereof the 
words: — For the eastern district, nine thousand two hun- 
dred dollars. Approved May 18, 1954. 



G. h. (Ter. 
Ed.), 12, § 15, 
etc., amended. 



Salary. 



Acts, 1954. — Chap. 442. 313 



An Act relative to the admissibility in evidence in ChxipA4.2 

CRIMINAL proceedings OF ENTRIES IN THE COURSE OF 
BUSINESS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 233 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 78, as appearing in the fmende^d.' * ^^' 
Tercentenary Edition, and inserting in place thereof the 
following section : — Section 78. An entry in an account ^^^^g^^ ^j 
kept in a book or by a card system or by any other system businesa. 
of keeping accounts, or a writing or record, whether in the as^^JIdi^n^i^ 
form of an entry in a book or otherwise, made as a memo- 
randum or record of any act, transaction, occurrence or 
event, shall not be inadmissible in any civil or criminal 
proceeding as evidence of the facts therein stated because 
it is transcribed or because it is hearsay or self-serving, if 
the court finds that the entry, writing or record was made 
in good faith in the regular course of business and before the 
beginning of the civil or criminal proceeding aforesaid and 
that it was the regular course of such business to make such 
memorandum or record at the time of such act, transaction, 
occurrence or event or within a reasonable time thereafter. 
For the purposes hereof, the word "business", in addition 
to its ordinary meaning, shall include profession, occupation 
and calling of every kind. The court, in its discretion, be- 
fore admitting such entry, writing or record in evidence, 
may, to such extent as it deems practicable or desirable, 
but to no greater extent than the law required before April 
eleventh, nineteen hundred and thirteen, require the party 
offering the same to produce and offer in evidence the origi- 
nal entry, writing, document or account or any other from 
which the entry, writing or record offered or the facts therein 
stated were transcribed or taken, and to call as his witness 
any person who made the entry, writing or record offered 
or the original or any other entry, writing, document or 
account from which the entry, writing or record offered or 
the facts therein stated were transcribed or taken, or who 
has personal knowledge of the facts stated in the entry, 
writing or record offered. When any such entry, writing or 
record is admitted, all other circumstances of the making 
thereof, including lack of personal knowledge by the entrant 
or maker, may be shown to affect its weight and when such 
entry, writing or record is admitted in a criminal proceeding 
all questions of fact which must be determined by the court 
as the basis for the admissibility of the evidence involved 
shall be submitted to the jury, if a jury trial is had for its 
final determination. 

Section 2. This act shall take effect on September first fftg"*''^'^ 
of the current year. Approved May 18, 1954. 



314 



Acts, 1954. — Chaps. 443, 444. 



ChapA4:S An Act exempting from taxation the income of trusts 

FOR charitable PURPOSES. 

Be it enacted, etc., as folloios: 

Section 8 of chapter 62 of the General Laws is hereby 
amended by adding after paragraph (j), added by section 2 
of chapter 485 of the acts of 1947, the following paragraph: — 

(k) All income from propertj^ held in trust which pursuant 
to the terms of the will, deed or other instrument creating 
the trust is currently payable or irrevocably set aside for 
public charitable purposes, or to or for the benefit of any 
organization or organizations established and operated ex- 
clusively for charitable purposes: provided the trustees shall, 
by the fifteenth day of the fourth month next succeeding the 
close of the calendar or fiscal year during which such income 
was received, have filed with the commissioner a return, in 
form prescribed by him, claiming such exemption. 

Approved May 18, 1954. 



G. L. (Ter. 
Ed.), 62, § 8. 
etc., amended. 



Income of 
certain chari- 
table trusts, 
exempted from 
taxation. 



Chap. 44:4: An Act relative to the form of certain tax bills. 



G. L. (Ter. 
Ed.), 59, § 54, 
amended. 



Form of 
tax list. 



G. L. (Ter. 
Ed.), 60, § 3, 
etc., amended. 



Separate bills, 
when required. 



G. L. (Ter. 
Ed.), 60, § 3A, 
etc., amended. 



Form of 
certnin 
tax bills, 
regulated. 



Be it enacted, etc., as follows: 

Section 1. Chapter 59 of the General Laws is hereby 
amended by striking out section 54, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following section: — Section 54- The tax list committed to 
the collector shall be in a form approved by the commissioner 
and shall contain such data appearing on the assessors' 
valuation list as may be required for the purposes of sections 
three and three A of chapter sixty. 

Section 2. Section 3 of chapter 60 of the General Laws, as 
most recently amended by section 2 of chapter 166 of the 
acts of 1943, is hereby further amended by inserting after 
the first sentence the following sentence: — If the tax is a 
tax on real estate, the collector shall send a separate bill or 
notice for the portion of the tax applicable to each parcel of 
real estate separately assessed. 

Section 3. Said chapter 60 is hereby further amended 
by striking out section 3A, as most recently amended by 
section 2 of chapter 578 of the acts of 1952, and inserting in 
place thereof the following section: — Section 3A. Every 
tax bill or notice shall be in a form approved by the com- 
missioner and shall state that applications for abatement or 
exemption, on forms so approved, must be filed with the 
assessors, in case of original assessments, on or before October 
first of the year to which the tax relates or, if the tax is 
other than a poll tax and the bill or notice is first sent after 
September first of such j^ear, on or before the thirtieth day 
after the date on which the bill or notice is so sent or, in 
case of an assessment under section seventy-five or section 
seventy-six of chapter fifty-nine or a reassessment under sec- 
tion seventy-seven of said chapter, within three months 



Acts, 1954. — Chap. 445. 315 

after the sending of the bill or notice. Every tax bill or 
notice shall also contain a statement indicating the provi- 
sions of law governing interest on the tax to which the bill 
or notice relates. Every bill or notice for a real or personal 
property tax shall have printed thereon in a conspicuous 
place the school tax rate, the general tax rate, and the total 
tax rate of the town, as determined by the assessors. In 
addition, every bill or notice for a tax upon real estate shall, 
by street and number, or, if no street number has been 
assigned, by lot number, or by name of estate or otherwise, 
describe in a manner sufficient to identify it each parcel of 
real estate separately assessed and shall state for each such 
parcel the assessed valuation of the land, the aggregate as- 
sessed valuation of the buildings and other things erected 
thereon or affixed thereto, and the total assessed valuation of 
the parcel; provided, however, that if there are three or 
more buildings or structures on any such parcel, a bill or 
notice for a tax on such parcel shall also state, or be accom- 
panied by a paper stating, the assessed valuation of each 
building or structure on such parcel. 

Section 4. Chapter five himdred and sixty-four of the 
acts of nineteen hundred and forty-three is hereby repealed. 

Section 5, This act shall apply to taxes assessed in the Effective 
year nineteen hundred and fifty-five and thereafter. '^"'^^' 

A-p-proved ]\Iay 18, 1951^. 



An Act reclassifying certain employees under the Q]iQ^y 445 

STATE retirement SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (g) of subdivision (2) of section 3 g. l. (Ter. 
of chapter 32 of the General Laws is hereby amended by ^il^ 'amended, 
striking out the definition of Group B, as most recently 
amended by chapter 157 of the acts of 1952, and inserting 
in place thereof the following: — 

Group B. — Members of police and fire departments not certain 
classified in Group A, members of the police force of the u^fir^he^ state 
metropolitan district commission, capitol police, public works retirement 
building police, permanent watershed guards and permanent reclassified. 
park police, employees of the Port of Boston Commission 
comprising guards, guard sergeants, head guard and chief of 
waterfront police, conservation officers paid as such, district 
fire wardens, coastal wardens in the department of natural 
resources, officials and employees oi the registry of motor 
vehicles having police powers, employees of the General 
Edward Lawrence Logan International Airport, comprising 
permanent crash crewmen, fire control man, assistant fire 
control men, and employees of the commonwealth and of 
any county, regardless of any official classification, whose 
regular and major duties require them to have the care, 
custody, instruction or other supervision of prisoners or in- 
sane persons or of defective delinquents; provided, that no 



316 



Acts, 1954. — Chaps. 446, 447. 



Effective 
date. 



member who attains age sixty-five while classified in Group A 
may thereafter be classified in Group B, irrespective of 
change of employment. 

Section 2. This act shall take effect on January first, 
nineteen hundred and fifty-five. Approved May 18, 1954. 



C/iap. 446 An Act requiring the operator of a motor vehicle 
involved in an accident to exhibit his operator's 
license. 

Be it enacted, etc., as follows: 

Ed.hgo^l'ii. Section 11 of chapter 90 of the General Laws, as amended 
etc., amended', by scction 2 of chapter 377 of the acts of 1952, is hereby 
further amended by adding at the end the following sen- 
tence: — Any operator who knowingly collides with or other- 
wise causes injury to any person or to any other vehicle or 
property shall plainly exhibit his license at the scene of the 
accident upon request of the person injured or the person 
owning or in charge of the property damaged. 

Approved May 18, 1954. 



Showing of 
operator's 
license, when 
required. 



ChapA4:7 An Act providing certain penalties for violations of 

THE law establishing MINIMUM HOUSING STANDARDS 
AND RULES AND REGULATIONS RELATIVE THERETO. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), Ill, 
§ 128D, etc. 
amended. 



G. L. (Ter. 
Ed.), Ill, new 
S 128F, added. 



Penalty. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to make effective without delay 
certain penalties for violations of the law establishing mini- 
mum standards and rules and regulations on housing as they 
affect public health and safety, therefore it is horebj'- de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public health and safety. 

Be it enacted, etc., as follows: 

Section 1. Section 128D of chapter 111 of the General 
Laws, inserted by section 2 of chapter 209 of the acts of the 
current year, is hereby amended by striking out the last 
sentence. 

Section 2. Said chapter 1 1 1 is hereby further amended 
by inserting after section 128E, as so inserted, the following 
section: — Section 128F. Any person who wilfully impedes 
or oKstructs the examination by a board of health under sec- 
tion one hundred and twenty-eight B or who knowingly 
violates any regulation adopted under the provisions of sec- 
tion one hundred and twenty-eight C or who knowingly 
violates any provision of section one hundred and twenty- 
eight D shall be punished by a fine of not less than ten nor 
more than fifty dollars for each day of violation. 

Approved May 19, 1954- 



Acts, 1954. — Chaps. 448, 449, 450, 451. 317 



An Act designating the new auditorium-administra- r'/;a;;.448 

TION building at THE LOWELL TECHNOLOGICAL INSTITUTE 
OF MASSACHUSETTS AS CUMNOCK HALL. 

Be it enacted, etc., as follows: 

Section 1. The new auditorium-administration building 
at the Lowell Technological Institute of Massachusetts shall 
be known and designated as Cumnock Hall as a tribute to 
Alexander Goodlet Cumnock, first president of the board of 
trustees of said institute, in recognition of his outstanding 
foresight, wisdom, leadership and service. The board of 
trustees of said institute shall cause a suitable tablet bearing 
said designation and commemorating said service to be 
placed in said building, and shall also cause the name of . 
said building to be inscribed on the outside thereof in such 
manner and form as said board shall determine, the pro- 
visions of any other law to the contrary notwithstanding. 

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

Approved May 19, 1954. 

An Act providing continuous service of the new bed- QJiq^j) 449 

FORD, woods hole, MARTHA's VINEYARD AND NANTUCKET 
STEAMSHIP AUTHORITY. 

Be it enacted, etc., as follows: 

Chapter 544 of the acts of 1948 is hereby amended by in- 
serting after section 14 the following section: — Section I4A. 
If transportation of passengers on the steamship line of the 
Authority is interrupted by reason of any group of employees 
calling a strike or going out on strike, or causing any such 
stoppage or slow down, or by reason of any other labor dis- 
pute, the provisions of chapter one hundred and fifty B of 
the General Laws shall apply, in so far as tliey are ap- 
plicable. Approved May 19, 1954. 

An Act relative to the seniority rights of anthony Qj^^p 45Q 
v. palmieri. ^' 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law, January 
first, nineteen hundred and forty-nine shall be the date es- 
tablished to determine seniority rights under the civil serv- 
ice laws of Anthony V. Palmieri, an employee of the state 
department of public works. Approved May 19, 1954- 

An Act providing for non-partisan preliminary elec- Chap. 451 
tions in the town of natick, and regulating the 
contents of ballots used at elections in said town. 

Be it enacted, etc., as follows: 

Section 1. Any person who is qualified to vote in the 
town of Natick may be a candidate for an elective town 



318 Acts, 1954. — Chap. 451. 

office therein and shall be entitled to have his name as such 
candidate printed on the official ballot to be used at a prelimi- 
nary election; provided, that he shall file nomination papers 
provided by the town clerk containing twenty-five signatures 
certified as voters of the town. 

Section 2. The preliminary election shall be held twenty- 
eight days preceding every regular or special town election. 

Section 3. No primary or caucus for the nomination 
of town officers shall be held. No ballot used at any pre- 
liminary, regular or special 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 4. Nomination papers must be filed with the 
town clerk not later than five o'clock in the afternoon of the 
twenty-first day preceding the preliminary election. Every 
nomination paper shall be submitted to the registrars of 
voters for certification of the names thereon on or before 
five o'clock in the afternoon of the seventh day preceding 
the day on which it must be filed with the clerk. 

Section 5. The election officers shall, immediately upon 
the closing of the polls at the preliminary election, count the 
ballots and ascertain the number of votes cast in the several 
voting places for each candidate, and forthwith make return 
thereof upon blanks to be furnished, as in regular elections, 
to the town clerk who shall canvass said returns and shall 
forthwith determine the result thereof, and post the same 
in five conspicuous places in the town. 

Section 6. The two persons receiving at a preliminary 
election the highest number of votes for nomination for an 
office shall be the sole candidates for that office whose names 
may be printed on the official ballot to be used at the regular 
or special election at which such office is to be filled, and no 
acceptance of a nomination at a preliminary election shall 
be necessary to its validity. 

If two or more persons are to be elected to the same office 
at such regular or special election the several persons in 
number equal to twice the number so to be elected receiving 
at such preliminary election the highest number of votes 
for nomination for that office shall be the sole candidates 
for that office whose names may be printed on the official 
ballot. 

If the preliminary election results in a tie vote among 
candidates for nomination receiving the lowest number of 
votes, which, but for said tie vote, would entitle a person 
receiving the same to have his name printed upon the official 
ballot for the election, all candidates participating in said 
tie vote shall have their names printed upon the official 
ballot, although in consequence there be printed thereon 
names of candidates to a number exceeding twice the num- 
ber to be elected. 

Section 7. If at the expiration of the time for filing 
nomination papers of candidates to be voted for at any pre- 



Acts, 1954. — Chap. 452. 319 

liminary election not more than twice as many such papers 
have been filed with the town clerk for an office as there are 
persons to be elected to such office, the candidates whose 
nomination papers have thus been filed shall be deemed to 
have been nominated to said office, and their names shall 
be voted on for such office at the succeeding regular or 
special election, as the case may be, and the town clerk shall 
not print said names upon the ballot to be used at said 
preliminary election and no other nomination to said office 
shall be made. If in consequence it shall appear that no 
names are to be printed upon the official ballot to be used 
at any preliminary election in the town, no preliminary 
election shall be held. 

Section 8. 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 appUcable, govern such elections in 
the town of Natick, 

Section 9. This act shall be submitted to the voters 
of the town of Natick at the biennial state election to be 
held in the year nineteen hundred and fifty-four, in the form 
of the following question, which shall be printed on the 
official ballot used in said town: — "Shall an act passed 
by the general court in the year nineteen hundred and fifty- 
four entitled ' An Act providing for non-partisan preliminary 
elections in the town of Natick, and regulating the 
contents of ballots used at elections in said town', 
be accepted?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said 



question, this act shall thereupon take full effect, but not 
otherwise. Approved May 19, 1954- 



An Act providing for the construction of additional ChapA52 

SEWERS IN THE NORTH METROPOLITAN SEWERAGE DIS- 
TRICT. 

Whereas, The deferred operation of this act would tend p°ambie°^ 
to defeat its purpose, which is in part to provide, with the 
utmost expedition, for sewage disposal needs in the north 
metropolitan sewerage district, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public health, safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission, herein- 
after called the commission, is hereby authorized and directed 
to construct a main sewer or sewers, with sewer connections 
and other works, in the cities of Everett and Maiden from a 
point on the north metropolitan relief sewer in Everett to a 
point on the north metropoUtan sewer near Jackson street, 
Maiden, as the commission may deem best. The location of 
such main sewer or sewers shall be subject to the approval 
of the department of public health. 



320 Acts, 1954. — Chap. 453. 

Section 2. For the purpose of constructing and main- 
taining such additional main sewer or sewers, the commis- 
sion, acting on behalf of the commonwealth, shall have and 
exercise all the authority conferred upon it by chapter 
ninety-two of the General Laws. 

Section 3. To meet the expenditures necessary in 
carrying out the provisions of section one, the state treasurer 
shall, from time to time on request of the commission and 
subject to the approval 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 not exceeding seven hundred and fifty 
thousand dollars, in addition to the amount of such bonds 
heretofore authorized for the construction of the north 
metropolitan sewerage system. Such bonds shall be desig- 
nated on the face: Metropolitan District Sewerage Loan, 
North System, Act of 1954, shall be on the serial payment 
plan, and shall be issued for such maximum term of years 
not exceeding thirty years from the date of issue as may be 
recommended by the governor in accordance with section 3 
of Article LXII of the Amendments to the constitution of 
the commonwealth, and shall bear interest at such rate as 
shall be fixed by the state treasurer, with the approval of the 
governor. 

Section 4. The interest and serial bond requirements 
on account of the moneys expended in constructing that 
part of the north metropolitan sewerage system provided 
for under this act and such other expenses as may be au- 
thorized hereunder shall be deemed to be, and shall be paid 
as, a part of the interest, sinking fund or serial bond require- 
ments and costs, and shall be apportioned, assessed and 
collected in the manner provided by the provisions of said 
chapter ninety-two relative to such system. 

Approved May 20, 1954- 



ChapA53 An Act making appropriations for the fiscal year 
nineteen hundred and fifty-five, for the mainte- 
nance OF departments, boards, commissions, institu- 
tions AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, 
FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIRE- 
MENTS, AND FOR CERTAIN PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section L To provide for the maintenance of the 
several departments, boards, commissions and institutions, 
of sundry other services, and for certain permanent improve- 
ments, and to meet certain requirements of law, the sums 
set forth in section two, for the several purposes and sub- 
ject to the conditions specified in said section two. are hereby 
appropriated from the funds designated in said section, sub- 
ject to the provisions of law regulating the disbursement of 
public funds and the approval thereof, for the fiscal year 



Acts, 1954. — Chap. 453. 



321 



ending June thirtieth, nineteen hundred and fifty-five, in 
this act referred to as the year nineteen hundred and fifty- 
five, or for such period as may be specified. 
Section 2. 



STATE PURPOSES APPROPRIATIONS. 
APPROPRIATIONS MADE FROM THE GENERAL FUND. 



Item 

0101-01 

0101-02 
0101-03 

0101-04 



0101-05 
0101-06 



0101-07 



0101-30 

0101-51 

0101-52 

0101-53 
0101-54 
0101-56 

0101-60 



0102-01 
0102-02 
0102-03 
0102-04 



Service of the Legislature. 

Senate. 

For the compensation of senators, prior ap- 
propriation continued .... $191,250 00 

For the salary of the clerk of the senate 10,480 00 

For the salary of the assistant clerk of the 
senate 7,980 00 

For clerical assistance to the clerk of the sen- 
ate, including not more than two perma- 
nent positions ..... 10,180 00 

For the salary of the chaplain of the senate . 1,980 00 

For personal services of the counsel to the 
senate and assistants, including not more 
than four permanent positions; provided, 
that notwithstanding any provisions of law 
to the contrary, the present counsel to the 
senate may continue to serve in said office 
subject to the will of the senate . 33,480 00 

For clerical and other assistance to the senate 
committee on rules, including not more 
than seven permanent positions; provided, 
that notwithstanding any provision of law 
to the contrary, the present clerk of the 
senate committee on rules may continue 
to serve in said office subject to the will of 
the senate ...... 

For expenses of senators, including travel, 
prior appropriation continued . 

For stationery for the senate, purchased by 
and with the approval of the clerk . 

For expenses of the committee on rules on 
the part of the senate .... 

For expenses of the counsel to the senate 

For expenses of the senate clerk's office 

For the expenses of the senate committee on 
ways and means, including not more than 
one permanent position .... 

For traveling and such other expenses of the 
committees of the senate as may be au- 
thorized by order of the senate 

Total 

House of Representniives. 

For the compensation of representatives, 

prior appropriation continued . 
For the salary of the clerk of the house of 

representatives ..... 
For the salary of the assistant clerk of the 

house of representatives .... 
For clerical assi.'^tance to the clerk of the house 

of representatives, including not more than 

four permanent positions . . . 18,740 00 



28,860 00 


17,000 00 


600 00 


1,000 00 

500 00 

1,400 00 


8,500 00 


1,000 00 


$314,210 00 


$1,093,500 00 


10,480 00 


7,980 00 



322 



Acts, 1954. — Chap. 453. 



Item 

0102-05 For the salary of the chaplain of the house of 
representatives . . . . . 

0102-06 For personal services of the counsel to the 
house of representatives and assistants, 
including not more than seven permanent 
positions ...... 

0102-07 For clerical and other assistance to the house 
committee on rules, including not more 
than seven permanent positions 

0102-08 For clerical and other assistance to the house 
committee on ways and means, including 
not more than four permanent positions, 
prior appropriation continued . 

0102-30 For expenses of representatives, including 
travel, prior appropriation continued 

0102-51 For stationery for the house of representa^ 
tives, purchased by and with the approva 
of the clerk ..... 

0102-52 For expenses of the committee on rules on the 
part of the house of representatives 

0102-53 For expenses of the counsel to the house of 
representatives .... 

0102-54 For expenses of the clerk's office, house of 
representatives .... 

0102-56 For expenses of the house committee on ways 
and means, prior appropriation continued 

0102-60 For traveling and such other expenses of the 
committees of the house of representatives 
as may be authorized by order of the house 
of representatives . . . . . 

Total 



$1,980 00 

59,000 00 
34,380 00 

24,140 00 
135,000 00 

1,300 00 
2,500 00 
850 00 
2,100 00 
5,000 00 

1,000 00 
$1,397,950 00 



Sergeant-at-A rms. 

0103-01 For the salary of the sergeant-at-arms . $7,680 00 

0103-02 For clerical and other assistance employed by 
the sergeant-at-arms, including not more 
than six permanent positions . . . 27,950 00 

0103-03 For the salaries of the doorkeepers of the 
senate and house of representatives, with 
the approval of the sergeant-at-arms, in- 
cluding not more than two permanent posi- 
tions 13,160 00 

0103-04 For the salaries of assistant doorkeepers of 
the senate and house of representatives 
and of general court officers, with the 
approval of the sergeant-at-arms, includ- 
ing not more than thirty-two permanent 
positions 152,840 00 

0103-05 For compensation of the pages of the senate 
and house of representatives, with the 
approval of the sergeant-at-arms, including 
not more than twenty-three permanent 
positions 34,880 00 

0103-06 For the salaries of clerks employed in the 
legislative document room, including not 
more than three permanent positions . 16,440 00 

0103-32 For certain flameproofing and mothproofing 

of furnishings, legislative chambers . . 2,968 00 

0103-51 For contingent expenses of the senate and 
house of representatives and necessary ex- 
penses in and about the state house, with 
the approval of the sergeant-at-arms, prior 
appropriation continued .... 20,000 00 



Acts, 1954. — Chap. 453. 



323 



Item 
0103-52 



For the payment of witness fees to persons 
summoned to appear before committees of 
the general court, and for expenses inci- 
dental to summoning them, with the ap- 
proval of the sergeant-at-arms 

Total 



$200 00 



$276,118 00 



Other Expenses. 

0110-02 For printing, binding and paper ordered by 
the senate and house of representatives, 
or by concurrent order of the two branches, 
with the approval of the clerks of the re- 
spective branches, prior appropriation con- 
tinued $180,000 00 

0110-03 For printing the manual of the general court, 
with the approval of the clerks of the two 
branches 15,000 00 

0110-04 For expenses in connection with the publi- 
cation of the bulletin of committee hear- 
ings and of the daily list, with the approval 
of the joint committee on rules, including 
not more than two permanent positions . 38,020 00 

0110-05 For telephone service .... 22,00000 

0110-06 For biographical sketches of certain state and 

federal officials 5,000 00 

0110-12 For the emergency services of a physician, 
for medical supplies in the state house and 
for expenses including the purchase of 
equipment in connection therewith, sub- 
ject to the approval of the joint committee 
on rules; provided, that section twenty- 
one of chapter thirty of the General Laws 
shall not apply to the payments made 
under this item 4,200 00 

0110-30 For traveling and such other expenses of 
joint committees of the general court as 
may be authorized by joint order of the 
general court 8,000 00 

Total ...... $272,220 00 

Total, Legislative .... $2,260,498 00 



Service of the Judiciary. 

Supreme Judicial Court. 

0301-01 For the salaries of the chief justice and of the 

six associate justices .... $130,500 00 
0301-02 For traveling allowances and expenses . 2,700 00 
0301-03 For the salary of the clerk for the common- 
wealth 10,420 00 

0301-04 For clerical assistance to the clerk 3,490 00 

0301-05 For law clerks and clerical assistance for the 

justices 50,830 00 

0301-06 For office supplies, services and equipment . 6,000 00 

0301-07 For the salaries of the officers and messengers 6,190 00 

0301-08 For the commonwealth's part of the salary 

of the clerk for the county of Suffolk 1,500 00 

0301-10 For facilities provided by the Social Law 

Library 3,500 00 



324 



Acts, 1954. — Chap. 453. 



Item 
0302-01 
0302-02 



For the salary of the reporter of decisions . $10,000 00 
For the service of the reporter of decisions, 

including not more than four permanent 

positions 18,475 00 

Total $243,605 00 



Superior Court. 

0305-01 For the salaries of the chief justice and of the 

thirty-one justices $513,000 00 

0305-02 For traveling allowances and expenses . 27,500 00 

0305-03 For the salary of the assistant clerk and the 

probation officer of Suffolk county . 2,500 00 

0305-04 For expenses authorized by section twenty- 
eight of chapter two hundred and twelve 
of the General Laws .... 19,850 00 

0305-1 1 For compensation of justices of district courts 
while sitting in the superior court, prior 
appropriation continued . . 11 ,000 00 

0305-12 For expenses of justices of district courts 
while sitting in the superior court, prior 
appropriation continued .... 1,850 00 

Total $575,700 00 



0308-01 



Judicial Council. 
For the service of the judicial council 



$7,000 00 



Administrative Committee of District Courts. 

0310-01 For the service of the administrative com- 
mittee of district courts .... 



$12,000 00 



Administrative Committee of Probate and. Insolvency Courts. 

0320-01 For the compensation of judges of probate 

when acting for other judges of probate $5,000 00 

0320-02 For expenses of judges of probate when act- 
ing for other judges of probate . 1,500 00 

0320-03 For reimbursing officials for premiums paid 
for procuring sureties on their bonds, as 
provided by law ..... 500 00 

0320-04 For expenses of the administrative committee 

of probate courts ..... 500 00 

Total $7,500 00 



0321-01 
0321-02 
0321-03 
0321-04 



Probate and Insolvency Courts. 

For the salaries of judges of probate, regis- 
ters of probate, assistant registers and 
clerical assistance to registers of the sev- 
eral counties: 

Barnstable: 
Judge of probate ..... 

Register ...... 

Assistant register ..... 

Clerical assistance to register, including not 
more than three permanent positions 



$9,500 00 
6,000 00 
4,000 00 

8,560 00 



Acts, 1954. — Chap. 453. 



325 



Item 

Rprlcs ni rp. * 

0322-01 Judge of probate $9,500 00 

0322-02 Register 6,500 00 

0322-03 Assistant register 4,500 00 

0322-04 Clerical assistance to register, including not 

more than five permanent positions . 15,130 00 

Bristol : 

0323-01 Two judges of probate .... 23,000 00 

0323-02 Register 8,000 00 

0323-03 Two assistant registers .... 10,500 00 
0323-04 Clerical assistance to register, including not 

more than thirteen permanent positions 40,370 00 

Dukes I 

0324r-01 Judge of probate 4,000 00 

0324-02 Register 4,000 00 

0324r-04 Clerical assistance to register, including not 

more than one permanent position . 2,880 00 

Essex : 

0325-01 Two judges of probate .... 23,000 00 

0325-02 Register 8,500 00 

0325-03 Three assistant registers . . 16,500 00 
0325-04 Clerical assistance to register, including not 

more than sixteen permanent positions . 49,410 00 

Franklin : 

0326-01 Judge of probate 9,500 00 

0326-02 Register 6,000 00 

0326-03 Assistant register 4,000 00 

0326-04 Clerical assistance to register, including not 

more than two permanent positions . 6,090 00 

Hampden : 

0327-01 Two judges of probate .... 23,000 00 

0327-02 Register 8,000 00 

0327-03 Three assistant registers . 15,000 00 
0327-04 Clerical assistance to register, including not 

more than thirteen permanent positions 41,480 00 

Hampshire : 

0328-01 Judge of probate 9,500 00 

0328-02 Register 6,000 00 

0328-03 Assistant register 4,000 00 

0328-04 Clerical assistance to register, including not 

more than two permanent positions . 6,660 00 

Middlesex: 

0329-01 Three judges of probate .... 40,500 00 

0329-02 Register 10,000 00 

0329-03 Five assistant registers .... 29,000 00 
0329-04 Clerical assistance to register, including not 

more than forty permanent positions . 128,225 00 

Nantucket: 

0330-01 Judge of probate 4,000 00 

0330-02 Register 4,000 00 

0330-04 Clerical assistance to register, including 

not more than one permanent position . 2,640 00 

Norfolk : 
0331-01 Two judges of probate .... 27,000 00 

0331-02 Register 8,500 00 

0331-03 Three assistant registers . . 16,500 00 
0331-04 Clerical assistance to register, including 
not more than fifteen permanent posi- 
tions 46,160 00 



326 





Acts, 1954. — Chap. 453. 




Item 


Plymouth: 




0332-01 


Judge of probate ..... 


$9,500 00 


0332-02 


Register ...... 


6,500 00 


0332-03 


Assistant register ..... 


4,500 00 


0332-04 


Clerical assistance to register, including not 






more than seven permanent positions . 


21,710 00 




Suffolk: 




0333-01 


Three judges of probate .... 


43,500 00 


0333-02 


Register ...... 


10,000 00 


0333-03 


Five assistant registers .... 


29,000 00 


0333-04 


Clerical assistance to register, including not 
more than forty-eight permanent posi- 






tions ...... 


152,420 00 




Worcester: 




0334-01 


Two judges of probate .... 


23,000 00 


0334-02 


Register ...... 


8,500 00 


0334-03 


Three assistant registers 


16,500 00 


0334^4 


Clerical assistance to register, including not 






more than fifteen permanent positions . 


46,740 00 



Total 



Land Court. 



0340-01 
0340-02 



0345-01 

0350-01 
0351-01 

0352-01 
0354-01 
0355-01 
0356-01 
0357-01 

0358-01 



For the salaries of the judge, associate judges 
and the recorder, including not more than 
four permanent positions 

For the service of the land court, including 
not more than thirty-five permanent posi- 
tions ....... 

Total 

Pensions for Certain Retired Justices. 

For pensions of retired judges, as authorized 
by law ....... 

District Attorneys. 

For the salaries of the district attorney and 
assistants for the Suffolk district, including 
not more than fourteen permanent positions 

For the salaries of the district attorney and 
assistants for the northern district, includ- 
ing not more than seven permanent posi- 
tions ....... 

For the salaries of the district attorney and 
assistants for the eastern district, including 
not more than five permanent positions 

For the salaries of the district attorney and 
assistants for the southern district, includ- 
ing not more than four permanent positions 

For the salaries of the district attorney and 
assistants for the middle district, including 
not more than five permanent positions . 

For the salaries of the district attorney and 
assistants for the western district, including 
not more than three permanent positions . 

For the salaries of the district attorney and 
assistant for the northwestern district, in- 
cluding not more than two permanent 
positions ...... 

For the salaries of the district attorney and 
assistants for the Norfolk district, includ- 
ing not more than four permanent positions 



$1,081,465 00 

$56,500 00 

210,245 00 
$266,745 00 

$75,000 00 

$97,700 00 

46,400 00 
23,880 00 
23,540 00 
23,880 00 
15,580 00 

9,180 00 
18,000 00 



Acts, 1954. — Chap. 453. 



327 



Item 

0359-01 For the salaries of the district attorney and 
assistants for the Plymouth district, in- 
cluding not more than three permanent 
positions ...... 

0365-01 For traveling expenses necessarily incurred 
by the district attorneys, except in the 
Suffolk district, including expenses in- 
curred iii previous years .... 

Total 

Board of Probation. 

0370-01 For the service of the board, including not 
more than forty-eight permanent positions 

Board of Bar Examiners. 

0380-01 For the service of the board, including not 
more than six permanent positions . 

Total, Judiciary .... 



$14,500 00 



10,000 00 
$282,660 00 



$168,005 00 



$38,510 00 
$2,758,190 00 



0401-01 
0401-02 

0401-03 



0401-04 



0401-31 



0402-01 
0402-02 



Service of the Executive Department. 

Governor. 

For the salary of the governor 

For the salaries of officers and employees in 
the governor's office .... 

For postage, printing, office and other con- 
tingent expenses, including travel, of the 
governor ...... 

For maintenance expenses of the governor's 
automobile ...... 

Total 

Other Expenses. 

For the purchase of portraits of governors of 
the commonwealth, as authorized bj^ sec- 
tion nineteen of chapter eight of the Gen- 
eral Laws, prior appropriation continued. 

Lieutenant-Governor. 

For the salary of the lieutenant-governor 
For personal services for the Ueutenant- 
governor's office ..... 

Total 



$20,000 00 
125,000 00 

35,000 00 

1,300 00 

$181,300 00 



$8,000 00 

18,060 00 

$26,060 00 



0403-01 
0403-02 
0403-03 



0403-05 



Governor's Council. 

For the salaries of the eight councilors 

For personal services for the council . 

For postage, printing, stationery, traveling 
and contingent expenses of the governor 
and council ...... 

For travel and expenses of the lieutenant- 
governor and council from and to their 
homes ....... 



$24,000 00 
26,250 00 



15,000 00 
4,500 00 



Total 



$69,750 00 



328 



Acts, 1954. — Chap. 453. 



Item 
0405-01 



Extraordinary Expenses. 

For the cost, not to exceed fifteen thousand 
dollars, of entertainment of distinguished 
visitors to the commonwealth, provided 
that no expenditure shall be allowed for a 
party exceeding fifty visitors; for the pay- 
ment of extraordinary expenses not other- 
wise provided for; and for transfers to ap- 
propriation accounts where the amounts 
otherwise available are insufficient, pro- 
vided that requests for such transfers shall 
be referred to the commission on admin- 
istration and finance which, after investi- 
gation, shall submit for the approval of 
the governor and council its written recom- 
mendation as to the amount of funds re- 
quired, with facts pertinent thereto . 



$100,000 00 



Civil Defense Agency. 

0406-01 For the service of the civil defense agency, 
as authorized by chapter six hundred and 
thirty-nine of the acts of nineteen hundred 
and fifty and chapter five hundred and 
twenty-two of the acts of nineteen hundred 
and fifty-one as further amended by chap- 
ter four hundred and ninety-one of the acts 
of nineteen hundred and fifty-three . 

Total, Executive Department 



$221,220 00 
$598,330 00 



Service of the Military Division. 

Adjutant General. 

0420-01 For the salary of the adjutant general . $11,560 00 

0420-02 For the office of the adjutant general, includ- 
ing not more than thirty-two permanent 
positions ...... 150,864 00 

Militia: 

0421-01 For allowances to companies and other ad- 
ministrative units, to be expended under 
the direction of the adjutant general . 180,000 00 

0421-02 For officers' uniform allowances, as author- 
ized by paragraph (c) of section one hun- 
dred and twenty of chapter thirty-three of 
the General Laws 65,000 00 

0421-05 For certain camps of instruction 67,300 00 

0421-07 For transportation of officers and non-com- 
missioned officers to and from military 
meetings and regimental and battalion 
drUls 3,000 00 

0421-13 For compensation for special and miscel- 
laneous duty, including not more than five 
permanent positions, and for expenses of 
operation of the twenty-sixth division 28,305 00 

0421-14 For compensation for accidents and injuries 
sustained in the performance of military 
duty 3,500 00 

0421-15 To cover certain small claims for damages to 
private property arising from mUitary 
maneuvers 1,200 00 



Acts, 1954. — Chap. 453. 



329 



Item 
0421-17 



0421-21 



0421-50 



For the military reservation, located in Barn- 
stable county, including compensation of 
the commissioner ..... $1,020 00 

For the service of the air national guard . 8,180 00 

State Guard: 
For the planning and organizing of a state 
guard, for the training of an air ground 
observer corps and an aircraft warning 
service, and for expenses related thereto, to 
be expended under the direction of the ad- 
jutant general; provided, that upon re- 
quest of the adjutant general and the rec- 
ommendation of the commission on admin- 
istration and finance, the governor, with 
the approval of the council, may transfer in 
whole or in part to this item amounts au- 
thorized for military affairs for the fiscal 
year nineteen hundred and fifty-five, prior 
appropriation continued . . 6,800 00 

Total $526,729 00 



State Quartermaster. 

0423-01 For the office of the state quartermaster . $4,435 00 

0423-02 For the operation of armories of the first class, 
including not more than eighty-foiu- per- 
manent positions ..... 494,840 00 
0423-21 For certain repairs to armories, prior appro- 
priation continued, expires June thirtieth, 
nineteen hundred and fifty-six . . 126,000 00 

Militia: 

0424r-01 For reimbursement for rent and maintenance 

of armories not of the first class 29,900 00 

0424-02 For the Camp Curtis Guild rifle range, in- 
cluding not more than seven permanent 
positions 33,160 00 

0424-05 For certain storage and maintenance facili- 
ties, including not more than twelve per- 
manent positions ..... 124,465 00 

0424-08 For certain national guard aviation facihties, 
including not more than two permanent 
positions 114,165 00 

Total $926,965 00 



Armory Commission. 

0428-01 For compensation of one member and for ex- 
penses of the armory commission 
Notwithstanding the provisions of chapter 
thirty of the General Laws, certain mili- 
tary personnel in the military division may 
be paid salaries according to military pay 
grades, so called. 

Total, Military Division 



$200 00 



$1,453,894 00 



330 



Acts, 1954. — Chap. 453. 



Boards and Commissions serving under Governor and Council. 



Item 
0440-31 



0440-32 



0441-01 



0441-03 
0442-01 



0443-01 



0444-01 



0444-02 
0444-03 



Commission on Administration and Finance. 

For personnel appeal boards, as authorized 
by chapter four hundred and eighty-five of 
the acts of nineteen hundred and forty-five $100 00 

For awards to state employees to be granted 
as provided by chapter five hundred and 
four of the acts of nineteen hundred and 
fifty- three, prior appropriation continued . 2,500 00 

For the office of the commissioner of admin- 
istration, including not more than fifteen 
permanent positions; provided, that the 
incumbent on requisition number 45510 
shall have permanent status under chap- 
ter thirty-one of the General Laws subject 
to his passing a qualifying examination; 
and, further provided, that the comptroller 
shall transfer to the General Fund the sum 
of twenty-three thousand eight hundred 
and thirty-one dollars from the Highway 
Fund 119,155 00 

For telephone service in the state house 120,000 00 

For the bureau of the comptroller, including 
not more than one hundred and seventeen 
permanent positions; provided, that the 
comptroller shall transfer to the General 
Fund the sum of one hundred and three 
thousand nine hundred and twenty-five 
dollars from the Highway Fund . . 519,623 00 

For the bureau of the budget commissioner, 
including not more than eight permanent 
positions; provided, that the comptroller 
shall transfer to the General Fund the sum 
of eleven thousand eight hundred and 
thirty-eight dollars from the Highway 
Fund 59,190 00 

For the bureau of the purchasing agent, in- 
cluding not more than seventy-one per- 
manent positions; provided, that the 
comptroller shall transfer to the General 
Fund the sum of fifty-eight thousand seven 
hundred and fifty-six dollars from the 
Highway Fund 293,780 00 

For the purchase of paper used in the execu- 
tion of the contracts for state printing, 
other than legislative .... 80,000 00 

For the purchase by the state purchasing 
agent of motor vehicles for which funds are 
not otherwise available. Motor vehicles 
purchased under this item are to be allo- 
cated, with the approval of the commission 
on administration and finance, to the de- 
partments and agencies of the common- 
wealth whose appropriations are made from 
the General Fund, and transfers of the sums 
required for said purchases are to be au- 
thorized by said commission from the 
amount herein appropriated to appropria- 
tions made for the services of said depart- 
ments and agencies. Said commission is 
hereby authorized to provide for the trans- 
fer of motor vehicles from one such agency 



Acts, 1954. — Chap. 453. 



331 



Item 



0445-01 



0446-01 



0447-01 



or department to another when, in its opin- 
ion, such a transfer is for the best interests 
of the commonwealth .... $200,000 00 

For the division of personnel and standard- 
ization, including not more than thirty- 
seven permanent positions; provided, that 
the comptroller shall transfer to the Gen- 
eral Fund the sum of forty-four thousand 
one hundred and two dollars from the High- 
way Fund 220,510 00 

For the division of building construction, in- 
cluding not more than thirty-six permanent 
positions 203,505 00 

For the division of hospital costs and finances, 
as authorized by chapter six hundred ana 
thirty-six of the acts of nineteen hundred 
and fifty- three, including not more than 
three permanent positions . . . 16,530 00 

Total $1,834,893 00 

State Superintendent of Buildings. 

For the office of the superintendent, including 

not more than five permanent positions . $27,340 00 

For the maintenance of the state house and 
the Ford building, including not more than 
one hundred and sixty-four permanent po- 
sitions 754,955 00 

Total $782,295 00 

New England Interstate Water Pollution Control Commission. 

0455-01 For expenses of the New England interstate 
water pollution control commission, as au- 
thorized by chapter four hundred and 
twenty-one of the acts of nineteen hundred 
and forty-seven, and for compensation and 
expenses of the commissioners, as provided 
by section four of said chapter . . $7,820 00 

Commissioners on Uniform State Laws. 
0457-01 For the expenses of the commissioners 

State Library. 

0459-01 For the service of the state library, including 
not more than thirty-one permanent posi- 
tions ....... 



0450-01 
0450-02 



$2,300 00 



Art Commission. 

0460-01 For expenses of the commission, notwith- 
standing the limitation of section nineteen 
of chapter six of the General Laws . 

Ballot Law Commission. 

0461-01 For compensation and expenses of the com- 
missioners, including not more than three 
permanent positions .... 

Massachusetts Commission on Discrimination. 

0462-01 For the service of the Massachusetts commis- 
sion on discrimination, including not more 
than thirteen permanent positions . 



$131,420 00 



$500 00 



$3,085 00 



$73,450 00 



332 



Acts, 1954. — Chap. 453. 



Item 
0464-01 



Outdoor Advertising Authority. 

For the service of the outdoor advertising 
authority, including not more than ten 
permanent positions .... 



5,145 00 



Mount Grcylock Reservation Commission. 

0466-01 For the maintenance of the Mount Greylock 
war memorial ..... 



$2,152 00 



Old State House. 

0467-01 For the contribution of the commonwealth 
toward the maintenance of the old provin- 
cial state house ..... 



$1,500 00 



Commission on Alcoholism. 

0468-01 For the service of the commission on alco- 
holism, as authorized by chapter five hun- 
dred and thirteen of the acts of nineteen 
hundred and forty-seven, including not 
more than one permanent position . 



$11,045 00 



Contributory Retirement Appeal Board. 

0471-01 For the service of the contributory retirement 
appeal board 



$200 00 



Rent Control Agency. 

0473-01 For the administration of a program of rent 
control, as authorized by chapter four 
hundred and thirty-four of the acts of 
nineteen hundred and fifty-three, prior 
appropriation continued 



$19,675 00 



Connecticut River Valley Flood Control Commission. 

0474-01 For expenses of the commission and for reim- 
bursement for loss of taxes, as authorized 
by chapter six hundred and ninety-two of 
the acts of nineteen hundred and fifty-one $10,336 00 



Massachusetts Aeronautics Commission. 

0490-01 For the compensation and expenses of mem- 
bers of the Massachusetts aeronautics 
commission, including not more than five 
permanent positions .... $6,800 00 

0490-02 For the service of the Massachusetts aero- 
nautics commission, including not more 
than nine permanent positions . . 61,075 00 

Total $67,875 00 



State Airport Management Board. 

0492-01 For the service of the state airport manage- 
ment board, as authorized by chapter six 



Acts, 1954. — Chap. 453. 



333 



Item 



0493-01 



0493-02 

0493-03 
0494^01 



hundred and thirty-seven of the acts of 
nineteen hundred and forty-eight, includ- 
ing not more than nine permanent positions S52,274 00 

For the operation of the Logan airport, in- 
cluding not more than one hundred and 
four permanent positions . . . 755,950 00 

For certain repairs and the seal coating of 

runways, prior appropriation continued 100,000 00 

This item included in item 0493-02. 

For the operation of the Hanscom field, in- 
cluding not more than eight permanent 
positions 39,075 00 

Total $947,299 00 

Total, Boards and Commissions serving 
under Governor and Council . . . $3,941,990 00 



Service of the Secretary of the Commonwealth. 



0501-01 For the salary of the secretary . 

0501-02 For the office of the secretary, including not 
more than seventy-four permanent posi- 
tions ....... 

0501-10 For the expenses of the decennial census 

0502-01 For the purchase of certain supplies, equip- 
ment and repairs necessary in connection 
with the reproduction of the manuscript 
collection designated "Massachusetts Ar- 
chives", and for the furnishing of photo- 
static copies of corporation papers, election 
papers and acts and resolves 

0502-02 For the purchase and distribution of copies 
of certain journals of the house of repre- 
sentatives of Massachusetts Bay from 
seventeen hundred and fifteen to seventeen 
hundred and eighty, inclusive, as author- 
ized by chapter four hundred and thirteen 
of the acts of nineteen hundred and 
twenty, as amended . . . , 

Total 

Printing Laws, etc.: 

0503-01 For printing and distributing the pamphlet 
edition and for printing and binding the 
blue book edition of the acts and resolves 
of the year nineteen hundred and fifty-five, 
prior appropriation continued . 

0503-02 For the printing of reports of decisions of the 
supreme judicial court, prior appropriation 
continued ...... 

0503-03 For printing and binding public docimients, 
prior appropriation continued . 

Total 

Mailers relating to Elections: 
0504-01 For preparing, printing and distributing 
ballots, and other miscellaneous expenses 
for primary and other elections, including 
not more than five permanent positions, 
prior appropriation continued . 



$9,000 00 



359,309 00 
12,790 00 



6,650 00 



2,250 00 



$389,999 00 



$32,150 00 



12,825 00 

6,525 00 

$51,500 00 



$232,232 00 



334 



Acts, 1954. — Chap. 453. 



Item 

0504-04 For expenses of publication of lists of candi- 
dates and forms of questions before state 
elections $16,000 00 

Total . . . ' . . . $248,232 00 



Medical Examiners: 
0505-01 For medical examiners' fees 



$1,500 00 



Commission on Interstate Co-operation. 

0506-01 For the service of the commission, including 
not more than two permanent positions 



$26,630 00 



Total, Secretary of the Commonwealth $717,861 00 



Service of the Treasurer and Receiver-General. 

0601-01 For the salary of the treasurer and receiver- 
general .... $9,000 00 

0601-02 For the office of the treasurer and receiver- 
general, including not more than forty-four 
permanent positions; provided, that the 
comptroller shall transfer to the General 
Fund the sum of one hundred and twenty 
thousand dollars from the Highway Fimd 



Total 



330,735 00 
$339,735 00 



Commissioners on Firemen's Relief. 

0602-01 For expenses of administration and for rehef 
disbursed by the commissioners on fire- 
men's relief ...... 



$15,220 00 



State Board of Retirement. 

0604-01 For the administrative office of the board, 
including not more than twenty permanent 
positions, prior appropriation continued . $80,675 00 

060-^)3 For the payment of the commonwealth's 
share in financing the state employees' re- 
tirement system, as provided by chapter 
thirty-two of the General Laws, prior ap- 
propriation continued; provided, that the 
comptroller shall transfer to the General 
Fund the sum of one hundred and fifty 
thousand dollars from the Highway Fund; 
and, further provided, that the amounts of 
reimbursements received from the metro- 
politan district commission, in accordance 
with the provisions of section nine A of 
chapter twenty-nine of the General Laws, 
are to be in addition to this item and to be 
available for expenditure without further 
appropriation 2,991,930 00 

Total $3,072,605 00 



Acts, 1954. — Chap. 453. 



335 



Item 



Emergency Finance Board. 



0605-01 For administrative expenses of the board, 
including not more than one permanent 
position ...... 



S15,230 00 



Total, Department of the Treasurer and 

Receiver-General .... .$3,442,790 00 



0701-01 
0701-02 



0701-23 
0701-24 



Service of the Auditor of the Commonwealth. 

For the salary of the auditor . . . $9,000 00 

For the office of the auditor, including not 
more than forty permanent positions; pro- 
vided, that the comptroller shall transfer 
to the General Fund the sum of forty-eight 
thousand three hundred and sixty dollars 
from the Highway Fund . . . 241,795 00 

For an audit of the accounts of the Metro- 
politan Transit Authority . . 24,610 00 

For the expense of an audit of the books of 
the New Bedford, Woods Hole, Martha's 
Vineyard and Nantucket Steamship Au- 
thority, to be reimbursed by said authority 
as provided by law .... 



Total, Department of the Auditor 



4,400 00 
$279,805 00 



Service of the Department of the Attorney General. 

0801-01 For the salary of the attorney general . . $12,000 00 

0801-02 For the office of the attorney general, includ- 
ing not more than forty-one permanent 
positions 276,480 00 

0802-01 For the settlement of certain claims, as pro- 
vided by law, on account of damages by 
cars owned by the commonwealth and op- 
erated by state employees; provided, that 
the comptroller shall transfer to the Gen- 
eral Fund from the appropriate funds sums 
equal to the payments made under this 
item for claims against agencies whose 
appropriations are derived from other 
funds 25,000 00 

0802-02 For the settlement of certain small claims, as 
authorized by section three A of chapter 
twelve of the General Laws . . . 15,000 00 

Total, Department of the Attorney Gen- 
eral $328,480 00 



0901-01 
0901-02 



0901-11 
0901-21 



Service of the Department of Agriculture. 

For the salary of the commissioner . . $7,000 00 

For the office of the commissioner, including 
not more than twenty-six permanent posi- 
tions 131,286 00 

For compensation and expenses of members 

of the a;dvisory board .... 330 00 

For apiary inspection, including not more 
than one permanent position, and for the 
reimbursement of owners of diseased bees 



336 



Acts, 1954. — Chap. 453. 



Item 



0901-22 



as provided in section thirty-four of chapH 
ter one hundred and twenty-eight of the 

General Laws $8,170 GO 

For a program of soil conservation, as author- 
ized by chapter five hundred and thirty- 
one of the acts of nineteen hundred and 
forty-five, as amended .... 1,732 00 



Total 



$148,518 00 



Division of Dairijimj and Animal Husbandry. 

0905-01 For the service of the division, including not 

more than eight permanent positions . $45,786 00 

0905-03 For administering the law relative to the in- 
spection of barns and dairies by the de- 
partment of agriculture, including not more 
than fifteen permanent positions . . 82,840 00 

Total $128,626 00 



Milk Control Commission. 

0906-01 For the service of the commission, including 
not more than thirty-four permanent posi- 
tions; provided, that permanent civil serv- 
ice employees of the milk control commis- 
sion may be transferred to positions in the 
service of the commonwealth of equal or 
lower grade, as established by the division 
of personnel, regardless of whether or not 
the title is similar, upon request of the ap- 
pointing authority of the department to 
which the employee is to be transferred and 
with the consent of the employee. Such 
transfer shall be without loss of seniority, 
retirement or other rights 



$165,358 00 



Division of Livestock Disease Control. 

0907-01 For the office of the director, including not 
more than twenty-six permanent positions 
and not more than fifty permanent inter- 
mittent positions $222,205 00 

0907-06 For reimbursement of owners of horses killed 
during the year nineteen hundred and fifty- 
five and previous years, travel, when al- 
lowed, of inspectors of animals, incidental 
expenses of killing and burial, quarantine 
and emergency services, and for laboratory 
and veterinary supplies and equipment 12,760 00 

0907-07 For reimbursement of owners of tubercular 
cattle killed, as authorized by section 
twelve A of chapter one hundred and 
twenty-nine of the General Laws and in 
accordance with certain provisions of law 
and agreements made under authority of 
section thirty-three of said chapter one 
hundred and twenty-nine, prior appropria- 
tion continued 10,000 00 

0907-10 This item included in item 0907-01. 



Total 



$248,925 00 



Acts, 1954. — Chap. 453. 



337 



Item 



Division of Markets. 



0908-01 For the service of the division, including not 

more than twelve permanent positions $84,960 00 



Division of Plant Pest Control and Fairs. 

0909-01 For the service of the division, including not 
more than three permanent positions 



$34,305 00 



State Reclamation Board. 

0910-01 For the service of the board, including not 
more than four permanent positions 

Total, Department of Agriculture . 



$15,965 00 
$822,697 00 



Service of the Department of Natural Resources. 

1001-01 For the salary of the commissioner . . $10,000 00 
1001-02 For the office of the commissioner, including 
not more than nineteen permanent posi- 
tions 116,160 00 

1001-04 For the expenses of the natural resources 

board 3,000 00 

Total $129,160 00 



Division of Forests and Parks. 

1002-01 For the office of the director, including not 

more than five permanent positions . $22,850 00 

1002-12 For the service of the state fire warden, in- 
cluding not more than eighteen permanent 
positions, and for expenses of the North- 
eastern Forest Fire Protection Commission, 
as authorized by chapter four hundred and 
fifty-seven of the acts of nineteen hundred 
and forty-nine, and for compensation of 
commissioners, as provided by section four 
of said chapter 357,205 00 

1002-14 For the expenses of forest fire patrol, as au- 
thorized by section twenty-eight A of chap- 
ter forty-eight of the General Laws . 59,470 00 

1002-21 For the development of forests, including not 
more than twenty-seven permanent posi- 
tions . . 220,225 00 

1002-26 For certain farm forestry projects in co-op- 
eration with the United States Forest Serv- 
ice and the county of Berkshire; provided, 
that no expenditure shall be made imder 
this item until the county of Berkshire shall 
have deposited the sum of one thousand 
four hundred and seventy-one dollars in 
the state treasury for this project 5,885 00 

1002-27 For certain farm forestry projects in co- 
operation with the United States Forest 
Service and the county of Essex; provided, 
that no expenditure shall be made under 
this item until the county of Essex shall 
have deposited the sum of one thousand 
four hundred and ninety-six dollars in the 
state treasury for this project . . . 5,986 00 



338 



Acts, 1954. — Chap. 453. 



Item 
1002-31 



1003-01 
1003-02 

1003-03 



1004-70 



1004-93 



For the suppression of insect pests and shade 
tree diseases, including gypsy and brown 
tail moths and Japanese beetles under any 
general or special law, and including not 
more than seven permanent positions, prior 
appropriation continued . . . $183,015 00 

Total $854,635 00 

Division of Law Enforcement. 
For the office of the director, including not 

more than five permanent positions . $20,055 00 

For the administration and enforcement of 

laws relative to shellfish and other marine 

fisheries, and for regulating the sale and 

cold storage of fresh food fish, including not 

more than twenty-six permanent positions 145,110 00 

For conservation officers, including not more 

than thirty-nine permanent positions; pro- 
vided, that the comptroller shall transfer to 

the General Fund a sum equal to fifty per 

cent of the payments made under this item 

from the Inland Fisheries and Game Fund, 

as provided by section three A of chapter 

one hundred and thirty-one of the General 

Laws 206,245 00 

Total $371,410 00 

Division of Marine Fisheries. 
For the service of the office of the director, 

including not more than ten permanent 

positions, and for the administration of the 

activities provided for under items 2610-04 

and 2610-05 86,010 00 

For experimental work with and consultant 

services of the Woods Hole Oceanographic 

Institute for the purpose of increasing the 

supply of shellfish in the commonwealth . 20,000 00 

Total $106,010 00 

Total, Department of Natural Resources $1,461,215 00 



1101-01 
1101-02 



1102-01 



Service of the Department of Banking and Insurance 

Division of Banks. 
For the salary of the commissioner 



1103-01 
1103-02 



For the office of the commissioner, including 
not more than one hundred and fifty-four 
permanent positions .... 

For the office of the supervisor of loan agen- 
cies, including not more than nine perma- 
nent positions ..... 

Total 

Division of Insurance. 
For the salary of the commissioner 
For the service of the division, including ex- 
penses of the board of appeal and certain 
other costs of supervising motor vehicle 



$12,000 00 



822,634 00 



42,030 00 
$876,664 00 



$12,000 00 



Acts, 1954. — Chap. 453. 



339 



Item 



1105-01 



liability insurance, and including not more 
than two hundred and thirty-nine perma- 
nent positions; provided, that contracts 
or orders for the purchase of statement 
blanks for the making of annual reports to 
the commissioner of insurance shall not be 
subject to the restrictions prescribed by 
section one of chapter five of the General 
Laws; and, provided further, that the 
comptroller shall transfer to the General 
Fund the sum of one hundred and sixty-six 
thousand nine hundred and twenty-five 
doUars from the Highway Fund . . $1,112,830 00 

Total $1,124,830 00 

Division of Savings Bank Life Insurance. 
For the service of the division, including not 
more than thirty permanent positions . $129,365 00 

Total, Department of Banking and In- 
surance $2,130,859 00 



Service of the Department of Corporations and Taxation. 

1201-01 For the salary of the commissioner and asso- 
ciate commissioners .... $43,000 00 

1201-02 For personal services of the department ex- 
cept as otherwise provided, including not 
more than six hundred and sixty-six per- 
manent positions; provided, that the 
comptroller shall transfer to the General 
Fund the sum of one hundred and thirty- 
seven thousand one hundred and eighty- 
five dollars from the Highway Fund, the 
sum of one hundred and thirty-seven thou- 
sand one hundred and eighty-five dollars 
from amounts collected under chapter 
sixty-four B of the General Laws and the 
sum of one million seven hundred thou- 
sand dollars from the receipts of the in- 
come tax 2,743,710 00 

1201-03 For expenses of the department except as 
otherwise provided for; provided, that the 
comptroller shall transfer to the General 
Fund the sum of twenty-five thousand 
three hundred and fifty-three dollars from 
the Highway Fund .... 126,765 00 

1201-12 For expenses of the division of field investiga- 
tion and temporary taxes . . . 23,105 00 

1201-22 For expenses for the administration of an 
excise on meals; provided, that a sum 
equivalent to the payments under this 
item shall be transferred to the General 
Fund from amounts collected under chapy- 
ter sixty-four B of the General Laws 27,890 00 

1202-02 For expenses of the income tax division; 
provided, that a sum equivalent to the 
payments under this item shall be trans- 
ferred to the General Fund from receipts 
of the income tax 431,940 00 

1202-03 This item omitted. 

Total $3,396,410 00 



340 



Acts, 1954. — Chap. 453. 



Item 
1203-01 



1203-11 



1203-12 



1203-21 



1204r-01 



Division of Accounts. 

For the service of the division, including not 
more than one hundred and twenty-two 
permanent positions, partly chargeable to 
item 1203-11 $610,400 00 

For expenses of auditing and installing sys- 
tems of municipal accounts, the cost of 
which is to be assessed upon the munici- 
palities for which the work is done . 63,000 00 

For the expenses of certain books, forms and 
other material which may be sold to cities 
and towns requiring the same for maintain- 
ing their system of accounts 45,000 00 

For the ser\ice of the county personnel 
board, including not more than six perma- 
nent positions ..... 16,045 00 

Total $734,445 00 

Appellate Tax Board. 

For the service of the board, including not 
more than twenty-eight permanent posi- 
tions $178,544 00 

Total, Department of Corporations and ====== 

Taxation $4,309,399 00 



1301-01 
1301-02 



1301-03 



1301-06 

1301-07 
1301-08 



1301-10 
1301-12 



Service of the Department of Education. 

For the salary of the commissioner . $11,000 00 

For the office of the commissioner, including 

not more than sixty-five permanent posi- 
tions 327,930 00 

For extension courses in the methods used 

in the art of teaching and related subjects, 

to be conducted by the division of teachers 

colleges, for graduates of teachers colleges 

or for such students or graduates of other 

colleges as may be approved by the state 

board of education; provided, that such 

courses may be furnished free of charge to 

veterans, as authorized in sections seven 

and seven A of chapter sixty-nine of the 

General Laws; and, further provided, that 

the division may, in addition to the sums 

appropriated for the purpose in this item, 

receive and expend without appropriation 

income derived from such courses as may 

be conducted at no net expense to the 

commonwealth to an amount not exceed- 
ing fifty thousand dollars with the approval 

of the state board of education . 20,000 00 

For printing school registers and other school 

blanks for cities and towns . . 4,900 00 

For expenses of holding teachers' institutes . 970 00 

For aid to certain pupils in state teachers' 

colleges, under the direction of the depart- 
ment of education ..... 4,000 00 
For the service of the state building on New- 
bury Street, Boston, including not more 

than four permanent positions 38,240 00 

For the representation of the commonwealth 

at a meeting of the Northeastern State 

Board and Commissioners of Education 1,000 00 



Acts, 1954. — Chap. 453. 



341 



Item 
1301-20 

1301-21 



1301-23 

1301-24 
1301-25 

1301-28 
1301-29 
1302-01 



For the Board of Education, including not 

more than two permanent positions . $10,005 00 

For the service of the Massachusetts Re- 
habilitation Commission, including not 
more than six permanent positions . . 12,600 00 

For printing guides for school curricula, prior 
appropriation continued. 

This item included in item 1301-02. 

For expenses of the board of collegiate au- 
thority 625 00 

This item included in item 1301-02. 

For a program of sight saving classes . . 1,250 00 

For a summer school to be conducted at Hy- 
annis or elsewhere, with the approval of the 
commissioner of education . . 7,910 00 

Total $440,430 00 



1305-01 



1305-05 



School Lunch and Commodity Distribution Program. 

For the administration of the program, in- 
cluding not more than twenty-two perma- 
nent positions $96,299 00 

For partial assistance in the furnishing of 
lunches to school children, as authorized by 
chapter five hundred and thirty-eight of 
the acts of nineteen hundred and fifty-one; 
provided, that notwithstanding any provi- 
sions of law to the contrary, payments so 
authorized to be paid from state funds 
shall not exceed fifty per cent of the total 
reimbursement authorized by the national 
school lunch act; and, further provided, 
that a sum equivalent to the payments 
under this item shall be transferred to the 
General Fund from the receipts of the in- 
come tax ...... 



Total 

Division of Vocational Education. 

1307-01 For the training of teachers for vocational 
schools, to comply with the requirement 
of federal authorities under the provisions 
of the Smith-Hughes act, so called, includ- 
ing not more than thirty-one permanent 
positions ...... 

1307-02 For expenses required for the operation of an 
agency for surplus property 

Total 

Division of Vocational Rehabilitation. 

1309-01 For the expenses of the division of vocational 
rehabilitation, prior appropriation con- 
tinued ....... 

1309-02 This item included in item 1309-01. 

Total 

Education of Deaf and Blind Pupils. 

1311-01 For education of deaf and blind pupils of the 
commonwealth, as provided by section 



290,000 00 
$386,299 00 



$102,186 00 

17,200 00 

$119,386 00 



$197,000 00 



$197,000 00 



342 



Acts, 1954. — Chap. 453. 



Item 

twenty-six of chapter sixty-nine of the 
General Laws, prior appropriation con- 
tinued $1,018,500 00 

Division of University Extension. 

1313-01 For the university extension courses, includ- 
ing not more than forty permanent posi- 
tions $308,425 00 

1313-05 This item included in item 1301-02. 

Total 



131&-01 

1316-01 

1317-01 

1317-08 

1317-10 

1317-11 
1317-13 

1317-15 

1317-16 
1317-17 

1317-28 



Division of Immigration and Americanization. 

For the service of the division, including not 
more than nineteen permanent positions . 

Division of Public Libraries. 

For the service of the division, including not 
more than twenty-five permanent positions 

Division of the Blind. 

For general administration and for instruction 
of the adult blind in their homes, including 
not more than sixty-five permanent posi- 
tions ....... 

For aiding the adult blind, subject to the 
conditions provided by law, including the 
cost of certain medical assistance and sup- 
plies, prior appropriation continued 

For expenses of administering and operating 
the service of piano tuning under section 
twenty-five of chapter sixty-nine of the 
General Laws ..... 

For the operation of local shops, including 
not more than eleven permanent positions 

For the operation of the Woolson House in- 
dustries, including not more than three 
permanent positions .... 

For the operation of the salesroom and other 
expenses in connection with the sale of 
materials made by blind persons, including 
not more than four permanent positions . 

For the operation of certain industries for 
men, including not more than seven per- 
manent positions ..... 

For the operation of a workshop for the blind 
in the city of Springfield, as authorized by 
chapter six hundred and sixty-six of the 
acts of nineteen hundred and fifty-one, in- 
cluding not more than two permanent 
positions ...... 

For the promotion of vocational rehabilita- 
tion of the blind in co-operation with the 
federal government .... 



Total 



Teachers' Retirement Board. 



1319-01 
1319-08 



For the service of the board, including not 
more than thirty permanent positions 

For the payment of the commonwealth's 
share in financing the teachers' retirement 



$308,425 00 

$86,530 00 

$114,610 00 

$261,285 00 

1,179,900 00 

22,500 00 
168,951 00 

97,458 00 

38,325 00 
366,146 00 

50,124 00 

23,000 00 
$2,207,689 00 

$116,481 00 



Acts, 1954. — Chap. 453. 



343 



Item 



1327-01 
1327-10 



system, as provided by chapter thirty-two 
of the General Laws as amended, prior 
appropriation continued . $6,770,000 00 

Total $6,886,481 00 

Massachusetts Maritime Academy. 

For administration, including not more than 

two permanent positions $10,770 00 

For maintenance of the academy and ship, 
including not more than forty-nine perma- 
nent positions, with the approval of the 
commissioner of education . . 343,246 00 

Total $354,016 00 



For the ynaintenance of and for certain im- 
provements at the following state teachers' 
colleges, and the boarding halls attached 
thereto, inth the approval of the commis- 
sioner of education: 

1330-01 State teachers' college at Bridgewater, in- 
cluding not more than eighty-two perma- 
nent positions $473,840 00 

1330-21 State teachers' college at Bridgewater, board- 
ing hall, including not more than thirty- 
two permanent positions . 173,030 00 

1331-01 State teachers' college at Fitchburg, includ- 
ing not more than eighty permanent posi- 
tions 449,752 00 

1331-21 State teachers' college at Fitchburg, boarding 
hall, including not more than eleven per- 
manent positions ..... 96,130 00 

1332-01 State teachers' college at Framingham, in- 
cluding not more than eighty-one perma- 
nent positions 368,410 00 

1332-21 State teachers' college at Framingham, board- 
ing hall, including not more than thirty 
permanent positions .... 141,575 00 

1332-36 For the renovation of the heating system, 
Crocker hall, prior appropriation contin- 
ued, expires June thirtieth, nineteen hun- 
dred and fifty-six 7,000 00 

1333-01 State teachers' college at Lowell, including 
not more than fifty-six permanent posi- 
tions 237,585 00 

1334r-01 State teachers' college at North Adams, in- 
cluding not more than thirty-six permanent 
positions 156,890 00 

1334r-21 State teachers' college at North Adams, 
boarding hall, including not more than five 
permanent positions .... 26,970 00 

1335-01 State teachers' college at Salem, including not 

more than sixty-one permanent positions . 313,700 00 

1336-01 State teachers' college at Westfield, including 
not more than thirty-nine permanent posi- 
tions 164,085 00 

1336-21 State teachers' college at Westfield, boarding 
hall, including not more than two perma- 
nent positions ..... 8,090 00 

1337-01 State teachers' college at Worcester, includ- 
ing not more than fifty-four permanent 
positions 248,690 00 



344 



Acts, 1954. —Chap. 453. 



Item 
1337-31 



1338-01 
1338-21 
1338-24 
1339-01 



1340-01 



1342-01 



1342-22 
1342-23 



For resurfacing certain floors, prior appro- 
priation continued, expires June thirtieth, 
nineteen hundred and fifty-six . $5,000 00 

State teachers' college at Boston, including 
not more than seventy-two permanent posi- 
tions . " . 409,740 00 

For the reconstruction of a certain coping 
and parapet, appropriation expires June 
thirtieth, nineteen hundred and fifty-six 20,000 00 

For certain interior painting, appropriation 
expires June thirtieth, nineteen hundred 
and fifty-six 5,000 00 

Massachusetts school of art, including not 
more than thirty-three permanent posi- 
tions 224,355 00 

Total $3,529,842 00 

For the maintenance of and for certain im- 
provements at the folloiviytg institutes, liith 
the approval of the commissioner of edu- 
cation and the trustees thereof: 

Bradford Durfee technical institute, includ- 
ing not more than thirty-one permanent 
positions, and including the sum of ten 
thousand dollars which is to be assessed 
upon the city of Fall River as a part of the 
charges to be paid by said city to the com- 
monwealth in the calendar j'^ear nineteen 
hundred and fifty-four .... .$225,825 00 

New Bedford institute of textiles and tech- 
nology, including not more than thirty-four 
permanent positions, and including the sum 
of ten thousand dollars which is to be as- 
sessed upon the city of New Bedford as a 
part of the charges to be paid by said city 
to the commonwealth in the calendar year 
nineteen hundred and fifty-four . 223,435 00 

For certain interior and exterior painting, 
appropriation expires June thirtieth, nine- 
teen hundred and fifty-six 10,000 00 

This item included in item 1342-22. 

Total $459,260 00 



Lowell Technological Institute of Massachusetts. 

1345-01 For the maintenance of the Lowell Techno- 
logical Institute of Massachusetts, with the 
approval of the trustees, including not more 
than one hundred and thirty-four perma- 
nent positions, and including the sum of 
ten thousand dollars which is to be assessed 
upon the city of Lowell as a part of the 
charges to be paid by said city to the com- 
monwealth in the calendar year nineteen 
hundred and fifty-four: provided, that said 
institute is hereby authorized to conduct a 
summer school at no expense to the com- 
monwealth, and for said purpose the insti- 
tute may receive and expend income de- 
rived therefrom $926,980 00 

1345-42 For certain scholarships at the Lowell Tech- 
nological Institute of Massachusetts, as 



Acts, 1954. — Chap. 453. 



345 



Item 

authorized by chapter four hundred and 
seven of the acts of nineteen hundred and 
fifty-three $5,000 00 

Total $931,980 00 

University of Massachusetts. 

1350-01 For the maintenance of the University of 
Massachusetts, with the approval of the 
trustees, including not more than eight 
hundred and ninety-five permanent posi- 
tions; provided, that notwithstanding the 
limitation of section four of chapter seven 
hundred and fifteen of the acts of nineteen 
hundred and fifty-one, authorization is 
hereby granted to allow payment from this 
account of the increase pro\ided under said 
chapter seven himdred and fifteen to all 
employees at the University of Massachu- 
setts classified under sections forty-five to 
fifty, inclusive, of chapter thirty of the 
General Laws, as amended . . . $6,048,645 00 

1350-21 This item omitted. 

1350-25 For certain additional improvements to farm 
and dairy buildings, including furnishings 
and equipment, prior appropriation con- 
tinued. 

1350-96 For certain scholarships at the University of 
Massachusetts, as authorized by chapter 
five hundred and twenty-four of the acts of 
nineteen hundred and fifty-one . 25,000 00 

Total $6,073,645 00 



Youth Service Board. 

1380-01 For administration of the youth service 
board, as authorized by chapter six hun- 
dred and five of the acts of nineteen hun- 
dred and fifty-two, including not more than 
sixty-five permanent positions . . . $546,235 00 

For the maintenance of and for certain inv- 
provements at the institutions under the con- 
trol of the youth service board, with the ap- 
proval of said hoard; provided, that perma- 
nent employees in the farm quotas of said 
institutions whose positions loere abolished 
as of June thirtieth, nineteen hundred and 
fifty-three, shall be transferred to positions in 
the service of the commonwealth of equal or 
lower grade, as established by the division of 
personnel, regardless of whether or not the title 
is similar, upon request of the appointing 
authority of the department to which the ew- 
ployee is to be transferred and ivith the consent 
of the employee. Such transfer shall be with- 
out loss of seniority, retirement, civil service 
or other rights: 

1381-01 Industrial school for boys, including not more 
than one hundred and ten permanent posi- 
tions 548,310 00 

1382-01 Industrial school for girls, including not more 

than fifty-six permanent positions . . 340,755 00 



346 



Acts, 1954. — - Chap. 453. 



Item 
1383-01 



1384-01 



1385-01 



1391-01 



1393-01 



Lyman school for boys, including not more 
than one hundred and thirty-seven perma- 
nent positions ..... 

For the operation of a detention center, in- 
cluding not more than six permanent posi- 
tions . . . . . . 

For the operation of the institute of juvenile 
guidance, including not more than forty- 
eight permanent positions 

Total 

Total, Youth Service Board . 

Board of Educational Television. 

For the expenses of the board of educational 
television, prior appropriation continued. 

School Building Assistance Commission. 

For the school building assistance commis- 
sion ...... 

Total, Department of Education . 



S761,865 00 

131,520 00 

168,195 00 
$1,950,645 00 
$2,496,880 00 



$63,235 00 
$25,674,208 00 



Service of the Department of Civil Service and Registration. 

Division of Civil Service. 

1402-01 For the salary of the director and for the 
compensation of members of the commis- 
sion ...... 

1402-02 For the service of the division, including not 
more than two hundred and one permanent 
positions; provided, that the comptroller 
shall transfer to the General Fund the sum 
of one hundred and twenty thousand eight 
hundred and seventy dollars from the High- 
way Fund ...... 

1402-21 For expenses of hearings, as authorized by 
section one of chapter six hundred and 
sixty-seven of the acts of nineteen him- 
dred and forty-five . ... 

Total 

Division of Registration. 
1403-01 For the salary of the director 



1403-02 For the service of the division, including not 
more than forty-four permanent positions 

Total 

For the service of the following agencies in 
the division: 
1404r-01 Board of registration in medicine, including 

not more than seven permanent positions . 
1405-01 Board of dental examiners, including not 

more than five permanent positions 
1406-01 Board of registration in chiropody, including 

not more than five permanent positions . 
1407-01 Board of registration in pharmacy, including 

not more than nine permanent positions . 



$33,400 00 

805,800 00 

4,000 00 
$843,200 00 

$5,000 00 
214,515 00 
$219,515 00 



$8,060 00 
4,800 00 
2,800 00 

25,730 00 



Acts, 1954, — Chap. 453. 



347 



Item 

1408-01 Board of registration of nurses, including not 

more than ten permanent positions . $4,405 00 

1409-01 Board of registration in embalming and fu- 
neral directing, including not more than 
three permanent positions 

1410-01 Board of registration in optometry, including 
not more than five permanent positions . 

1411-01 Board of registration in veterinary medicine, 
including not more than five permanent 
positions ...... 

1412-01 Board of registration of professional engineers 
and land surveyors .... 

1413-01 Board of registration of architects, including 
not more than five permanent positions . 

1414-01 Board of registration of certified public ac- 
countants, including not more than five 
permanent positions .... 

1416-01 State examiners of electricians, including not 
more than two permanent positions 

1417-01 State examiners of plumbers, including not 
more than three permanent positions 

1420-01 Board of registration of barbers, including not 
more than eight permanent positions 

1421-01 Board of registration of hairdressers, includ- 
ing not more than seventeen permanent 
positions 72,075 00 

Total $196,893 00 

Total, Department of Civil Service and 

Registration $1,259,608 00 



6,600 00 


2,250 00 


2,390 00 


4,010 00 


3,410 00 


9,350 00 


8,000 00 


6,250 00 


36,763 00 



Service of the Department of Commerce. 

1551-01 For the service of the department, including 
not more than twenty-seven permanent 
positions, prior appropriation continued . 



Total, Department of Commerce 



$533,799 00 
$533,799 00 



Service of the Department of Labor and Industries. 

1601-01 For general administration, including not 

more than thirteen permanent positions . $76,520 00 

1603-01 For the division of industrial inspection, in- 
cluding not more than sixty-seven per- 
manent positions ..... 335,855 00 

1605-01 For the division of occupational hygiene, in- 
cluding not more than fourteen permanent 
positions 70,660 00 

1607-01 For the division of statistics, including not 

more than thirty-four permanent positions 140,615 00 

1609-01 For administration of the division on neces- 
saries of life, including not more than five 
permanent positions .... 23,200 00 

1609-05 For administration, by said division, of sec- 
tions two hundred and ninety-five A to two 
hundred and ninety-five O, inclusive, of 
chapter ninety-four of the General Laws, 
relating to the advertising and sale of motor 
fuel at retail, including not more than 
twelve permanent positions . . . 59,643 00 



348 



Acts, 1954. — Chap. 453. 



Item 
1611-01 

1613-01 

1615-01 



For the board of conciliation and arbitration, 

including not more than sixteen permanent 

positions $96,030 00 

For the commission on minimum wage and 

for expenses of wage boards, including not 

more than thirty-four permanent positions 138,375 00 

For the division of standards, including not 

more than fifteen permanent positions 78,580 00 

Total $1,019,478 00 



Labor Relations Commission. 

1619-01 For the service of the commission, including 
not more than nineteen permanent posi- 
tions ....... 



$97,038 00 



Division of Industrial Accidents. 

1651-01 For personal services of members of the 
board, including not more than nine per- 
manent positions ..... $73,000 00 

1651-02 For the service of the board, including not 
more than one hundred and twenty-five 
permanent positions; provided, that not- 
withstanding the provisions of chapter six 
hundred and thirty of the acts of nineteen 
hundred and fifty-two, the board shall 
provide such clerical service from time to 
time as may be required by the Massachu- 
setts rehabilitation commission _ . _ . 643,085 00 

1651-05 For expenses of impartial examinations, prior 

appropriation continued .... 62,500 00 

1651-06 For the compensation of certain public em- 
ployees for injuries sustained in the course 
of their employment, as provided by section 
sixty-nine of chapter one hundred and fifty- 
two of the General Laws, prior appropria- 
tion continued; provided, that the comp>- 
troUer shall transfer to the General Fund 
the sum of one hundred and fifty-eight 
thousand dollars from the Highway Fund 450,000 00 

Total $1,228,585 00 



Division of Self-Insurance. 

1651-21 For the service of the division, including not 
more than six permanent positions, as au- 
thorized by chapter sixty of the acts of 
nineteen hundred and forty-five 

Total, Department of Labor and In- 
dustries ...... 



$29,080 00 



$2,374,181 00 



Service of the Department of Mental Health. 



1701-01 For the salary of the commissioner 

1701-02 For administration, including the division of 

mental hygiene, and including not more 

than one hundred and eighty-four perrna- 

nent positions, and for the transportation 



$15,000 00 



Acts, 1954. — Chap. 453. 



349 



Item 



and medical examinations of patients and 
certain feeble-minded persons; provided, 
that the position of supervisor of laundry 
service shall not be subject to the civil 
service laws and rules .... 

Total 



$1,334,221 00 
$1,349,221 00 



Division of Mental Hygiene. 
1702-00 This item included in item 1701-02. 

For the maintenance of and for certain im- 
provements at the following institutions 
under the control of the department of 
mental health: 

1710-00 Boston psychopathic hospital, including not 
more than one hundred and ninety-three 
permanent positions .... $961,326 00 

1711-00 Boston state hospital, including not more 
than seven hundred and seventy-two per- 
manent positions 3,899,100 00 

1711-21 For certain fireproofing in the K Building, 
prior appropriation continued. 

1712-00 Danvers state hospital, including not more 
than six hundred and fifty-five permanent 
positions 2,885,012 00 

1712-21 For certain floor covering, appropriation ex- 
pires June thirtieth, nineteen hundred and 
fifty-six 20,000 00 

1713-00 Foxborough state hospital, including not 
more than four hundred and fifteen per- 
manent positions 1,827,080 00 

1714-00 Gardner state hospital, including not more 
than four hundred and twenty-two perma- 
nent positions 2,039,200 00 

1714-21 For the replacement of a steam line from the 
power house to the Birch Cottage, prior 
appropriation continued. 

1714-23 For certain renovations to the administration 
building, appropriation expires June thir- 
tieth, nineteen hundred and fifty-six 8,500 00 

1715-00 Grafton state hospital, including not more 
than five hundred and thirty-seven perma- 
nent positions 2,447,885 00 

1715-22 For the replacement of certain steam lines, 
to be in addition to the amount appropri- 
ated in item 7717-13 of section two of 
chapter seven hundred and fifty-six of the 
acts of nineteen hundred and fifty-one, ap- 
propriation expires June thirtieth, nineteen 
hundred and fifty-six .... 50,000 00 

1715-23 For the renovation of the heating system in 
Elms A and Pines D, to be in addition to 
the amount appropriated in item 7717-16 
of section two of chapter seven hundred 
and fifty-six of the acts of nineteen hundred 
and fifty-one, appropriation expires June 
thirtieth, nineteen hundred and fifty-six . 35,000 00 

1716-00 Medfield state hospital, including not more 
than five hundred and twenty-eight per- 
manent positions 2,244,830 00 

1716-21 For certain additions and alterations to the 
kitchen, including the cost of fxirnishings 



350 



Acts, 1954. — Chap. 453. 



Item 

and equipment, prior appropriation con- 
tinued. 

1716-22 For the construction of a hay barn, including 
the cost of furnishings and equipment, 
prior appropriation continued. 

1717-00 Metropohtan state hospital, including not 
more than five hundred and seventy per- 
manent positions ..... $2,532,740 00 

1718-00 Northampton state hospital, including not 
more than five hundred and twenty-nine 
permanent positions .... 2,620,729 00 

1719-00 Taunton state hospital, including not more 
than five hundred and twenty-seven per- 
manent positions ..... 2,507,545 00 

1719-21 For certain plumbing renovations, prior ap- 
propriation continued. 

1719-22 For the renovation of certain exterior walls 
at the colonies, prior appropriation con- 
tinued. 

1720-00 Westborough state hospital, including not 
more than six hundred and thirty- three per- 
manent positions and including a certain 
claim of Charles F. DeWolfe, motor truck 
driver, for the years nineteen hundred and 
forty-nine, nineteen hundred and fifty and 
nineteen hundred and fifty-one, not to ex- 
ceed two hundred and seventy-one dollars 
and seventy-one cents .... 2,787,508 00 

1720-23 For certain plumbing renovations, prior ap- 
propriation continued. 

1721-00 Worcester state hospital, including not more 
than six hundred and eighty-three per- 
manent positions ..... 3,078,744 00 

1722-00 Monson state hospital, including not more 
than five hundred and six permanent posi- 
tions; provided, that the sum of twenty- 
five thousand dollars shall be used for the 
purpose of equippmg and maintaining a 
physical therapy department at said hos- 
pital 2,275,980 00 

1722-21 For the construction and equipment of a 
playground at the Children's Colony, prior 
appropriation continued. 

1723-00 Belchertown state school, including not more 
than three hundred and eighty-two per- 
manent positions ..... 1,816,739 00 
1724-00 Walter E. Fernald state school, including not 
more than seven hundred and fifty-eight 
permanent positions .... 3,247,358 00 
1724-21 For certain plumbing renovations, prior ap- 
propriation continued. 
1725-00 Wrentham state school, including not more 
than five hundred and fourteen permanent 

positions 2,379,900 00 

1725-22 For the renovation of certain hot water sup- 
ply lines, appropriation expires June thir- 
tieth, nineteen hundred and fifty-six 12,000 00 
1726-00 Myles Standish state school, including not 
more than five hundred permanent posi- 
tions ....... 2,243,990 00 

Total S41,921,166 00 

Total, Department of Mental Health . $43,270,387 00 



Acts, 1954. — Chap. 453. 



351 



Item 

1801-01 
1801-02 



1801-05 



1801-21 



Service of the Department of Correction. 

For the salary of the commissioner . . $8,000 00 

For administration, including not more than 
forty-three permanent positions; provided, 
that the persons employed under the divi- 
sion of classification of pi-isoners shall not 
be subject to the civil service laws and rules 211,200 00 

For the operation of prison camps, as author- 
ized by chapter seven hundi-ed and fifty- 
five of the acts of nineteen hundred and 
fifty-one, includina; not more than twenty- 
four permanent positions . . . 190,600 00 

Non-Contributory Pensions: 
For the compensation of certain prison officers 
and instructors formerly in the service of 
the commonwealth, now retired, prior ap- 
propriation continued .... 58,000 00 



Total 



$407,800 00 



Parole Board. 

1805-01 For the service of the board, including not 

more than thirty-nine permanent positions $205,645 00 

For the maintenance of and for certain improve- 
ments at the folloving insllt^i lions under the 
control of the department of correction: 

1810-01 State farm, including not more than four hun- 
dred and forty-six permanent positions . 2,351,115 00 

1812-01 State prison, including not more than one 
hundred and sixty-four permanent posi- 
tions 1,053,030 00 

1814r-01 Massachusetts reformatory, including not 
more than two hundred and nineteen per- 
manent positions ..... 1,196,905 00 

1816-01 Reformatory for women, including not more 
than one hundred and thirty-eight perma- 
nent positions 704,715 00 

1816-23 For the renovation of the electrical distribu- 
tion system, appropriation expires June 
thirtieth, nineteen hundred and fifty-six . 11,000 00 

1818-01 State prison colony, including not more than 
two hundred and thirty-four permanent 
positions 1,331,410 00 

1818-21 For certain improvements and repairs to the 
guard towers and prison wall, prior appro- 
priation continued, appropriation expires 
June thirtieth, nineteen hundred and fifty- 
six 16,000 00 

Total $6,664,175 00 

Total, Department of Correction . . $7,337,620 00 



Service of the Department of Public Welfare. 



1901-01 For the salary of the commissioner 
1901-03 For administration of the program of old age 
assistance provided by chapter one hun- 
dred and eighteen A of the General Laws, 



$10,000 00 



352 



Acts, 1954. — Chap. 453. 



Item 



1901-04 



and for the office of the commissioner and 
expenses of the department of public wel- 
fare, including not more than five hundred 
and forty-seven permanent positions; pro- 
vided, that the comptroller shall transfer 
to the General Fund the sum of seven hun- 
dred and twenty-five thousand two hun- 
dred and eighty-five dollars from the Old 
Age Assistance Fund; and, further pro- 
vided, that any revenue resulting from the 
administration of old age assistance shall 
be credited to the Old Age Assistance Fund $2,417,615 00 
For administrative cost of a program for total 
and permanent disability assistance and 
for payments made in accordance with sec- 
tion three of chapter one hundred and eight- 
een D of the General Laws 



Total 



110,000 00 
$2,537,615 00 



Division of Child Guardianship. 

1906-04 For the care and maintenance of children 
under the jurisdiction of the division of 
child guardianship, prior appropriation 
continued ...... 



$3,350,000 00 



Massachusetts Hospital School. 

1918-00 For the maintenance of the Massachusetts 
hospital school, including not more than 
one hundred and ninety permanent posi- 
tions ....... 



$847,680 00 



Tewksbury State Hospital and Infirmary. 

1919-00 For the maintenance of the Tewksbury state 
hospital and infirmary, including not more 
than seven hundred and seven permanent 
positions ... $3,121,534 00 

1919-34 For the centennial celebration at Tewksbury 

state hospital and infirmary 1,000 00 

Total $3,122,534 00 

Total, Department of Public Welfare . $9,857,829 00 



Service of the Department of Public Health. 

Bureau of Administration. 

2001-01 For the salary of the commissioner $12,500 00 

2001-02 For the service of the division of administra- 
tion, including not more than forty-two 
permanent positions .... 193,424 00 

Total $205,924 00 



Bureau of Institutions. 

2010-01 For the service of the division of tuberculosis 
and sanatoria, including not more than 
twenty-eight permanent positions 



$166,730 00 



Acts, 1954. — Chap. 453. 



353 



Item 
2010-02 

2010-10 



2010-30 



2010-40 



2010-60 



For the commonwealth's share of the opera- 
tion of certain tuberculosis clinics . . $17,000 00 

For the service of the division of biologic lab- 
oratories, including not more than one hun- 
dred and nine permanent positions . . 572,265 00 

For the service of the division of hospitals, 
including not more than seventeen perma- 
nent positions 100,231 00 

For the service of the division of chronic dis- 
eases, including not more than seventeen 
permanent positions .... 182,640 00 

For a heart disease control program . . 15,000 00 

Total $1,053,866 00 



Bureau of Environmental Sanitation. 

2015-01 For the service of the bureau, including not 
more than one hundred permanent posi- 
tions $537,540 00 

2015-25 For certain studies, as authorized by chapters 
thirty-nine, forty, forty-one and sixty-seven 
of the resolves of nineteen hundred and 
fifty-three, prior appropriation continued 7,000 00 

Total $544,540 00 



Bureau of Preventive Medicine. 

2020-01 For the serAice of the division of preventive 
medicine, including not more than fifty-two 
permanent positions .... $355,710 00 

2020-10 For the service of the division of commu- 
nicable diseases, including not more than 
seventeen permanent positions . . 414,041 00 

2020-30 For the operation of alcoholic clinics in the 
out-patient departments of certain general 
hospitals 134,960 00 

Total $904,711 00 

For the maintenance of and for certain im- 
provements at the following institutions 
under the control of the department of pub- 
lic health: 

2022-00 Lakeville state sanatorium, including not 
more than two hundred and twenty-seven 
permanent positions .... $936,687 00 

2023-00 North Reading state sanatorium, including 
not more than two hundred and two per- 
manent positions ..... 834,000 00 

2023-23 For the replacement of a certain hot water 

tank 11,000 00 

2023-24 For the replacement of the fire and boiler feed 
tanks, appropriation expires June tliirtieth, 
nineteen hundred and fifty-six 40,000 00 

2024-00 Rutland state sanatorium, including not more 
than two hundred and forty-eight per- 
manent positions ..... 1,037,113 00 

2025-00 Westfield state sanatorium, including not 
more than two hundred and seventy-five 
permanent positions .... 1,227,849 00 



354 



Acts, 1954. — Chap. 453. 



Item 
2025-23 



2026-00 



2031-00 



For the razing of certain obsolete buildings 
and the relocation of certain steam mains, 
appropriation expires June thu'tieth, nine- 
teen hundred and fifty-six . . S20,000 00 

Lemuel iShattuck hospital, including not more 
than five hundred and seventy-four per- 
manent positions ..... 1,828,955 00 

Pondville hospital, including not more than 
two hundred and forty-five permanent 
positions 1,216,818 00 

Total $7,152,422 00 

Total, Department of Public Health . $9,861,463 00 



Service of the Department of Public Safety. 

2101-01 For the salary of the commissioner . . $10,000 00 
2101-02 For administration, including not more than 

eighty- two permanent positions . . 337.012 00 

Total $347,012 00 

Division of Slate Police. 

2102-04 For expert assistance to the commissioner, 
and for maintenance of laboratories, in- 
cluding not more than ten permanent posi- 
tions $51,115 00 

Division of Fire Prevention. 

2103-01 For the fire prevention service, including not 

more than twenty-five permanent positions $163,345 00 

Division of Inspection. 

2104-01 For administration, including not more than 

one permanent position .... $9,280 00 

2104-11 For the building inspection service, including 
not more than thirty-three permanent posi- 
tions 192,250 00 

2104-21 For the boiler inspection service, including 
not more than twenty-five permanent posi- 
tions 150,875 00 

2104-31 For the board of boiler rules, including not 

more than four permanent positions . 1,600 00 

Total $354,005 00 

State Boxing Commission. 

2105-11 For the service of the commission, including 

not more than five permanent positions . $25,070 00 

Board of Standards. 

2106-01 For the service of the board, including not 

more than beven permanent positions $4,400 00 

Board of Elevator Regulations. 

2107-01 For the service of the board, including not 

more than seven permanent positions . $4,605 00 



Acts, 1954. —- Chap. 453. 



355 



Item 



Board of Fire Prevention Regulations. 



2108-01 For the service of the board, including not 

more than six permanent positions . . $3,650 00 

Total, Department of Public Safety $953,802 00 



Service of the Department of Public Works. 

Division of Waterumjs. 

2202-03 For administration, including not more than 
fiftj^-nine permanent positions; provided, 
that an amount equal to the expenditures 
for personal services properly chargeable 
to item 2202-05, as certified by the director 
of the division, shall be credited as revenue 
to the General Fund; and, provided fur- 
ther, that the effective date of the ap- 
Eointce on requisition number 47037 is 
ereby changed to March twenty-seventh, 
nineteen hundred and fifty- three; and, 
provided further, that emploj'^ees holding 
positions under chapter thirty-one of the 
General Laws whose positions are trans- 
ferred to the division shall be transferred 
without loss of seniority, retirement, ci\'il 
service or other rights; and, provided 
fuither, that the incumbent of the position 
on requisition number 47950 shall be trans- 
ferred to the division upon the effective 
date of this act and shall be deemed to be 
permanently employed as general construc- 
tion inspector under chapter thirty-one of 
the General Laws without being required 
to serve any probationary period . $284,930 00 

2202-05 For the improvement, development, mainte- 
nance and protection of rivers, harbors, 
tidewaters and foreshores within the com- 
monwealth, as authorized by section eleven 
of chapter ninety-one of the General Laws; 
and of great ponds; prior appropriation 
continued; provided, that all expenditures 
for work undertaken hereunder, excepting 
the entire cost of the surveys and the prep- 
aration of preliminary plans, shall be upon 
condition tnat at least fifty per cent of the 
cost is covered by contributions from mu- 
nicipalities or other organizations and indi- 
viduals, except that in the case of dredging 
channels for harbor improvements at least 
twenty-five per cent of the cost shall be so 
covered; and, provided further, that the 
department of public works is hereby au- 
thorized to enter and construct on private 
land such works as may be necessary to 
secure and protect sea walls already built . 100,000 00 

2202-06 For the maintenance and repair of certain 
property in the towm of Plymouth, includ- 
ing not more than two permanent positions 8,560 00 

2202-07 For the operation and maintenance of the 
New Bedford state pier, including not more 
than nine permanent positions . . . 25,760 00 



356 



Acts, 1954. — Chap. 453. 



Item 
2202-09 



2202-20 



2202-21 
2220-21 



For the maintenance of structures and for 
repairing damages along the coast line or 
river banks of the commonwealth, and for 
the removal of wrecks and other obstruc- 
tions from tidewaters and great ponds; 
and for the improvement, development, 
maintenance and protection of rivers, har- 
bors, tidewaters and foreshores within the 
commonwealth as authorized by section 
eleven of chapter ninety-one of the General 
Laws, and of great ponds; provided, that 
no contributions from municipalities or 
other organizations and individuals shall 
be required, prior appropriation continued. 

For the care and maintenance of the province 
lands and of the lands acquired and struc- 
tures erected by the Provincetown tercen- 
tenary commission, including not more 
than five permanent positions . 

For the compensation of dumping inspectors 

For the continuation of a survey of the great 
ponds of the commonwealth, including the 
rights of way thereto, as authorized by 
chapter twenty-eight of the resolves of 
nineteen hundred and fifty-one, prior ap- 
propriation continued, expires June thir- 
tieth, nineteen hundred and fifty-six 

Total, Department of Public Works 



$15,025 00 
200 00 



15,000 00 
$449,475 00 



Service of the Department of Public Utilities. 

2301-01 For personal services of the commissioners, 
including not more than five permanent 
positions .... $46,500 00 

2301-02 For administration, including not more than 

seventy permanent positions 379,035 00 

2301-09 For hearings and special investigations; pro- 
vided, that no salaries or expenses of per- 
manent employees shall be chargeable to 
this item 30,000 00 

2301-11 For the administration of certain rules and 
regulations, as authorized by section 
seventy-five E of chapter one hundred and 
sixty-four of the General Laws, pertaining 
to the construction and operation of natural 
gas pipe lines in the commonwealth . 10,000 00 

2301-24 For personal services and expenses of an in- 
vestigation of the New England Telephone 
and Telegraph Company, as authorized by 
chapter one himdred and twelve of the acts 
of nineteen hundred and fifty-three, prior 
appropriation continued. 



Total 



$465,535 00 



Commercial Motor Vehicle Division. 

2304-01 For the service of the division, including not 
more than thirty-two permanent positions 



$166,595 00 



Acts, 1954. — Chap. 453. 



357 



Securities Division. 

Item 
2308-01 For the service of the division, including not 
more than nine permanent positions 



$43,435 00 



Total, Department of Public Utilities . S675,565 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 $14,100 00 

2805-02 For payment of any claims, as authorized by 
sections eighty-nine and eighty-nine A of 
chapter thirty-two of the General Laws, 
for allowances to the families of certain em- 
ployees killed or fatally injured in the dis- 
charge of their duties .... 16,300 00 

Total, Annuities and Payments . $30,400 00 



2811-02 



2820-02 



2820-06 



Non-Contributory Pensions. 

For the compensation of veterans who may 
be retired by the governor under the pro- 
visions of sections fifty-six to fifty-nine, 
inclusive, of chapter thirty- two of the Gen- 
eral Laws, and for the cost of medical ex- 
aminations in connection therewith . $1,300,000 00 

Total, Non-Contributory Pensions . $1,300,000 00 

Miscellaneous. 

For the payment, with the approval of the 
comptroller, of expenses for which no funds 
or insufficient funds were allotted or re- 
served; provided, that such expenses were 
not in excess of the appropriation account $25,000 00 

For reimbursement of persons for funds pre- 
viously deposited in the treasury of the 
commonwealth and escheated to the com- 
monwealth 5,000 00 

Total, Miscellaneous .... $30,000 00 



APPROPRIATIONS MADE FROM THE HIGHWAY FUND. 



2900-01 



Service of the Department of Public Works. 

Highway Activities. 

Expenditures made from thefolloiving appro- 
priations for highway activities shall be 
coded according to the manual entitled 
"Subsidiary Accounts and Expenditure 
Code Numbers" approved by the Joint 
Committee on Ways and Means on March 
second, nineteen hundred and fifty-four: 
For the salaries of the commissioner and the 

associate commissioners, including not 

more than three permanent positions $31,000 00 



358 



Acts, 1954. — Chap. 453. 



Item 

2900-02 For administration and engineering in con- 
nection with all highway activities, for the 
offices of the commissioner, department 
secretarj'', personnel officer and business 
agent, including telephone service in the 
public works building; and for the pay- 
ment of damages caused by defects in state 
highways, with the approval of the at^ 
torney general and including not more 
than one thousand four hundred and 
ninety-four permanent positions, partly 
chargeable to this item and to other high- 
way activity accounts as determined by 
the commissioner; provided, that the in- 
cvmabent on requisition number 45636 shall 
have permanent status under chapter 
thirty-one of the General Laws, as super- 
visor of motor pool, subject to his passing 
a qualifying examination, prior appropria- 
tion continued $8,500,000 00 

2900-04 For the maintenance and repair of state 
highways and bridges, traffic signs and 
signals, including traffic safety devices on 
town and city ways as the department 
may deem necessary; for work for which 
the Highway Fund is reimbursed other 
than work in connection with the projects 
included in federal aid programs; and for 
the purchase, construction and repair of 
shelters for departmental equipment and 
material, the cost of which is less than ten 
thousand dollars for each project, and in- 
cluding not more than one thousand two 
hundred and ninety-four permanent posi- 
tions, prior appropriation continued 8,700,000 00 

2900-08 For the cost of snow and ice control on state 
highways, including the removal of sand 
and other additional expenses in connection 
therewith 4,000,000 00 

2900-26 For the construction of a certain footbridge 
as authorized by chapter five hundred and 
twenty-six of the acts of nineteen hundred 
and fifty-two 30,000 00 

2900-28 For the construction of a certain footbridge, 
as authorized by chapter six hundred and 
thirty-two of the acts of nineteen hundred 
and fifty-one. prior appropriation continued 375 00 

2900-38 For expenses in connection with research and 
investigational work to be done on a co- 
operative basis with the Massachusetts In- 
stitute of Technology, appropriation ex- 
pires Jime thirtieth, nineteen hundred and 
fifty-six 30,000 00 

2900-55 The existence of the public works stores and 
equipment account, established by items 
2900-50 and 2900-55 of section two of 
chapter sixty-eight of the acts of nineteen 
hundred and forty-three, is hereby con- 
tinued for the year nineteen hundred and 
fifty-five under the terms and conditions 
prescribed by said items of said chapter 
sixty-eight; provided, that the total 
amount to be expended for capital outlay 
for the purchase of equipment from ima 



Acts, 1954. — Chap. 453. 



359 



Item 



2900-61 



2900-80 



account in the year nineteen hundred and 
fifty-five shall not exceed one milUon 
dollars. 

For the compensation of former employees 
of the department of public works, now- 
retired, as authorized by chapter four hun- 
dred and three of the acts of nineteen hun- 
dred and forty-eight, as amended by chap- 
ter four hundred and forty-one of the acts 
of nineteen hundred and fifty- three . 

For the operation and maintenance of the 
public works building, including not more 
than eighty-four permanent positions 



$35,500 00 
371,570 00 



Total, Department of Public Works . $21,698,445 00 



2924-01 



Service of the Registry of Motor Vehicles. 

For the service of the registry, including not 
more than eight hundred and thirty perma- 
nent positions, and to authorize charging 
against this appropriation a shortage in the 
amount of one thousand three hundred and 
twenty-seven dollars and forty-seven cents, 
determined by the auditor of the common- 
wealth to be the net shortage in the "over 
and short account" for the period from 
January first, nineteen hundred and thirty- 
nine, to July first, nineteen hundred and 
fifty-three ...... 



Total, Registry of Motor Vehicles 



$4,512,550 00 
$4,512,550 00 



Service of the Department of Public Safety. 

Division of State Police. 

2926-01 For the service of the division, including not 
more than five hundred and thirty-three 
permanent positions .... $2,962,162 00 

2926-11 For the compensation of state police oflficera 
formerly in the service of the common- 
wealth, now retired .... 53,980 00 
The comptroller is hereby authorized to trans- 
fer to the Highway Fund the sum of seven 
hundred and fifty-four thousand thirty-six 
dollars from the General Fund and the sum 
of thirty thousand dollars from the Old Age 
Assistance Fund on account of the above 
two items. 

Total, Department of Public Safety . $3,016,142 00 



Service of the Metropolitan District Commission. 

The follmving items are to be paid with the 
approval of the Metropolitan District 
Commission: 
2931-01 For general administration, including not 
more than sixty-five permanent po.sitions; 
provided, that the comptroller shall trans- 
fer to the Highway Fund seventy-five per 
cent of the cost of payments made under 



360 



Acts, 1954. — Chap. 453. 



Item 



2931-06 



this item from the MetropoUtan District 
Commission Funds, to be assessed by 
methods fixed by law . . . $315,690 00 
For the maintenance of boulevards and park- 
ways, including the installation of traffic 
Ughts and including Bunker Hill and the 
property adjacent, and for the mainte- 
nance of parks reservations and the Charles 
River basin, including the retirement of 
metropohtan police and veterans under the 
provisions of the General Laws, and in- 
cluding not more than nine hundred and 
thirteen permanent positions; provided, 
that the comptroller shall transfer to the 
Highway Fund proportions of payments 
made under this item, as provided by sec- 
tion fifty-five of chapter ninety-two of the 
General Laws 5,531,200 00 

Total, Metropolitan District Commis- 
sion $6,846,790 00 



APPROPRIATIONS MADE FROM THE PORT OF BOSTON 

FUND. 

Service of the Port of Boston Commission. 

3140-01 For expenses of administration, including not 
more than thirty-nine permanent positions; 
provided, that no compensation or expenses 
of consultants for legal services shall be 
chargeable to this item .... $218,905 00 

3150-01 For the operation and maintenance of prop- 
erty under the control of the authority, in- 
cluding not more than seventy permanent 
positions ...... 



Total, Port of Boston Commission 



310,845 00 
$529,750 00 



APPROPRIATIONS MADE FROM THE INLAND FISHERIES 
AND GAME FUND. 

Service of the Department of Natural Resources. 

Division of Fisheries and Game. {It is 
hereby provided that federal funds re- 
ceived as reimbursements under the follow- 
ing items are to be credited as income to 
the Inland Fisheries and Came Fund): 
3304-01 For the service of the division, including not 

more than ten permanent positions . $97,210 00 

3304-06 For expenses of the board, as authorized by 

chapter twenty-one of the General Laws . 2,600 00 

3304-31 For expenses of game farms and fish hatch- 
eries, including not more than twenty-seven 
permanent positions .... 514,651 00 
3304-42 For the improvement and management of 
lakes, ponds and rivers, including not more 
than three permanent positions 86,950 00 

3304-43 This item included in item 3304-01. 
3304-44 For the contribution of the department of 
natural resources towards a wild life co- 
operative research project, in accordance 



Acts, 1954. — Chap. 453. 



361 



Itom 



3304-45 



3304^47 



3304-51 



3304r-53 



3304-56 



3308-05 



330&-O7 



with a contract with the federal govern- 
ment, to be expended by the University of 
Massachusetts ..... 

For the estabhshment and maintenance of 
public fishing grounds, including not more 
than one permanent position; provided, 
that none of the money appropriated under 
this item shall be used for the purchase of 
land ....... 

For certain stream surveys and inventory 
work, as authorized by chapter two hun- 
dred and seven of the acts of nineteen hun- 
dred and fifty-one, including not more than 
one permanent position; provided, that the 
comptroller shall transfer to the Inland 
Fisheries and Game Fund the sum of six 
thousand dollars from the General Fund . 

For wild life research and management, in- 
cluding not more than seven permanent 
positions ...... 

For expenses of establishing and conducting 
wild life restoration projects, as authorized 
by chapter three hundred^and ninety-two 
of the acts of nineteen hundred and thirty- 
eight, including not more than six perma- 
nent positions .... 

For a biological survey of the streams and 
waters of the commonwealth . 

Total 

Division of Law Enforcement. 

For the payment of damages caused by wild 
deer and wild moose, prior appropriation 
continued, including not more than one 
permanent position .... 

For the supervision of public fishing and 
hunting grounds ..... 

Total 



5,250 00 



7,060 00 



45,028 00 
92,737 00 



152,617 00 

5,000 00 

$1,010,003 00 



$7,580 00 

8,700 00 

$16,280 00 



Total, Department of Natural Resources $1,026,283 00 



APPROPRIATIONS MADE FROM THE VETERANS' SERVICES 

FUND. 

Service of the Commissioner of Veterans' Services. 

3501-01 For personal services of the commissioner and 
deputies, including not more than three 
permanent positions .... $18,580 00 

3501-02 For the office of the commissioner, including 
not more than seventy-three permanent 
positions 335,210 00 

3501-03 For the payment of annuities to certain dis- 
abled war veterans, as authorized by sec- 
tions six A to six C, inclusive, of chapter 
one hundred and fifteen of the General 
Laws, prior appropriation continued . 60,000 00 

Total, Commissioner of Veterans' Serv- 
ices $413,790 00 



362 



Acts, 1954. — Chap. 453. 



Item 
3504-21 

3604-25 



Service of the Adjutant General. 

For the operation of the war records project, 
so caUed $23,200 00 

For expenses of the United Spanish War vet- 
erans, as authorized by section sixteen of 
chapter thirty-three of the General Laws . 1,500 00 

Total, Adjutant General . S24,700 00 



Service of the Soldiers' Home in Massachusetts. 



3506-01 For the maintenance of the Soldiers' Home 
in Massachusetts, including not more than 
five hundred and sixty-seven permanent 
positions ...... 

3506-24 For the conversion of the former nurses' home 
into a male employees' dormitory, includ- 
ing the cost of furnishings and equipment, 
prior appropriation continued. 

3506-40 For the expense of acquiring certain land in 
Chelsea, as authorized by chapter five hun- 
dred and fifty-one of the acts of nineteen 
himdred and fifty- three, prior appropria- 
tion continued. 



$2,580,670 00 



Total, Soldiers' Home in Massachusetts $2,580,670 00 



Service of the Soldiers' Home in Holyoke. 

3508-01 For the maintenance of the Soldiers' Home 
in Holyoke, including not more than 
eighty-four permanent positions . . $846,660 00 

Total, Soldiers' Home in Holyoke . $846,660 00 



Service of the State Housing Board. 

3510-01 For the service of the board, including not 
more than fourteen permanent positions; 
provided, that all compensation and ex- 
penses for legal services shall be by direc- 
tion and under the control of the attorney 
general ...... 

Total, State Housing Board 



$329,120 00 



$329,120 00 



Service of the Veterans' Bonus Commission. 

3511-01 For personal services and other expenses of 
the commission in connection with the pay- 
ment of the veterans' bonus, so called, as 
authorized by chapter four hundred and 
forty of the acts of nineteen himdred and 
fifty-three; provided, that requisitions for 
persons to be employed under the provi- 
sions of this item shall be issued under the 
provisions of chapter thirty for periods not 
to exceed six months and may from time to 
time be renewed for like periods 



Total, Veterans' Bonus Commission 



$187,300 00 
$187,300 00 



Acts, 1954. — Chap. 453. 



363 



Service of the Department of the Treasurer and 
Receiver-General. 

Item 

3512-05 This item omitted. 

3512-13 For making payments to soldiers in recog- 
nition of service during World War I and 
the Spanish War, as provided by law . S750 00 



Total, Department of the Treasurer and 
Receiver-General .... 



$750 00 



Service of the Department of the Auditor. 

3513-01 For an audit of certain housing authorities, 
as authorized by chapter six hundred and 
eighty-two of the acts of nineteen hundred 
and forty-nine $73,450 00 

Total, Department of the Auditor . $73,450 00 



Service of the Department of the Attorney General. 

3514-01 For the cost of providing certain legal assist- 
ance for the benefit of veterans, their wives 
and dependents $24,000 00 

Total, Department of the Attorney Gen- 
eral $24,000 00 



Service of the Department of Education. 

3516-01 For assistance to children of certain war vet.- 
erans, prior appropriation continued, as au- 
thorized by section seven B of chapter 
sixty-nine of the GenerMJ Laws and corre- 
sponding provisions of earlier laws . 

3516-22 For certain educational services to certain 
war veterans ..... 



Total, Department of Education 



$90,000 00 
116,955 00 



$206,955 00 



Service of the Department of Labor and Industries. 

Division of A pprentice Training. 

3520-01 For the service of the division, including not 
more than twenty-nine permanent posi- 
tions; provided, that all of the positions 
of this division, with the exception of the 
head clerk, shall not be subject to chapter 
thirty-one of the General Laws; and, pro- 
vided further, that the comptroller shall 
transfer to the Veterans' Services Fund 
the sum of eighty thiiusand two hundred 
dollars from the General Fund . . $160,398 00 

Total, Department of Labor and Indus- 
tries $160,398 00 



364 Acts, 1954. — Chap. 453. 



Miscellaneous. 

Item 
3549-00 For repayments to claimants, as authorized 
by section four of chapter five hundred and 
twenty-three of the acts of nineteen hun- 
dred and fifty $1,000 00 



Total, Miscellaneous .... SI, 000 00 



APPROPRIATIONS PAYABLE FROM REVENUE CREDITED 
TO THE OLD AGE ASSISTANCE FUND. 

Service of the Department of Public Welfare. 

3601-20 For pajmoents on account of old age assist- 
ance grants made in accordance with sec- 
tion one C of chapter one hundred and 
eighteen A of the General Laws . . $100,000 00 

Total, Department of Public Welfare . $100,000 00 



Service of the Alcoholic Beverages Control Commission. 

3604-01 For the service of the commission, including 
not more than sixty-five permanent posi- 
tions $336,080 00 

Total, Alcoholic Beverages Control Com- 
mission $336,080 00 



Service of the State Racing Commission. 

3605-01 For the service of the commission, including 
not more than eleven permanent positions; 
provided, that fees paid to veterinarians for 
services in connection with horse racing 
shall not exceed twenty-five dollars per 
diem, and in connection with dog racing, 
shall not exceed twenty dollars per diem . $168,920 00 



Total, State Racing Commission . $168,920 00 



APPROPRIATION PAYABLE FROM THE AGRICULTURAL 
PURPOSES FUND. 

Service of the Department of Agriculture. 
Division of Plant Pest Control and Fairs. 

3809-21 For state prizes and agricultural exhibits, in- 
cluding allotment of funds for the 4-H 
acHvities, including not more than one 
permanent position .... $85,760 00 

Total, Department of Agriculture . $85,760 00 



Acts, 1954. — Chap. 453. 



365 



APPROPRIATIONS PAYABLE FROM THE MOSQUITO CON- 
TROL FUND. 



Item 

3901-00 



3915-00 



Service of the State Reclamation Board. 

For the maintenance and construction ot 

drainage ditches, as authorized by chapter 

three hundred and feeventy-nine of the acts 

of nineteen hundi-ed and thirty, as amended 

by section one of chapter two hundred and 

fifty of the acts of nineteen hundred and 

thirty- five, to be assessed in the calendar 

year nineteen hundred and fifty-four $63,950 00 

For the maintenance and construction of 

drainage ditches, as authorized by chapter 

four hundred and fifty-six of the acts of 

nineteen hundred and forty-five, as 

amended by chapter seven hundred and 

thirty-four of the acts of nineteen hundred 

and fifty, to be assessed in the calendar year 

nineteen hundred and fifty-four 53,862 00 



Total, State Reclamation Board 



$117,812 00 



APPROPRIATIONS PAYABLE FROM THE PARKS AND SALIS- 
BURY BEACH RESERVATION FUND. 

Service of the Department of Natural Resources. 
Division of Forests and Parks. 

4010-01 For the service of the bureau of recreation, 
including not more than twenty-six per- 
manent positions; provided, that the 
comptroller shall transfer to the Parks and 
Salisbury Beach Reservation Fund the 
sum of fifty-one thousand dollars from the 
General Fund $422,491 00 

4010-08 For the construction of a ski tow on Mount 
Grace and for related expenses, as author- 
ized by chapter six hundred and sixty-two 
of the acts of nineteen hundred and fifty, 
prior appropriation contmued, appropria- 
tion expires June thirtieth, nineteen hun- 
dred and fifty-six ..... 16,000 00 

Total, Department of Natural Resources $437,491 00 



Service of the Department of Public Works. 

4050-01 For the service of the division of public 
beaches, including not more than two per- 
manent positions ..... $15,190 00 

4050-02 For the maintenance of Salisbury beach res- 
ervation, including not more than three 
permanent positions .... 155,730 00 

4050-03 For the operation of the bathhouse and serv- 
ices connected therewith at the province 
lands ....... 



Total, Department of Public Works 



38,480 00 
$209,400 00 



366 



Acts, 1954. — Chap. 453. 



APPROPRIATION PAYABLE FROM THE SMOKE INSPECTION 

FUND. 

Service of the Department of Public Utilities. 

Division of Smoke Inspection. 



Item 



4311-01 For the service of the division, including not 
more than nine permanent positions . 

Total, Department of Public Utilities . 



$44,875 00 
$44,875 00 



APPROPRIATIONS PAYABLE FROM THE PRISON INDUS- 
TRIES FUND. 

Service of the Department of Correction. 

4901-01 For salaries of persons employed in the de- 
partment of correction in certain super- 
visory and administrative work in prison 
industries, including not more than seven 
permanent positions; provided, that of the 
amount herein appropriated, the propor- 
tions properly chargeable to the prison in- 
dustries fund at the Massachusetts re- 
formatory, the reformatory for women, the 
state prison and the state prison colony 
shall be determined by the comptroller . $39,060 00 

4910-02 For salaries of persons employed in industries 
at the Massachusetts reformatory, includ- 
ing not more than twenty-seven permanent 
positions 114,230 00 

4920-02 For salaries of persons employed in industries 
at the reformatory for women, including 
not more than twelve permanent positions 48,745 00 

4930-02 For salaries of persons employed in industiies 
at the state prison, including not more than 
twenty-tive permanent positions . . 102,050 00 

4940-02 For salaries of persons employed in industries 
at the state prison colony, including not 
more than twenty-seven permanent posi- 
tions 116,770 00 



Total, Department of Correction 



$420,855 00 



APPROPRIATIONS PAYABLE FROM THE METROPOLITAN 
DISTRICT COMMISSION FUNDS. 

The following appropri"tions are to be as~ 
sesaed upon the several ilislricts in accord- 
ance inlli tlie methods fired by law, vnless 
otherwise provided, and to be expended 
under the direction of the Metropolitan 
District Commission: 



Metropolitan Parks, General. 

8601-27 For cortain payment^ for the use of facilities 

of the museum of science 

Item 8602-19 of chapter eight hundred and 

six of the acts of nineteen hundred and 

fifty-one is hereby reappropriated and 



$50,000 00 



Acts, 1954. — Chap. 453. 



367 



Item 



8602-37 



amended by adding after the word "main- 
tain", in the fifth Una of said item, the 
following words: ", and for improve- 
ments in said park". 
For the expenses of holding band concerts . $25,000 00 

Total, Metropolitan Parks, General $75,000 00 



Metropolitan Sewerage, North System. 

8702-00 For the maintenance and operation of a sys- 
tem of sewage disposal for the north metro- 
politan sewerage district, including retire- 
ment of veterans under the provisions of 
the General Laws, and including not more 
than three hundred and seventeen perma- 
nent positions for the north and south 
systems, partly chargeable to this item and 
to item 8807-00 $1,016,000 00 

Total, Metropolitan Sewerage, North 
System $1,016,000 00 



Metropolitan Sewerage, South System. 

8807-00 For the maintenance and operation of the 
system of sewage disposal for the south 
metropolitan sewerage district, including 
retirement of veterans under the provisions 
of the General Laws, and including certain 
permanent positions as enumerated in 
item 8702-00 $1,007,000 GO 

Total, Metropolitan Sewerage, South 
System $1,007,000 00 



Metropolitan Water System. 

8902-00 For the maintenance and operation of the 
metropolitan water system, including the 
retirement of veterans under the provisions 
of the General Laws and including not more 
than five hundred and eighty-six perma- 
nent positions $2,765,000 00 

8902-34 For the construction of additions and im- 
provements to certain supply and distribu- 
tion mains, prior appropriation continued, 
expires June thirtieth, nmeteen hundred 
and fifty-six 200,000 00 

8902-38 For the replacement of certain water meter 
registers, prior appropriations continued, 
expires June thirtieth, nineteen hundred 
and fifty-six 19,000 00 

8902-55 For certain improvements to pumping facili- 
ties, Spot Pond Station .... 50,000 00 

Total, Metropolitan Water System . $3,034,000 00 



368 



Acts, 1954. — Chap. 453. 



LOCAL AID APPROPRIATIONS. 

(Note item numbers for Local Aid appropriations changed from 
House, No. 1.) 

The following appropriations are for re- 
imbursements and grants to local gov- 
ernments: 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Service of the Judiciary. 

Superior Court. 

For reimbursing certain counties for com- 
pensation of certain special justices for 
services in holdinq; sessions of district 
courts in place of tlie justice, while sitting 
in the superior court, prior appropriation 
continued $6,000 00 



Item 

2603-01 



Suffolk County Court House. 

2603-02 For reimbursing the city of Boston for thirty 
per cent of the cost of maintenance of the 
Suffolk county court house, as provided by 
and subject to the conditions of section six 
of chapter four hundred and seventy-four 
of the acts of nineteen hundred and thirty- 
five, prior appropriation continued; pro- 
vided, that this appropriation shall not be 
construed as fixing the specific amoimt for 
which the commonwealth shall be liable 
on account of said maintenance 

Total, Judiciary .... 



180,000 00 
$186,000 00 



Boards and Commissions serving under Governor and Council. 

Rent Control Agency. 

2604-01 For the reimbursement of cities and towns, 
as provided by section four of chapter four 
hundred and thirty-four of the acts of 
nineteen hundred and fifty-three, prior 
appropriation continued . $150,000 00 

Total, Boards and Commissions serving 

under Governor and Council . . $150,000 00 



Service of the Department of Agriculture. 

Division of Livestock Disease Control. 

2609-01 For the reimbursement of certain towns for 
compensation paid to inspectors of animals, 
prior appropriation continued 



Total, Department of Agriculture 



$5,000 00 



$5,000 00 



Acts, 1954 — Chap. 453. 



369 



Service of the Department of Natural Resources. 



Item 
2610-01 



2610-02 



2610-03 



Division of Forests and Parks. 

For aiding towTis in the purchase of equip- 
ment for extinguishing lorest fires, as pro- 
vided by section eleven of chapter forty of 
the General Laws, prior appropriation 
continued $1,000 00 

For reimbiu-sement to certain towns for ex- 
tinguishing forest fires, prior appropriation 
continued 1,000 00 

For the reimbursement to cities and towns of 
a proportion of their expenses for the sup- 
pression of insect pests, as provided by law 5,000 00 

Total S7,000 00 



Division of Marine Fisheries. 

2610-04 For the reimbursement to certain coastal 
cities and towns of a part of the cost of 
projects for the propagation of shellfish, 
as authorized by section twenty of chapter 
one hundred and thirty of the General 
Laws; provided, that the expenditure by 
said cities and towns of funds herein pro- 
vided shall not be subject to appropriation 
as required by section fifty-three of chapter 
forty-four of the General Laws, prior ap- 
propriation continued .... S12,500 00 

2610-05 For the reimbursement to certain coastal 
cities and towns of a part of the cost of 
projects for the suppression of enemies of 
shellfish, as authorized by section twenty 
of chapter one hundred and thirty of the 
General Laws; provided, that the expendi- 
ture by said cities and towns of funds herein 
provided shall not be subject to appropria- 
tion as required by section fifty-three of 
chapter forty-four of the General Laws . 7,500 00 

2610-06 For bounties on seals .... 400 00 

Total $20,400 00 

Total, Department of Natural Resources $27,400 00 



Service of the Department of Corporations and Taxation. 

Reimbursement for Loss of Taxes. 

2612-01 For reimbursing cities and towns for loss of 
taxes on land used for state institutions 
and certain other state activities, as certi- 
fied by the commissioner of corporations 
and taxation for the calendar year nine- 
teen hundred and fifty-four, and for the 
reimbursement of certain towns as author- 
ized by section seventeen B of chapter 
fifty-eight of the General Laws; provided, 
that the commissioner shall not include in 
any distribution under this item any 



370 



Acts, 1954. — Chap. 453. 



Itam 



2612-02 



amounts on account of land not included in 
such distributions prior to January one, 
nineteen hundred and fifty, unless specif- 
ically so authorized by legislative act, 
prior appropriation continued . . . $600,000 00 

For the reimbursement of cities and towns 
for abatements granted, as provided by 
chapter five hundred of the arts of nine- 
teen hundred and fifty-one, prior appro- 
priation continued .... 30,000 00 

Total $630,000 00 

Total, Department of Corporations and 
Taxation $630,000 00 



Service of the Department of Education. 

2613-01 For reimbursement to cities and toMTis of a 
portion of the cost of a program for ex- 
tended school services for certain children 
of certain employed mothers, as authorized 
by sections twenty-six A to twenty-six F, 
inclusive, of chapter seventy-one of the 
General Laws, prior appropriation con- 
tinued $12,500 00 

2613-02 For the reimbursement of certain cities and 
towns for sight saving classes, as provided 
by law 20,000 00 

2613-03 For assisting small towns in providing them- 
selves with school superintendents, as pro- 
vided by law, prior appropriation con- 
tinued 185,000 00 

2613-04 For the reimbursement of certain towTis for 
the transportation of pupils as provided by 
law; provided, that a sum equiviUent to the 
payments under this item shall be trans- 
ferred to the General Fund from the re- 
ceipts of the income tax, prior appropria- 
tion continued 2,500,000 00 

2613-05 For the reimbursement of certain cities and 
towns for a part ot the expenses of main- 
taining agricultural and industrial voca- 
tional schools, as provided by law, prior 
appropriation continued . . . 3,932,109 00 

2613-06 For reimbursement of certain cities and towns 
for adult English-speaking classes, prior 
appropriation continued . . . 90,000 00 

2613-07 For the reimbursement of certain towns for 
the transportation of pupils, as authorized 
by section eight A of chapter seventy-four 
of the General Laws; provided, that a sum 
equivalent to the payments under this item 
shall be transferred to the General Fund 
from the receipts of the income tax . . 79,489 00 



Total 



$6,819,098 00 



School Building Assistance Commission. 

2613-08 For reimbursement of certain cities and towns 
for part of the cost of construction of school 
projects, as authorized by chapter six hun- 



Acts, 1954. — Chap. 453. 



371 



Itwn 



dred and forty-five of the acts of nineteen 
hundred and forty-eight as amended, prior 
appropriation continued; provided, that a 
sum equivalent to the payments under this 
item shall be transferred to the General 
Fund from the receipts of the income tax 



$3,000,000 00 



School Lunch and Commodity Distribution Program. 

2613-09 For the reimbursement of cities and towns 
for partial assistance in the furnishing of 
lunches to school children, as authorized 
by chapter five hundred and thirty-eight 
of the acts of nineteen hundred and fifty- 
one; provided, that notwithstanding any 
Erovisions of law to the contrary, reim- 
ursements so authorized to be paid from 
state funds shall not exceed fifty per cent 
of the total reimbursement authorized by 
the national school lunch act; and, fur- 
ther provided, that a sum equivalent to the 
payments imder this item shall be trans- 
ferred to the General Fund from the re- 
ceipts of the income tax .... $1,160,000 00 



Education of Deaf and Blind Pupils. 

2613-10 For the reimbursement of certain cities and 
towns for day classes of the deaf, as pro- 
vided by section twenty-eight of chapter 
sixty-nine of the General Laws 



$35,000 00 



Teachers' Retirement Board. 

2613-11 For reimbursement of certain cities and 
towns for pensions to retired teachers, prior 
appropriation continued 



$1,333,800 00 



Youth Service Board. 

2613-12 For reimbursement of cities and towns for 
tuition of children attending the public 
schools, prior appropriation continued . $12,000 00 

Total, Department of Education . . $12,359,898 00 



Service of the Department of Public Welfare. 

2619-01 For the payment of suitable aid to certain de- 
pendent children, prior appropriation con- 
tinued $5,800,000 00 

2619-02 For the burial by cities and towns of indigent 
persons who have no legal settlement, prior 
appropriation continued . 25,000 00 

2619-03 For expenses in connection with smallpox and 
other diseases dangerous to the public 
health, prior appropriation continued 425,000 00 

2619-04 For the support of sick indigent persons who 
have no legal settlement, prior appropria- 
tion continued 350,000 00 

2619-05 For temporary aid given by cities and towns 
to indigent persons with no legal settle- 
ment, and to shipwrecked seamen, and for 



372 



Acts, 1954. — Chap. 453. 



Item 



261&-06 



the transportation of indigent persons un- 
der the charge of the department, prior 
appropriation continued $1,450,000 00 

For the reimbursement of cities and towns 
for total and permanent disabiUty assist- 
ance, as provided by chapter one hundred 
and eighteen D of the General Laws; pro- 
vided, that the sum appropriated in this 
item shall be in addition to the balance 
available in item 1904-16 of section two 
of chapter two hundred and sixty-three of 
the acts of the current year . . 4,750,000 00 

Total .$12,800,000 00 



Division of Child Guardianship. 

2619-07 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-four, prior appro- 
priation continued ..... 



$600,000 00 



Total, Department of Public Welfare . $13,400,000 00 



Service of the Department of Public Health. 



Bureau of Institutions. 

2620-01 For the payment of subsidies for tubercular 
patients in certain hospitals, prior appro- 
priation continued .... 

Total, Department of PubUc Health 



$460,000 00 
$460,000 00 



APPROPRIATIONS MADE FROM THE HIGHWAY FUND. 



Service of the Department of Public Works. 

Highway Activities. 

Expenditures made from the following appro- 
priations for highway activities shall be 
coded according to the manual entitled 
'^Subsidiary Accounts and Expenditure 
Code Numbers" approved by the Joint 
Committee on Ways and Means on March 
second, niiieteen hundred and fifty-four: 
2900-17 For projects for the construction and main- 
tenance of town and county ways, as pro- 
vided in subdivision two (a) of section 
thirty-four of chapter ninety of the Gen- 
eral Laws; provided, that amounts made 
available by this item in any fiscal year 
shall be available for expenditure in the 
succeeding fiscal year; and, further pro- 
vided, that not less than three hundred 
thousand dollars of the sum herein appro- 
priated shall be available for maintenance 
projects on said town and county ways . $6,000,000 00 



Acts, 1954. — Chap. 453. 



373 



Item 
2900-18 



For aiding cities and towns in the repair and 
improvement of public ways, as provided 
by section twenty-six of chapter eighty- 
one of the General Laws; except, that the 
state's contribution shall be at an annual 
rate not to exceed two hundred and sev- 
enty-five dollars per mile for the calendar 
year nineteen hundred and fifty-five, the 
provisions of chapter six hundred and 
eighty-nine of the acts of nineteen hundred 
and forty-five and chapter seven hundred 
and six of the acts of nineteen hundred and 
forty-nine notwithstanding; and, provided, 
that the amount appropriated for the pur- 
pose in any fiscal year shall be available for 
expenditure in the succeeding fiscal year . $2,600,000 00 



Total, Department of Public Works 



$8,600,000 00 



APPROPRIATIONS MADE FROM THE VETERANS' SERVICES 

FUND. 

Service of the Commissioner of Veterans' Services. 

3526-01 For reimbursing cities and towns for money 
paid for veterans' benefits, as provided in 
section six of chapter one hundred and fif- 
teen of the General Laws, prior appropria- 
tion continued $3,100,000 00 

3526-02 For reimbursing cities and towns for money 
paid on account of war allowance, state and 
military aid and soldiers' relief to certain 
residents of the commonwealth and their 
dependents, as authorized by chapter 
eleven of the acts of the special session of 
nineteen hundred and forty-two, prior ap- 
propriation continued .... 45,000 00 

Total, Commissioner of Veterans' Serv- 
ices $3,145,000 00 



Service of the State Housing Board. 

3526-03 For reimbursement to certain cities and 
towns, as provided by chapter two hun- 
dred of the acts of nineteen hundred and 
forty-eight, as amended, prior appropria- 
tion continued $2,750,000 00 

3526-04 For reimbursement to certain cities and 
towns, as provided by chapter three hun- 
dred and seventy-two of the acts of nine- 
teen hundred and forty-six, as amended, 
prior appropriation continued. 

Total, State Housing Board . $2,750,000 00 



Service of the Department of Education. 

3526-05 For the payment of retirement assessments 
of teachers formerly in military or naval 
service, as authorized by section nine of 



374 Acts, 1954. — Chap. 453. 

Item 

chapter seven hundred and eight of the 
acts of nineteen hundred and forty-one, as 
amended, prior appropriation continued. 
3526-06 For reimbursements for certain educational 

services for certain war veterans $1,000 00 

Total $1,000 00 

Total, Department of Education . $1,000 00 



APPROPRIATIONS PAYABLE FROM REVENUE CREDITED 
TO THE OLD AGE ASSISTANCE FUND. 

Service of the Department of Public Welfare. 

3626-01 For reimbursement to cities and towns for old 
age assistance, as provided by law; pro- 
vided, that the sum appropriated in this 
item shall be in addition to the balance 
available in item 3601-20 of chapter four 
hundred and eighty-nine of the acts of 
nineteen hundred and fifty-three . $33,000,000 00 

3626-02 Notwithstanding the provisions of section ten 
of chapter sixty-four B of the General Laws 
regulating payments from receipts under 
said chapter to cities and towns, heretofore 
made without appropriation, a sum not ex- 
ceeding two million two hundred thousand 
dollars is hereby appropriated from the Old 
Age Assistance Fund for such payments, 
and the total amounts to be paid by the 
state treasurer on or before November 
twentieth, nineteen hundred and fifty-four, 
from the sum herein appropriated, shall be 
not less than one million three hundred 
fifty thousand dollars .... 2,200,000 00 

Total, Department of Public Welfare . $35,200,000 00 



DEBT SERVICE APPROPRIATIONS. 

(Note item num.bers for Debt Service appropriations changed 
from House, No. 1.) 



APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Interest and Redemption of Debt. 

2410-00 For the payment of interest on the direct 
debt of the commonwealth, to be in addi- 
tion to the amounts appropriated in items 
2951-00, 3180-02 and 3590-02, prior ap- 
propriation continued .... $1,849,556 00 

2420-00 For certain serial bonds maturing, to be in 
addition to the amounts appropriated in 
items 2952-00 and 3180-01, prior appro- 
priation continued .... $10,488,273 00 

Total, Interest and Redemption of Debt $12,337,829 00 



Acts, 1954. — Chap. 453. 



375 



APPROPRIATIONS MADE FROM THE HIGHWAY FUND. 



Item 
2951-00 



2952-00 



Interest and Redemption of Debt. 

For the payment of interest on the direct debt 

of the commonwealth, to be in addition to 

the amounts appropriated in items 2410-00, 

3180-02 and 3590-02, prior appropriation 

continued $2,670,030 00 

For certain serial bonds maturing, to be in 

addition to the amounts appropriated in 

items 2420-00 and 3180-01, prior appro- 
priation continued .... 12,081,180 00 

Total, Interest and Redemption of Debt $14,751,210 00 



APPROPRIATIONS MADE FROM THE PORT OF BOSTON 

FUND. 



3180-01 



3180-02 



Interest and Redemption of Debt. 

For certain serial bonds maturing, to be in 

addition to the amounts appropriated in 

items 2420-00 and 2952-00, prior appro- 
priation continued .... $781,045 00 
For the payment of interest on the direct debt 

of the commonwealth, to be in addition to 

the amounts appropriated in items 2410-00, 

2951-00 and 3590-02, prior appropriation 

continued 210,185 00 

Total, Interest and Redemption of Debt 1991,230 00 



APPROPRIATIONS MADE FROM THE VETERANS' SERVICES 

FUND. 

Interest and Redemption of Debt. 

3590-02 For the payment of interest on the direct debt 
of the commonwealth, to be in addition to 
the amounts appropriated in items 2410-00, 
2951-00 and 3180-02, prior appropriation 
continued $393,719 00 

3590-03 This item omitted. 

Total, Interest and Redemption of Debt $393,719 00 



Section 2A. For the purpose of making available for 
expenditure in the fiscal year nineteen hundred and fifty- 
five certain balances of appropriations which otherwise 
would revert on June thirtieth, nineteen hundred and fifty- 
four, the unexpended balances of the items shown below 
are hereby reappropriated : 



2900-10 
2900-32 
2900-33 



2900-35 
2900-36 
2900-41 



2900-43 
2900-46 
2900-91 



376 Acts, 1954. — Chap. 453. 

Section 3. Wherever, in section two of this act, it is 
provided that transfers shall be made from a fund, account 
or receipts, of a specific sum, a percentage of payments, or a 
sum equivalent to payments, such transfers of a specific 
sum shall be made upon the effective date of this act, and 
all others shall be made quarterly unless otherwise provided; 
except, that at the close of a fiscal year, the amount equiva- 
lent to payments in a continuing account shall be construed 
to mean the amount of such appropriation. 

Section 4. No moneys appropriated under this act shall 
be expended for reimbursement for the expenses of meals 
for persons while traveling within or without the common- 
wealth at the expense thereof, unless such reimbursement is 
in accordance with rules and rates which are hereby author- 
ized to be established from time to time by the commission 
on administration and finance. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed seven cents a mile. 

No payment shall be made or obligation incurred for the 
garaging of any passenger vehicle owned by the common- 
wealth and operated by an employee thereof as transporta- 
tion 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 otherwise shown by the files of said 
committee, a copy of which shall be deposited with the divi- 
sion of personnel and standardization, no part of sums so 
appropriated in section two shall be available for payment 
of salaries of any additional permanent position, or for pay- 
ments on account of reallocations of permanent positions, 
or for payments on account of any change of salary range or 
compensation of any permanent position, notwithstanding 
any special or general act to the contrary; provided, that 
no vacancy occurring in any permanent position included in 
said schedules of permanent positions, excepting in the 
services of the legislature or the judiciary, or of institu- 
tions 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 commission on administra- 
tion and finance. 

Section 7. In addition to the payment of regular sala- 
ries, sums appropriated for personal services in the fiscal 
year nineteen hundred and fifty-five shall be available for 
the payment of such other forms of compensation as may be 



Acts, 1954. — Chap. 453. 377 

due under existing statutes, or under the provisions of rules 
and regulations made in accordance with said statutes. 

Section 8. All federal subventions and grants available 
to the commonwealth under any act of congress and not 
otherwise authorized to be received shall be paid into the 
treasury of the commonwealth; provided, however, that 
appUcations for such subventions and grants, and for trans- 
fers within such subventions and grants, shall be subject 
to the approval of the commission on administration and 
finance. All federal subventions and grants received by the 
commonwealth may be expended without specific appro- 
priation if such expenditures are otherwise in